Decree No. 19/2020/ND-CP dated February 12, 2020 on inspection and sanctioning of violations arising from enforcement of laws on administrative penalties

GOVERNMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No. 19/2020/ND-CP	Hanoi, February 12, 2020

 

DECREE

INSPECTION AND SANCTIONING OF VIOLATIONS ARISING FROM ENFORCEMENT OF LAWS ON ADMINISTRATIVE PENALTIES

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Administrative Penalties dated June 20, 2012;

Pursuant to the Law on Public Officials and Public Servants dated November 13, 2008;

Pursuant to the Law on Public Employees dated November 15, 2010;

Pursuant to the Law on Amendments and Supplements to the Law on Public Officials and Public Servants, and the Law on Public Employees dated November 25, 2019;

Pursuant to the Anti-corruption Law dated November 20, 2018;

Pursuant to the Law on State Compensation Liabilities dated June 20, 2017;

Upon the request of the Minister of Justice;

The Government hereby promulgates the Decree on inspection and sanctioning of violations arising from enforcement of laws on administrative penalties.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree prescribes inspection of enforcement of laws on administrative penalties, disciplinary actions imposed on jurisdictional and responsible persons for their violations arising from enforcement of laws on administrative penalties. 

Article 2. Subjects of application

1. Authorities and persons having jurisdiction over inspection of enforcement of laws on administrative penalties; regulatory authorities taking control of enforcement of laws on administrative penalties.

2. Heads of host entities of persons having authority to impose administrative penalties, Heads of direct supervisory entities of persons having authority to impose administrative penalties.

3. Persons having authority to impose administrative penalties, persons having authority to issue administrative penalty notices.

4. Entities and persons related to enforcement of laws on administrative penalties.

Article 3. Purposes of inspection of and disciplinary actions against violations arising from enforcement of laws on administrative penalties

1. Review and assess the implementation of laws on handling of administrative violations; encourage and commend agencies, organizations and individuals that record achievements in the implementation of the law on handling of administrative violations; detect limitations, problems, inadequacies, errors and violations arising from the implementation of the law on handling of administrative violations in order to promptly take correctional, disciplinary and mitigative actions against them.

2. Prevent, control and combat violations arising in the implementation of laws on handling of administrative violations; strengthen administrative discipline and rules in organizing the implementation and application of laws to ensure the effectiveness and efficiency of enforcement of laws on handling of administrative violations.

3. Detect regulations that are not yet consistent, synchronous or not suitable to real situations in order to promptly amend, supplement, abolish or promulgate new legal documents on handling of administrative violations, or other legislative documents.

Article 4. Principles for inspecting and imposing disciplinary actions against violations arising from enforcement of laws on handling of administrative violations

1. Ensuring objectivity, public disclosure, transparency, correct authorization, compliance with prescribed processes and procedures.

2. Ensuring cooperation among related agencies, non-overlapping with other inspection and examination at any unit at the same time; avoid hindering or affecting the normal operation of the inspectee.

Combining self-examination of the inspectee with the inspection of competent agencies and persons.

3. Inspection conclusions must be followed in full and on time by the inspectee, concerned agencies, organizations and individuals. Violations, recommendations and requests that are integrated into inspection conclusions require prompt and strict actions that are binding upon right people and address right cases, as well as corresponding to the nature and seriousness of violation.

Inspection conclusions must be monitored, pushed for and supervised by competent persons.

4. The authorized inspector and the inspectee shall be identified according to the principles of state management applied to respective sectors, domains and geographical areas and territories.

Chapter II

INSPECTION OF ENFORCEMENT OF LAWS ON HANDLING OF ADMINISTRATIVE VIOLATIONS

Article 5. Inspection bases and approaches

1. Periodical, area-specific or sector-based inspection approaches shall be implemented according to annual inspection plans if one of the followings comes into existence:

a) Prime Minister issues the directive for inspection;

b) The inspection is carried out upon the request of a jurisdictional ministry, ministry-level agency, People’s Committee of a province or city;

c) The inspection is carried out according to the request of legal institutions under the control of ministries or ministry-level agencies made based on the results of the monitoring of situations of implementation of laws on handling of administrative violations;

d) The inspection is carried out upon the request of the Department of Justice or the Division of Justice made based on the results achieved from the monitoring of situations of implementation of laws on handling of administrative violations;

dd) The inspection is carried out in conformance to requirements for state management of handling of administrative violations;

e) There are a variety of difficulties, problems or issues arising from implementation of laws on handling of administrative violations under the remit of joint sectors, or there are some complicated cases related to such implementation.

2. Unscheduled inspection approach shall be conducted in compliance with managerial requirements and actual situations if one of the followings comes into existence:

a) Prime Minister issues the directive for inspection;

b) The inspection must be carried out upon receipt of requests or recommendations from individuals or entities, or complaints from mass media agencies about the fact that laws on handling of administrative violations are enforced incorrectly, about any sign of infringement on legitimate rights and benefits of individuals and entities;

c) The inspection must be carried out when detecting problems or signs of violations after considering results achieved from studying dossiers and documents sent by agencies or persons competent to handle administrative violations or being deposited or kept in safe custody according to existing regulations;

d) The inspection must be carried out if any sign of infringement on legitimate rights and benefits of individuals and entities arising from implementation of laws on handling of administrative violations is discovered.

Article 6. Inspection authority

1. Ministers and heads of ministerial-level agencies shall inspect the implementation of law on handling of administrative violations in the cases prescribed at Points a, b, c, dd and e, Clause 1 and Clause 2, Article 5 of this Decree within their remit.

For cases specified at Point f, Clause 1, Article 5 of this Decree, which are of complicated nature and on an interdisciplinary and nationwide scale, the Minister of Justice shall report to the Prime Minister for consideration of issuance of decisions on designation of the agency responsible for presiding over the inspection.

Legal institutions affiliated to ministries and ministerial-level agencies shall be responsible for assisting ministers and heads of ministerial-level agencies in conducting inspections.

2. The Minister of Justice shall inspect the implementation of laws on handling of administrative violations according to the provisions of Clause 1 of this Article.

The Director of Department of Management of Administrative Violations and Law Enforcement under the control of the Ministry of Justice shall be responsible for assisting the Minister of Justice in carrying out inspections.

3. Presidents of provincial or district-level People's Committees shall inspect the implementation of laws on handling of administrative violations in the cases prescribed at Points a, b, c, dd and e, Clause 1 and Clause 2, Article 5 of this Decree within their remit.

Directors of Departments of Justice and Heads of Subdepartments of Justice shall be responsible for assisting Presidents of People's Committees of provinces and districts in conducting inspections.

4. Heads of agencies and units managing persons competent to sanction administrative violations shall inspect the cases specified at Points dd and e, Clause 1 and Clause 2, Article 5 of this Decree.

Legal institutions or organizations with equivalent functions and tasks under the control of agencies and units managing persons competent to sanction administrative violations shall help the heads of agencies and units managing persons competent to sanction violations administrative offenders carry out inspections.

5. The Minister of Justice shall provide specific provisions of this Article.

Article 7. Rights and responsibilities of persons competent to issue inspection decisions

1. Inspection decision makers shall have the following rights:

a) Sanction according to their competence or propose competent agencies to promptly sanction agencies, organizations and individuals that fail to comply with or correctly implement the law provisions on handling administrative violations.

b) In case of detecting that the law provisions on handling administrative violations are incomplete, inconsistent, synchronous, impractical or wrong, they shall take action according to their competence or promptly propose competent state agencies to review and handle these issues;

c) Commend and reward, according to its competence, or propose competent agencies to promptly commend and reward agencies, organizations and individuals in effectively implementing and complying with law provisions on handling administrative violations.

2. Inspection decision makers shall assume the following responsibilities:

a) Inform inspection plan, contents and time; send test conclusions to the inspectee;

b) Promptly direct and handle, according to its competence, situations arising during the inspection process and after finishing the inspection according to reports and proposals of the head of an inspection team;

c) Take responsibility to the immediate superior and before the law for promulgating the inspection decision, and for all inspection activities under the inspection decision;

d) Issue inspection conclusions.

Article 8. Inspection team

1. An inspection team shall be set up to perform inspection tasks according to inspection decisions of competent persons. An inspection team shall be established in the interdisciplinary form, except in the following cases:

a) Ministers and Heads of ministerial-level agencies set up inspection teams to inspect the implementation of the law on handling of administrative violations falling within their respective ambit.

b) Heads of agencies and units managing persons competent to sanction administrative violations set up inspection teams to inspect the enforcement of law on handling of administrative violations within their respective scope of responsibility and duty.

2. An inspection team must be composed of at least 5 members, including:

a) Team leader;

b) 1 vice team leader;

c) Other members.

3. Members of an inspection team must not be subject to any disciplinary action or temporary suspension from work in accordance with law at the presence.

4. Members of an inspection team may not join the examination team in case their spouse, natural child, parent, sibling or their spouses are subject to examination or hold leadership or managerial positions of the directly inspected entity.

Article 9. Authority and responsibilities of an inspection team

1. Authority of an inspection team:

a) Request the inspectee to work directly or send their representative to work with the inspection team;

b) Request the inspectee to provide full information, records, documents and give explanation about matters related to the inspection tasks; where necessary, request the inspectee to provide exhibits and means of violations to support verification;

c) Where necessary, an inspection team can carry out verification to clarify issues related to the inspection.

2. Responsibilities of the inspection team:

a) Conduct inspection according to the inspection decision;

b) Request the competent person to issue the inspection decision, provide inspection results and make recommendations about possible solutions;

c) Use information; use and safekeep records, documents, exhibits and means related to the inspection contents in strict compliance with law provisions; avoid damaging or losing the inspectee’s lawful property;

d) Return all documents, records, exhibits or means that the inspectee has provided.

Article 10. Responsibilities of team leader and members

1. Inspection team leader shall assume the following responsibilities:

a) Announcing inspection decisions to inspectees;

b) Informing inspectees of members of an inspection team;

c) Administering inspection activities to ensure conformity with what is mentioned in an inspection decision;

d) Assigning specific duties to an inspection team’s members;

dd) Bearing responsibility to the inspection decision issuer and before law for an inspection team’s activities;

e) Implementing the reporting regime, petitioning the person who has issued the inspection decision to give his/her direction regarding matters and issues that arise beyond the leader’s decision-making authority when performing inspection tasks;

g) Making and signing a report on inspection results immediately after completion of each inspection;

h) Reporting and making recommendations about handling of inspection results to the person who has issued the inspection decision after completion of each inspection; requesting the person accorded authority to carry out inspections to issue inspection conclusions;

i) Carrying out provisions laid down in Clause 2 Article 9 hereof.

2. The inspection team leader may authorize his/her vice leader to act on his/her behalf to perform the leader's tasks.

When being authorized by the inspection team leader to act on his/her behalf, the vice leader of inspection team shall be accountable to the team leader, the person who has issued the inspection decision, and before law for the inspection team’s performance; shall be responsible for complying with Clause 1 of this Article.

3. Inspection team members shall assume the following responsibilities:

a) Carrying out inspection tasks assigned and administered by the inspection team leader according to the inspection decision;

b) Sending a review report on results of performance of assigned inspection tasks to the inspection team leader and taking responsibility for the accuracy and truthfulness of the contents of the report or any recommendation;

c) Recommending the inspection team leader to take necessary measures to ensure effective and lawful inspection activities;

d) Implementing provisions laid down in Clause 2 of Article 9 hereof.

Article 11. Subject matters of an inspection over enforcement of laws on handling of administrative violations

1. Subject matters of the inspection over application of laws on administrative penalties:

a) Total number of violation cases; total number of violation cases subject to administrative penalties; total number of violations subject to administrative penalties in each management sector; total number of violation cases transferred to legal proceedings authorities for criminal prosecution; total number of violation cases transferred by legal proceedings authorities for imposition of administrative penalties;

b) Implementation of legal provisions on competence, procedures for issuing notices of administrative violations, decisions to impose administrative penalties, decisions on confiscation of material evidences and means of commission of administrative violations, decisions on application of remedial measures in case of failure to issue decisions to impose administrative penalties, decisions to enforce compliance with decisions to impose administrative penalties;

c) Reality and results of implementation of decisions to impose administrative penalties, decisions on confiscation of material evidences and means of commission of administrative violations, decisions on application of remedial measures in case of failure to issue decisions to impose administrative penalties, decisions to enforce compliance with decisions to impose administrative penalties;

d) Implementation of laws on explanatory statements;

dd) Implementation of laws on authority, procedures for application of preventive measures and guarantee for sanctioning of administrative violations;

e) Management of money collected from sanctioning administrative violations, documents evidencing payment and collection of fines;

g) Retention of documents on sanctioning of administrative violations.

2. Subject matters of application of laws on administrative actions:

a) Total number of violators on whom request documents for application of administrative actions are made; total number of violators subject to administrative actions;

b) Implementation of laws on preparation of request documents for application of administrative actions:

c) Reality and results of enforcement of decisions on application of administrative actions;

d) Application of preventive measures and guarantee for enforcement of decisions to take administrative actions;

dd) Signs of violations against laws committed by persons having authority over enforcement of laws regarding administrative actions and handling of complaints or accusations arising from application of administrative actions;

e) Retention of documents on application of administrative actions.

3. Subject matters of the inspection of implementation of duties to manage the tasks of enforcement of laws on handling of administrative violations:

a) Direction and administration tasks; the formulation, schedule and results of implementation of plans on management of enforcement of laws on handling of administrative violations;

b) Reality of promulgation of legislative documents related to handling of administrative violations; results of general monitoring of enforcement of laws on handling of administrative violations;

c) Conduct of propagation, training, education of and provision of instructions about services;

d) Allocation of resources and other necessities with the aim of ensuring the enforcement of the laws on handling of administrative violations; the total number of persons competent to sanction administrative violations according to the titles that they hold at host authorities and units;

dd) Implementation of statistical and reporting regimes regarding handling of administrative violations;

e) Establishment and management of databases regarding handling of administrative violations and provision of information to be integrated into the national database;

g) Implementation of responsibilities of Heads of units or authorities for leading implementation and application of laws on handling of administrative violations, and other laws related to handling of administrative violations.

Article 12. Introduction of inspection plans

1. Pursuant to clause 1 of Article 5 herein, annual inspection plans must be introduced by competent persons by March 15 each year. Where necessary, persons accorded authority to introduce inspection plans may modify inspection plans.

The Minister of Justice shall elaborate on this clause.

2. Authority to introduce inspection plans:

a) The Minister of Justice and other Ministers shall be accorded authority to draw up inspection plans under their jurisdiction and those under the Prime Minister’s command as provided in clause 1 and 2 of Article 6 herein.

The Director of the Administration for Handling of Administrative Violations and Inspection of Law Enforcement under the control of the Ministry of Justice, and legal institutions affiliated to Ministries or Ministry-level agencies, shall be responsible for assisting Ministers and Heads of Ministry-level agencies in developing inspection plans;

b) Presidents of provincial-level and district-level People’s Committees shall be responsible for drawing up inspection plans within their remit.

Directors of Departments of Justice and Heads of Subdepartments of Justice shall be responsible for assisting Presidents of provincial-level and district-level People's Committees in formulating inspection plans;

c) Heads of agencies and units supervising persons having competence in sanctioning administrative violations shall be accorded authority to formulate inspection plans within their remit and management.

Legal institutions or organizations having equivalent functions and tasks under the control of agencies and units supervising persons having competence in sanctioning administrative violations shall be authorized to assist the heads of agencies and units supervising persons having competence in sanctioning administrative violations in formulation of inspection plans.

3. An inspection plan shall be constituted by the following basic components:

a) Bases for launching the inspection plan;

b) Inspectee;

c) Inspection venue;

d) Inspection subject matters;

dd) Proposed inspection time;

e) Inspection budget;

g) Implementation.

4. Inspection plans must be sent to the inspectees immediately after being launched.

Article 13. Issuance of inspection decisions

1. Based on inspection plans and on the grounds for carrying out the inspection as prescribed in Article 5 herein, the Administration for Handling of Administrative Violations and Inspection of Law Enforcement, legal institutions under the control of ministries and ministerial-level agencies, Departments of Justice, Sub-Departments of Justice, legal institutions, or other organizations with equivalent functions and tasks under the control of agencies or units supervising persons having competence in sanctioning administrative violations, shall draft inspection decisions and submit them to persons having competence as defined in Article 6 herein to seek their approval of these inspection decisions.

2. An inspection decision shall be constituted by the following basic components:

a) Date of issuance of the inspection decision;

b) Bases for issuance of the inspection decision;

c) Inspectee;

d) Inspection venue;

dd) Subject matters of the inspection;

e) Inspection duration;

g) Full name and title of the inspection team leader, deputy team leader and members; powers and responsibilities of the inspection team;

h) Rights and responsibilities of the inspectee;

i) Inspection budget;

k) Full name and title of the inspection decision maker.

3. The maximum time limit for inspection specified at point e of clause 2 of this Article is 7 working days; where necessary, the person having competence in carrying out the inspection may grant an extension of the time limit to not more than 7 working days.

The Minister of Justice shall set out detailed regulations on this clause.

4. The inspection decision must be sent to the inspectee at least 30 days before conducting the inspection.

In case of an unexpected inspection required, the inspection decision must be sent to the inspectee right after the decision is issued, or must be delivered directly to the inspectee right after carrying out inspection activities.

Article 14. Conduct of the inspection

1. The inspection team shall examine documentation and, where necessary, may carry out the physical inspection, and the verification of information and documents, or results of enforcement of law on handling of administrative violations, before drawing conclusions about inspection subject matters.

2. During the inspection process, the leader of the inspection team or the team’s authorized representative shall make a written inspection record to certify the collection and provision of information and documents related to the inspection subject matters, and shall give their confirmatory signature through that inspection record immediately after the inspection is completed.

The inspection record must contain the following basic information:

a) Record-making date;

b) Full name and title of the inspection team leader;

c) Full name of the individual inspectee; full name and title of the representative for the institutional inspectee;

d) Inspection subject matters;

dd) Information and documents already collected and provided;

e) Opinions from the inspectee and other related entities or units;

g) Comments and remarks of the inspection team;

h) Signatures of the inspection team leader or the person authorized to make the inspection record and the individual inspectee or the representative of the institutional inspectee. In case the inspection record has multiple pages, including appendices and lists attached thereto, all of these signatures must be affixed to each page of that inspection record, enclosed annexes and lists, or all pages must bear an overlapping stamp.

Article 15. Post-inspection conclusion

1. Within 15 days after ending inspection activities, the inspection team shall draft their inspection conclusions and send them to the inspectee to get their comments on the contents of the draft inspection conclusions.

2. Within 05 working days after receipt of the draft inspection conclusions, the inspectee shall send their written opinions on the contents of the draft inspection conclusions to the inspection team.

3. Within 05 working days of receipt of the inspectee’s written opinions regarding the contents of the draft inspection conclusions, or 03 working days from the expiry of the deadline specified in clause 2 of this Article, unless the inspectee’s written opinions on the contents of the draft inspection conclusions are received, the inspection team leader shall seek the competent person’s approval of release of these inspection conclusions.

The inspection team leader can certify the release of the inspection conclusions if he/she is authorized by the competent person.

4. The inspection conclusions shall be sent to the inspectee and relevant agencies, organizations and individuals right after being released so that the comments stated in these inspection conclusions can be actualized and publicized according to the provisions of law in force.

The Minister of Justice shall provide detailed regulations on this clause.

5. The inspection conclusion must contain the following basic information:  Achieved results; issues, restrictions and causes thereof; clear identification of violations, defects, nature, severity and causes thereof and responsibilities of agencies, organizations and individuals at fault; recommended actions against violations, consideration and handling of liabilities of agencies, organizations and individuals at fault; time limits for notification of results of implementation of the inspection conclusions.

6. In case of detecting legal documents on handling of administrative violations or other relevant legal documents containing illegal information or information that are not consistent with higher legal documents; information that shows conflict, overlapping, or is not feasible, or is no longer suitable to the socio-economic situation, then in their inspection conclusions, the body having competence in carrying out the inspection shall request the authorities issuing these documents to check, revise and deal with them in accordance with the Government's Decree No. 34/2016/ND-CP dated May 14, 2016, elaborating on a number of articles and measures regarding enforcement of the Law on Promulgation of Legal Instruments.

Article 16. Rights and responsibilities of the inspectee

1. Inspectee’s rights:

a) Receive written notifications of inspection plans or decisions;

b) Submit any recommendation or explanation about inspection conclusions;

c) File any complaint against inspection conclusions and any administrative violations of persons having competence in inspection and imposition of disciplinary actions against violations arising from enforcement of laws on handling of administrative violations in accordance with laws on complaint;

d) File any accusation of violations against law arising from inspection and imposition of disciplinary actions against violations arising from enforcement of laws on handling of administrative violations in accordance with laws on denunciation or accusations;

dd) Refuse any request for provision of information and documents not related to the inspection.

2. Inspectee’s responsibilities:

a) Cooperate with and support the inspection team in performing their inspection tasks;

b) Strictly implement the communication and reporting regime at the request of the inspection team; report on and provide information and documents in a truthful and timely manner; take responsibility before the law for the contents of provided reports, information and documents; give explanations about issues arising from the inspection;

c) Comply with inspection conclusions; handle inspection results upon the inspection team’s recommendations given in inspection conclusions;

d) Bear liability for failure to comply with, or incorrect implementation of, inspection conclusions. 

Chapter III

IMPLEMENTATION OF INSPECTION CONCLUSIONS; MONITORING, ACCELERATION AND INSPECTION OF IMPLEMENTATION OF INSPECTION CONCLUSIONS

Article 17. Implementation of inspection conclusions

1. Within 30 days of receipt of inspection conclusions, the inspectee, related entity, organization and person shall assume the following responsibilities:

a) Implement recommendations stated in the inspection conclusions in a full and timely manner;

b) In case inspection conclusions contain a lot of matters related to the responsibilities of different agencies, organizations and individuals, the inspectee must make a plan to implement inspection conclusions.

The plan for implementation of inspection conclusions must clearly identify the purposes, requirements, roadmap, time and methods of implementation of inspection conclusions, and must clearly assign responsibilities to each entity or person.

The plan for implementation of inspection conclusions must be sent to the persons competent to issue inspection conclusions and agencies, organizations and individuals related to the implementation of the plan.

2. Heads of institutional inspectees, heads of agencies and organizations concerned shall have the following responsibilities:

a) Promptly direct and assign agencies, organizations, units and individuals to fully implement those specified in clause 1 of this Article;

b) Direct units or individuals under their management to speed up carrying out inspection conclusions;

c) Provide necessary conditions and implement measures within their competence so that the units and individuals under their management strictly, fully and promptly carry out inspection conclusions;

d) Carry out inspections and propose inspections over agencies, organizations and individuals under their management according to inspection conclusions;

dd) Impose actions against agencies, organizations and individuals under their management who commit violations arising from the implementation of inspection conclusions.

Article 18. Reporting of implementation of inspection conclusions

1. The inspectee shall be responsible for reporting on the implementation of inspection conclusions by the time limit stated in the inspection conclusions, or upon receiving requests from the persons competent to issue inspection conclusions.

2. Contents of a report on the implementation of inspection conclusions shall include the followings:

a) Provision of directions for implementation of inspection conclusions;

b) Progress and results of implementation of inspection conclusions, and those that are completely carried out and have not yet been carried out completely;

c) Problems and issues; causes of difficulties and problems arising in the process of carrying out inspection conclusions, recommendations and proposals;

d) Any violation against law and handling of violations against law of entities or persons involved in implementation of inspection conclusions.

Article 19. Authority to monitor, push for and inspect the implementation of inspection conclusions

Persons competent to issue inspection conclusions shall direct the monitoring, speeding up and examination of inspectees for their implementation of inspection conclusions according to the processes and procedures specified in Articles 20 and 21 herein.

Article 20. Monitoring and pushing for the implementation of inspection conclusions

1. Monitoring activities shall be performed by making requests to inspectees to report on the situation of implementation of inspection conclusions and provide documentary evidence. Persons competent to issue inspection conclusions shall authorize persons to directly monitor, make discussions and work with inspectees in order to collect information about the implementation of inspection conclusions under clause 2 of this Article.

2. Processes and procedures for monitoring the implementation of inspection conclusions:

a) Within 45 days from the date of issuance of inspection conclusions, authorized monitors shall be responsible for submitting reports on results of monitoring of the implementation of inspection conclusions to persons having competence in issuing inspection conclusions;

b) Within 03 days of receipt of reports on results of monitoring of the implementation of inspection conclusions, persons having competence in issuing inspection conclusions shall consult monitoring results to decide to terminate such monitoring and storing monitoring documents according to current regulations if inspection conclusions have been completely carried out, or decide to push for implementation of inspection conclusions according to the provisions of clause 3 and 4 of this Article if inspection conclusions are not completely carried out yet;

c) The results and processing of results of monitoring of the implementation of inspection conclusions shall be informed to inspectees, and shall be made known to the public according to the provisions of law.

The Minister of Justice shall provide detailed regulations on this paragraph.

3. The implementation of inspection conclusions shall be pushed for by sending written documents on pushing for implementation of inspection conclusions, or working directly with inspectees. Processes and procedures for pushing for the implementation of inspection conclusions shall be subject to clause 4 of this Article.

4. Processes and procedures for pushing for the implementation of inspection conclusions:

a) Within the maximum duration of 5 working days from the date of being assigned to push for implementation of inspection conclusions, persons assigned to do so shall be responsible for recommending persons having competence in issuing inspection conclusions to send written pushing documents to inspectees;

b) Within the maximum duration of 30 working days from the date of being assigned to push for implementation of inspection conclusions, persons assigned to do so shall be responsible for reporting to persons having competence in issuing inspection conclusions on pushing-for results;

c) Within the maximum duration of 03 working days of receipt of reports on results of pushing for implementation of inspection conclusions, persons having competence in issuing inspection conclusions shall consult results of pushing for implementation of inspection conclusions to decide to: Terminate the task of pushing for implementation of inspection conclusions and store documents on pushing for implementation of inspection conclusions in accordance with existing regulations if the implementation of inspection conclusions has been completed, or to proceed to carry out inspection of implementation of inspection conclusions under Article 21 herein if he implementation of inspection conclusions has not yet been completed;

d) The results and processing of results of pushing for the implementation of inspection conclusions shall be informed to inspectees, and shall be made known to the public according to the provisions of law.

Article 21. Inspection of the implementation of inspection conclusions

1. Persons having competence in issuing inspection conclusions may issue decisions on inspection of implementation of inspection conclusions on one of the following grounds:

a) Upon the expiry of the time limit for implementation of inspection conclusions, inspectees fail to finish such implementation and fail to send reports on the results of implementation of the inspection conclusions or fail to apply for extension of the implementation (if any);

b) Inspectees fail to carry out responsibilities to report on results of implementation of inspection conclusions in accordance with laws;

c) During the process of monitoring and pushing for implementation of inspection conclusions, inspectees are found to be suspected of  dispersing and hiding money, material evidences and means of commission of administrative violations, destroying documents, showing non-cooperative attitude, obstruction or committing other violations against law.

2. The inspection shall be carried out upon receipt of inspection decisions from persons having competence in issuing inspection conclusions. Inspection decisions must clarify bases for issuance of decisions; inspectees, subject matters, scope and time limits for inspection; persons assigned the inspection tasks. An inspection decision must be sent to the person assigned the inspection task and the inspectee within 03 working days from the signature date. Persons assigned the inspection tasks must proceed to carry out inspection within the maximum duration of 15 days from the date of signature shown in the inspection decision.

3. The maximum time limit for inspection of the implementation of inspection conclusions shall be 05 working days from the date of commencement of inspection. If a complicated or broad-range inspection is required, the maximum time limit for inspection of the implementation of inspection conclusions shall be 15 working days from the date of commencement of inspection.

4. Within the maximum duration of 03 days after completion of inspection, persons authorized to carry out inspection shall be responsible for submitting reports on results of inspection to persons having competence in issuing inspection conclusions. The report shall contain the followings: Evaluation of inspection situations and results; conclusions regarding subject matters of the inspection; recommended measures to handle violations against law and other matters related to guarantee for the implementation of inspection conclusions.

5. Based on inspection results, persons having competence in issuing inspection conclusions shall assume the following responsibilities:

a) Request Heads of authorities having direct authority over inspectees to apply actions under their jurisdiction to compel inspectees to finish the implementation of inspection conclusions;

b) Apply, within their jurisdiction, or request competent authorities to take actions prescribed in law;

c) Refer cases or matters to investigation commissions having competence to consider initiating investigative processes in case of detecting any sign of criminal related to the implementation of inspection conclusions.

6. Within the maximum duration of 10 working days from the date of the completed processing of inspection results, notifications of results and processing of results of inspection of implementation of inspection conclusions  must be sent to inspectees, and shall be made known to the public according to the provisions of law.

Chapter IV

IMPOSITION OF DISCIPLINARY SANCTIONS FOR VIOLATIONS AGAINST LAWS ON HANDLING OF ADMINISTRATIVE VIOLATIONS

Article 22. Acts of violation arising from enforcement of laws on handling of administrative violations

1. Retaining violation cases suspected to have criminal signs so that they must be subject to administrative sanctions.

2. Abusing positions and powers to harass, demand or receive money or property of violators; tolerating violators, screening them from administrative sanctions and constraining them from exercising their rights when imposing administrative sanctions.

3. Failing to sanction administrative violations; failing to apply remedial or mitigative measures or apply administrative sanctions to violators in accordance with law.

4. Sanctioning administrative violations, applying remedial measures or applying administrative sanctions in an untimely, loose or ultra vires manner, or not according to procedures, or not to correct violators, as legally prescribed.

5. Applying sanctioning forms, rates, and remedial measures improperly and incompletely with respect to administrative violations.

6. Making unlawful intervention in the handling of administrative violations.

7. Extending the duration of application of administrative actions.

8. Using administrative fines, interest on late execution of fines, gains from sale or liquidation of confiscated material evidences, means of administrative violations and other amounts collected from sanctioning of administrative violations in contravention of the law on state budget.

9. Forging and falsifying records of administrative violations or documents stating application of administrative sanctions.

10. Providing inaccurate and untruthful information or documents related to the subject matters of the inspection.

11. Illegally intervening in inspection activities, taking advantage of their influence upon persons tasked with carrying out inspection.

12. Opposing and obstructing persons performing inspection tasks, threatening or intimidating persons providing information and documents to inspection authorities or inspection teams, and causing trouble to inspection activities.

13. Revealing information and documents about inspection conclusions even when none of official conclusions are drawn.

14. Failing to carry out inspection conclusions.

15. Insufficiently and inaccurately carrying out inspection conclusions.

16. Failing to monitor, urge and inspect the compliance of sanctioned persons or entities to sanctioning decisions; the implementation of remedial measures by persons and entities.

17. Issuing, on an ultra vires basis, documents on administrative violations; on sanctioning competence, procedures, forms and remedial measures for respective acts of administrative violation arising from state management activities, and administrative actions.  

18. Showing lack of responsibility for directing the implementation of inspection conclusions.

19. Failing to settle or promptly settle complaints and denunciations arising from handling of administrative violations.

Article 23. Imposition of disciplinary sanctions upon public officials, civil servants and public employees committing violations arising from enforcement of laws on handling of administrative violations

1. Public officials, civil servants and public employees committing violations arising from enforcement of laws on handling of administrative violations may be subject to disciplinary sanctions prescribed in Article 24, 25, 26, 27, 28 and 29 herein, depending on nature and seriousness of their violations.

2. Principles, competence, processes, procedures and other contents related to the imposition of disciplinary actions upon public officials and civil servants committing violations arising from the enforcement of laws on handling of administrative violations shall be subject to laws on disciplinary actions against civil servants and public employees.

3. Acquiring, correcting and proactively relieving consequences by violating public officials, civil servants and public employees constitute aggravating or mitigating circumstances when applying disciplinary actions.

The consideration of decisions, aggravation or mitigation with respect to the imposition of disciplinary measures shall also be applied in case where acts of violations are committed due to objective circumstances or through faults of administrative violators.

4. Determination of authority over, processes, procedures for imposition of disciplinary actions against public officials committing violations arising from the enforcement of laws on handling of administrative violations shall be subject to laws.

Article 24. Reprimand

1. Disciplinary sanctions in the form of reprimand shall be imposed upon public officials or civil servants committing one of the violations arising from the enforcement of laws on handling of administrative violations, including:

a) Sanctioning administrative violations, applying remedial measures or applying administrative sanctions in an untimely, loose or ultra vires manner, or not according to procedures, or not to correct violators, as legally prescribed;

b) Failing to monitor, urge and inspect the compliance of sanctioned persons or entities to sanctioning decisions; the implementation of remedial measures by persons and entities;

c) Revealing information and documents about inspection conclusions even when none of official conclusions are drawn;

d) Insufficiently and inaccurately carrying out inspection conclusions;

2. Disciplinary sanctions in the form of reprimand shall be imposed upon public employees committing one of the violations arising from the enforcement of laws on handling of administrative violations, including:

a) Revealing information and documents about inspection conclusions even when none of official conclusions are drawn;

b) Insufficiently and inaccurately carrying out inspection conclusions;

c) Failing to settle or promptly settle complaints and denunciations arising from handling of administrative violations.

Article 25. Warning

1. Disciplinary sanctions in the form of warning shall be imposed upon public officials committing one of the violations arising from the enforcement of laws on handling of administrative violations, including:

a) Failing to sanction administrative violations; failing to apply remedial or mitigative measures or apply administrative sanctions to violators in accordance with law;

b) Applying sanctioning forms, rates, and remedial measures improperly and incompletely with respect to administrative violations;

c) Extending the duration of application of administrative actions;

d) Making unlawful intervention in the handling of administrative violations;

dd) Illegally intervening in inspection activities, taking advantage of their influence upon persons tasked with carrying out inspection activities;

e) Providing inaccurate and untrue information or documents related to the subject matters of the inspection;

g) Showing lack of responsibility for directing the implementation of inspection conclusions.

2. Disciplinary sanctions in the form of warning shall be imposed upon civil servants committing one of the violations arising from the enforcement of laws on handling of administrative violations, including:

a) Failing to sanction administrative violations; failing to apply remedial or mitigative measures or apply administrative sanctions to violators in accordance with law;

c) Extending the duration of application of administrative actions;

d) Making unlawful intervention in the handling of administrative violations;

dd) Illegally intervening in inspection activities, taking advantage of their influence upon persons tasked with carrying out inspection activities;

e) Providing inaccurate and untrue information or documents related to the subject matters of the inspection;

g) Failing to carry out inspection conclusions.

3. Disciplinary sanctions in the form of warning shall be imposed upon public employees committing one of the violations arising from the enforcement of laws on handling of administrative violations, including:

a) Making unlawful intervention in the handling of administrative violations;

b) Illegally intervening in inspection activities, taking advantage of their influence upon persons tasked with carrying out inspection;

c) Providing inaccurate and untrue information or documents related to the subject matters of the inspection;

d) Failing to carry out inspection conclusions;

dd) Using administrative fines, interest on late execution of fines, gains from sale or liquidation of confiscated material evidences, means of administrative violations and other amounts collected from sanctioning of administrative violations in contravention of the law on state budget.

4. Disciplinary sanctions in the form of warning shall be applied to civil servants holding leadership or managerial posts, or public employees holding managerial posts that show lack of responsibility for providing directions for the implementation of inspection conclusions.

Article 26. Lowering of pay levels

Disciplinary sanctions in the form of lowering of pay levels shall be imposed upon civil servants not holding managerial or leadership posts that commit acts of using administrative fines, interest on late execution of fines, gains from sale or liquidation of confiscated material evidences, means of administrative violations and other amounts collected from sanctioning of administrative violations in contravention of the law on state budget.

Article 27. Demotion

Disciplinary sanctions in the form of demotion shall be applied to civil servants holding leadership or managerial posts that fail to carry out inspection conclusions.

Article 28. Dismissal

1. Disciplinary sanctions in the form of dismissal shall be imposed upon public officials committing one of the violations arising from the enforcement of laws on handling of administrative violations, including:

a) Retaining violation cases suspected to have criminal signs so that they must be subject to administrative sanctions;

b) Using administrative fines, interest on late execution of fines, gains from sale or liquidation of confiscated material evidences, means of administrative violations and other amounts collected from sanctioning of administrative violations in contravention of the law on state budget;

c) Forging and falsifying records of administrative violations or documents stating application of administrative sanctions;

d) Opposing and obstructing persons performing inspection tasks, threatening or intimidating persons providing information and documents to inspection authorities or inspection teams, and causing trouble to inspection activities;

dd) Issuing, on an ultra vires basis, documents on administrative violations; on sanctioning competence, procedures, forms and remedial measures for respective acts of administrative violation arising from state management activities, and administrative actions; 

e) Failing to carry out inspection conclusions;

g) Abusing positions and powers to harass, demand or receive money or property of violators; tolerating violators, screening them from administrative sanctions and constraining them from exercising their rights when imposing administrative sanctions.

2. Disciplinary sanctions in the form of dismissal shall be imposed on civil servants holding managerial or leadership posts that commit an act of issuing, on an ultra vires basis, documents on administrative violations; on sanctioning competence, procedures, forms and remedial measures for respective acts of administrative violation arising from state management activities, and administrative actions.

3. Disciplinary sanctions in the form of dismissal shall be imposed upon public employees committing one of the violations arising from the enforcement of laws on handling of administrative violations, including:

a) Issuing, on an ultra vires basis, documents on administrative violations; on sanctioning competence, procedures, forms and remedial measures for respective acts of administrative violation arising from state management activities, and administrative actions; 

b) Failing to carry out inspection conclusions.

Article 29. Forced resignation

Disciplinary sanctions in the form of forced resignation shall be imposed upon civil servants and public employees committing one of the violations arising from the enforcement of laws on handling of administrative violations, including:

1. Retaining violation cases suspected to have criminal signs so that they must be subject to administrative sanctions;

2. Forging and falsifying records of administrative violations or documents stating application of administrative sanctions;

3. Opposing and obstructing persons performing inspection tasks, threatening or intimidating persons providing information and documents to inspection authorities or inspection teams, and causing trouble to inspection activities;

4. Abusing positions and powers to harass, demand or receive money or property of violators; tolerating violators, screening them from administrative sanctions and constraining them from exercising their rights when imposing administrative sanctions.

Chapter V

IMPLEMENTATION PROVISIONS

Article 30. Entry into force

1. This Decree takes effect from March 31, 2020. Notwithstanding this, provisions on disciplinary actions or sanctions for violations arising from the enforcement of the law on handling of administrative violations in Article 22, 23, 24, 25, 26, 27, 28 and 29 of this Decree come into force from July 1, 2020.

2. This Decree shall repeal Article 21 in the Government’s Decree No. 81/2013/ND-CP dated July 19, 2013, detailing a number of articles and measures for implementation of the Law on Handling of Administrative Violations (amended and supplemented under the Government’s Decree No. 97/2017/ND-CP dated August 18, 2017, amending and supplementing a number of articles of the Government's Decree No. 81/2013/ND-CP dated July 19, 2013, detailing a number of articles and measures for implementation of the Law on Handling of Administrative Violations).

3. Administrative actions or sanctions imposed upon persons having competence in sanctioning and making records of administrative violations in the People's Army, the People's Police and people doing ciphering work on the basis of requirements and proposals included in inspection conclusions shall be subject to relevant laws while administrative actions or sanctions imposed upon those in Military authorities or units who are not officers, professional military servicemen, non-commissioned officers, soldiers, defense workers or national defense public employees; people in Public Security authorities or units that are not officers, non-commissioned officers, conscripts, police workers; people in ciphering organizations who do not do ciphering activities shall be subject to the provisions of this Decree.

Article 31. Implementation responsibilities

1. The Minister of Justice shall be responsible for detailing and providing instructions for implementation of articles, clauses and points under the authorization given herein.

2. Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, Presidents of People’s Committees of provinces and centrally-affiliated cities, and other entities or persons involved, shall be responsible for enforcing this Decree./.

 

PP. GOVERNMENT PRIME MINISTER Nguyen Xuan Phuc