Principles of handling administrative violations in Vietnam

Principles of handling administrative violations in Vietnam (Internet image)

What is an administrative violation?

The administrative violations are acts at fault committed by individuals, organizations that break the law provisions on State management, which, however, do not constitute crimes, and as required by law, must be administratively sanctioned.

The administrative sanctions includes application of sanction forms, remedial measures with respect to individuals, organizations committing acts of administrative violations according to provisions of law on administrative sanctions which are implemented by the competent persons.

The administrative handling measures are measures applied for individuals who commit acts of law violation on security, social order and safety, however, do not constitute crimes, including measures of education at communes, wards, towns; sending to reformatories; sending to compulsory education establishments and sending to compulsory detoxification establishments .

Principles for sanctioning administrative violations in Vietnam

- 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.

Principles for application of administrative handling measures in Vietnam

- 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 the Law on Handling Administrative Violations;

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

- 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;

Cases not being administratively sanctioned in Vietnam

According to the Law on Handling Administrative Violations, these following cases shall not be administratively sanctioned:

- Commit acts of administrative violations in emergency circumstances;

- Commit acts of administrative violations due to legitimate defense;

- Commit acts of administrative violations due to unexpected events;

- Commit acts of administrative violations due to force majeure;

- The violators do not have administrative liability capacity; the violators commit administrative violations when are not sufficient age to be administratively sanctioned as regulated in point a, clause 1, Article 5 of the Law on Handling Administrative Violations.

Chau Thanh

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