What are cases of violators are not administratively sanctioned in Vietnam? What are aggravating circumstances regarding administrative sanctions in Vietnam?

What are cases of violators are not administratively sanctioned in Vietnam?

Pursuant to Article 11 of the Law on handling administrative violations in 2012 stipulating cases of violators are not administratively sanctioned in Vietnam:

(1) Commit acts of administrative violations in emergency circumstances;

(2) Commit acts of administrative violations due to legitimate defense;

(3) Commit acts of administrative violations due to unexpected events;

(4) Commit acts of administrative violations due to force majeure;

(5) The violators do not have administrative liability capacity; the violators commit administrative violations when are not sufficient age to be administratively sanctioned.

Pursuant to Clause 1 Article 5 of the Law on handling administrative violations in 2012 stipulating subjects handled for administrative violations in Vietnam:

- Persons aged between full 14 and fewer than 16 shall be administratively sanctioned for intentional administrative violations; persons aged full 16 or older shall be administratively sanctioned for all administrative violations.

Persons of the people’s army, people’s police force, who commit administrative violations, shall be handled like other citizens; in cases where it is necessary to apply the sanctioning form of stripping off the right to use licenses, practice certificates or terminable suspension of operations related to defense and security, the sanctioning persons propose the competent agencies, people’s army, people’s police for handle;

- Organizations shall be administratively sanctioned for all administrative violations they have committed.

- Foreign individuals and organizations that commit administrative violations within the territory, the territorial waters adjacent areas, the exclusive economic zone and continental shelf of the Socialist Republic of Vietnam; in aircrafts with Vietnamese nationality, vessels flagged with Vietnamese nationality shall be administratively sanctioned according to the provisions of Vietnamese laws, except otherwise provided for by international treaties of which the Socialist Republic of Vietnam is member.

What are cases of violators are not administratively sanctioned in Vietnam? What are aggravating circumstances regarding administrative sanctions in Vietnam? - image from internet

What are aggravating circumstances regarding administrative sanctions in Vietnam?

Pursuant to Article 10 of the Law on handling administrative violations in 2012 stipulating aggravating circumstances regarding administrative sanctions in Vietnam:

- The administrative violations are committed in an organized manner;

- The administrative violations are committed many times or repeated;

- Inciting, dragging, using minors to commit administrative violations, forcing materially or spiritually dependent persons to commit violations;

- Using the persons who violators are clearly known as suffering from mental illness or others that cause their loss of cognitive ability or their ability to control their behaviors in order to commit the administrative violations;

- Reviling, defaming who is on duty; administrative violations as gangsters;

- Abusing one’s positions and powers to commit administrative violations;

- Taking advantage of war, natural calamity circumstances, disaster, epidemic diseases or other special difficulties of the society to commit administrative violations;

- Committing violations while serving criminal sentences or decisions on application of administrative violation handling measure;

- Continuing to commit administrative violations though the competent persons have requested the termination of such acts;

- After the violations, having committed acts of fleeing or concealing the administrative violations.

- Administrative violations of large-scale, large quantity or large value of goods;

- Administrative violations against many people, children, the elderly, people with disabilities, pregnant women.

Note: If circumstances specified above have been defined as administrative violations, it shall not be considered as aggravating circumstances.

What are extenuating circumstances regarding administrative sanctions in Vietnam?

Pursuant to Article 9 of the Law on handling administrative violations in 2012 stipulating extenuating circumstances regarding administrative sanctions in Vietnam:

- The violators have prevented or reduced harms done by the violations or volunteer to overcome the consequences, pay compensations;

- The violators have voluntarily reported their violations, honestly repenting their mistakes; actively help authorities detect administrative violations, handle administrative violations;

- The violators commit violations in the state of being spiritually incited by other persons’ illegal acts; beyond the limits of legitimate defense; exceeding the requirements of the emergency circumstances;

- The violators commit administrative violations due to being forced to or due to their material or spiritual dependence;

- The violators are pregnant women, old and weak persons, persons suffering from ailment or disability which restrict their capacity to perceive or to control their acts;

- The violators commit violations due to particularly difficult plights not caused by themselves;

- The violations are committed due to backwardness.

- Other extenuating circumstances regulated by the Government.

Best regards!