What are contents of a record of administrative violation in Vietnam? What are regulations on signing administrative offence notices in Vietnam?

What are contents of a record of administrative violation in Vietnam?

Pursuant to Clause 4, Article 12 of the Decree 118/2021/ND-CP stipulating contents of a record of administrative violation in Vietnam as follows:

4. A record of administrative violation must consist of the following main contents:

a) Recording time and venue;

b) Full name and position of the record maker;

c) Information about the violator and individuals or entities involved;

d) Time and location when and where the violation occurs;

dd) Specific and adequate case or violation description;

e) Preventive measures

g) Testimony of the violator or legal or authorized representative of the violating entity;

h) Testimony of the witness, the victim or representative of the organization suffering loss or damage (if any); opinions of the parents or guardian in case the violator is a minor (if any);

i) Rights and time limit of explanation about the administrative violation of the violator, and authority receiving explanation of the competent person; if the violator refuses to explain, his/her opinion must be clarified in the record;

k) Time and location when and where the violator or representative of the violating entity must be present to settle the case;

l) Full name of the receiver, time of receiving the notice in case the record is transferred in person.

What are regulations on signing administrative offence notices in Vietnam?

Pursuant to Clause 5, Article 12 of the Decree 118/2021/ND-CP stipulating signing administrative offence notices in Vietnam as follows:

a) An offence notice must include at least 02 copies and must be signed by the record maker and the violator or representative of the violating entity, except for records which are made according to regulations in clause 7 of this Article 58 of the Law on Handling of Administrative Violations; in case the violator fails to sign, he/she must sign by pressing his/her finger-print; if there are witnesses, interpreters, victims or representatives of the organization suffering damage, they must both sign the records; in case the record consist of multiple pages, each page of the record must be signed;

b) In case the violator or representative of the violating entity is not present at the place of violation or deliberately evades or fails to sign or press his/her finger-print in the notice for an objective reason or has presence but refuses to sign or press fingerprint in the record or in case the violator cannot be identified, the record must include a signature of the representative of communal authority where the violation occurred or of at least one witness to confirm that the violator has not signed in the record; in case there is no signature of representative of communal authority or the witness, reasons for that must be clarified in the record.

What are regulations on transferring the administrative offence notice in Vietnam?

Pursuant to Clause 6, Article 12 of the Decree 118/2021/ND-CP stipulating transferring the administrative offence notice in Vietnam as follows:

a) One copy of the offence notice completely issued must be transferred to the violator, except for cases that cannot identify violators. In case the offence notice marker is not entitled to impose penalties on the administrative violation, the notice and other documents must be transferred to a person with power to impose penalties within 24 hours from the time of making the record;

b) In case the violator is a minor, the notice will also be sent to his/her parents or guardian;

c) In case the violator and/or representative of violating organization is/are absent from place of issuing offence notice(s) or is/are present but refuses to receive or has bases to believe that the violator evades receiving the record, the transfer of the offence notice shall comply with regulations in Article 70 of the Law on Handling of Administrative Violations on the submission of decisions on administrative penalties for execution.

Best regards!