05 things you should know about making records of administrative violations in Vietnam

05 things you should know about making records of administrative violations in Vietnam (Internet image)

1. When to make records of administrative violations?

Pursuant to Clauses 1 and 2, Article 58 of the Law on Handling Administrative Violations 2012 (amended in 2020) stipulates the making of records of administrative violations as follows:

- When detecting acts of administrative violations under their respective management, competent persons on duty must promptly make written records of administrative violations, except for cases in which violations arising from failure to make such records are sanctioned as prescribed in clause 1 of Article 56 of the Law on Handling Administrative Violations 2012 (amended in 2020).

If an administrative violation occurs aboard aircraft, a seagoing vessel or train, the pilot in command, vessel captain or trainmaster shall make a record of that administrative violation and immediately issue it over to the person authorized to sanction administrative violations whenever that aircraft, seagoing vessel or train arrives at the airport, terminal or train station.

- An administrative violation record must be made at the scene of that violation.

If an administrative violation record is made at the office of the person authorized to make administrative violation records or at other places, the reasons for this must be clearly stated in the record.

2. Contents of administrative violation records in Vietnam

Pursuant to Clauses 3 and 8, Article 58 of the Law on Handling Administrative Violations 2012 (amended in 2020), an administrative violation record must contain the following main information:

- Recording time and venue;

- Information about the record maker, violating person or entity, individuals or entities involved;

- Time and location when and where the violation occurs; case or violation description;

- Testimony of the violator or representative of the violating entity, the witness, the victim or representative of the organization suffering loss or damage;

- Injunction and guarantee measures;

- Rights and duration of explanation.

3. Regulations on making records of administrative violations

Pursuant to Clauses 4 and 5, Article 58 of the Law on Handling Administrative Violations 2012 (amended in 2020), regulations on making records of administrative violations are as follows:

- A administrative violation record must be made into at least 2 copies and signed by the record maker and the violator or the representative of the violating organization, unless the record is made under the provisions of Clause 7 of  Article 58 of the Law on Handling Administrative Violations 2012 (amended in 2020).

In case the violator or the representative of the violating organization does not sign the record, the record must bear the signature of the representative of the local authority of the commune where the violation occurs, or of at least 01 witness certifying the violating person or organization has not signed the record;

In case there is no signature of the representative of the commune-level local authority or the witness, the reasons for this must be clearly stated in the record.

- Completed administrative violation records must be issued to violating individuals or organizations, each of them receive 01 copy;

In case of administrative violations not falling under the sanctioning competence of the record makers, the records and other related documents must be transferred to persons having sanctioning authority within 24 hours from the date of making such records, except for cases where administrative violation records are made aboard airplanes, ships or trains.

- Administrative violation records must be made in compliance with the Law on Handling Administrative Violations 2012 (amended in 2020)’s regulations on the contents, representation formats, and procedures prescribed hereunder and shall serve as a basis to issue administrative sanction decisions, except for cases where administrative sanctions are not made under clause 1 of Article 56 and clause 2 of Article 63 of the Law on Handling Administrative Violations 2012 (amended in 2020), and otherwise prescribed by the Law on Tax Administration.

4. Handling records of administrative violations when there are errors in Vietnam

Clause 6, Article 58 of the Law on Handling Administrative Violations 2012 (amended in 2020) provides for the handling of records of administrative violations when there are errors as follows:

In case any administrative violation record contains errors or does not fully and accurately show the details specified in clauses 3 and 4 of Article 58 of the Law on Handling Administrative Violations 2012 (amended in 2020):

Facts of the administrative violation cases must be verified according to regulations defined in Article 59 of the Law on Handling Administrative Violations 2012 (amended in 2020) as a basis for issuing sanction decisions.

The verification of facts of the administrative violation case shall be documented in a verification report.

The verification report serves as a document attached to the administrative violation record and needs to be kept in the sanctioning file.

5. Method of making records of administrative violations in Vietnam

Pursuant to Clause 7, Article 58 of the Law on Handling Administrative Violations 2012 (amended in 2020), the method of making records of administrative violations is as follows:

Administrative violation records can be made and sent electronically in case agencies in charge of persons having sanctioning authority, violating individuals or organizations satisfy infrastructure, technical and information requirements.

Ngoc Nhi

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