How are officers disciplined for extending the duration of administrative measures?

Recently, I was caught using drugs and was subjected to an educational measure in the commune for a duration of 06 months. However, despite the 06 months having passed, the management official has requested that I undertake this measure for an additional 02 months without providing a reason. Is this person's action lawful? How will this person's action be sanctioned according to the new regulations? Thank you!

According to Article 89 of the 2012 Law on Handling Administrative Violations, the duration for applying educational measures at a commune, ward, or commune-level town (an administrative handling measure) ranges from 03 months to 06 months. The act of an administrative officer requesting to extend this measure by an additional 02 months without providing any reason is contrary to regulations.

Based on Clause 1, Article 25 of Decree 19/2020/ND-CP (Effective July 1, 2020), the disciplinary form of a warning is applied to officers who commit one of the following violations in the enforcement of laws on handling administrative violations:

- Failing to impose administrative penalties, failing to apply remedial measures, or failing to apply administrative handling measures to violators as prescribed by law;

- Incorrectly or incompletely applying forms of penalties, penalty levels, and remedial measures to acts of administrative violations;

- Extending the duration of applying administrative handling measures;

- Illegally interfering in the handling of administrative violations;

- Illegally interfering in inspection activities, exploiting their influence to impact those performing inspection duties;

- Providing inaccurate or dishonest information and documents related to the inspection content;

- Neglecting responsibilities in directing the implementation of inspection conclusions.

=> Thus, the officer's act of extending the duration of applying administrative handling measures has violated the regulations and will be subject to disciplinary measures in the form of a warning.

The above is the support content!

Respectfully!

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