10 remedial measures in administrative violations in Vietnam

10 remedial measures in administrative violations in Vietnam (Internet image)

Application principles of remedial measures in Vietnam

In Clause 2, Article 28 of the Law on Handling Administrative Violations 2012, the application principles of remedial measures:

- For each act of administrative violation, in addition to being applied sanctions, individuals, organizations committing administrative violations may be applied one or more remedial measures specified in Clause 1 of this Article;

- Remedial measures are applied independently for cases specified in Clause 2, Article 65 of this Law.

10 remedial measures in administrative violations in Vietnam

In Clause 1, Article 28 of the Law on Handling Administrative Violations 2012, remedial measures are prescribed, including:

(1) Forcible restoration of the initial state;

(2) Forcible dismantling of works, parts of works constructed without permits or not proper with permits;

(3) Forcible application of measures to overcome the environmental pollution, epidemic spreads;

(4) Forcible bringing out of the territory of the Socialist Republic of Vietnam or forcible re-export of goods, articles and means;

(5) Forcible destruction of goods, articles which cause harms to human health, domestic animals and cultivated plants, environment and harmful cultural products;

(6) Forcible correction of false information or misleading;

(7) Forcible removal of infringing elements on the goods or packaging of goods, means of trading, and articles;

(8) Forcible recall of products, goods without quality guarantee;

(9) Forcible submit of the unlawful profits from administrative violations or forced to submit the money equivalent to the value of material evidences, means used to commit administrative violations which have been sold, dispersed or destroyed contrary to the law provisions;

(10) Other remedial measures prescribed by the Government.

1. Forcible restoration of the initial state in Vietnam

Article 29 of the Law on Handling Administrative Violations 2012 stipulates the forcible restoration of the initial state as follows:

Individuals, organizations committing administrative violations must restore the initial state altered due to their acts of administrative violations;

In case individuals, organizations committing administrative violations do not voluntarily carry out their duties, they shall be coerced to carry out their duties.

2. Forcible dismantling of works, parts of works constructed without building permits or not proper with building permits in Vietnam

Article 30 of the Law on Handling Administrative Violations 2012 stipulates the forced dismantling of works, parts of works built without permits or built in contravention of permits.

Individuals, organizations committing administrative violations must dismantle works, parts of works constructed without building permits or not proper with building permits;

In case individuals, organizations committing administrative violations do not voluntarily carry out their duties, they shall be coerced to carry out their duties.

3. Forcible application of measures to overcome the environmental pollution, epidemic spreads in Vietnam

Article 31 of the Law on Handling Administrative Violations 2012 stipulates forcible application of measures to overcome the environmental pollution, epidemic spreads as follows:

Individuals, organizations committing administrative violations must implement measures to overcome the environmental pollution, epidemic spreads; in case individuals, organizations committing administrative violations do not voluntarily carry out their duties, they shall be coerced to carry out their duties.

4. Forcible bringing out of the territory of the Socialist Republic of Vietnam or forcible re-export of goods, articles and means in Vietnam

Article 32 of the Law on Handling Administrative Violations 2012 stipulates the forced removal from the territory of the Socialist Republic of Vietnam or the re-export of goods, articles and means.

Individuals, organizations committing administrative violations must bring out of the territory of the Socialist Republic of Vietnam or re-export goods, articles and means brought into the territory of the Socialist Republic of Vietnam, imported contrary to the provisions of law or temporary import for re-export, but not re-export in accordance with the provisions of the law.

This remedial measure is also applied to goods imported, transited which infringe upon intellectual property rights, fake goods infringe upon intellectual property rights, import means, raw materials and materials used primarily for the production and trading of intellectual property counterfeit goods, after the removal of offending elements; in case individuals, organizations committing administrative violations do not voluntarily carry out their duties, they shall be coerced to carry out their duties.

5. Forcible destruction of goods, articles which cause harms to human health, domestic animals and cultivated plants, and environment, harmful cultural products in Vietnam

Article 33 of the Law on Handling Administrative Violations 2012 provides for the forcible destruction of goods and articles harmful to human health, domestic animals, plants and the environment, and cultural products with harmful contents as follows: :

Individuals, organizations committing administrative violations must destroy articles which cause harms to human health, domestic animals and cultivated plants, environment and harmful cultural products or other material evidences belong to groups of being destroyed according to the law provisions; in case individuals, organizations committing administrative violations do not voluntarily carry out their duties, they shall be coerced to carry out their duties.

6. Forcible correction of false information or misleading in Vietnam

Article 34 of the Law on Handling Administrative Violations 2012 stipulates the forcible correction of false information or misleading as follows:

Individuals, organizations committing administrative violations must correct false information or misleading which have been announced, informed on the mass media, being announced, informed on websites; in case individuals, organizations committing administrative violations do not voluntarily carry out their duties, they shall be coerced to carry out their duties.

7. Forcible removal of infringing elements on the goods or packaging of goods, means of trading, and articles in Vietnam

Article 35 of the Law on Handling Administrative Violations 2012 stipulates forcible removal of infringing elements on the goods or packaging of goods, means of trading, and articles as follows:

Individuals, organizations who manufacture, trade goods or use means of trading, articles which contain the infringing elements on the goods, packaging of goods, means of trading, articles must remove those infringing elements; in case individuals, organizations committing administrative violations do not voluntarily carry out their duties, they shall be coerced to carry out their duties.

8. Forcible recall of products, goods without quality guarantee in Vietnam

Article 36 of the Law on Handling Administrative Violations 2012 stipulates the forced recall of products and goods that fail to meet quality standards as follows:

Individuals, organizations manufacturing, trading products, goods which do not meet registered or announced quality and other goods without quality guarantee, conditions of circulation in the market; in case individuals, organizations committing administrative violations do not voluntarily carry out their duties, they shall be coerced to carry out their duties.

9. Forcible submit of the unlawful profits from administrative violations or forced to submit the money equivalent to the value of exhibit, means used to commit administrative violations which have been sold, dispersed or destroyed contrary to the law provisions in Vietnam

Article 37 of the Law on Handling Administrative Violations 2012 stipulates the forcible submit of the unlawful profits from administrative violations or forced to submit the money equivalent to the value of exhibit, means used to commit administrative violations which have been sold, dispersed or destroyed contrary to the law provisions as follows:

The violating individuals, organizations must submit the unlawful profits under the forms of money, valuable papers and articles getting from the administrative violations to the State budget or return to the subjects being appropriated; must submit the money equivalent to the value of material evidences, means used to commit administrative violations in case such material evidences, means have been sold, dispersed or destroyed contrary to the law provisions; if individuals, organizations committing administrative violations do not voluntarily carry out their duties, they shall be coerced to carry out their duties.

Ngoc Nhi

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