New regulations of Vietnam on the prescriptive period for imposition of administrative penalties for violations against regulations on vocational education and training

New regulations of Vietnam on the prescriptive period for imposition of administrative penalties for violations against regulations on vocational education and training
Dương Châu Thanh

This is the content prescribed in Decree 88/2022/ND-CP on administrative penalties for violations against regulations on vocational education and training promulgated by the Government of Vietnam on October 26, 2022.

New regulations of Vietnam on the prescriptive period for imposition of administrative penalties for violations against regulations on vocational education and training

The time for calculating the prescriptive period for imposition of administrative penalties for violations against regulations on vocational education and training shall comply with Points b, c, and d Clause 1 Article 6 of the Law on Handling of Administrative Violations.

Specifically, the time for calculating the prescriptive period for imposition of administrative penalties is as follows:

+ Regarding administrative violations that have ended, the prescriptive period begins on the day on which the administrative violations end.

+ Regarding administrative violations that are being performed, the prescriptive period begins on the day on which such violations are detected;

- In case of administrative penalties for individuals and organizations transferred by prosecuting agencies, the prescriptive period shall comply with the regulations mentioned above.

The time for acceptance and consideration of prosecuting agencies is included in the prescriptive period for imposition of administrative penalties.

- During the time limit prescribed above, if individuals and organizations intentionally evade or obstruct the imposition of administrative penalties, the prescriptive period for imposition of administrative penalties shall be re-calculated and begin on the day on which the acts of evading or obstructing the imposition of administrative penalties end.

The determination of administrative violations that have ended or administrative violations that are being performed for calculating the prescriptive period for imposition of administrative penalties shall comply with Clause 1 Article 8 of Decree No. 118/2021/ND-CP.

Decree No.88/2022/ND-CP comes into force as of December 12, 2022 and replaces Decree No. 79/2015/ND-CP.

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