Enforcement of execution of sanction decisions on sanctioning administrative violations in Vietnam

Enforcement of execution of sanction decisions on sanctioning administrative violations in Vietnam

Pursuant to the Law on Handling Administrative Violations 2012 (amended in 2020), enforcement of execution of sanction decisions shall be needed in the following cases:

- The individual or organization subject to the sanction decision fails to voluntarily execute that decision as provided in Article 73 of the Law on Handling Administrative Violations 2012 (amended in 2020);

- The individual or organization subject to the sanction decision fails to voluntarily repaying expenses incurred from implementation of relief or mitigation measures prescribed in clause 5 of Article 85 of the Law on Handling Administrative Violations 2012 (amended in 2020) to authorities carrying out such measures.

The coercive measures include:

(1) Deducting part of wages or income, deducting money from bank accounts of violating individuals, organizations;

(2) Distraining assets with value corresponding to the fine amount for auction;

(3) Collecting money, assets of subjects forced for execution of decision on sanctioning administrative violation which are kept by other individuals, organizations if after violating, individuals, organizations deliberately disperse their assets.

(4) Forcible application of remedial measures specified in clause 1 Article 28 of the Law on Handling Administrative Violations 2012 (amended in 2020).

Authority to issue enforcement decisions on sanctioning administrative violations in Vietnam (Internet image)

Authority to issue enforcement decisions on sanctioning administrative violations in Vietnam

Pursuant to Article 87 of the Law on Handling Administrative Violations 2012 as amended by Clause 44, Article 1 of the Law amending law on Handling Administrative Violations 2020, the following persons accorded the authority to issue enforcement decisions:

- President of People’s Committee at any level;

- Sheriff of Police Station, Sheriff of district-level Police, Director of provincial-level Police, Director of the Economic Security Department, Director of the Police Department for Social Order Administration, Director of the Investigation Police Department for Corruption, Economic and Smuggling Crimes, Director of the Investigation Police Department for Drug Crimes, Director of the Traffic Police Department, Director of the Firefighting, Prevention and Rescue Police Department, Director of the Police Department for Prevention and Control of Environmental Crimes, Director of the Cybersecurity, Hi-tech Crimes Prevention and Control Department, Director of the Internal Political Security Department, Director of the Police Department for Management of Retention and Execution of Criminal Judgements at Community, and Commander of the Mobile Police;

- Commanding Officer of Border Guard Post, Commanders of the Border Guard Command at port border gate, Chief Commander of provincial-level Border Guard, Captains of Naval Border Guard Squadrons; Heads of Task Force Commissions for Drug and Crime Prevention and Control, Director of the Department of Drug and Crime Prevention and Control; Regional Commands of Coast Guard, the Command of Coast Guard of Vietnam;

- Director of Customs Subdepartment; Director of Post-clearance Inspection Subdepartment; Leader of Control Team of provincial, inter-provincial or municipal Customs Department; Leader of Criminal Investigation Team; Leader of Smuggling Control Team; Captain of Maritime Control Flotilla; Leader of Anti-smuggling, Counterfeit Product Control and Intellectual Property Team affiliated to the Smuggling Investigation and Prevention Department; Director of Post-clearance Inspection Sub-department as an affiliate of the Post-clearance Inspection Department, Director of the Smuggling Investigation and Prevention Department, and the Director of the General Department of Customs;

- Head of Forest Protection Station, Director of Forest Protection Sub-Department, Director of Regional Forest Protection Sub-department, Director of Forest Protection Department;

- Director of Fisheries Resources Surveillance Sub-department, Director of Fisheries Resources Surveillance Department;

- Director of Taxation Sub-department, Director of Taxation Department, Director of General Department of Taxation;

- Director of provincial-level Market Surveillance Department and Director of Department of Market Surveillance Operations affiliated to Vietnam Directorate of Market Surveillance;

- Chairperson of National Competition Committee;

- Titles of authority prescribed in clause 2, 3 and 4 of Article 46 of Article 87 of the Law on Handling Administrative Violations 2012 (amended in 2020);

- Director of Maritime Administration, Director of Airports Authority, Director of Inland Waterway Port Authority;

- Presiding Judge of district-level People's Court, Presiding Judge of provincial-level People's Court, Presiding Judge of regional People's Court, Chief Justice of Military Court of military zones and the equivalent, specialized Chief Judge of High People's Court; Director of Civil Judgment Execution Sub-Department, Director of Civil Judgment Execution Department, Head of Judgment Execution Division of the military zone, Director of General Department of Civil Judgment Execution, Director of Judgment Execution Department of the Ministry of National Defence;

- Chief Auditor;

- Heads of diplomatic missions, consular offices and other authorities vested with the authority assigned as consular officials of the Socialist Republic of Vietnam in foreign countries.

Persons having authority to enforce the execution that are prescribed in clause 1 of Article 87 of the Law on Handling Administrative Violations 2012 (amended in 2020) may delegate authority to their deputies. The delegation of authority must be documented in decisions under which the scope, details of delegated authority and term of delegated authority must be clarified.

Authorized deputies must be accountable to their heads and before laws for the exercise of their delegated authority. The authorized person shall not be entitled to re-delegate their authority to any other person.

Persons having sanctioning authority of authorities receiving and organizing the implementation of sanctioning decisions that are prescribed in Article 71 of the Law on Handling Administrative Violations 2012 (amended in 2020) shall issue decisions on enforcement of execution thereof, or request their superiors to issue decisions on enforcement of execution of sanction decisions.

Mai Thanh Loi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE