Transfer of Violation Dossier for Administrative Penalty According to New Regulations

Based on Article 63 of the Law on Handling Administrative Violations 2012, Clause 31 Article 1 of the Amended Law on Handling Administrative Violations 2020 (effective from January 1, 2022) regarding the transfer of violation case files for administrative penalties as follows:

- For cases processed and resolved by the authority proceeding with criminal prosecution but subsequently having one of the following decisions: not to prosecute criminal cases, cancel the decision to prosecute criminal cases, suspend investigations, suspend cases, suspend cases against the accused, or exempt criminal responsibility according to judgment, if the act shows signs of administrative violations, the authority proceeding with criminal prosecution must transfer the mentioned decision along with the case file, evidence, means of the violation (if any), and a written request for handling administrative violations to the person authorized to penalize administrative violations within 03 working days from the date the decision takes effect.

- The administrative violation penalty is based on the violation case file transferred by the authority stipulated in Clause 1 of this Article. If it is necessary to further verify details to have a basis for making a penalty decision, the person authorized to penalize can make a record to verify the details of the administrative violation case according to the regulations in Article 59 of this Law.

- The time limit for issuing a decision to penalize administrative violations is 30 days from the date of receipt of the decisions stipulated in Clause 1 of this Article along with the violation case file. In cases requiring additional verification as stipulated in Clause 2 of this Article, the maximum time limit is no more than 45 days.

Respectfully!