Coercive execution of administrative sanctioning decisions is a measure to force violators to perform their obligations. So when to apply the measure of coercive enforcement of decisions on sanctioning administrative violations in Vietnam?
Article table of contents
Regulations on coercive execution of decisions sanctioning administrative violations in Vietnam (Source Internet)
1. When to coercive execute decisions sanctioning administrative violations in Vietnam?
According to Clause 1, Article 86 of the Law on Handling of Administrative Violations 2012 (amended 2020), coercive execution of decisions sanctioning administrative violations applies to the following cases:
- Individuals, organizations sanctioned administrative violation fail to voluntarily execute the sanctioning decision;
- Individuals or organizations that commit administrative violations do not voluntarily return funds to agencies that have taken remedial measures as prescribed in Clause 5, Article 85 of the Law on Handling of Administrative Violations 2012.
2. The coercive measures for decisions on sanctioning of administrative violations in Vietnam
According to Clause 2, Article 86 of the Law on Handling of Administrative Violations 2012, coercive measures for decisions on sanctioning of administrative violations include:
- Deducting part of wages or income, deducting money from bank accounts of violating individuals, organizations;
- Distraining assets with value corresponding to the fine amount for auction;
- Collecting money, assets of subjects forced for execution of decision on sanctioning administrative violation which are kept by other individuals, organizations if after violating, individuals, organizations deliberately disperse their assets.
- Forcible application of remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations 2012 such as:
+ Forcible restoration of the initial state;
+ Forcible dismantling of works, parts of works constructed without permits or not proper with permits;
+ Forcible application of measures to overcome the environmental pollution, epidemic spreads;
+ Forcible bringing out of the territory of the Socialist Republic of Vietnam or forcible re-export of goods, articles and means;
+ Forcible destruction of goods, articles which cause harms to human health, domestic animals and cultivated plants, environment and harmful cultural products;
+ Forcible correction of false information or misleading;
+ Forcible removal of infringing elements on the goods or packaging of goods, means of trading, and articles;
+ Forcible recall of products, goods without quality guarantee;
+ 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;
+ Other remedial measures prescribed by the Government.
3. Competence to issue decisions on coercive execution of decisions sanctioning administrative violations in Vietnam
- The following persons having competent to issue decision on coercive execution .
+ President of People’s Committee at levels;
+ The police post chiefs, district-level police chiefs, directors of Fire-Fighting Police Bureaus, directors of provincial police departments, director general of the Department of Internal Political Security, director general of the Department of Economic Security, director general of Department of Cultural and Ideology Security, director general of Deparment of Information Security;
Director general of the Police Department for Administrative Management of Social Order, director general of the Police Department for Investigating Crimes on Social Order, director general of the Police Department for Investigating Crimes on Economic and Position Management Order, director general of the Police Department for Investigating Drug-related Crimes, director general of the Traffic Police Department for roadway, railway, director general of the Waterway Police Department;
Director general of the Police Department for Fire-fighting, Salvage and Rescue, director general of the Exit and Entry Management Department, director general of the Police Department for Justice Protection and Support, director general of the Police Department for Prevention and Combat of Environmental Crimes, director general of the Police Department for Prevention and Combat of Crimes Using Hi-tech;
+ Border Post chiefs, Border Guard Commanders of the Border-gate, Port, provincial-level Border Guard Commanders, Commanders of the Border Guard Fleets under the Border Guard Command; Coast Guard region commanders, director of the Coast Guard Department;
+ Customs Sub-Department heads, directors of provincial, inter-provincial Customs Deparment, directors of Post-Clearance Examination Department, directors of Anti-Smuggling Investigation Department under the General Department of Customs, director general of the General Department of Customs;
+ Directors of the Ranger Sub-Departments, directors of the Ranger Departments;
+ Directors of taxation sub-department, directors of taxation department, director general of Taxation General Department;
+ Directors of Market Management sub-Department, directors of Market Management Department;
+ Director of the Overseas Laborers Management Department, the heads of diplomatic missions, consular posts, other agencies authorized to implement consular function of Vietnam overseas
+ The titles specified in clauses 2,3 and 4 Article 46 of the Law on Handling of Administrative Violations 2012 (amended 2020);
+ Directors of Maritime Port Authorities, directors of Inland River Port Authorities, Director of Airport Authorities;
+ The court presidents of district-lavel People’s Courts, court presidents of provincial People’s Courts, court presidents of regional Miliatry Courts, court presidents of Military Zone and equivalent Courts, presidents of specialized Courts of Supreme People’s Court; directors of Civil Judgment-Executing sub-departments, directors of Civil Judgment-Executing Departments, heads of the judgment executing bureaus of the military zone or equivalent level, director general of Civil Judgment-Executing general department.
- The enforcement competent persons specified in clause 1 of Article 87 of the Law on Handling of Administrative Violations 2012 (amended 2020) may delegate for their deputies.
The delegating is just performed when the leaders being absent and must be presented in writing, in which clearly defining the delegated scope, content, time limit. The deputies being delegated must be responsible for their decisions before the leaders and before the law. The delegated persons are not allowed to further delegate or authorize for any other individual.
(According to Clauses 1 and 2, Article 87 of the Law on Handling of Administrative Violations 2012 (amended 2020))
4. Coercive execution of decisions sanctioning administrative violations in Vietnam
* Submit coercive execution decision:
- Within 02 working days, as from the day of issuing decisions sanctioning administrative violation with making records, competent persons having issued such sanctioning decisions must send to sanctioned individuals or organizations, agencies collecting fines and other relevant agencies (if any) for execution.
Coercive decision-makers organize the enforcement of their sanctioning decisions and those of their subordinates.
The sending of coercive execution decisions to relevant individuals and organizations shall comply with the provisions of Article 70 of the Law on Handling of Administrative Violations 2012.
The coercive decision must be enforced as soon as the coerced individual or organization receives the coercive decision.
* Statute of limitations for coercive execution decision:
- The statute of limitations for Statute of limitations for executing decisions sanctioning administrative violations is counted from the date of issuance of the enforcement decision to the time of termination of the enforcement effect of the decision sanctioning administrative violations specified in Clause 1, Article 74 of the Law on Handling of Violations. administrative 2012 (amended 2020);
Past this time limit, such decision or coercion shall not be executed, unless the sanctioning decision applies the sanctioning form of confiscation of material evidences and means of administrative violations, and application of remedial measures. still have to forcibly confiscate material evidences and means and apply remedial measures thereof.
* Responsibilities of agencies and organizations in coordinating the enforcement of decisions:
+ The relevant individuals, organizations have obligation to coordinate with the persons having competence issuing coercive decisions to deploy measures aiming to implement coercive decisions;
+ The People Police Forces shall ensure order and safety in process of execution of coercive decisions of the President of the People’s Committee at the same level or coercive decisions or other state agencies as required;
+ The credit institutions where opening accounts of individuals, organizations being forced for execution must retain in accounts of those individuals, organizations an amount equivalent to the payable amount of individuals, organizations at the request of persons having competence to issue coercive decisions.
If balance in deposit account is less than the amount which individuals, organizations being forced to pay, credit institutions still must retain and deduct to remit that amount.
Within 05 working days before deducting and remitting, credit institutions shall notify to individuals, organizations being forced, deducting and remitting do not need their agreement.
(According to Article 88 of the Law on Handling of Administrative Violations 2012 (amended 2020))
Quoc Dat
