Supplementary Cases for Termination of Administrative Penalty Authority Delegation

17:28, 11/07/2024

the Government of Vietnam has recently issued Decree 97/2017/ND-CP amending and supplementing a number of articles of Decree 81/2013 of the Government of Vietnam detailing certain articles and measures for the implementation of the Law on Handling Administrative Violations.

Decree 97 stipulates that the delegation of authority to handle administrative violations shall terminate upon the occurrence of any of the following cases:

- The decision to delegate authority has expired;- The delegated task has been completed;- The superior terminates the delegation of authority to the subordinate. In this case, the termination of delegation must be evidenced by a decision;- The delegator or the delegatee retires, resigns, is transferred, appointed, rotated, seconded, resigns from office, is relieved of duty, demoted, or temporarily suspended from work in accordance with the law;- The delegator or the delegatee dies, is declared by the Court to be incapable of civil acts, has limited capacity to perform civil acts, is missing or has died;- The delegated task, although incomplete, must be transferred to another competent authority or person for handling in accordance with the law;- The delegator or the delegatee is detained or temporarily imprisoned to serve investigative, prosecutorial, or judicial procedures.

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

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