Vietnam: Cases of adjournment of the decision on application of administrative-handling measures

(1) The statute of limitations for application of administrative-handling measures expires;

(2) The subject person dies;

(3) The subject person is not liable to the application of administrative-handling measures:

Subjects of application of measure sending to reformatories

- Persons aged between full 12 and under 14 who have intentionally committed acts with signs of special serious crimes prescribed in the Penal Code.

- Persons aged between full 14 and under 16 who have unintentionally committed acts with signs of very serious crimes prescribed in the Penal Code.

- Persons aged between full 14 and under 16 who have intentionally committed acts with signs of serious crimes prescribed in the Penal Code and had previously been subject to the application of measure of education at communes, wards or district towns.

- Persons aged between full 14 and under 18, 02 times or more within 06 months, having committed acts of petty theft, petty swindle, petty gambling, causing public disorder, but not liable to criminal prosecutions and had previously been subject to the application of measure of education at communes, wards or district towns.

Subjects of application of measure sending to compulsory education establishments: Subjects to whom the measure of sending to compulsory education establishments shall apply are persons who have committed acts of infringing upon the properties of domestic or foreign organizations, the properties, health, honor and/or dignity of citizens or foreigners, breaking social order and safety regularly, with 02 times or more in 06 months but not to the extent of being examined for penal liability, and who have been subject to the application of measure of education at communes, wards or district towns or not yet subject to the application of this measure but have no stable residence places.

+  prescribed in Clauses 1, 2, 3 and 4 of Article 92, Clause 1 of Article 94 or Clause 1 of Article 96 of the Law on Handling of Administrative Violations;

Subjects of application of measure sending to compulsory detoxification establishments: Subjects of application of measure sending to compulsory detoxification establishments are Drug addicts aged full 18 or older having been subject to the application of measure of education at communes, wards or district towns but still addicted or not yet been subject to the application of this measure but have no stable residence places.

(4) The subject person falls within the cases:

+ Persons having no administrative liability capacity;

+ Pregnant women with certificate of hospital;

+ Being a woman or sole person nurturing children under 36 months old certified by the Commune People’s Committee where that person is resident.

+ Persons under 18 years old;

+ Women of over 55 and men of over 60 years old;

(5) The proposing agency withdraws its proposal;

(6) The subject person has been handed down a criminal judgment or decision by the court, which has taken legal effect, for the acts proposed for application of administrative- handling measures;

(7) The subject person is serving his/her prison term, is expected to serve his/her imprisonment or death penalty under a legally effective judgment or decision of a court.

View more details at Ordinance No. 09/2014/UBTVQH13 of the National Assembly Standing Committee of Vietnam, effective from January 20, 2014.

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