The Ministry of Justice of Vietnam will regulate reporting regimes regarding sanctioning of administrative violations

According to Clause 6 Article 1 of the Law on amendments and supplements to certain articles of Law on handling of administrative violations 2020 of Vietnam, amending and supplementing some clauses of Article 17 of the Law on handling of administrative violations 2012, responsibility for the management of law observance on administrative handling is specified as follows:

- The Government unifies the management of law execution on administrative sanctions.

- The Ministry of Justice of Vietnam is responsible to the Government for the management of law execution on administrative handling with the following tasks and authorities:

+ To assume the prime responsibility for or coordinate in the proposal of, development of and submission to competent agencies for promulgation or to promulgate according to its competence legal normative documents on administrative sanctions;

+ General track and report the implementation of the law execution on administrative handling; to make statistics reports, set up and manage the national database on administrative handling;

+ To assume the prime responsibility for and coordinate in guidance, training, professional training in the law execution on administrative handling;

+ To examine and coordinate with relevant ministries and agencies to carry out the inspection of the law execution on administrative handling.

+ Regulating reporting regimes and forms used for collection of statistical data regarding sanctioning of administrative violations.

- Within their duties and powers, the ministries, departments are responsible for implementing or coordinating with the Ministry of Justice to perform the tasks specified in Clause 2 of this Article; timely providing information to the Ministry of Justice on administrative handling to set up the national database; every 06 months, every year, sending reports to the Ministry of Justice on administrative handling within their management.

- Within their duties and powers, the Supreme People's Court and the State Audit shall carry out the provisions of Clause 2 of this Article, and annually send reports to the Ministry of Justice on the sanctioning of administrative violations arising within their remit; shall direct People's Courts at all levels, State Audit’s subordinate agencies to report and provide information on the sanctioning of administrative violations.

- Within the duties and powers, the People's Committees at all levels managing the law execution about administrative handling in the localities, have the following responsibilities:

+ To direct the implementation of legal normative documents on administrative handling; disseminate, educate legal information on administrative handling;

+ To check, inspect, handle violations and according to the competence, handle complaints, denunciations in the law observance about administrative handling;

+ Promptly provide information to the Ministry of Justice on administrative handling to set up the national database; every 06 months, every year, send reports to the Ministry of Justice about the administrative handling in their localities.

- Host entities in charge of persons having authority to sanction administrative violations, People's Courts accorded authority to decide the enforcement of administrative actions, entities enforcing sanction decisions and decisions on enforcement of sanction decisions, and entities enforcing decisions on enforcement of administrative actions, shall be responsible for providing updated information and sanctioning results under their jurisdiction and within their remit to the Database. country on handling of administrative violations to the National Sanction Database.

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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