Vietnam: No extension on deadlines for issuing decisions on sanctioning administrative violations

Vietnam: No extension on deadlines for issuing decisions on sanctioning administrative violations
Nguyễn Trinh

Recently, the National Assembly of Vietnam officially approved Amended Law on Handling of Administrative Violations 2020 .

According to Clause 34, Article 1 of Vietnam's amended Law on Handling of Administrative Violations 2020 stipulates the limitation periods for issuance of administrative sanction decisions from the date of making the administrative violation record is as follows:

  • For cases that do not fall into the 02 cases specified below, the limitation period for issuing a sanction decision shall be 07 working days from the date of making a written record of administrative violation; For cases or matters where files thereof must be transferred to persons having sanctioning authority, the limitation period for issuing a sanction decision shall be 10 working days;

  • As for cases and matters in which individuals or organizations request explanations or verification of relevant facts and details, the limitation period for issuance of a sanction decision shall be 1 month from the date of making and issuing an administrative violation record;

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     As for cases and matters that are extremely serious, involve complicated facts and details, need more time to carry out further verification and collection of evidence, the limitation period for issuance of a sanction decision shall be 02 months from the date of making and issuing an administrative violation record.

The amended law no longer provides for the extension of the time limit for issuing decisions to sanction administrative violations like Article 66 of Vietnam's Law on Handling of Administrative Violations 2012. However, in essence, the time limit for issuing sanctioning decisions is the maximum. The maximum in both regulations is two months (60 days) from the date of making the minutes of administrative violations.

Details can be found in Vietnam's amended Law on Handling of Administrative Violations 2020, effective from January 1, 2022.

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