Cases without decisions on administrative sanctions in Vietnam

Cases without decisions on administrative sanctions in Vietnam (Internet image)

1. Cases without decisions on administrative sanctions in Vietnam

There are no decisions on sanctioning administrative violations in Vietnam in the following cases:

(1) Cases not being administratively sanctioned specified in Article 11 of the Law on Handling Administrative Violations are as follows:

- Commit acts of administrative violations in emergency circumstances;

- Commit acts of administrative violations due to legitimate defense;

- Commit acts of administrative violations due to unexpected events;

- Commit acts of administrative violations due to force majeure;

- The violators do not have administrative liability capacity; the violators commit administrative violations when are not sufficient age to be administratively sanctioned as regulated in point a, clause 1, Article 5 of the Law on Handling Administrative Violations.

See also: Cases not being administratively sanctioned in Vietnam

(2) Failing to identify the objects of administrative violations;

(3) The statute of limitations for sanctioning administrative violations specified in Article 6 is over or the expiration of the sanctioning decisions specified in Clause 3 of Article 63 or Clause 1 of Article 66 of the Law on Handling Administrative Violations;

(4) Individuals who commit administrative violations die, are missing, or organizations committing administrative violations have been dissolved or gone bankrupt during the time of considering and issuing sanctioning decisions;

(5) Transfer dossiers of violation cases with criminal signs as prescribed in Article 62 of the Law on Handling Administrative Violations.

Note: As for administrative violations specified above, though competent persons do not issue administrative sanction decisions, they have to issue decisions to confiscate material evidence and means used for commission of administrative violations in the event that such material evidence and/or means used for commission of administrative violations are classified as those banned from storage or circulation, or those subject to a penalty imposed in a form of confiscation and remedial or relief measures prescribed by laws.

Each decision must clearly state the reasons for not issuing sanction decisions; exhibits and means used for commission of administrative violations which are confiscated; remedial or relief measures to be applied, responsibilities and duration of implementation of such measures.

Confiscation or forfeiture of exhibits and means used for commission of administrative violations, and implementation of remedial or relief measures, shall not be deemed as being subject to administrative sanctions.

(Article 65 of the Law on Handling Administrative Violations, amended in 2020)

2. The content of decisions on administrative sanctions in Vietnam

- Decisions on administrative sanctions include must include the main content as follows:

+ Location, date of making decisions;

+ Legal foundations for promulgating decisions;

+ Records of administrative violations, results of verification, written explanation of violating individuals, organizations or records of explanation meeting and other documents (if any);

+ Full name, position of decider;

+ Full name, address, occupation of violators or name, address of violating organizations;

+ Acts of administrative violations; extenuating circumstances, aggravating circumstances;

+ Articles, Clauses of applied legal documents;

+ The principal sanctioning form; additional sanctioning forms, remedial measures (if any);

+ Rights of complains, initiate lawsuits against decisions on administrative sanction;

+ Effect of decisions, time limit and place of implementation of decisions on administrative sanction, places for fine payment;

+ Full name, signatures of the persons who make decisions on administrative sanctions;

+ Responsibility for executing decisions on administrative sanctions and the coercion in case individuals, organizations are not voluntarily sanctioned.

- The time limit of decision implementation is 10 days, from the date of receiving sanctioning decisions; in case the sanctioning decisions writing the implementation time limit of more than 10 days, the implementation shall be followed according to such time limit.

- In case of issuing one decision on administrative sanctions for many individuals, organizations committing an violating act or many individuals, organizations committing many different acts of administrative violations in the same violation case, the content of violating act, sanctioning forms, levels for each individual, organization must be defined in a specific and clear way.

(Article 68 of the Law on Handling Administrative Violations, amended in 2020)

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