Principles of Administrative Penalty for Violations under New Regulations

Based on Clause 1, Article 3 of the Law on Handling Administrative Violations 2012 and Clause 2, Article 1 of the amended Law on Handling Administrative Violations 2020 (effective from January 1, 2022), the principles for sanctioning administrative violations are stipulated as follows:

- All administrative violations must be promptly detected and prevented and strictly handled, and all consequences caused by administrative violations must be remedied in accordance with the law;

- The handling of administrative violations shall be conducted promptly, publicly, objectively, within the correct jurisdiction, ensuring fairness and in accordance with the law;

- The administration penalty for administrative violations must be based on the nature, extent, and consequences of the violation, the violating subject, as well as mitigating and aggravating circumstances;

- Administrative penalties shall be imposed only if the law provides for the behavior constituting an administrative violation.

An administrative violation shall only be penalized once.

If multiple persons together commit an administrative violation, each violator shall be penalized for that administrative violation.

A person who commits multiple administrative violations or repeats the administrative violation shall be penalized for each act of violation, except for cases where repeated administrative violations are prescribed by the Government of Vietnam as aggravating circumstances;

- The authority who imposes the penalties has a responsibility to prove the administrative violations. Individuals or organizations subjected to the penalties have the right to self-defense or to prove their innocence through a legal representative;

- For the same administrative violation, the fine imposed on organizations shall be twice the amount of the fine imposed on individuals.

Best regards!