Here are some notable contents in the 5th Draft Amendment, supplementing certain articles of the Law on Handling of Administrative Violations 2012.
Article table of contents
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This Draft stipulates that the statute of limitations for administrative sanctions is 01 year, except for such cases as administrative violations concerning judicial assistance; invoices; health insurance, social insurance, unemployment insurance, and several other cases, which will be 02 years.
To be specific, Clause 2, Article 1 of Draft No. 5 stipulates:
1. The statute of limitations for administrative sanctions is prescribed as follows:
a) The statute of limitations for administrative sanctions is 01 year, except for the following cases:
Administrative violations concerning accounting; tax procedures; fees and charges; insurance business; price management; securities; intellectual property; construction; fisheries; forestry; investigation, planning, exploration, exploitation, and use of water resources; exploration and exploitation of oil and gas and other minerals; environmental protection; atomic energy; management, development of houses and public offices; land; dikes; press; publishing; printing; production, export, import, trade of goods; production, trading of prohibited and counterfeit goods; management of overseas labor; administrative judiciary; judicial assistance; invoices; health insurance, social insurance, unemployment insurance, then the statute of limitations for administrative sanctions is 02 years.
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Thus, if Draft No. 5 is approved, the statute of limitations for sanctioning administrative violations regarding health insurance, social insurance, and unemployment insurance will be 02 years. Currently, Law on Handling of Administrative Violations 2012 and Decree 95/2013/ND-CP stipulate that the statute of limitations for this case is 01 year.
Additionally, this Draft continues to inherit and supplement regulations on the timing to calculate the statute of limitations for administrative sanctions in the Law on Handling of Administrative Violations 2012. To be specific:
- For concluded administrative violations, the statute of limitations is calculated from the time the violating acts cease;- For ongoing administrative violations, the statute of limitations is calculated from the time the violating acts are detected;- the Government of Vietnam specifically stipulates the concluded administrative violations and ongoing administrative violations in each field of state management.
See more details of Draft No. 5 HERE.
