Contents of the decisions on administrative sanctions in Vietnam

Contents of the decisions on administrative sanctions in Vietnam (Image from the Internet)

1. Contents of the decisions on administrative sanctions in Vietnam

The contents of the decisions on administrative sanctions, as stipulated in Article 68 of the Law on Administrative Violation Handling 2012 (amended in 2020), are as follows:

- The decisions on administrative sanctions must include the following main contents:

+ Location, date, month, and year of the decision issuance;

+ Legal basis for issuing the decision;

+ Record of the administrative violation, verification results, written explanations of the individual or organization violating, or minutes of the explanation meeting and other documents (if any);

+ Full name and position of the decision issuer;

+ Full name, address, and occupation of the violator, or the name, address, and legal representative's full name and position of the violating organization;

+ Administrative violation; mitigating and aggravating circumstances;

+ Articles and clauses of legal documents applied;

+ Primary form of punishment; supplementary forms of punishment, corrective measures (if any);

+ Right to complain and sue regarding the decisions on administrative sanctions;

+ Decision’s validity, time limit, and place for implementation of the administrative violation fine, place for penalty payment;

+ Full name and signature of the person issuance of decisions on sanctioning administrative violations;

+ Responsibility for implementing the decisions on administrative sanctions and enforcement in case the individual or organization fined does not voluntarily comply.

- The period for implementing the decision is 10 days from the date the fine decision is received; if the fine decision specifies a period longer than 10 days, that period shall be adhered to.

- In the case of issuing a common decisions on administrative sanctions for multiple individuals or organizations engaging in the same violation, or multiple individuals or organizations engaging in different administrative violations in the same incident, the content of the violations and the form and level of punishment for each individual or organization must be specifically and clearly determined.

2. Regulations on issuance of decisions on sanctioning administrative violations in Vietnam

The regulations on issuance of decisions on sanctioning administrative violations in Vietnam, as stipulated in Article 67 of the Law on Administrative Violation Handling 2012, are as follows:

- In the case an individual or organization commits multiple administrative violations and is fined at the same time, only one fine decision is issued, determining the form and level of punishment for each administrative violation.

- In the case multiple individuals or organizations commit the same administrative violation, either one or multiple fine decisions can be issued to determine the form and level of punishment for each individual or organization.

- In the case multiple individuals or organizations commit different administrative violations in the same incident, either one or multiple fine decisions can be issued to determine the form and level of punishment for each violation for each individual or organization.

- The fine decision takes effect from the day it is signed, unless a different effective date is specified in the decision.

3. Regulations on sending decisions sanctioning administrative violation for execution in Vietnam

According to Article 70 of the Law on Administrative Violation Handling 2012, the regulations on sending decisions sanctioning administrative violation for execution are as follows:

- Within 2 working days from the date of issuance of decisions on sanctioning administrative violations with a record, the authorized person who issued the fine decision must send it to the fined individual or organization, the agency collecting the fine, and other relevant agencies (if any) for implementation.

- The decisions on administrative sanctions is delivered directly or sent via post using guaranteed mail, with notification to the fined individual or organization.

- In the case of direct delivery where the violating individual or organization deliberately refuses to receive the decision, the authorized person will make a record of the refusal, with confirmation from the local authority, and it is considered that the decision has been delivered.

- In the case of sending via post using guaranteed mail, if after 10 days from the date of the third postal attempt the decision is returned due to the fined individual or organization's deliberate refusal to receive it, and the decision has been posted at the residence of the individual or the headquarters of the fined organization, or there is evidence that the violator is evading receipt of the fine decision, it is considered that the decision has been delivered.

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