11:55, 11/07/2024
The Government of Vietnam has officially passed Decree 97/2017/ND-CP amending and supplementing Decree 81/2013/ND-CP on the implementation of the Law on Handling Administrative Violations. Notably, Decree 97 is accompanied by 38 sample decisions and 17 sample records for use in handling administrative violations in Vietnam.
Article table of contents
To be specific:
| No. | Code | Form |
|---|---|---|
| DECISION TEMPLATE | ||
| 1 | MQD01 | Decision on administrative sanction without a written record |
| 2 | MQD02 | Decision on administrative sanction (used for cases of one or multiple individuals/organizations committing one or multiple administrative violations) |
| 3 | MQD03 | Decision to postpone the execution of monetary penalty |
| 4 | MQD04 | Decision to reduce/exempt the remaining (entire) monetary fine for administrative violations |
| 5 | MQD05 | Decision on multiple payment installments of the fine |
| 6 | MQD06 | Decision to coerce deduction of a portion of salary or income |
| 7 | MQD07 | Decision to coerce deduction from an account |
| 8 | MQD08 | Decision to coerce the distraint of assets equivalent to the fine amount |
| 9 | MQD09 | Decision to coerce the collection of money, assets to execute the administrative penalty |
| 10 | MQD10 | Decision to coerce the enforcement of remedial measures |
| 11 | MQD11 | Decision to confiscate evidence, administrative violation means due to inability to identify the violator/the violator not claiming |
| 12 | MQD12 | Decision to confiscate evidence of administrative violations (in case of not issuing an administrative penalty decision) |
| 13 | MQD13 | Decision to apply remedial measures (in case of not issuing an administrative penalty decision) |
| 14 | MQD14 | Decision to destroy the evidence, means of administrative violations |
| 15 | MQD15 | Decision to execute part of the administrative penalty (in case the penalized person dies/disappears; organization is dissolved/bankrupt) |
| 16 | MQD16 | Decision to temporarily detain a person according to administrative procedures |
| 17 | MQD17 | Decision to extend the detention period according to administrative procedures |
| 18 | MQD18 | Decision to terminate the detention of a person according to administrative procedures |
| 19 | MQD19 | Decision to temporarily detain the evidence, means of administrative violations, license, professional practicing certificate |
| 20 | MQD20 | Decision to extend the detention period of the evidence, means of administrative violations, license, professional practicing certificate |
| 21 | MQD21 | Decision to return the detained evidence, means of administrative violations, license, professional practicing certificate |
| 22 | MQD22 | Decision to search a person according to administrative procedures |
| 23 | MQD23 | Decision to search a transport vehicle, object according to administrative procedures |
| 24 | MQD24 | Decision to search the hiding place of administrative violation evidence, means |
| 25 | MQD25 | Decision to search the residence hiding administrative violation evidence, means |
| 26 | MQD26 | Decision to transfer the case file of administrative violations with criminal signs for prosecution |
| 27 | MQD27 | Decision to temporarily suspend the execution of the administrative penalty decision |
| 28 | MQD28 | Decision to terminate the temporary suspension of the execution of the administrative penalty decision |
| 29 | MQD29 | Decision on the delegation of administrative sanctioning authority |
| 30 | MQD30 | Decision on the delegation of coercive enforcement of administrative penalty decisions |
| 31 | MQD31 | Decision on the delegation of temporary detention according to administrative procedures |
| 32 | MQD32 | Decision to amend, supplement the administrative penalty decision |
| 33 | MQD33 | Decision to amend, supplement the decision to apply educational measures at a commune, ward, commune-level town |
| 34 | MQD34 | Decision to correct the administrative penalty decision |
| 35 | MQD35 | Decision to correct the decision to apply educational measures at a commune, ward, commune-level town |
| 36 | MQD36 | Decision to annul the administrative penalty decision |
| 37 | MQD37 | Decision to annul the decision to apply educational measures at a commune, ward, commune-level town |
| 38 | MQD38 | Decision to solicit expertise |
| MINUTES TEMPLATE | ||
| 39 | MBB01 | Minutes of administrative violation |
| 40 | MBB02 | Minutes of direct explanation session |
| 41 | MBB03 | Minutes on the refusal of individuals/organizations to receive the administrative penalty decision |
| 42 | MBB04 | Minutes of coercive distraint of assets equivalent to the fine amount |
| 43 | MBB05 | Minutes of coercive collection of money, assets to execute the administrative penalty decision |
| 44 | MBB06 | Minutes of coercive enforcement of remedial measures |
| 45 | MBB07 | Minutes of temporary detention of evidence, means of administrative violations, license, professional practicing certificate |
| 46 | MBB08 | Minutes of returning detained evidence, means, license, professional practicing certificate |
| 47 | MBB09 | Minutes of confiscation of evidence, means of administrative violations |
| 48 | MBB10 | Minutes of destroying evidence, means of administrative violations |
| 49 | MBB11 | Minutes of handing over temporarily detained individuals according to administrative procedures |
| 50 | MBB12 | Minutes of searching a person according to administrative procedures |
| 51 | MBB13 | Minutes of searching transport vehicles, objects according to administrative procedures |
| 52 | MBB14 | Minutes of searching the hiding place of administrative violation evidence, means |
| 53 | MBB15 | Minutes of verifying the details of the administrative violation case |
| 54 | MBB16 | Minutes of sealing temporarily detained evidence, means of administrative violations according to administrative procedures |
| 55 | MBB17 | Minutes of unsealing temporarily detained evidence, means of administrative violations according to administrative procedures |
See detailed contents of the Forms at Decree 97/2017/ND-CP effective from October 5, 2017.
