Aggravating and extenuating circumstances in handling administrative violations in Vietnam

Aggravating and extenuating circumstances in handling administrative violations in Vietnam (Internet image)

According to Article 3 of the Law on Handling of Administrative Violations 2012, principles for handling administrative violations are as follows

1.1. Principles for sanctioning administrative violations in Vietnam

Principles for sanctioning administrative violations include:

- All administrative violations must be detected and stopped in time and handled strictly and clearly, all consequences caused by administrative violations must be overcome strictly according to law provisions;

- The sanction of administrative violations must be conducted fast, with publicity, objective and proper competence, ensure fairness, in accordance to law provisions.

- The sanction of administrative violations must be based on the nature, seriousness, consequences of the violations, the subjects of violations and the extenuating as well as aggravating circumstances;

- The sanction of administrative violations shall be conducted for only administrative violations regulated by the law.

An act of administrative violation shall be sanctioned only once.

If many persons commit the same act of administrative violation, each of the violators shall be sanctioned.

If a person commits many acts of administrative violation, or administrative violation in many times he/she shall be sanctioned for each act of violation.

- The persons competent to sanction are responsible for proving administrative violations. Sanctioned individuals or organizations can self-prove or be proved by their legal representatives that they do not commit acts of administrative violations;

- For the same act of administrative violations, the fine levels for organizations are equal to 02 times compared with the fine levels for individuals.

1.2. Principles for application of administrative handling measures in Vietnam

Principles for application of administrative handling measures include:

- Individuals shall be subject to the application of other administrative handling measures only if they belong to one of the subjects prescribed in Articles 90, 92, 94 and 96 of Law on Handling of Administrative Violations 2012;

- The application of administrative handling measures must be carried out as regulated in point b, clause 1 of Article 3 of Law on Handling of Administrative Violations 2012;

- Decision on the time limits for application of administrative handling measures must be based on the nature, level, consequences of the violations, the personal identity of the violators and the extenuating as well as aggravating circumstances;

- The persons competent to application of administrative handling measures are responsible for proving administrative violations. Individuals subject to the administrative handling measures can self-prove or through their legal representatives to be proved that they do not commit acts of administrative violation;

2. Extenuating circumstances in handling administrative violations

According to Article 9 of the Law on Handling of Administrative Violations 2012, the following circumstances shall be the extenuating circumstances:

- The violators have prevented or reduced harms done by the violations or volunteer to overcome the consequences, pay compensations;

- The violators have voluntarily reported their violations, honestly repenting their mistakes; actively help authorities detect administrative violations, handle administrative violations;

- The violators commit violations in the state of being spiritually incited by other persons’ illegal acts; beyond the limits of legitimate defense; exceeding the requirements of the emergency circumstances;

- The violators commit administrative violations due to being forced to or due to their material or spiritual dependence;

- The violators are pregnant women, old and weak persons, persons suffering from ailment or disability which restrict their capacity to perceive or to control their acts;

- The violators commit violations due to particularly difficult plights not caused by themselves;

- The violations are committed due to backwardness.

- Other extenuating circumstances regulated by the Government.

3. Aggravating circumstances in handling administrative violations in Vietnam

Pursuant to Article 10 of the Law on Handling of Administrative Violations 2012, the following circumstances are aggravating circumstances:

- The administrative violations are committed in an organized manner;

- The administrative violations are committed many times or repeated;

- Inciting, dragging, using minors to commit administrative violations, forcing materially or spiritually dependent persons to commit violations;

- Using the persons who violators are clearly known as suffering from mental illness or others that cause their loss of cognitive ability or their ability to control their behaviors in order to commit the administrative violations;

- Reviling, defaming who is on duty; administrative violations as gangsters;

- Abusing one’s positions and powers to commit administrative violations;

- Taking advantage of war, natural calamity circumstances, disaster, epidemic diseases or other special difficulties of the society to commit administrative violations;

- Committing violations while serving criminal sentences or decisions on application of administrative violation handling measure;

- Continuing to commit administrative violations though the competent persons have requested the termination of such acts;

- After the violations, having committed acts of fleeing or concealing the administrative violations.

- Administrative violations of large-scale, large quantity or large value of goods;

- Administrative violations against many people, children, the elderly, people with disabilities, pregnant women.

Ngoc Nhi

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