Vietnam: The time limit for forfeiture of the rights to use practicing certificates must not lower than the minimum limit of the time frame

According to Clause 11 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 Clause 3 Article 25 of the Law on handling of administrative violations 2012, the definite deprivation of the right to use licenses, professional practice certificates or suspension of operation in definite time is specified as follows:

- The definite deprivation of the right to use licenses or professional practice certificates shall apply to individuals and organizations that have seriously violated the activities written in the licenses, professional practice certificates. While being deprived of the right to use licenses and/or professional practice certificates, individuals and organizations must not carry out activities prescribed in the licenses or professional practice certificates.

- The suspension of operation in definite time is the sanctioning form that is applied for individuals, organizations committing acts of administrative violations in the following cases:

+ Partly suspension of operation causing serious consequences or practically causing serious consequences to the life, human health, environment for facilities manufacturing, trading and supplying services being required to possess licenses according to the law regulations.

+ Partly or entirely suspension of manufacturing, trading, supplying services or other activities causing serious consequences or practically causing serious consequences to the life, human health, environment and order, social safety, that are required to possess licenses according to the law regulations.

- The time limit for forfeiture of the rights to use licenses, practicing certificates or business suspension specified in Clauses 1 and 2 of this Article shall be between 1 month and 24 months, starting from the effective dates of sanction decisions. Persons accorded authority to impose penalties shall have the custody of licenses or practicing certificates during time limits for forfeiture of the rights to use licenses or practicing certificates.

- The time limit for forfeiture of the rights to use licenses, practicing certificates, or suspension of specific activities imposed as a penalty for an act of administrative violation is the average of total time length of the time frame for such forfeiture or suspension of penalty for that act; if there is any extenuating circumstance, the time limit for such forfeiture or suspension may be reduced, but not lower than the minimum limit of the time frame for such forfeiture or suspension; if there is any aggravating circumstance, the time limit for such forfeiture or suspension may be increased, but not exceeding the maximum limit of the time frame for such forfeiture or suspension.

- The Government shall elaborate on this clause.

View more details at the Law on Environmental Protection 2020 of Vietnam, effective from January 01, 2022.

Le Vy

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