Extenuating and aggravating circumstances in handling administrative violations in Vietnam

Extenuating and aggravating circumstances in handling administrative violations in Vietnam (Internet image)

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

1. Extenuating circumstances in handling administrative violations in Vietnam

According to Article 9 of the Law on Handling Administrative Violations 2012, the following circumstances shall be the extenuating circumstances:

- The violators have prevented or reduced harms done by the violations or volunteer to overcome the consequences, pay compensations;

- The violators have voluntarily reported their violations, honestly repenting their mistakes; actively help authorities detect administrative violations, handle administrative violations;

- The violators commit violations in the state of being spiritually incited by other persons’ illegal acts; beyond the limits of legitimate defense; exceeding the requirements of the emergency circumstances;

- The violators commit administrative violations due to being forced to or due to their material or spiritual dependence;

- The violators are pregnant women, old and weak persons, persons suffering from ailment or disability which restrict their capacity to perceive or to control their acts;

- The violators commit violations due to particularly difficult plights not caused by themselves;

- The violations are committed due to backwardness.

- Other extenuating circumstances regulated by the Government.

2. Aggravating circumstances in handling administrative violations in Vietnam

According to Article 10 of the Law on Handling Administrative Violations 2012, aggravating circumstances include:

- The following circumstances are aggravating circumstances:

+ The administrative violations are committed in an organized manner;

+ The administrative violations are committed many times or repeated;

+ Inciting, dragging, using minors to commit administrative violations, forcing materially or spiritually dependent persons to commit violations;

+ Using the persons who violators are clearly known as suffering from mental illness or others that cause their loss of cognitive ability or their ability to control their behaviors in order to commit the administrative violations;

+ Reviling, defaming who is on duty; administrative violations as gangsters;

+ Abusing one’s positions and powers to commit administrative violations;

+ Taking advantage of war, natural calamity circumstances, disaster, epidemic diseases or other special difficulties of the society to commit administrative violations;

+ Committing violations while serving criminal sentences or decisions on application of administrative violation handling measure;

+ Continuing to commit administrative violations though the competent persons have requested the termination of such acts;

+ After the violations, having committed acts of fleeing or concealing the administrative violations.

+ Administrative violations of large-scale, large quantity or large value of goods;

+ Administrative violations against many people, children, the elderly, people with disabilities, pregnant women.

- Circumstances specified in Clause 1 of this Article in case have been defined as administrative violations shall not be considered as aggravating circumstances.

3. Time limits for being considered not yet administratively sanctioned in Vietnam

Time limits for being considered not yet administratively sanctioned according to Article 7 of the Law on Handling Administrative Violations 2012 are as follows:

- 06 months as from the date of completely serving the sanctioning-with-warning decisions, or 01 year as from the date of completely serving the other sanctioning decisions or the date of expiry of the statute of limitations for executing the sanctioning decisions, if the individuals and organizations sanctioned for administrative violations do not repeat their violations, they shall be considered not yet being administratively sanctioned.

- Two years as from the date of completely serving the decisions on application of administrative handling measures or 01 year as from the date of expiry of the statute of limitations for executing the decisions on application of administrative handling measures, if the individuals subject to the application of other administrative handling measures do not repeat acts, they shall be considered not yet subject to the application of administrative handling measures.

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