New Regulations on Amending, Supplementing, Rectifying, and Revoking Administrative Penalty Decisions

Decree 97 specifically stipulates cases of amendment, supplementation, rectification, annulment, and issuance of new decisions on administrative violation handling as follows:

1. Decisions on handling administrative violations are amended and supplemented in any of the following cases:

- There are drafting technical errors affecting the content of the decision;- There are content errors that do not fundamentally change the content of the decision.

2. Decisions on handling administrative violations are rectified when there are drafting technical errors that do not affect the content of the decision.

3. The person who has issued the decision on handling administrative violations must annul the entire content of the decision in any of the following cases:

- Violation of legal provisions on authority and procedures for handling administrative violations;- Issuing a decision on sanctioning administrative violations in the cases specified at points a, b, c, and d, clause 1, Article 65 of the Law on Handling Administrative Violations;- Forging or falsifying documents on sanctioning administrative violations, documents on applying administrative handling measures;- There is a decision to prosecute a case by the criminal procedure agency for a violation with criminal indications.

4. Depending on the nature and extent of errors, the person who issued the decision on handling administrative violations must partially or entirely annul the content of the decision in any of the following cases:

- There are content errors that fundamentally change the content of the decision;- The decision on resolving complaints by the person or authority competent to resolve complaints is issued, leading to a change in the basis and content of the decision on handling administrative violations.

5. In cases of annulling decisions on handling administrative violations as mentioned above, if there are grounds for issuing a new decision, the person who issued the decision must issue a new decision or transfer it to the competent authority to issue a new decision.

See more at Decree 97/2017/ND-CP, effective from October 5, 2017.

- Ngoc Duyen -

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