Cases in Which New Administrative Penalty Decisions Are Issued

11:52, 11/07/2024

On August 18, 2017, the Prime Minister of the Government of Vietnam signed and promulgated Decree 97/2017/ND-CP amending several articles of Decree 83/2013/ND-CP detailing the implementation of certain articles and measures for the execution of the Law on Handling of Administrative Violations.

The individual who issued the Decision on Penalty must issue a new Decision on Penalty based on the following grounds:

- Violations of procedures, authority to handle administrative violations;- The administrative penalty decision falls under the provisions of Points a, b, c Clause 1 Article 65 Law on Handling of Administrative Violations;- Forgery or distortion of administrative penalty records;- Errors in content that fundamentally change the content of the decision;- Issuance of a Decision on complaint resolution leading to changes in the grounds and content of the administrative penalty decision;- Issuance of a Judgment or Decision by the Court regarding the annulment of part or all of the Decision on handling of administrative violations that were appealed.

Depending on the nature and extent of the errors, the individual who issued the Decision on Penalty must cancel part or all of the content when issuing a new Decision on Penalty.

See also Decree 97/2017/ND-CP, which took effect from October 5, 2017.

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