Expenses and charges for consideration and decision on imposition of administrative penalties in Vietnam

Expenses and charges for consideration and decision on imposition of administrative penalties in Vietnam (Internet image) 

1. Expenses and charges for consideration and decision on imposition of administrative penalties in Vietnam

According to Article 7 of Ordinance 03/2022/UBTVQH15, the expenses and charges for consideration and decision on imposition of administrative penalties in Vietnam are as follows:

- Expenses for consideration and decision on imposition of administrative penalties

+ Expenses for interpreters and translators;

+ Expenses for lawyers and legal aid assistants who protect the lawful rights and interests of the offenders;

+ Expense for assessment and other expenses as prescribed in law.

- Expenses for consideration and decision on imposition of administrative penalties specified in Clause 1 of Article 7 of Ordinance 03/2022/UBTVQH15 shall comply with the law on procedural expenses.

- Responsibility for payment for expenses for consideration and decision on imposition of administrative penalties:

+ Expenses specified at Points a and b, Clause 1 of Article 7 of Ordinance 03/2022/UBTVQH15: if the offenders who are minors, their parents or guardians make self-requests, they shall make self-payment, except for cases under other regulations of the law.

+ Expenses specified in Clause 1 of Article 7 of Ordinance 03/2022/UBTVQH15: if the Courts make requests, the Courts shall make payment, except for cases specified in Point c of Clause 3 of Article 7 of Ordinance 03/2022/UBTVQH15;

+ Expenses specified at Point b, Clause 1 of Article 7 of Ordinance 03/2022/UBTVQH15 for legal aid assistants and lawyers assigned by legal aid-providing organizations shall comply with regulations of the law on legal aid.

- The charges for issuance of copies of papers and photocopies of documents at the Courts shall comply with the law on court fees and charges.

2. Responsibility for management of consideration and decision on imposition of administrative penalties in Vietnam

According to Article 6 of Ordinance 03/2022/UBTVQH15, within the scope of its functions, tasks and powers, the Supreme People’s Court of Vietnam shall manage consideration and decision on imposition of administrative penalties of the Courts, and have the following tasks and powers:

- Take charge and cooperate in promulgation, proposal for promulgation and submission to competent agencies for promulgation of legal documents on procedures for consideration and decision on imposition of administrative penalties;

- Organize making of statistics, establish and manage the database on consideration and decision on imposition of administrative penalties;

- Take charge and cooperate in provision of guidance, training and refresher training in the implementation of the law on consideration and decision on imposition of administrative penalties;

- Inspect the observance of the law on handling of administrative violations in consideration and decision on imposition of administrative penalties of the Courts;

- Send annual reports on consideration and decision on imposition of administrative penalties of the Courts to the Ministry of Justice; direct the People's Courts at all levels to report and provide information on consideration and decision on imposition of administrative penalties as prescribed in Clause 4, Article 17 of the Law on handling of administrative violations 2012.

3. Responsibilities of individuals, agencies and organizations for consideration and decision on imposition of administrative penalties in Vietnam

Responsibilities of individuals, agencies and organizations for consideration and decision on imposition of administrative penalties in Vietnam according to Article 5 of Ordinance 03/2022/UBTVQH15 are as follows:

- Individuals, agencies and organizations shall not illegally intervene in consideration and decision on imposition of administrative penalties of the Courts.

- Within the scope of their tasks and powers, individuals, agencies and organizations shall cooperate with the Courts in consideration and decision on imposition of administrative penalties upon requests of the Courts.

- Legally effective decisions of the Courts must be executed and respected by individuals, agencies and organizations. The relevant individuals, agencies and organizations shall comply with decisions of the Courts and take responsibility to the law for their compliance.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE