What is data verification and case conclusions obtained from technical means and equipment in Vietnam?

What are regulations on data verification and case conclusions obtained from technical means and equipment in Vietnam?

Pursuant to Clause 1, Clause 2, Clause 3, Article 21 of Decree 135/2021/ND-CP on data verification and case conclusions obtained from technical means and equipment is prescribed as follows:

1. Verification period and data usage for verification:

a) The verification period is no more than 01 month from the date of acceptance of verification. For complicated cases, the verification period is 02 months from the date of acceptance of verification;

b) The data usage period for verification is applied according to the provisions of Clause 3, Article 14 of this Decree.

2. Verification content:

a) Whether or not there is an administrative violation; time and place of administrative violation;

b) Organizations and individuals committing administrative violations; error and identity of the violating individual;

c) Aggravating and mitigating circumstances;

d) Nature and extent of damage caused by administrative violations;

d) Papers, exhibits, and means of administrative violations;

e) Other relevant details (if any).

3. Verification measures:

Competent persons may take one or more of the following professional measures to verify and collect information and documents to clarify the case:

a) Use professional technical means and equipment equipped to detect and identify administrative violations;

b) Work directly with individuals and organizations providing data; Individuals and organizations reported for administrative violations; Relevant individuals, organizations, witnesses, who know the incident occurred, to collect information and documents related to the incident;

c) Verify reality at necessary locations to collect, check, and determine the accuracy and legality of information, documents, and evidence related to the content of the case;

d) Solicit appraisal of data, samples of evidence, means of administrative violations and related documents according to the provisions of law on appraisal;

d) Other professional measures as prescribed by law.

What are regulations on data verification and case conclusions obtained from technical means and equipment in Vietnam? (Image from the Internet)

What are procedures for verifying cases collected from means and technical equipment in Vietnam?

According to Clause 4 and Clause 5, Article 21 of Decree 135/2021/ND-CP, procedures for verifying cases recovered from means and technical equipment are prescribed as follows:

4. Verification procedure:

a) Competent person conducts verification himself or establishes a verification team. In case of establishing a verification team, there must be 02 or more people.

When conducting factual verification, working with individuals and organizations providing data, individuals and organizations reporting administrative violations, and related individuals and organizations, a record must be made and included signature of the person conducting the verification and those involved in the meeting. In case an individual or organization does not sign the record, the record must clearly state that the individual or organization did not sign;

b) At the end of the verification, the person assigned to verify must send a written report to the competent person on the verification results;

c) Documents and details received and collected must be recorded in writing and stored in the case file according to the provisions of law.

5. Conclusion of the case:

Based on the received and collected data and verification results, the competent person must conclude the content of the case and do the following:

a) In case an administrative violation is detected, the competent person shall make a record of the administrative violation and issue a decision to sanction the administrative violation under his/her authority or transfer the file to the competent person to impose penalties according to the provisions of law;

b) In case it is determined that there is no administrative violation or there is not enough evidence to prove the administrative violation or the administrative violation falls into the case specified in Article 65 of the Law on Handling of Administrative Violations, the violation will not be sanctioned;

c) During and after the verification process, if it is deemed that the violation shows signs of crime or the data provided by individuals or organizations shows signs of falsification or falsification, the competent person must transfer the case file to the competent criminal proceedings agency for handling according to the provisions of law.

Best regards!