What contents are included the Administrative Offence Notice No. 01 in Vietnam? What are cases without decisions on administrative sanctions in Vietnam?

What contents are included the Administrative Offence Notice No. 01 in Vietnam?

The Administrative Offence Notice No. 01 (Form Code MBB01) in Vietnam is stipulated in the Decree 118/2021/ND-CP.

For detailed information and to download the record form, please refer to this link.

What contents are included the Administrative Offence Notice No. 01 in Vietnam? What are cases without decisions on administrative sanctions in Vietnam? - image from internet

What are cases without decisions on administrative sanctions in Vietnam?

Pursuant to Clause 1 Article 65 of the Law on handling administrative violations in 2012 stipulating ases without decisions on administrative sanctions in Vietnam:

Cases without decisions on administrative sanctions

1. There are no decisions on sanctioning administrative violations in the following cases:

a) Cases specified in Article 11 of this Law;

b) Failing to identify the objects of administrative violations;

c) The statute of limitations for sanctioning administrative violations specified in Article 6 is over or the expiration of the sanctioning decisions specified in Clause 3 of Article 63 or Clause 1 of Article 66 of this Law;

d) Individuals committing administrative violations are dead, missing, violating organizations are in the situation of dissolution, bankruptcy in period of considering for making the sanctioning decisions;

dd) Transfer dossiers of violation cases with criminal signs as prescribed in Article 62 of this Law.

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As regulated above, cases without decisions on administrative sanctions in Vietnam include:

- Cases not being administratively sanctioned

- Failing to identify the objects of administrative violations;

- The statute of limitations for sanctioning administrative violations is over or the sanctioning decisions are expired;

- Individuals committing administrative violations are dead, missing, violating organizations are in the situation of dissolution, bankruptcy in period of considering for making the sanctioning decisions;

- Transfer dossiers of violation cases with criminal signs as prescribed by Law.

What is the time limit for issuing an administrative offence notice in Vietnam?

Pursuant to Clause 2 Article 12 of the Decree 118/2021/ND-CP stipulating the time limit for issuing an administrative offence notice in Vietnam:

- The offence notice shall be issued within 02 working days from the day on which the administrative violation is detected;

- For the case that consists of multiple complex circumstances or has a large scale and causes effects to legal rights and interests of organizations or individuals, the offence notice shall be issued within 05 working days from the day of detecting the administrative violation;

- If the administrative violation is detected by professionally technical equipment or it is required to determine the value of exhibits, means of the violation, assess, inspect and verify relevant details, the offence notice shall be issued within 03 working days from the day on which the violator is identified by professionally technical equipment or from the date of receiving the result of valuation of exhibits or means of the violation, assessment, inspection and verification of relevant details;

- If the administrative violation is committed on an aircraft, ship or train, a person entitled to issue offence notices or the aircraft commander, the captain or ship master shall issue a notice and transfer it to a person entitled to impose penalties for administrative violations within 02 working days from the date on which the aircraft, ship or train arrives at an airport, port or railway station;

- If a case having multiple different administrative violations, in which there is an administrative violation which is detected by professionally technical equipment or it is required to determine the value of exhibits, means of the violation, assess, inspect and verify relevant details, the offence notice shall be issued for violations in such case within 03 working days from the day on which the violator is detected by professionally technical equipment or from the date of receiving full result of valuation of exhibits or means of the violation, assessment, inspection and verification of relevant details.

What are main contents of an administrative offence notice in Vietnam?

Pursuant to Clause 4 Article 12 of the Decree 118/2021/ND-CP, an administrative offence notice in Vietnam includes following main contents:

- Recording time and venue;

- Full name and position of the notice maker;

- Information about the violator and individuals or entities involved;

- Time and location when and where the violation occurs;

- Specific and adequate case or violation description;

- Preventive measures

- Testimony of the violator or legal or authorized representative of the violating entity;

- 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);

- 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;

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

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

Best regards!