Inspection of the implementation of laws on the handling of administrative violations in Vietnam in 2024

Inspection of the implementation of laws on the handling of administrative violations in Vietnam in 2024 (Internet image) 

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

On April 1, 2024, the Minister of Justice issued Decision 542/QD-BTP on inspection of the implementation of laws on handling of administrative violations in 2024.

Inspection of the implementation of laws on the handling of administrative violations in Vietnam in 2024

The inspection includes the following content:

(1) Inspection of the fulfillment of the management task in implementing laws on handling of administrative violations

- Directing and managing work; the construction, progress, and results of implementing the plan for managing the implementation of laws on handling of administrative violations;

- The issuance of legislative documents related to the handling of administrative violations; general monitoring of the implementation of laws on the handling of administrative violations;

- Organizing the dissemination, training, development, and guidance of professional knowledge;

- Allocating resources and other conditions to ensure the implementation of laws on the handling of administrative violations; the total number of authorized personnel to impose administrative penalties for violations according to each position in agencies and units;

- Implementing statistical reporting on the handling of administrative violations;

- Carrying out the responsibilities of the heads of agencies and units in organizing inspections, audits, detecting administrative violations, and applying laws on the handling of administrative violations, including the responsibility to implement Decree 19/2020/ND-CP dated February 12, 2020 of the government on inspecting and disciplining in the implementation of laws on the handling of administrative violations.

(2) Inspection of the application of laws on handling of administrative violations

- The total number of violations; the total number of violations subject to administrative penalties; the number of violations subject to administrative penalties in each area of management; the number of cases transferred to the judicial authorities for criminal liability; the number of cases transferred to the judicial authorities for administrative penalties;

- Implementing regulations on jurisdiction, procedures for drafting administrative violation records, issuing decisions on administrative penalties, decisions on the seizure of exhibits and means of administrative violations, and decisions on the application of measures to remedy consequences in cases where decisions on administrative penalties and decisions on the forced execution of decisions on administrative penalties are not issued;

- The situation and results of the enforcement of decisions on administrative penalties, decisions on the seizure of exhibits and means of administrative violations, and decisions on the application of measures to remedy consequences in cases where decisions on administrative penalties and decisions on the forced execution of decisions on administrative penalties are not issued;

- Implementing regulations on explanations;

- Implementing regulations on jurisdiction, procedures, and the application of measures to prevent and ensure the enforcement of administrative penalties;

- Managing the revenue from administrative fines, documents for collecting fines;

- Archiving records of administrative penalties.

(3) Inspection of the application of laws regarding administrative handling measures (applicable to provincial People's Committees subject to inspection)

- The total number of subjects for whom records are prepared to propose the application of administrative handling measures; the number of subjects subject to administrative handling measures;

- Implementing regulations on preparing records to propose the application of administrative handling measures;

- The situation and results of the enforcement of decisions on the application of administrative handling measures;

- Applying measures to prevent and ensure the enforcement of decisions on administrative handling measures;

- Indications of violations by authorized persons applying laws on administrative handling measures and the resolution of complaints and denunciations in the application of administrative handling measures.

Nguyen Ngoc Que Anh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE