Grounds for inspection of enforcement of laws on handling of administrative violations in Vietnam

Grounds for inspection of enforcement of laws on handling of administrative violations in Vietnam (Internet image)

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

1. Grounds for inspection of enforcement of laws on handling of administrative violations in Vietnam

The grounds for inspection of enforcement of laws on handling of administrative violations in Vietnam according to Article 5 of Decree 19/2020/ND-CP are as follows:

- Periodical, area-specific or sector-based inspection approaches shall be implemented according to annual inspection plans if one of the followings comes into existence:

+ Prime Minister issues the directive for inspection;

+ The inspection is carried out upon the request of a jurisdictional ministry, ministry-level agency, People’s Committee of a province or city;

+ The inspection is carried out according to the request of legal institutions under the control of ministries or ministry-level agencies made based on the results of the monitoring of situations of implementation of laws on handling of administrative violations;

+ The inspection is carried out upon the request of the Department of Justice or the Division of Justice made based on the results achieved from the monitoring of situations of implementation of laws on handling of administrative violations;

+ The inspection is carried out in conformance to requirements for state management of handling of administrative violations;

+ There are a variety of difficulties, problems or issues arising from implementation of laws on handling of administrative violations under the remit of joint sectors, or there are some complicated cases related to such implementation.

- Unscheduled inspection approach shall be conducted in compliance with managerial requirements and actual situations if one of the followings comes into existence:

+ Prime Minister issues the directive for inspection;

+ The inspection must be carried out upon receipt of requests or recommendations from individuals or entities, or complaints from mass media agencies about the fact that laws on handling of administrative violations are enforced incorrectly, about any sign of infringement on legitimate rights and benefits of individuals and entities;

+ The inspection must be carried out when detecting problems or signs of violations after considering results achieved from studying dossiers and documents sent by agencies or persons competent to handle administrative violations or being deposited or kept in safe custody according to existing regulations;

+ The inspection must be carried out if any sign of infringement on legitimate rights and benefits of individuals and entities arising from implementation of laws on handling of administrative violations is discovered.

2. Authority to inspect the enforcement of laws on handling of administrative violations in Vietnam

Authority to inspect the enforcement of laws on handling of administrative violations in Vietnam according to Article 6 of Decree 19/2020/ND-CP is as follows:

- Ministers and heads of ministerial-level agencies shall inspect the implementation of law on handling of administrative violations in the cases prescribed at Points a, b, c, dd and e, Clause 1 and Clause 2, Article 5 of Decree 19/2020/ND-CP within their remit.

For cases specified at Point f, Clause 1, Article 5 of Decree 19/2020/ND-CP, which are of complicated nature and on an interdisciplinary and nationwide scale, the Minister of Justice shall report to the Prime Minister for consideration of issuance of decisions on designation of the agency responsible for presiding over the inspection.

Legal institutions affiliated to ministries and ministerial-level agencies shall be responsible for assisting ministers and heads of ministerial-level agencies in conducting inspections.

- The Minister of Justice shall inspect the implementation of laws on handling of administrative violations according to the provisions of Clause 1 of Article 6 of Decree 19/2020/ND-CP

The Director of Department of Management of Administrative Violations and Law Enforcement under the control of the Ministry of Justice shall be responsible for assisting the Minister of Justice in carrying out inspections.

- Presidents of provincial or district-level People's Committees shall inspect the implementation of laws on handling of administrative violations in the cases prescribed at Points a, b, c, dd and e, Clause 1 and Clause 2, Article 5 of Decree 19/2020/ND-CP within their remit.

Directors of Departments of Justice and Heads of Subdepartments of Justice shall be responsible for assisting Presidents of People's Committees of provinces and districts in conducting inspections.

- Heads of agencies and units managing persons competent to sanction administrative violations shall inspect the cases specified at Points dd and e, Clause 1 and Clause 2, Article 5 of Decree 19/2020/ND-CP.

Legal institutions or organizations with equivalent functions and tasks under the control of agencies and units managing persons competent to sanction administrative violations shall help the heads of agencies and units managing persons competent to sanction violations administrative offenders carry out inspections.

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