What is the time limit for transferring the administrative violation sanctioning dossier to the superior for handling, from the date of making the administrative violation record?
- What are the regulations on the power to impose administrative sanctions in Vietnam?
- When is making records on the sanctions of administrative violations?
- What is the time limit for transferring the administrative violation sanctioning dossier to the superior for handling, from the date of making the administrative violation record?
What are the regulations on the power to impose administrative sanctions in Vietnam?
Pursuant to Article 6 of Decree 118/2021/ND-CP of Vietnam stipulating the power to impose administrative sanctions as follows:
- Power to impose fines of each title must be prescribed specifically in decrees on administrative sanctions. For decrees having numerous state management fields, this power must be specifically prescribed for each field.
In case fines for titles prescribed in Articles 38, 39, 40, 41 and 46 of the Law on Handling of Administrative Violations are accounted as percentages of the maximum fines of corresponding fields prescribed in clause 1 Article 24 of the Law on Handling of Administrative Violations, the power to impose fines must be prescribed under specific fines to be specified in decrees on administrative sanctions in various state management fields.
- For state management fields prescribed in clause 3 Article 24 of the Law on Handling of Administrative Violations, in case fines for administrative violations are determined according to the number of times, values of violation exhibits and violation goods, sanctions for titles prescribed in Articles 38, 39, 40, 41 and 46 of the Law on Handling of Administrative Violations shall be accounted according to percentages of maximum fines in such fields and must be prescribed in specific fines to be specified in decrees on administrative sanctions in various state management fields.
- In case decrees on administrative sanctions prescribe numerous titles of forces with power to impose sanctions in many different state management fields that participate in sanctions, they must clearly prescribe power to impose sanctions of such forces on each particular clause.
- Persons with power to issue offence notices include persons with power to impose sanctions, officials, public employees and persons of the People's Army, People's Public Security and cipher workers on their official duties, missions; aircraft commanders, captains, ship captains and persons assigned to issue offence notices by the aircraft commanders, captains and ship captains.
What is the time limit for transferring the administrative violation sanctioning dossier to the superior for handling, from the date of making the administrative violation record?
When is making records on the sanctions of administrative violations?
Pursuant to Article 57 of the 2012 Law on Handling of Administrative Violations of Vietnam on the sanctions of administrative violations with taking records, dossiers of administrative sanctions as follows:
“Article 57. Administrative sanction with taking records, dossiers of administrative sanctions
1. Administrative sanctions with record taking applied for acts of administrative violations of individuals, organizations committing acts of administrative violations not belonging to cases specified in paragraph 1, Clause 1, Article 56 of this Law.
2. The sanctions of administrative violations with taking records must be made into dossiers of administrative sanctions by competent persons. The dossiers include records of administrative violations, decisions of administrative sanction, related documents and papers and must be filled in book of records.
The dossiers must be restored according to the law provisions of archives.”
In addition, the provisions of Clause 1, Article 56 of the 2012 Law on Handling of Administrative Violations of Vietnam are as follows:
“Article 56. Administrative sanction without record taking
1. Administrative sanction without record taking is applicable in cases of warning or fines of up to VND 250,000 for individuals, VND 500,000 for organizations and the persons with sanctioning competence must make decisions of administrative sanctions on the spot.
In case administrative sanctions are detected thanks to using technical, professional equipment, means, the record must be taken.”
Thus, if there is a decision to sanction an administrative violation on the spot, it is not required to make a record when being sanctioned with a warning or a fine of up to 250,000 VND for individuals, 500,000 VND for organizations. In other cases, records are still made as usual for administrative violations.
What is the time limit for transferring the administrative violation sanctioning dossier to the superior for handling, from the date of making the administrative violation record?
Pursuant to Clause 1, Article 66 of the 2012 Law on Handling of Administrative Violations of Vietnam (amended by Clause 34, Article 1 of the 2020 Law on amendments and supplements to certain articles of Law on Handling of Administrative violations), the time limit for issuing decisions on sanctioning of administrative violations is as follows:
“Article 66. Limitation periods for issuance of administrative sanction decisions
1. Limitation periods for issuance of administrative sanction decisions shall be regulated as follows:
a) For the cases or matters not covered by points b and c of this clause, the limitation period for issuing a sanction decision shall be 07 working days from the date of making a written record of administrative violation; For cases or matters where files thereof must be transferred to persons having sanctioning authority, the limitation period for issuing a sanction decision shall be 10 working days from the date of making a written record of administrative violation, except as prescribed in clause 3 of Article 63 of this Law;
b) As for cases and matters in which individuals or organizations request explanations or verification of relevant facts and details specified in Article 59 herein, the limitation period for issuance of a sanction decision shall be 1 month from the date of making and issuing an administrative violation record;
c) As for cases and matters covered by point b of this clause, if they are extremely serious, involve complicated facts and details, need more time to carry out further verification and collection of evidence, the limitation period for issuance of a sanction decision shall be 02 months from the date of making and issuing an administrative violation record.
2. If persons having authority to sanction administrative violations, involved individuals and organizations defer issuing sanction decisions after expiry of the limitation period through their fault, they shall be sanctioned under laws.”
Thus, in principle, within 07 days from the date of making an administrative violation record, the person with sanctioning competence must issue a decision to sanction the violation, unless it falls into one of the following cases: For particularly serious matters, with many complicated circumstances, the extension may be extended for a maximum of 2 months.
In short, in your case, if the People's Committee of the ward does not have the authority to sanction, it must transfer the case file to the District People's Committee, and the time when I transfer it to the superior is not specified in the document, just need to ensure about the time limit for issuing the sanctioning decision.
Thư Viện Pháp Luật
