Annulment of Administrative Violation Handling Decision in What Circumstances?

1. The person who issued the decision on administrative violation handling must cancel the entire content of the decision in one of the following cases:

- There is a violation of the legal regulations on authority, procedures for handling administrative violations;- Issuance of a decision on administrative penalty in the following cases:- Cases where administrative penalties are not imposed:- Committing administrative violations in an urgent situation;- Committing administrative violations due to legitimate self-defense;- Committing administrative violations due to unexpected events;- Committing administrative violations due to force majeure events;- The person committing the administrative violations does not have the administrative responsibility; the person committing the administrative violations is under the age for administrative penalty.- Unable to determine the administrative violation subject;- The statute of limitations for imposing administrative penalties has expired, or the time limit for issuing a penalty decision has expired;- The individual who committed the administrative violations has died, gone missing, or the organization that committed the administrative violations has dissolved or gone bankrupt during the consideration period for issuing a penalty decision;- Falsification, alteration of the administrative violation handling records, or the records of applying administrative handling measures;- There is a decision to prosecute a criminal case by the criminal procedure-conducting agency for the violation having signs of a crime.

2. Depending on the nature and extent of the errors, the person who issued the decision on administrative violation handling must cancel a part or the entire content of the decision in one of the following cases:

- There are errors in the content that fundamentally change the content of the decision;- The resolution decision of a complaint by a person or competent agency to resolve complaints is issued, leading to changes in the basis or content of the administrative violation handling decision.

3. In the following cases, if there are grounds for issuing a new decision on administrative violation handling, the person who issued the decision must issue a new decision or transfer the authority to issue a new decision:

- Cases of canceling the administrative violation handling decision as mentioned above unless there is already a decision to prosecute the case;- There is a judgment or decision by the Court annulling part or all of the administrative violation handling decision being challenged.

See more Decree 97/2017/ND-CP effective from October 05, 2017.

- Ngoc Duyen -

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