04 Information in the national database on handling of administrative violations in Vietnam

04 Information in the national database on handling of administrative violations in Vietnam (Internet image)

1. What is the national database on handling of administrative violations?

According to Clause 3, Article 3 of Decree 20/2016/ND-CP, the national database on handling of administrative violations means a collection of data on handling of administrative violations that are created, updated, maintained, exploited and used via electronic equipment to serve the state management of handling of administrative violations and prevention and combat of law violations.

2. 04 Information in the national database on handling of administrative violations in Vietnam

Specifically, in Article 9 of Decree 20/2016/ND-CP, Information in the national database on handling of administrative violations includes:

(1) Information on decision to sanction administrative violations:

- Subject sanctioned for administrative violation:

+ For an individual violator:

(i) Full name;

(ii) Birthdate;

(iii) Personal identification number or people’s identity card number, police identity card number or military identity card number or passport number (if any);

(iv) Gender.

+ For an institutional violator:

(i) Name of organization;

(ii) Address of head office;

(iii) Identification number (for enterprises) or investment registration certificate number/business registration certificate number;

(iv) Establishment license number/operation registration certificate number (for other organizations);

(v) Full name of at-law representative or owner of enterprise or head of organization;

- Number and date of issuance of decision to sanction administrative violation;

- Act of violation; form of sanction, sanctioning level; and consequence remedy (if any);

- Agency of person competent to sanction administrative violations; title of person issuing decision to sanction administrative violation.

(2) Information on execution of decision to sanction administrative violation and decision to apply consequence remedy (if any):

- Postponement of execution of decision on fine; suspension of execution of decision to sanction administrative violation; termination of sanction or amendment, supplementation or cancellation of decision to sanction administrative violation (if any);

- Fine reduction or exemption; payment of fine in installments (paid fine amount and unpaid fine amount, if any);

- Enforcement of decision to sanction administrative violation (if any);

- Time of complete serving of decision to sanction administrative violation;

- Complaint and lawsuit about decision to sanction administrative violation (if any).

(3) Information on application of administration handling measure:

- Full name of violator; birthdate; personal identification number or people’s identity card number or passport number (if any); gender;

- Number and date of issuance of decision to apply administrative handling measure;

- Act of violation;

- Applied administrative handling measure;

- Time limit for application;

- Postponement or exemption; reduction of duration, suspension of or exemption from serving of consignment decision for remaining duration in reformatory, compulsory education institution or compulsory detoxification establishment;

- Time of complete serving of decision to apply administrative handling measure;

- Agency or agency of person competent to decide on application of administrative handling measure;

- Complaint, lawsuit, petition about and protest against decision to apply administrative handling measure (if any).

(4) Information on application of management at home:

- Full name of minor; birthdate; personal identification number, people’s identity card number or passport number (if any); gender;

- Number and date of issuance of decision to apply management at home;

- Reason for application of management at home;

- Duration of application and date of execution of decision to apply management at home;

- Name of organization and individual participating in supervision;

- Time of termination of application of management at home (if any); reason for termination; and subsequent handling measure;

- Time of complete serving of decision to apply management at home;

- Agency of person competent to apply management at home; title of person issuing decision to apply management at home;

- Complaint and lawsuit about decision to apply management at home (if any).

3. Principles of establishment, management, exploitation and use of the national database on handling of administrative violations in Vietnam

The Principles of establishment, management, exploitation and use of the national database on handling of administrative violations in Vietnam are specified in Article 4 of Decree 20/2016/ND-CP, specifically as follows:

- To comply with the Law on Handling of Administrative Violations, the Law on Information Technology and Decree 20/2016/ND-CP.

- To ensure accuracy, completeness and timeliness.

- To clearly determine powers and responsibilities of competent agencies and persons based on their functions and tasks.

- To exploit and use information about organizations administratively sanctioned and individuals handled for administrative violations for proper purposes and ensure its confidentiality.

- To closely manage and ensure information safety and security.

Thanh Rin

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