Types of reports on enforcement of law on handling of administrative violations in Vietnam

Types of reports on enforcement of law on handling of administrative violations in Vietnam (Internet image)

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

1. Types of reports on enforcement of law on handling of administrative violations in Vietnam

According to Clause 1, Article 3 of Circular 01/2023/TT-BTP, a report on law enforcement on handling of administrative violations includes:

- Annual reports in order to meet the requirements of general and comprehensive information to serve the state management in handling administrative violations, which are carried out in a defined cycle and repeated many times; including the content components specified in Article 5 of Circular 01/2023/TT-BTP;

- Thematic report in response to requests for in-depth information in the field of administrative violation handling in service of state management, made one or more times in a certain period of time.

Thematic report is made in the form of a legal document or an administrative document of a competent agency or person, including the components specified in Clause 2, Article 10 of Decree 09/2019/ND-CP;

- Unscheduled reports, in order to meet information requests on unscheduled issues in the field of handling administrative violations, shall be made at the request of competent agencies and persons to serve the state management.

Unscheduled reports shall be made at the request of a competent agency or person in an administrative document, including the contents specified in Clause 2 of Article 9 of Decree 09/2019/ND-CP.

2. Forms of report on enforcement of law on handling of administrative violations in Vietnam

Specifically, in Clause 1, Article 4 of Circular 01/2023/TT-BTP, the report is presented in one of the following forms:

- Report in writing (which is signed, full name of the head of the reporting agency, and stamped for release as prescribed).

The data summary forms attached to the report must be stamped border-crossing;

- Report in electronic document with a digital signature.

3. Methods of sending reports on enforcement of law on handling of administrative violations in Vietnam

The report shall be sent to the report-receiving agency by one of the methods specified in Clause 2, Article 4 of Circular 01/2023/TT-BTP, specifically as follows:

- Send directly;

- Send by postal service;

- Send by fax;

- Send via email system as an image file (PDF format) or digitally signed electronic document;

- Send through the Documenting and Operating System;

- Other methods as prescribed by law.

4. Regulations on responsibility for reporting on enforcement of law on handling of administrative violations in Vietnam

According to Article 2 of Circular 01/2023/TT-BTP, the responsibility for reporting on enforcement of law on handling of administrative violations is prescribed as follows:

- The reporting agency shall report fully, truthfully, and accurately the contents of the report outline form and report data forms specified in Article 5; and ensure the data closure time and report submission deadline as prescribed in Clauses 2 and 3, Article 3 of Circular 01/2023/TT-BTP.

- Organizations under the central government's agencies are organized vertically in the provinces and centrally-run cities, and are responsible for summarizing fully, honestly, and accurately the contents of the report outline form and reporting data forms specified in Article 5 of Circular 01/2023/TT-BTP and sending them to the superior directly managing agency to summarize and report to the Ministry of Justice, and at the same time sending them to the People's Committee of the same level where the organization is headquartered.

- Presidents of People's Committees at all levels do not aggregate reports of organizations under central agencies organized in vertical lines in their localities into reports and send them to the reporting agencies.

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