Vietnam: The Chairman of the People's Committee must correct his decision on sanctioning administrative violations if there is an error

According to Clause 7 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 18 of the Law on handling of administrative violations 2012, responsibilities of the heads of units, agencies in administrative handling are specified as follows:

- Within their duties and powers, the heads of agencies, units having competence to handle administrative violations have the following responsibilities:

+ Frequently inspecting, checking and timely handling violations of persons with competence to handle administrative violations under their management; settling complaints and denunciations in handling administrative violations prescribed by law;

+ Not to interfere unlawfully in administrative handling and must have joint responsibility for violations of the persons with competence to handle administrative violations under their management according to the law provisions;

+ Not to let happening acts of corruption committed by the persons with competence to handle administrative violations under their management;

+ Other responsibilities as prescribed by law.

- Within their duties and powers, ministers, the heads of ministerial-level agencies, the chairman of People's Committees at all levels have responsibilities as follows:

+ Frequently direct, check the administrative handling of the persons with competence to handle administrative violations under their management;

+ Discipline persons who have committed mistakes in the administrative handling in the scope of their respective management;

+ Timely handle complaints and denunciations about the administrative handling in the sectors, fields under their management according to the law provisions;

+ Other responsibilities as prescribed by law.

- Within the scope of their duties and powers, Ministers, Heads of ministerial-level agencies, Presidents of People's Committees at all levels, heads of agencies and units in charge of persons have authority to sanction administrative violations shall be responsible for detecting any defect contained in decisions regarding the sanctioning of administrative violations issued by themselves or their subordinates, and promptly correcting, revising, supplementing or abolishing them, or promulgating new ones under their jurisdiction.

The Government shall elaborate on this clause.

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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