Delivery of an Administrative Penalty Decision Considered Served when Refusal to Accept?

When the decision on administrative penalty is directly delivered but the recipient deliberately evades it, is it considered as duly delivered?

Based on Article 70 of the Law on Handling Administrative Violations 2012, which stipulates the delivery of administrative penalty decisions for enforcement, as follows:

Within a time limit of 02 working days from the date of issuance of the administrative penalty decision with a written record, the competent person who issued the penalty decision must send it to the individual or organization being penalized, the fine collection agency, and other relevant agencies (if any) for enforcement.

The administrative penalty decision is delivered directly or sent via postal service using a guaranteed method, and notice is given to the individual or organization being penalized.

In cases where the decision is delivered directly but the violating individual or organization deliberately refuses to accept the decision, the competent person shall record the incident of refusal to accept the decision with the confirmation of the local authority, and it is considered that the decision has been delivered.

Thus, when directly delivering the administrative penalty decision but the recipient deliberately evades and refuses to accept it, the competent person shall record the incident of refusal to accept the decision with the confirmation of the local authority, and it is simultaneously considered that the decision has been delivered.

Respectfully!

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