In case of administrative violations not falling under the sanctioning competence of the record makers, how long does it take to transfer record of administrative violation to persons having sanctioning authority in Vietnam?

In case of administrative violations not falling under the sanctioning competence of the record makers, how long does it take to transfer record of administrative violation to persons having sanctioning authority in Vietnam?

In Article 58 of the Law on Handling of Administrative Violations 2012, amended by Clause 29, Article 1 of the Law on Handling of Administrative Violations, Amended 2020 regulates making records of administrative violations as follows:

5. Completed administrative violation records must be issued to violating individuals or organizations, each of them receive 01 copy; In case of administrative violations not falling under the sanctioning competence of the record makers, the records and other related documents must be transferred to persons having sanctioning authority within 24 hours from the date of making such records, except for cases where administrative violation records are made aboard airplanes, ships or trains.

Thus, in case you make a record but it is not under your sanctioning competence, within 24 hours from the time you make the record, you are responsible for transferring it to the person having sanctioning authority in accordance with the provisions of law in Vietnam.

In case of administrative violations not falling under the sanctioning competence of the record makers, how long does it take to transfer record of administrative violation to persons having sanctioning authority in Vietnam? (Image from the Internet)

When is it not necessary to make a record of administrative sanctions in Vietnam?

Article 56 of the Law on Handling of Administrative Violations 2012 stipulates administrative sanction without record taking as follows:

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.

2. Decisions of administrative sanctions on the spot must be written clearly the information of date of decisions; full name, address of violators or name, address of violating organizations; acts of violations; venues of violations; evidences and details related to the violation settlement; full name, position of persons who make sanctioning decisions; articles, clauses of applicable legal documents. In case of fines, there must be the fine levels in the decisions.

According to the above regulations in Vietnam, in case of warning or fine of up to 250,000 VND for individuals, 500,000 VND for organizations, the person having sanctioning authority must issue a decision to sanction administrative violations on the spot. There is no need to make a record of administrative sanctions.

What are cases without decisions on administrative sanctions in Vietnam? 

In Article 65 of the Law on Handling of Administrative Violations 2012, amended by Clause 33, Article 1 of the Law on Handling of Administrative Violations, Amended 2020 stipulates cases where decisions on sanctioning administrative violations are not issued as follows:

1. There are no decisions on sanctioning administrative violations in the following cases:

a) Cases specified in Article 11 of this Law;

b) Failing to identify the objects of administrative violations;

c) The statute of limitations for sanctioning administrative violations specified in Article 6 is over or the expiration of the sanctioning decisions specified in Clause 3 of Article 63 or Clause 1 of Article 66 of this Law;

d) Individuals committing administrative violations are dead, missing, violating organizations are in the situation of dissolution, bankruptcy in period of considering for making the sanctioning decisions;

e) Transfer dossiers of violation cases with criminal signs as prescribed in Article 62 of this Law.

2. As for administrative violations specified at points a, b, c and d of clause 1 of this Article, though competent persons do not issue administrative sanction decisions, they have to issue decisions to confiscate material evidence and means used for commission of administrative violations in the event that such material evidence and/or means used for commission of administrative violations are classified as those banned from storage or circulation, or those subject to a penalty imposed in a form of confiscation and remedial or relief measures prescribed by laws.

Each decision must clearly state the reasons for not issuing sanction decisions; exhibits and means used for commission of administrative violations which are confiscated; remedial or relief measures to be applied, responsibilities and duration of implementation of such measures.

Confiscation or forfeiture of exhibits and means used for commission of administrative violations, and implementation of remedial or relief measures, shall not be deemed as being subject to administrative sanctions.

Above are the provisions of law on cases where decisions on administrative sanctions are not issued in Vietnam.

Best Regards!