Supplementing prohibited acts when handling administrative violations in Vietnam

Specifically, according to Clause 5 Article 1 of the Law on amendments and supplements to certain articles of Law on handling of administrative violations 2020 of Vietnam, amending Clause 6 and supplementing Clause 8a of Article 12 of the Law on handling of administrative violations 2012, prohibited acts include:

1. Retaining violation cases with criminal signs to handle as administrative violations.

2. Abusing their positions and powers to harass, demand, and receive money or property of the violators; tolerating, covering up, limiting rights of the violators during the administrative sanctions or application of administrative handling measures.

3. Issuing documents contrary to the competence that regulated acts of administration violations, competence, sanctioning forms, remedial measures for each act of administrative violation in the state management sector and administrative handling measures.

4. Not to sanction administrative violations, not to apply remedial measures or not to apply administrative handling measures.

5. Administrative sanctions, application of remedial measures or application of administrative handling measures are not in time, justly, in proper the competence, procedures and subjects regulated in this Law.

6. Identifying administrative violations incorrectly; adopting sanctioning forms, rates, and remedial or mitigation measures in an incorrect and incomplete manner with respect to administrative violations.

7. Unlawful interference in the handling of administrative violations.

8. Extending the application term of administrative handling measures.

8a. Failing to monitor, urge, inspect and take charge of enforcing the execution of sanction decisions or remedial or mitigation measures.

8a. Không theo dõi, đôn đốc, kiểm tra, tổ chức cưỡng chế thi hành quyết định xử phạt, biện pháp khắc phục hậu quả.

9. Using the money from fines for administrative violations, from payment due to late execution of fine decisions, money from liquidation, sale of confiscated material evidences and/or means of administrative violations and other amount from administrative sanctions in manner contrary to the law provisions on the state budget.

10. Forging, falsifying dossiers of administrative sanctions, dossiers of application of administrative handling measures.

11. Infringing the life, health, honor and dignity of the violators who are administratively sanctioned, being applied administrative handling measures, being applied measures of preventing and ensuring the administrative violation handling, being applied coercive measures of executing decisions on administrative violations handling.

12. Resisting, evading, delaying or obstructing the execution of the administrative sanctioning decisions, decisions on applying measures of preventing and ensuring administrative violation handling, decision on coercive measures of executing decisions on administrative violation sanction, decisions on applying administrative handling measures.

View more details at the Law on amendments and supplements to certain articles of Law on handling of administrative violations 2020 of Vietnam, effective from January 01, 2022.

Le Vy

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