Vietnam: Reducing the time limit for applying administrative measures for meritorious individuals

This is the regulation mentioned in the Ordinance of the National Assembly Standing Committee of Vietnam on order of, and procedures for, considering and deciding on the application of administrative-handling measures at People's Courts (also known as Ordinance No. 09/2014/UBTVQH13).

According to Ordinance No. 09/2014/UBTVQH13 of the National Assembly Standing Committee of Vietnam, persons subject to reduction of the duration of, suspension of, or exemption from, serving of the remaining duration of, application of administrative-handling measures include:

- Persons who are serving decisions at reformatories, compulsory educational establishments, compulsory detoxification establishments and have served half of their terms, if making marked progress or recording merits, shall be considered for partly reduction of, or exemption from serving the remaining duration.

- If a person currently serving an administrative-handling measure falls into a case prescribed in Clauses 1 and 2, Article 112 of the Law on Handling of Administrative Violations, he/she is entitled to reduction of the duration, suspension of, or exemption from, serving of the remaining duration of, application of the administrative-handling measure as decided by the court based on the proposal of the director of the reformatory, compulsory education establishment, or compulsory detoxification establishment.

- Where the persons serving decisions at reformatories, compulsory educational establishments, compulsory detoxification establishments are seriously ill and sent back to their families for treatment, they shall be temporarily suspended from serving the decisions; the medical treatment duration shall be counted into the decision-serving duration; if after their recovery from ailment the remaining serving duration is three months or more, such persons must continue to serve the decisions at the establishments; if in time of temporary suspension, such person has marked progress or record merits, shall be considered for exemption from serving the remaining duration. Persons getting dangerous diseases and pregnant women are exempt from serving the remaining duration.

For the case of reducing the duration of serving an administrative-handling measure, the subject person to be considered for reduction must have served half of the duration decided by a court and he/she shall be considered for reduction only once a year with the reduction time equal to at most a quarter of the duration decided by the court.

The Court shall consider reduction of the duration, suspension of, or exemption from, serving of the remaining duration of, application of the administrative-handling measure based on the proposal of the director of the reformatory, compulsory education establishment, or compulsory detoxification establishment.

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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