Regulations on statute of limitations for handling of administrative violations according to the law in Vietnam

What are the regulations on statute of limitations for handling of administrative violations according to the law in Vietnam? - Ha Linh (Khanh Hoa, Vietnam)

Quy định về thời hiện xử lý vi phạm hành chính theo pháp luật Việt Nam

Regulations on statute of limitations for handling of administrative violations according to the law in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is an administrative violation?

According to Clause 1, Article 2 of the Law on Handling Administrative Violations 2013 (amended in 2020), 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.

2. Regulations on statute of limitations for handling of administrative violations according to the law in Vietnam

2.1. Statute of limitations for handling of administrative violations in Vietnam

Specifically, in Clause 1, Article 6 of the Law on Handling Administrative Violations 2013 (amended in 2020), the statute of limitations for administrative violation sanction is regulated as follows:

(i) The limitation period for imposition of an administrative penalty shall be 01 year, except in the following cases:

The limitation period for imposition of sanctions against administrative violations arising from the following sectors and activities: accounting; invoices; fees and charges; insurance business; price management; securities; intellectual property; construction; fishery; forestry; investigation, planning, exploration, extraction and use of water resources; oil and gas and other mining activities; environmental protection; atomic energy; management and development of houses and offices; land; levees; press; publishing; commodity production, export, import and trading; manufacturing and trading of banned and counterfeit goods; foreign worker management, the statute of limitations for sanctioning administrative violations, shall be 02 years.

The limitation period for imposition of sanctions against administrative violations arising from taxes shall be subject to laws on tax administration;

(ii) The time to calculate the statute of limitations for administrative sanctions regulated at (i) shall be regulated as follows:

- For administrative violations have ended, the statute of limitations shall be from the termination of violations.

- For administrative violations being done, the statute of limitations shall be from the time of detecting violations;

(iii) In the case of administrative sanctions for individuals transferred by proceeding agencies, the statute of limitations shall be applicable according to (i) and (ii).

The period when proceeding agencies handle, consider the case shall be included in the statute of limitations for administrative sanctions.

(iv) Within the period specified in (i) and (ii), individuals, organizations deliberately evade or obstruct the sanctioning, the statute of limitations for administrative sanctions shall be re-calculated from the time terminating the acts of evading or obstructing the sanctioning.

2.2. Statute of limitations for application of administrative handling measures in Vietnam

According to Clause 2, Article 6 of the Law on Handling Administrative Violations 2013 (amended in 2020), the statute of limitations for application of administrative handling measures is regulated as follows:

(1) The limitation period for enforcement of compulsory behavioral programs at communes, wards or townships shall be:

- 01 year starting from the date on which an individual commits any violation specified in clause 1 of Article 90 of the Law on Handling Administrative Violations 2013 (amended in 2020);

- 06 months starting from the date on which an individual commits any violation specified in clause 2 of Article 90 of the Law on Handling Administrative Violations 2013 (amended in 2020)

- 06 months starting from the date on which an individual last commits one of the acts of violation specified in clauses 3, 4 and 6 of Article 90 of the Law on Handling Administrative Violations 2013 (amended in 2020);

- 03 months starting from the date on which an individual last commits any violation specified in clause 5 of Article 90 of the Law on Handling Administrative Violations 2013 (amended in 2020);

(2) The limitation period for the compulsory sending of violators to reform schools shall be:

- 01 year starting from the date on which an individual commits any violation specified in clause 1 and 2 of Article 92 of the Law on Handling Administrative Violations 2013 (amended in 2020);

- 06 months starting from the date on which an individual commits any violation specified in clause 3 and 4 of Article 92 of the Law on Handling Administrative Violations 2013 (amended in 2020);

(3) The statute of limitations for application of measure sending to compulsory education establishments is 01 year, as from the last time of committing of one of violation acts prescribed at Clause 1, Article 94 of the Law on Handling Administrative Violations 2013 (amended in 2020);

(5) Within the limitation periods specified in point (1), (2), (3) and (4), if a violating person deliberately evades or militates against enforcement of administrative sanction measures, limitation periods shall be reset, starting from the time of abandonment of acts of evading or militating against penalties.

Thanh Rin

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