What are regulations on time limit for implementation and contents of correction, amendment and partial or complete cancellation of decisions on administrative penalties in Vietnam?

What are regulations on time limit for implementation and contents of correction, amendment and partial or complete cancellation of decisions on administrative penalties in Vietnam?

Pursuant to Article 15 of the Decree 118/2021/ND-CP stipulating time limit for implementation and contents of correction, amendment and partial or complete cancellation of decisions on administrative penalties in Vietnam as follows:

1. Time limit for correction, amendment and partial or complete cancellation of a decision:

a) Time limit for correction, amendment and partial cancellation of the decision is 01 year from the date on which the competent person promulgates the decision having errors. In case the prescriptive period prescribed in point a clause 1 Article 6 of the Law on Handling of Administrative Violations ends, the correction, amendment or partial cancellation of the decision shall be not implemented;

b) Time limit for complete cancellation of decisions promulgated from the date on which the Law on Administrative Violations takes effect and fall under cases prescribed in clause 1 Article 13 of this Decree is not prescribed.

2. There is no time limit for correction, amendment and partial cancellation of the decision prescribed in point a clause 1 of this Article in the following cases:

a) The penalty decision applying the confiscation of exhibits or means of administrative violations and remedial measures prescribed in clause 1 Article 74 of the Law on Handling of Administrative Violations;

b) The case that has a decision on handling complaints of a person or authority with power to handle complaints about mandatory amendment and partial cancellation of the decision;

c) The case that involves contents of denunciation of a person or authority with power to handle the denunciation of mandatory amendment and partial cancellation of the decision;

d) The case that having a judgment or decision of the Court on the amendment and partial cancellation of the decision that is filed a lawsuit.

3. For the case prescribed in clause 3 Article 13 of this Decree, if there is a ground for promulgating a new decision, a competent person must make a record of confirming circumstances of the case of administrative violation according to Article 59 of the Law on Handling of Administrative Violations.

The time limit for promulgating the new decision is under regulations of clause 1 Article 66 of the Law on Handling of Administrative Violations from the date on which the record of confirming circumstances of the case of administrative violations.

4. The decision applying the confiscation of exhibits or means of administrative violations and remedial measures shall only be corrected, amended and partially cancelled as prescribed in point a clause 2 of this Article on the confiscation of exhibits or means of administrative violations and the application of remedial measures.

What are regulations on effect, time limit and prescriptive period for enforcement of decisions on correction, amendment, partial or complete cancellation or new decisions on administrative penalties in Vietnam?

Pursuant to Article 16 of the Decree 118/2021/ND-CP stipulating effect, time limit and prescriptive period for enforcement of decisions on correction, amendment, partial or complete cancellation or new decisions on administrative penalties in Vietnam as follows:

1. Decisions on correction, amendment and partial or complete cancellation and new decisions shall take effect from the date on which they are signed or at specific day after these decisions are signed and recorded on these decisions.

2. Time limit for enforcing decisions on correction, amendment and partial cancellation or new decisions shall be 10 days from the date on which violators receive the decisions; in case a new decision has a term of enforcement of more than 10 days, it shall comply with that term.

3. Prescriptive period for enforcement of decisions on correction, amendment and partial cancellation or new decisions:

a) Prescriptive period for enforcement of decisions on correction, amendment and partial cancellation or new decisions shall be 01 year from the date on which the decisions are made;

b) In case it is necessary to make a/an correction, amendment and partial cancellation or promulgation of new decisions multiple times, prescriptive period shall be 02 years from the date on which decisions on correction, amendment and partial cancellation are made;

Decisions are no longer valid beyond the time limit prescribed in points a and b of this clause unless the case that a decision on penalties applies confiscation of exhibits, means of administrative violation or remedial measures;

d) In case a penalized organization or individual (hereinafter referred to as “penalized violators”) deliberately shirks or delays implementation of the decisions, the above-mentioned prescriptive period shall begin from the date on which the act of shirking or delaying terminates.

Best regards!