What are the regulations on the time limit for issuing penalty imposition decisions on administrative violations in case of explanations in Vietnam? – Thanh Truc (Binh Phuoc, Vietnam)
Article table of contents
Guidance on determination of time limit for issuing penalty imposition decisions on administrative violations in case of explanations in Vietnam (Internet image)
On November 1, 2022, the General Department of Customs of Vietnam issued Official Dispatch 4596/TCHQ-PC in 2022 to implement the law on handling of administrative violations.
Thus, the guidance on determination of time limit for issuing penalty imposition decisions in case of explanations in Vietnam is as follows:
Guidance on determination of time limit for issuing penalty imposition decisions on administrative violations in case of explanations in Vietnam
The time limit for issuing penalty imposition decisions in case of explanations shall comply with the provisions of Points b, c Clause 1 Article 66 of the Law on handling of administrative violations 2012 (amended in 2020), Article 17 of the Decree 118/2021/ND-CP. To be specific:
- In case the violating entity fails to send written explanations to the person competent to impose administrative penalties or fails to send a written request for extension of the time limit for providing explanations within the time limit prescribed in Clause 2 Article 61 of the Law on handling of administrative violations 2012 (amended in 2020), or relinquishes rights to explain as confirmed in the administrative violation record, the person competent to impose administrative penalties shall issue a penalty imposition decision within the time limit prescribed in Point a Clause 1 Article 66 of the Law on handling of administrative violations 2012 (amended in 2020) (i.e. 7 days from the issue date of the administrative violation record or 10 days from the issue date of the administrative violation record which must be transferred to the person competent to impose administrative penalties).
- In case the violating entity requests explanations as prescribed in Clauses 2, 3 and 4 Article 61 of the Law on handling of administrative violations 2012 (amended in 2020), the person competent to impose administrative penalties shall issue a penalty imposition decision within the time limit prescribed in Points b and c Clause 1 Article 66 of the Law on handling of administrative violations 2012 (amended in 2020).
(Point b Clause 1 Article 66 stipulates: In case the violating entity requests explanations or relevant facts must be verified as prescribed in Article 59 of this Law, the time limit for issuance of a penalty imposition decision shall be 01 month from the issue date of the administrative violation record. (Point c Clause 1 Article 66 stipulates: In case mentioned in Point b of this Clause, if the violation is extremely serious, involves complicated facts, and needs more time to carry out further verification and collection of evidence, the time limit for issuance of a penalty imposition decision shall be 02 months from the issue date of the administrative violation record).
Additionally, in case of explanations, if the person competent to impose administrative penalties does not receive any written explanations from the violating entity within the last day of the prescribed time limit for providing explanations, he/she shall issue a penalty imposition decision within the time limit prescribed in Point a Clause 1 Article 66 of the Law on handling of administrative violations 2012 (amended in 2020). If written explanations are received after issuance of the penalty imposition decision, he/she may consider modifying or validating the issued penalty imposition decision in accordance with regulations (if provided explanations are plausible).
Authority to issue decisions to enforce penalty imposition decisions on administrative violations in Vietnam
Clause 3 Article 23 of the Decision No. 166/QD-TCHQ dated January 18, 2021 of the General Department of Vietnam Customs stipulates:
“With regard to a penalty imposition decision issued by Chairperson of a provincial People’s Committee, the Director of the relevant provincial or inter-provincial Customs Department that has transferred the violation case shall assume responsibility to monitor and submit report on the implementation of that decision to the Chairperson of a provincial People’s Committee.
If a penalty imposition decision is not yet implemented within the prescribed time limit, Director of the relevant provincial or inter-provincial Customs Department shall request the Chairperson of provincial People’s Committee to issue a decision to enforce the penalty imposition decision.”
Customs agencies have recently issued decisions to enforce penalty imposition decisions issued by Chairpersons of provincial People’s Committees. Pursuant to Clause 2 Article 73, Article 87 of the Law on handling of administrative violations 2012 (amended in 2020), customs agencies are requested to comply with the authority to issue decisions to enforce penalty imposition decisions and the provisions of Clause 3 Article 23 of the Decision No. 166/QD-TCHQ dated January 18, 2021 of the General Department of Vietnam Customs.
Diem My
- Key word:
- administrative violations in Vietnam
