The measures to prevent administrative violations and ensure the handling thereof in Vietnam

The measures to prevent administrative violations and ensure the handling thereof in Vietnam (Internet image)

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

1. The measures to prevent administrative violations and ensure the handling thereof in Vietnam

In case need timely prevent administrative violations or in order to ensure the handling of administrative violations, the competent persons may apply the following measures according to administrative procedures:

- Custody of involved persons;

- Escorting the violator;

- Custody of material evidences and/or means of the administrative violations, permits, or professional practice certificates;

- Body search;

- Inspection of transport means and objects;

- Search of places where material evidences and/or means of administrative violations are hidden;

- Management of foreigners who have violated Vietnamese law while the expulsion procedures are carried out;

- Assigning family, organization to manage the person who is proposed to apply the administrative handling measures while the procedures for application of administrative handling measures are carried out;

- Hunting for subjects who have to serve decisions on sending to reformatories, compulsory education establishments or compulsory detoxification establishments if they escape.

(Article 119 of the Law on handling administrative violations 2012)

2. The application principles of measures to prevent administrative violations and ensure the handling thereof in Vietnam

Specifically, Article 120 of the Law on handling administrative violations 2012 stipulates the application principles of measures to prevent administrative violations and ensure the handling thereof as follows:

- When applying measures to prevent administrative violations and ensure the handling thereof, the competent persons must strictly obey by provisions on artices from 120 to 132 of the Law on handling administrative violations 2012, if violating, they shall be handled as prescribed by law.

- Just applying measures to prevent administrative violations and ensure the handling thereof in necessary cases as prescribed in Chapter II of Part four of the Law on handling administrative violations 2012.

- The person who issuring decision on applying measures to prevent administrative violations and ensure the handling thereof, must be responsible for his/her decision.

- Using weapon, supporting tools in application of measures to prevent administrative violations and ensure the handling thereof, must be comply with provisions of law.

3. Regulations on the cancellation or replacement of measures to prevent administrative violations and ensure the handling thereof in Vietnam

Pursuant to Article 121 of the Law on handling administrative violations 2012, regulations on the cancellation or replacement of measures to prevent administrative violations and ensure the handling thereof in Vietnam as follows:

- In case application of measures to prevent administrative violations and ensure the handling thereof is not conformable to purpose and application condition as prescribed by the Law on handling administrative violations 2012, the decision on application of such measure must be cancelled.

- The persons who have authority to decide application of measures to prevent administrative violations and ensure the handling thereof shall decide cancellation of measures to prevent administrative violations when such measures are not neccesary or replace them by other an other measures to prevent administrative violations.

4. Strictly prohibited acts in handling administrative violations in Vietnam

Strictly prohibited acts in handling administrative violations in Vietnam specified in Article 12 of the Law on handling administrative violations 2012 (amended 2020) include:

- Retaining violation cases with criminal signs to handle as administrative violations.

- Abusing their positions and powers to harass, demand, and receive money or property of the violators; tolerating, covering up, limiting rights of the violators during the administrative sanctions or application of administrative handling measures.

- Issuing documents contrary to the competence that regulated acts of administration violations, competence, sanctioning forms, remedial measures for each act of administrative violation in the state management sector and administrative handling measures.

- Not to sanction administrative violations, not to apply remedial measures or not to apply administrative handling measures.

- Administrative sanctions, application of remedial measures or application of administrative handling measures are not in time, justly, in proper the competence, procedures and subjects regulated in the Law on handling administrative violations 2012.

-  Identifying administrative violations incorrectly; adopting sanctioning forms, rates, and remedial or mitigation measures in an incorrect and incomplete manner with respect to administrative violations.

- Unlawful interference in the handling of administrative violations.

- Extending the application term of administrative handling measures.

- Failing to monitor, urge, inspect and take charge of enforcing the execution of sanction decisions or remedial or mitigation measures.

- Using the money from fines for administrative violations, from payment due to late execution of fine decisions, money from liquidation, sale of confiscated material evidences and/or means of administrative violations and other amount from administrative sanctions in manner contrary to the law provisions on the state budget.

- Forging, falsifying dossiers of administrative sanctions, dossiers of application of administrative handling measures.

- Infringing the life, health, honor and dignity of the violators who are administratively sanctioned, being applied administrative handling measures, being applied measures of preventing and ensuring the administrative violation handling, being applied coercive measures of executing decisions on administrative violations handling.

- Resisting, evading, delaying or obstructing the execution of the administrative sanctioning decisions, decisions on applying measures of preventing and ensuring administrative violation handling, decision on coercive measures of executing decisions on administrative violation sanction, decisions on applying administrative handling measures.

Ho Quoc Tuan

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