What are administrative penalties for minors in Vietnam?

1. Administrative penalties for minors in Vietnam

In Article 25 of Decree 118/2021/ND-CP, there are provisions on administrative penalties for minors as follows:

1. When enforcing administrative penalties on minors, in case their exact ages cannot be determined to apply sanctioning forms, persons with power to impose penalties shall choose to apply sanctioning forms in favour of violating minors.

2. Before deciding to impose warnings against minors committing administrative violations, persons with power to impose penalties must consider conditions for applying reminder measures as prescribed in Article 139 of the Law on Handling of Administrative Violations and Article 26 of this Decree. Decisions to impose warnings on minors only made when conditions for applying reminder measures are not satisfied.

2. Reminder measures on handling of administrative violations in Vietnam

In Article 26 of Decree 118/2021/ND-CP, there are provisions on reminder measures on handling of administrative violations as follows:

1. Reminder measures refer to measures of education which are applied in substitution of warnings against minors who commit administrative violations so that minors can be aware of their violations.

2. Entities and requirements for applying reminder measures:

a) Minors aged from 14 to under 16 who are imposed on administrative penalties when they voluntarily declare, admit and sincerely apologize for their violations;

b) Minors aged from 16 to under 18 who are imposed on administrative penalties when their administrative violations are prescribed as warnings and they voluntarily declare, admit and sincerely apologize for their violations.

3. Persons with power to impose penalties shall consider and decide to apply reminder measures based on requirements specified in clause 2 of this Article. The reminder shall be given in word, on the spot of violation and shall not be recorded in writing.

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