Can poor households be granted a permission to adjourn the execution of sanction decisions upon administrative sanctions in Vietnam?

Can poor households be granted a permission to adjourn the execution of sanction decisions upon administrative sanctions in Vietnam?

Based on Article 76 of the Law on Handling of Administrative Violations 2012, amended by Clause 37 of Article 1 of the Law on Handling of Administrative Violations 2020, the following provisions apply:

Adjournment of execution or enforcement of sanction decisions

1. Adjournment of execution or enforcement of sanction decisions shall be required if the following conditions are fully met:

a) The violating individual is fined 2,000,000 VND or more, or the violating organization is fined 100,000,000 VND or more;

b) The violating individual is facing economic difficulties due to natural disasters, calamities, fires, epidemics, dangerous diseases or accidents; the violating organization is facing special or unexpected economic difficulties caused by natural disasters, disasters, fires or epidemics.

In case the violating individual is facing economic difficulties due to natural disaster, calamity, fire, epidemic, fatal disease or accident, the certification of the People's Committee of the commune where he/she resides or the organization where he/she is learning or working shall be required; if the violating individual faces economic difficulties due to fatal disease or accident, the certification granted by a medical establishment at the district or higher level shall be required.

In case the violating organization is facing economic difficulties due to natural disaster, catastrophe, fire or epidemic, the certification of the People's Committee of the commune, the Management Board of industrial parks, export processing zones or hi-tech zones, economic zones, or the directly supervisory tax authority or the directly superior authority shall be required.

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According to this Article, the cases eligible for adjournment of execution or enforcement of sanction decisions in Vietnam include:

- The violating individual is fined 2,000,000 VND or more, or the violating organization is fined 100,000,000 VND or more;

- The violating individual is facing economic difficulties due to natural disasters, calamities, fires, epidemics, dangerous diseases or accidents; 

- The violating organization is facing special or unexpected economic difficulties caused by natural disasters, disasters, fires or epidemics.

Therefore, the case of the poor is not eligible for adjournment of execution or enforcement of sanction decisions in Vietnam.

However, in the case of a family facing economic difficulties due to natural disasters, calamities, fires, epidemics, dangerous diseases or accidents, the adjournment of execution or enforcement of sanction decisions can still be considered in Vietnam.

Can poor households be granted a permission to adjourn the execution of sanction decisions upon administrative sanctions? (Image from the Internet)

When is the deadline for execution of decisions sanctioning administrative violation in Vietnam?

Based on Article 73 of the Law on Handling of Administrative Violations 2012, the following provisions are stipulated:

Execution of decisions sanctioning administrative violation

1. Individual or organization being sanctioned administrative violations must serve sanctioning decision within 10 days, since receiving decision sanctioning administrative violation; if decision sanctioning administrative violation indicate time limit of execution more than 10 days, may execute under that time limit.

When individual or organization being sanctioned administrative violation complain, sue with respect to decision sanctioning administrative violation, the sanctioning decision must be executed, except for case specified in clause 3 Article 15 of this Law. Complaints, lawsuits shall be settled as prescribed by law.

2. The persons competent to sanction and have issued sanctioning decisions shall monitor, examinate sanctioning decisions’ execution of sanctioned individuals or organizations and notify result of finish decisions’ execution to agencies managing the database on handling administrative violations of the Ministry of Justice and local Justice agencies.

Therefore, the deadline for execution of decision sanctioning administrative violation is within 10 days from the date of receiving decision sanctioning administrative violation in Vietnam.

In case the decision sanctioning administrative violation specifies a longer deadline for execution, the deadline for the execution of decision sanctioning administrative violation shall be implemented according to that deadline.

What are limitation periods for issuance of administrative sanction decisions in Vietnam?

Article 66 of the Law on Handling of Administrative Violations 2012, as amended by Clause 34, Article 1 of the Law on Handling of Administrative Violations 2020, provides for limitation periods for issuance of administrative sanction decisions as follows:

1. Limitation periods for issuance of administrative sanction decisions shall be regulated as follows:

a) For the cases or matters not covered by points b and c of this clause, the limitation period for issuing a sanction decision shall be 07 working days from the date of making a written record of administrative violation; For cases or matters where files thereof must be transferred to persons having sanctioning authority, the limitation period for issuing a sanction decision shall be 10 working days from the date of making a written record of administrative violation, except as prescribed in clause 3 of Article 63 of this Law;

b) As for cases and matters in which individuals or organizations request explanations or verification of relevant facts and details specified in Article 59 herein, the limitation period for issuance of a sanction decision shall be 1 month from the date of making and issuing an administrative violation record;

c) As for cases and matters covered by point b of this clause, if they are extremely serious, involve complicated facts and details, need more time to carry out further verification and collection of evidence, the limitation period for issuance of a sanction decision shall be 02 months from the date of making and issuing an administrative violation record.

2. If persons having authority to sanction administrative violations, involved individuals and organizations defer issuing sanction decisions after expiry of the limitation period through their fault, they shall be sanctioned under laws

Therefore, limitation periods for issuance of administrative sanction decisions in Vietnam are specified as follows:

Case 1: Cases where individuals or organizations request explanations or verification of related circumstances

Limitation period for issuance of administrative sanction decisions may be 01 month.

Case 2: Cases falling under Case 1 that are extremely serious, involve complicated facts and details, need more time to carry out further verification and collection of evidence

Limitation period for issuance of administrative sanction decisions is 02 months from the date of drafting the administrative violation report.

Case 3: Cases not falling under Case (1) and (2), limitation period for issuance of administrative sanction decisions is 07 working days from the date of making a written record of administrative violation;

For cases or matters where files thereof must be transferred to persons having sanctioning authority, the limitation period for issuing a sanction decision shall be 10 working days from the date of making a written record of administrative violation, except as prescribed in clause 3 of Article 63 of the Law on Handling of Administrative Violations 2012;

Best Regards!