Temporary Suspension of Activities Subject to Explanation in Administrative Violations Penalty?

A temporarily suspended organization due to an administrative violation. Do they have the right to provide an explanation to the competent authority?

Based on Clause 1 Article 61 of the Law on Handling Administrative Violations 2012, it is stipulated regarding explanations as follows:

For administrative violations that are subject to the form of penalty of revocation of license, practicing certificate for a definite period, suspension of operation for a definite period, or the application of a maximum fine of the penalty frame for that act of VND 15,000,000 or more for individuals, VND 30,000,000 or more for organizations, the violating individual or organization has the right to explain directly or in writing to the person competent to sanction administrative violations.

The person competent to sanction has the responsibility to consider the explanation of the individual or the organization violating administrative regulations before issuing the sanction decision, except in cases where the individual or organization does not request an explanation within the time limit stipulated in Clauses 2 and 3 of this Article.

Thus, for the case where an organization commits an administrative violation that is subject to the form of sanction of suspension of operation for a definite period, the organization has the right to explain directly or in writing to the person competent to sanction administrative violations.

Respectfully!

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