Cases where administrative violation sanctions must be recorded in Vietnam

Cases where administrative violation sanctions must be recorded in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Cases where administrative violation sanctions must be recorded in Vietnam

Pursuant to Clause 3, Article 12 of Decree 118/2021/ND-CP, issuing offence notices in some specific cases:

- Only one offence notice and one decision on penalties shall be issued for each administrative violation. In case a violation has been issued in writing and a decision on penalties is not issued but a violator fails to comply with requests and orders of the competent person, and still deliberately commit the violation, the competent person must apply appropriate preventive measures to terminate the violation.

Upon making the decision on penalties for such violation, the person with power to impose penalties may apply aggravating circumstances as specified in point i clause 1 Article 10 of the Law on Handling of Administrative Violations or impose penalties on the violation of failing to implement requests and orders of the competent person in case that decrees on administrative penalties in the corresponding state management fields have regulations and penalties for violations having offence notices which have been issued and decisions on penalties which have not been issued;

- In case a violator commits multiple different administrative violations in the same violation case, the competent person shall issue the offence notice, in which each violation shall be clarified;

- In case multiple violators commit an administrative violation in the same violation case, the competent person may issue one or multiple offence notice(s) for each violator. In case value of exhibits or means of administrative violation is different, the competent person must clarify the value of each violator’s exhibit or mean of violation;

- In case multiple violators commit multiple different administrative violations in the same violation case, the competent person may issue one or multiple offence notice(s), in which each violator's violation shall be clarified;

- In case a violator commits an administrative violation in multiple times, the competent person shall issue an offence notice, in which each violation and each time of violation shall be clarified.

2. Time limit for making records of administrative violations in Vietnam

Specifically, Clause 2, Article 12 of Decree 118/2021/ND-CP stipulates the time limit for issuing an offence notice:

- The offence notice shall be issued within 02 working days from the day on which the administrative violation is detected;

- For the case that consists of multiple complex circumstances or has a large scale and causes effects to legal rights and interests of organizations or individuals, the offence notice shall be issued within 05 working days from the day of detecting the administrative violation;

- If the administrative violation is detected by professionally technical equipment or it is required to determine the value of exhibits, means of the violation, assess, inspect and verify relevant details, the offence notice shall be issued within 03 working days from the day on which the violator is identified by professionally technical equipment or from the date of receiving the result of valuation of exhibits or means of the violation, assessment, inspection and verification of relevant details;

- If the administrative violation is committed on an aircraft, ship or train, a person entitled to issue offence notices or the aircraft commander, the captain or ship master shall issue a notice and transfer it to a person entitled to impose penalties for administrative violations within 02 working days from the date on which the aircraft, ship or train arrives at an airport, port or railway station;

- If a case having multiple different administrative violations, in which there is an administrative violation which is detected by professionally technical equipment or it is required to determine the value of exhibits, means of the violation, assess, inspect and verify relevant details, the offence notice shall be issued for violations in such case within 03 working days from the day on which the violator is detected by professionally technical equipment or from the date of receiving full result of valuation of exhibits or means of the violation, assessment, inspection and verification of relevant details.

3. Basic content of record of administrative violation in Vietnam

A record of administrative violation must consist of the following main contents:

- Recording time and venue;

- Full name and position of the record maker;

- Information about the violator and individuals or entities involved;

- Time and location when and where the violation occurs;

- Specific and adequate case or violation description;

- Preventive measures

- Testimony of the violator or legal or authorized representative of the violating entity;

- Testimony of the witness, the victim or representative of the organization suffering loss or damage (if any); opinions of the parents or guardian in case the violator is a minor (if any);

- Rights and time limit of explanation about the administrative violation of the violator, and authority receiving explanation of the competent person; if the violator refuses to explain, his/her opinion must be clarified in the record;

- Time and location when and where the violator or representative of the violating entity must be present to settle the case;

- Full name of the receiver, time of receiving the notice in case the record is transferred in person.

(Clause 4, Article 12 of Decree 118/2021/ND-CP)

Ho Quoc Tuan

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