What is administrative violation? Regulations on statute of limitations for handling administrative violations in Vietnam

What are the regulations on the calculation of the statute of limitations for handling administrative violations in Vietnam? - Bao An (HCMC, Vietnam)


What is administrative violation? Regulations on statute of limitations for handling administrative violations in Vietnam

1. What is administrative violation?

Pursuant to Clause 1, Article 2 of the Law on Handling Administrative Violations 2012, administrative violations are defined as follows:

 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. Subjects handled for administrative violations in Vietnam

Pursuant to Article 5 of the Law on Handling Administrative Violations 2012, subjects handled for administrative violations include:

- Persons aged between full 14 and fewer than 16 shall be administratively sanctioned for intentional administrative violations;

Persons aged full 16 or older shall be administratively sanctioned for all administrative violations.

Persons of the people’s army, people’s police force, who commit administrative violations, shall be handled like other citizens;

Note: In cases where it is necessary to apply the sanctioning form of stripping off the right to use licenses, practice certificates or terminable suspension of operations related to defense and security, the sanctioning persons propose the competent agencies, people’s army, people’s police for handle;

- Organizations shall be administratively sanctioned for all administrative violations they have committed.

- Foreign individuals and organizations that commit administrative violations within the territory, the territorial waters adjacent areas, the exclusive economic zone and continental shelf of the Socialist Republic of Vietnam;

In aircrafts with Vietnamese nationality, vessels flagged with Vietnamese nationality shall be administratively sanctioned according to the provisions of Vietnamese laws, except otherwise provided for by international treaties of which the Socialist Republic of Vietnam is member.

- Subjects liable to the application of administrative handling measures are individuals defined in Articles 90, 92, 94 and 96 of Law on Handling Administrative Violations 2012.

Note: The administrative handling measures shall not apply to foreigners.

3. Statute of limitations for handling administrative violations in Vietnam

Pursuant to Article 6 of the Law on Handling Administrative Violations 2012, the statute of limitations for handling of administrative violations is as follows:

- The statute of limitations for administrative violation shall be 01 year, except from the following cases that the statute of limitations for administrative sanctions shall be 02 years:

= Administrative violations of accounting;

= Tax procedures;

= Charges, fees;

= Insurance business;

= Price management; securities;

= Intellectual property;

= Construction;

= Protecting marine product and aquatic resources;

= Forest and forest product management;

= 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 office buildings;

= Land; dykes;

= Press;

= Publication;

= Production of, export of, import of, trading goods;

= Producing and/or trading prohibited, fake goods;

= Overseas labor management.

In addition, administrative violations of tax evasion, tax fraud, late payment of tax, insufficient declaration of tax liability, the statute of limitations for administrative sanctions shall be in accordance with the tax laws;

4. Time to calculate the statute of limitations for handling administrative violations in Vietnam

- The time to calculate the statute of limitations for administrative sanctions regulated at Point a, Clause 1 of Article 6 of the Law on Handling Administrative Violations 2012 is prescribed 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;

-  In the case of administrative sanctions for individuals transferred by proceeding agencies, the statute of limitations shall be applicable according to the provisions of Points a and b of Clause 1 of Article 6 of the Law on Handling Administrative Violations 2012.

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

- Within the period specified in points a and b of Article 6 of the Law on Handling Administrative Violations 2012, 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.

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

In Clause 2, Article 6 of the Law on Handling Administrative Violations 2012, the statute of limitations for application of administrative handling measures is regulated as follows:

- The statute of limitations for application of education measures at communes, wards or towns shall be one year as from the time of committing violation acts prescribed at Clause 1, Article 90 of the Law on Handling Administrative Violations 2012;

06 months as from the time of committing violation acts prescribed at Clause 2, Article 90 or as from the last time of committing violation acts prescribed at Clause 3 and 5, Article 90;

03 months as from the time of committing violation acts prescribed at Clause 4, Article 90 of the Law on Handling Administrative Violations 2012;

b) The statute of limitations for application of measure sending to reformatories is 01 year, as from the time of committing violation act prescribed at Clause 1 and Clause 2, Article 92 of the Law on Handling Administrative Violations 2012;

06 months as from the time of committing violation act prescribed at Clause 3, Article 92 of the Law on Handling Administrative Violations 2012 or as from the last time of committing one of violation acts prescribed at Clause 4, Article 92 of the Law on Handling Administrative Violations 2012;

- 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 2012;

d) The statute of limitations for application of sending to compulsory detoxification establishments is 03 months, as from the last time of committing violation act prescribed at Clause 1, Article 96 of the Law on Handling Administrative Violations 2012.

Ngoc Nhi

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