Can decision sanctioning administrative violation be postponed in Vietnam?

Can decision sanctioning administrative violation be postponed in Vietnam?

Pursuant to Article 76 of the 2012 Law on Handling administrative violations, there are provisions on postponing execution of decisions on fines as follows:

1. A decision on fines may be postponed for execution in case individual fined from 3,000,000 dong or more meeting special, unexpected economic difficulties due to disasters, fires, epidemics, dangerous diseases, accidents and certified by communal People’s Committees where that person resideor by agency or organization where that person studying, working.

2. The individual must have application for postponing decision sanctioning administrative violation and send it to agency of person having issued sanctioning decision. Within 05 days, as from the day of receiving application, the person who has issued sanctioning decision shall consider to decide postponing execution of that sanctioning decision.

Time limit postponing execution of sanctioning decision not exceeding 03 months, as from the day of postponing decision.

3. The individual being postponed execution of sanctioning decision may receive documents, material evidences and/or means used to commit administrative violations which have been impounded as prescribed in clause 6 Article 125 of this Law.

Thus, you are only allowed to postpone execution of sanctioning decision if it is confirmed by the communal People’s Committees that you are facing difficulties in Vietnam.

What is statute of limitations for executing decisions sanctioning administrative violations in Vietnam?

Pursuant to Article 74 of the 2012 Law on Handling administrative violations, statute of limitations for executing decisions sanctioning administrative violations is as follows:

1. Statute of limitations for executing decisions sanctioning administrative violations is 01 year, as from the day of issuing decision, past this time limit, not executing such decisions, unless the sanctioning decisions have forms of sanctions such as confiscating material evidences and/or means used to commit administrative violations, applying remedial measures, in cases, must confiscate material evidences and/or means prohibited for cisculation, apply remedial measures in necessary cases in order to protect environment, ensure on construction, traffic, and order security, social safety.

2. If sanctioned individuals or organizations deliberately evade, postpone, the above-mentioned statute of limitations shall be calculated from time stopping actions of evading, postponing.

According to this Article, statute of limitations for executing decisions sanctioning administrative violations in Vietnam is 1 year from the date of issuance of the decision in Vietnam.

Best Regards!