What are regulations on cancellation and promulgation of new decisions on administrative penalties in Vietnam?

What are regulations on cancellation and promulgation of new decisions on administrative penalties in Vietnam?

Pursuant to Article 13 of the Decree 118/2021/ND-CP stipulating cancellation and promulgation of new decisions on administrative penalties in Vietnam as follows:

1. A person promulgated a decision by himself/herself or on request of persons prescribed in clause 3 Article 18 of the Law on Handling of Administrative Violations must promulgate a decision on cancellation of all the contents of the decision in one of the following cases:

a) Failure in determination of the violator;

b) Violation against regulations on power to promulgate decisions;

c) Violations against regulations on procedures for promulgating decisions;

d) Cases prescribed in clause 1 Article 12 of the Law on Handling of Administrative Violations;

dd) Cases prescribed in clause 6 Article 12 of the Law on Handling of Administrative Violations;

e) Cases prescribed in clause 10 Article 12 of the Law on Handling of Administrative Violations;

g) Cases prescribed in clause 3 Article 62 of the Law on Handling of Administrative Violations;

h) Cases of failure to make decisions on penalties prescribed in clause 1 Article 65 of the Law on Handling of Administrative Violations.

2. Persons specified in clause 3 Article 18 of the Law on Handling of Administrative Violations shall make decisions on cancellation of all erroneous decisions under their power if persons promulgated decisions fail to cancel the decisions as prescribed in clause 1 of this Article.

3. For cases prescribed in points a, b, c, dd and e clause 1 of this Article, if there are bases to promulgate new decisions, the persons promulgated decisions must promulgate new decisions or transfer them to persons with power to promulgate new decisions.

For the case prescribed in point h clause 1 of this Article, if exhibits or means of administrative violations banned from storage or circulation or subject to penalties for confiscation or remedial measures against administrative violations under laws, competent persons who have promulgated the decisions must promulgate new decision or transfer them to persons with power to promulgate new decisions for confiscation and application of remedial measures.

What are regulations on correction, amendment and partial cancellation of decisions on administrative penalties in Vietnam?

Pursuant to Article 14 of the Decree 118/2021/ND-CP stipulating correction, amendment and partial cancellation of decisions on administrative penalties in Vietnam as follows:

1. Persons who have promulgated decisions by themselves or on request of persons prescribed in clause 3 Article 18 of the Law on Handling of Administrative Violations shall have responsibilities for correction of their decisions upon having errors in drafting techniques.

2. Persons who have promulgated decisions by themselves or on request of persons prescribed in clause 3 Article 18 of the Law on Handling of Administrative Violations shall have responsibilities for amendment and/or partial cancellation of decisions if these decisions have errors or violations that do not fall under cases specified in clause 1 Article 13 of this Decree and clause 1 of this Article.

3. Decisions on correction, amendment and/or partial cancellation of decisions on administrative penalties shall be stored among penalty records.

Best regards!