What are the main contents of a decision on administrative sanctions in Vietnam?
Under Clause 1, Article 68 of the Law on Handling Administrative Violations 2012 and Point dd, Clause 72, Article 1 of the Law on Amendments to Law on Handling Administrative Violations 2020 (Effective from January 1, 2022), the decision on administrative sanctions in Vietnam must include the following main contents:
- Location, date of making decisions;
- Legal foundations for promulgating decisions;
- Records of administrative violations, results of verification, written explanation of violating individuals, organizations or records of explanation meeting and other documents (if any);
- Full name, position of decider;
- Full name, address, occupation of violators or name, address and the full name and title of the legal representative of violating organizations;
- Acts of administrative violations; extenuating circumstances, aggravating circumstances;
- Articles, Clauses of applied legal documents;
- The principal sanctioning form; additional sanctioning forms, remedial measures (if any);
- Rights of complains, initiate lawsuits against decisions on administrative sanction;
- Effect of decisions, time limit and place of implementation of decisions on administrative sanction, places for fine payment;
- Full name, signatures of the persons who make decisions on administrative sanctions;
- Responsibility for executing decisions on administrative sanctions and the coercion in case individuals, organizations are not voluntarily sanctioned.
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