Vietnam: Procedures for submitting administrative violation cases to the President of People’s Committee

According to the Circular No. 27/2020/TT-BCT of the Ministry of Industry and Trade of Vietnam, procedures for submitting administrative violation cases to the President of People’s Committee are prescribed as follows:

1. The market surveillance authority shall request the President of People's Committee that is a competent penalty decision-maker to consider issuing a penalty decision in the following cases:

- The case involves many administrative violations in varied fields of state management, including administrative violations which do not fall under the jurisdiction of the market surveillance authorities;

- The administrative violation case goes beyond the power to impose penalties for administrative violations of the Director of Department of province.

2. The market surveillance team in charge of the administrative violation case shall:

- Submit the case to the President of the People's Committee of the district where the administrative violation is committed for imposing a penalty in the case that involves many administrative violations in varied fields of state management, including administrative violations which do not fall under the jurisdiction of the market surveillance authorities;

- Forward the case to the superior Department for consideration, and then submit it to the President of the People's Committee of the province in a case where the case involving many administrative violations in varied fields of state management, including administrative violations which do not fall under the jurisdiction of the market surveillance authorities, goes beyond power to impose penalty of the President of the People's Committee of district.

3. The Department of province shall submit the case to the President of the People's Committee of the province where the administrative violation is committed for imposing a penalty when the administrative violation case goes beyond the power to impose penalties for administrative violations of the Director of Department of province or forward the case to the superior Department for consideration, and then submit it to the President of the People's Committee of the province in a case where the case involving many administrative violations in varied fields of state management, including administrative violations which do not fall under the jurisdiction of the market surveillance authorities, goes beyond power to impose penalty of the President of the People's Committee of district.

4. The Department of Practices shall submit the case to the President of the People's Committee of the province where the administrative violation is committed for imposing a penalty in the case that involves many administrative violations in varied fields of state management, including administrative violations which do not fall under the jurisdiction of the market surveillance authorities.

View more details at the Circular No. 27/2020/TT-BCT of the Ministry of Industry and Trade of Vietnam, effective from December 01, 2020.

Thuy Tram

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