Regulations on verifying details of administrative sanctions in Vietnam

Regulations on verifying details of administrative sanctions in Vietnam (Internet image)

1. What are administrative violations?

According to Clause 1, Article 2 of the Law on Handling Administrative Violations 2012, 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 verifying details of administrative sanctions in Vietnam

The verifying details of administrative sanctions according to Article 59 of the Law on Handling Administrative Violations 2012 is as follows:

- During the consideration of making administrative sanctioning decisions, if necessary, the persons with sanctioning competence are responsible for verifying these following details:

+ Whether or not administrative violations;

+ Individuals and organizations committing administrative violations, errors, personal identifications of violators;

+ Aggravating, extenuating circumstances;

+ The nature and extent of damage caused by administrative violations;

+ Case of without decisions on administrative sanctions specified in Clause 1, Article 65 of the Law on Handling Administrative Violations 2012;

+ The other details which are meaningful to the consideration, sanctioning decisions

During the process of consideration, making sanctioning decisions, the persons with sanctioning competence may solicit expertise. The soliciting expertise shall be conducted according to the law provisions of expertise.

- Verifying details of acts of administrative violations must be made in writing.

3. Regulations on defining the value of material evidences of administrative violations as a basis for the defining frame of fines, sanctioning competence in Vietnam

According to Article 60 of the Law on Handling Administrative Violations 2012 (amended 2020), the defining the value of material evidences of administrative violations as a basis for the defining frame of fines, sanctioning competence is as follows:

- In the case of defining the value of material evidences of administrative violations as a basis for defining the frame of fines, sanctioning competence, the competent persons who are handling cases must define the value of material evidences and must be responsible for such evaluation.

- Depending on the specific material evidence, the evaluation is based on one of the grounds in the following priority order:

+ The price listed or stated in the contract or purchase invoices or import declaration;

+ The price according to the notice of local financial agencies; in case of without price notice, the price shall be based on the market price in the localities at the time of administrative violations;

+ The cost price of material evidence if it is goods not yet been brought out for sale;

+ For the material evidences being fake goods, the price of the material evidences are the market price of the real goods or goods of the same features, technology, use at the place of detecting administrative violations.

- In case there is no basis to apply regulations in Clause 2 of Article 60 of the Law on Handling Administrative Violations 2012 to define the value of material evidences of administrative violation for defining the frame of fines, sanctioning competence, the competent persons handling that case can make decisions on temporary seizure of material evidences of administrative violation and establish an Appraisal Council.

The Appraisal Council includes the person who makes decision on temporary seizure of material evidences as the Chairman of the Council, the representative of the financial agencies of the same level and the representative of relevant professional agencies as members.

The time limit of temporary seizing material evidences to determine the value is not more than 24 hours since making the decisions on temporary seizure, in cases of extreme necessity; the time limit may be extended but must not exceed 24 hours.

All costs relating to the seizure, valuation and damages caused by the temporary seizure shall be paid by the agencies of person competent to make decision on temporary seizure. Procedure, records of temporary seizure shall be conducted according to regulations in Clause 5 and Clause 9, Article 125 of the Law on Handling Administrative Violations 2012.

- Bases for defining value and documents related to the definition of value of material evidences must be written in the dossiers of administrative sanctions.

Quoc Dat

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