Cases not being administratively sanctioned in Vietnam

Cases not being administratively sanctioned in Vietnam (Internet image)

1. Cases not being administratively sanctioned in Vietnam

These following cases in Vietnam shall not be administratively sanctioned:

- Commit acts of administrative violations in emergency circumstances;

Emergency circumstances are situations that individuals, organizations wish to avoid a risk which actually threatening the interests of the State, organizations, their legitimate rights and interests or legitimate rights and interests of others and with no other way, must cause a damage being smaller than damage which needs be prevented.

- Commit acts of administrative violations due to legitimate defense;

Legitimate self-defense is behaviors of individuals, aiming to protect interests of the State, organizations, their own legitimate rights, interests or legitimate rights and interests of others, they necessarily resist those who having acts violating the above-mentioned rights and interests.

- Commit acts of administrative violations due to unexpected events;

Unexpected events are events that individuals, organizations cannot foresee or are not required to foresee the consequences of their harmful acts.

- Commit acts of administrative violations due to force majeure;

Force majeure is event that happens objectively without being foreseen and cannot overcome although all necessary measures in permissible ability have been applied.

- The violators do not have administrative liability capacity; the violators commit administrative violations when are not sufficient age to be administratively sanctioned, especially:

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.

(Article 11 of the Law on Handling of Administrative Violations 2012)

2. Strictly prohibited acts when handling administrative violations in Vietnam

- Retaining violation cases with criminal signs to handle as administrative violations.

- Abusing their positions and powers to harass, demand, and receive money or property of the violators; tolerating, covering up, limiting rights of the violators during the administrative sanctions or application of administrative handling measures.

- Issuing documents contrary to the competence that regulated acts of administration violations, competence, sanctioning forms, remedial measures for each act of administrative violation in the state management sector and administrative handling measures.

- Not to sanction administrative violations, not to apply remedial measures or not to apply administrative handling measures.

- Administrative sanctions, application of remedial measures or application of administrative handling measures are not in time, justly, in proper the competence, procedures and subjects regulated in this Law.

-  Identifying administrative violations incorrectly; adopting sanctioning forms, rates, and remedial or mitigation measures in an incorrect and incomplete manner with respect to administrative violations.

- Unlawful interference in the handling of administrative violations.

- Extending the application term of administrative handling measures.

- Failing to monitor, urge, inspect and take charge of enforcing the execution of sanction decisions or remedial or mitigation measures.

- Using the money from fines for administrative violations, from payment due to late execution of fine decisions, money from liquidation, sale of confiscated material evidences and/or means of administrative violations and other amount from administrative sanctions in manner contrary to the law provisions on the state budget.

- Forging, falsifying dossiers of administrative sanctions, dossiers of application of administrative handling measures.

- Infringing the life, health, honor and dignity of the violators who are administratively sanctioned, being applied administrative handling measures, being applied measures of preventing and ensuring the administrative violation handling, being applied coercive measures of executing decisions on administrative violations handling.

- Resisting, evading, delaying or obstructing the execution of the administrative sanctioning decisions, decisions on applying measures of preventing and ensuring administrative violation handling, decision on coercive measures of executing decisions on administrative violation sanction, decisions on applying administrative handling measures.

(Article 12 of the Law on Handling of Administrative Violations 2012, as amended in 2020)

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