What are regulations on power to impose penalties and issue offence notices on administrative violations in Vietnam?

What are regulations on power to impose penalties and issue offence notices on administrative violations in Vietnam?

Pursuant to Article 6 of the Decree 118/2021/ND-CP stipulating power to impose penalties and issue offence notices on administrative violations in Vietnam as follows:

1. Power to impose fines of each title must be prescribed specifically in decrees on administrative penalties. For decrees having numerous state management fields, this power must be specifically prescribed for each field.

In case fines for titles prescribed in Articles 38, 39, 40, 41 and 46 of the Law on Handling of Administrative Violations are accounted as percentages of the maximum fines of corresponding fields prescribed in clause 1 Article 24 of the Law on Handling of Administrative Violations, the power to impose fines must be prescribed under specific fines to be specified in decrees on administrative penalties in various state management fields.

2. For state management fields prescribed in clause 3 Article 24 of the Law on Handling of Administrative Violations, in case fines for administrative violations are determined according to the number of times, values of violation exhibits and violation goods, penalties for titles prescribed in Articles 38, 39, 40, 41 and 46 of the Law on Handling of Administrative Violations shall be accounted according to percentages of maximum fines in such fields and must be prescribed in specific fines to be specified in decrees on administrative penalties in various state management fields.

3. In case decrees on administrative penalties prescribe numerous titles of forces with power to impose penalties in many different state management fields that participate in penalties, they must clearly prescribe power to impose penalties of such forces on each particular clause.

4. Persons with power to issue offence notices include persons with power to impose penalties, officials, public employees and persons of the People's Army, People's Public Security and cipher workers on their official duties, missions; aircraft commanders, captains, ship captains and persons assigned to issue offence notices by the aircraft commanders, captains and ship captains.

Titles with power to issue offence notices are specifically prescribed in the decrees on administrative penalties in each state management field.

5. For administrative violations subject to both penalties including primary penalties which are fine and additional penalties which are expulsion, the decrees on administrative penalties in various state management fields must stipulate power to impose penalties on such violations for titles with power to impose penalties of expulsion as prescribed in point dd clause 5 and clause 7 Article 39 of the Law on Handling of Administrative Violations.

What are regulations on power to impose administrative penalties of Chiefs of specialized inspectorates in Vietnam?

Pursuant to Article 11 of the Decree 118/2021/ND-CP stipulating power to impose administrative penalties of Chiefs of specialized inspectorates in Vietnam as follows:

1. A chief of specialized inspectorate are entitled to impose penalties for administrative violations within the scope and content of the inspection in the inspection duration according to regulations of laws on inspection.

When the inspection duration expires according to regulations of laws on inspection but any decision on penalties is made for objective reasons, such violation case must be transferred to persons with power to penalties.

2. If the decision on administrative penalties is filed, the person that has made the decision on inspection shall receive and settle it, or instruct the person that has issued the decision on administrative penalties to handle as prescribed by laws on complaints.

Best regards!