Vietnam: 04 things you should know about administrative sanctions

Vietnam: 04 things you should know about administrative sanctions (Source: Internet)

1. What are administrative sanctions?

According to Clause 2, Article 2 of the Law on Handling of Administrative Violations 2012, the administrative sanctions includes application of sanction forms, remedial measures with respect to individuals, organizations committing acts of administrative violations according to provisions of law on administrative sanctions which are implemented by the competent persons.

2. Subjects handled for administrative violations in Vietnam

Subjects handled for administrative violations according to Article 5 of the Law on Handling of Administrative Violations 2012 are as follows:

-  Persons aged between full 14 and fewer than 16 shall be administratively sanctioned for intentional administrative violations; persons aged full 16 or older shall be administratively sanctioned for all administrative violations.

Persons of the people’s army, people’s police force, who commit administrative violations, shall be handled like other citizens;

In cases where it is necessary to apply the sanctioning form of stripping off the right to use licenses, practice certificates or terminable suspension of operations related to defense and security, the sanctioning persons propose the competent agencies, people’s army, people’s police for handle;

- Organizations shall be administratively sanctioned for all administrative violations they have committed.

- Foreign individuals and organizations that commit administrative violations within the territory, the territorial waters adjacent areas, the exclusive economic zone and continental shelf of the Socialist Republic of Vietnam;

In aircrafts with Vietnamese nationality, vessels flagged with Vietnamese nationality shall be administratively sanctioned according to the provisions of Vietnamese laws, except otherwise provided for by international treaties of which the Socialist Republic of Vietnam is member.

- Subjects liable to the application of administrative handling measures are individuals defined in Articles 90, 92, 94 and 96 of the Law on Handling of Administrative Violations 2012 (amended 2020), including:

+ Subjects of application of measure of education at communes, wards, district towns;

+ Subjects of application of measure sending to reformatories;

+ Subjects of application of measure sending to compulsory education establishments;

+ Subjects of application of measure sending to compulsory detoxification establishments.

Administrative handling measures do not apply to foreigners.

3. Statute of limitations for sanctioning administrative violations

The statute of limitations for sanctioning administrative violations under Clause 1, Article 6 of the Law on Handling of Administrative Violations 2012 (amended 2020) is as follows:

(1) The limitation period for imposition of an administrative penalty shall be 01 year, except in the following cases shall be 02 years:

- Administrative violations on accounting; invoices; fees and charges;

- Administrative violations on insurance business; price management; securities; intellectual property;

- Administrative violations on construction; fishery; forestry;

- Administrative violations on investigation, planning, exploration, extraction and use of water resources;

- Administrative violations on oil and gas and other mining activities; environmental protection;

- Administrative violations on atomic energy;

- Administrative violations on management and development of houses and offices; land; levees;

- Administrative violations on press; publishing;

- Administrative violations on commodity production, export, import and trading; manufacturing and trading of banned and counterfeit goods;

- Administrative violations on foreign worker management.

Tax administrative violations, the statute of limitations for sanctioning administrative violations according to the provisions of the law on tax administration;

(2)  The time to calculate the statute of limitations for administrative sanctions regulated at item (1) shall be regulated as follows:

For administrative violations have ended, the statute of limitations shall be from the termination of violations.

For administrative violations being done, the statute of limitations shall be from the time of detecting violations;

(3) In the case of administrative sanctions for individuals transferred by proceeding agencies, the statute of limitations shall be applicable according to the provisions of item (1) and (2). The period when proceeding agencies handle, consider the case shall be included in the statute of limitations for administrative sanctions.

(4) Within the period specified in item (1) and (2), individuals, organizations deliberately evade or obstruct the sanctioning, the statute of limitations for administrative sanctions shall be re-calculated from the time terminating the acts of evading or obstructing the sanctioning.

4. Time limit for being considered not yet handled for administrative violations

The time limit to be considered as having not been handled for administrative violations is specified in Article 7 of the Law on Handling of Administrative Violations 2012 as follows:

- 06 months as from the date of completely serving the sanctioning-with-warning decisions, or 01 year as from the date of completely serving the other sanctioning decisions or the date of expiry of the statute of limitations for executing the sanctioning decisions,

If the individuals and organizations sanctioned for administrative violations do not repeat their violations, they shall be considered not yet being administratively sanctioned.

- Two years as from the date of completely serving the decisions on application of administrative handling measures or 01 year as from the date of expiry of the statute of limitations for executing the decisions on application of administrative handling measures,

If the individuals subject to the application of other administrative handling measures do not repeat acts, they shall be considered not yet subject to the application of administrative handling measures.

Quoc Dat

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