Vietnam: Sample of administrative violation record and instruction on how to fill out the record

Vietnam: Sample of administrative violation record and instruction on how to fill out the record (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Main information of the administrative violation record in Vietnam

According to Clause 3, Article 58 of the Law on Handling of Administrative Violations 2012 (amended by Clause 29, Article 1 of the Law amending Law on Handling Administrative Violations 2020), an administrative violation record must contain the following main information:

- Recording time and venue;

- Information about the record maker, violating person or entity, individuals or entities involved;

- Time and location when and where the violation occurs; case or violation description;

- Testimony of the violator or representative of the violating entity, the witness, the victim or representative of the organization suffering loss or damage;

- Injunction and guarantee measures;

- Rights and duration of explanation.

2. Sample of administrative violation record and instruction on how to fill out the record in Vietnam

Sample of administrative violation record in Vietnam is the form MBB01 issued in the Appendix attached to Decree 118/2021/ND-CP as follows:

Sample of administrative violation record

Notes and how to write an administrative violation record sample:

* This form is used to make records of administrative violations specified in Article 58 of the Law on Handling of Administrative Violations (amended and supplemented in 2020).

(*) Note to select and record information to suit the reality of the case.

(*)(*) Applying to cases where the minutes are delivered directly to the individual/representative of the violating organization.

(1) Enter the name of the agency of the person competent to make the minutes according to the Government's guidelines and procedures.

(2) Name the field of state management as prescribed in Clause 1, Article 24 of the Law on Handling of Administrative Violations (amended and supplemented in 2020).

(3) Specify the location for making the minutes on a case-by-case basis:

- In case of making a record right at the time of detecting the violation, the place of making the record is the place where the violation occurs.

- In case the minutes are not made at the time of detecting acts of violation, the place of making the minutes is the office of the person competent to make the minutes or another location.

In case the minutes of administrative violations are made at the office of the person competent to make the record or at another location, the reason must be clearly stated.

(4) Complete the grounds for making the minutes. Example: Working minutes; inspection records; inspection report; Test conclusion; inspection conclusion; Recording results of technical and professional means and equipment used to detect administrative violations as prescribed in Article 64 of the Law on Handling of Administrative Violations (amended and supplemented in 2020); Other documents...

(5) In case the individual/representative of the violating organization does not sign the minutes, the person competent to make the minutes must ensure the presence of a representative of the People's Committee of the commune/ward/township where the violation occurs, or at least 01 witness to sign for certification.

- In case of witnesses, write the full name, occupation, and contact information of that person.

- In case of a representative of the commune-level government, write the full name and position of the representative and the name of the People's Committee of the commune/ward/town where the violation occurred.

(6) Enter the full name of the legal representative of the enterprise/head of the organization that is not an enterprise.

(7) Enter the title of the legal representative of the enterprise/head of the organization that is not an enterprise.

(8) Description of the incident; hour, day, month, year, place of violation, ... specific violations. For violations at sea, it is necessary to clearly state the name of the ship, main engine power, gross tonnage/total tonnage, and the location where the violation occurs in internal waters/territorial waters/contiguous zones,/exclusive economic zone/continental shelf/islands under the sovereignty, sovereign rights, national jurisdiction, and coordinates (latitude, longitude), voyage of the ship.

(9) Record the points, clauses, and articles of the decree on the sanctioning of administrative violations in specific fields.

(10) Enter the full name of the person affected/the name and title of the representative, and the name of the affected organization.

(11) Specify the names of the measures to prevent and ensure the handling of administrative violations that have been applied.

(12) Specify on a case-by-case basis:

- In case of a direct explanation, write: «02 working days».

- In case of a written explanation, write: «05 working days».

- If the case is not explained according to the provisions of Clause 1, Article 61 of the Law on Handling of Administrative Violations (amended and supplemented in 2020), then (12), (13), (14) and (15) are not required.

(13) Enter the full name of the individual/representative of the offending organization.

(14) Specify on a case-by-case basis:

- In case of a direct explanation, write: "written request for a direct explanation".

- In case of a written explanation, write: "written explanation".

(15) Write the title and name of the agency of the person competent to sanction administrative violations in the case.

(16) Enter the address where you plan to work with the individual/representative of the offending organization.

Nguyen Nhu Mai

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