New point on grounds for suspension when applying administrative handling measures at court in Vietnam

New point on grounds for suspension when applying administrative handling measures at court in Vietnam (Internet image)

The National Assembly of Vietnam approved Ordinance 03/2022/UBTVQH15 dated December 13, 2022 on the order and procedures for considering and deciding to apply administrative handling measures at the People's Court.

1. New point on grounds for suspension when applying administrative handling measures at court in Vietnam

* As a result, under Article 16 of OOrdinance 03/2022/UBTVQH15, the judge must issue a decision suspending the consideration and application of administrative handling measures when one of the following conditions exists:

- The statute of limitations for enforcing administrative handling measures specified in Points b, c, d, and e of Clause 2, Article 6 of the Law on Handling Administrative Violations has expired.

- The proposed person has died;

- The proposed person is not subject to the application of administrative handling measures specified in Articles 92, 94, and 96 of the Law on Handling Administrative Violations;

- The proposed person falls into one of the categories specified in Clause 5, Article 92, Clause 2, Article 94, or Clause 2, Article 96 of the Law on Handling Administrative Violations;

- The proposer withdraws the offer;

- The proposed person has a legally binding criminal judgment or court decision for the act for which the administrative handling measure is being proposed;

- The proposed person is serving a prison sentence or is waiting to serve the death penalty under a legally binding court judgment or decision;

- The person being proposed to have a fatal disease has a certificate from a medical examination and treatment establishment at the district level or higher.

The judge shall issue a decision to suspend the consideration and application of administrative handling measures when there is one of the following grounds:

- The proposed person's illegal acts have criminal signs, and the Court must transfer the file to the agency competent to conduct criminal procedures for review, or the proposed person is being investigated for criminal liability for that act.

- When new circumstances arise about the health and mental status of the proposed person and it is necessary to ask the requester to solicit expertise.

* Within 02 working days from the date on which the reason for temporary suspension specified in Clause 2, Article 16 of Ordinance 03/2022/UBTVQH15 no longer exists, the court shall issue a decision to continue considering and decide to apply administrative handling measures;

Or decide to suspend consideration, decide to apply administrative handling measures according to the provisions of Ordinance 03/2022/UBTVQH15.

Compared with the current Ordinance 09/2014/UBTVQH13, in Ordinance 03/2022/UBTVQH15, in the event that the person proposed to have a fatal disease certified by a medical examination and treatment establishment at the district level or higher in the grounds of suspension becomes a ground for suspension, the consideration and decision on the application of administrative handling measures shall be considered. main.

2. Competence to consider and decide to apply administrative handling measures at court in Vietnam

Competence to consider and decide on when to apply administrative handling measures at court are as follows:

- Competence to consider and decide to apply administrative handling measures of the People's Courts of rural districts, urban districts, towns, provincial cities, or centrally run cities (hereinafter referred to as the district-level People's Court) is regulated as follows:

+ The district-level People's Court of the locality where the applicant's agency is located (hereinafter referred to as the requester), except for the case specified at Point b, Clause 1, Article 3 of Ordinance 03/2022/UBTVQH15;

+ The People's Court of the district where the proposed person commits violations in cases where the petitioner is the head of the district-level police department or the director of the provincial-level police department, according to the provisions of Clause 2, Article 99, Clause 1, Article 100, Clause 2, Article 101, and Clause 1, Article 102 of the Law on Handling Administrative Violations.

- Provincial-level People's Courts (also known as district-level People's Courts) have the authority to review decisions of district-level People's Courts that are complained about, petitioned for, or protested against.

More details can be found in Vietnam's Ordinance 03/2022/UBTVQH15, effective from February 1, 2023, replacing Ordinance 09/2014/UBTVQH13.

Quoc Dat

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