What are the cases of administrative sanction without record taking in Vietnam?

What are the cases of administrative sanction without record taking in Vietnam? (Internet image)

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

1. What are the cases of administrative sanction without record taking in Vietnam?

Article 56 of the Law on handling administrative violations 2012 stipulates that administrative sanction without record taking is applicable in cases of warning or fines of up to:

- 250,000 VND for individuals;

- 500,000 VND for organizations.

The persons with sanctioning competence must make decisions of administrative sanctions on the spot.

In case administrative sanctions are detected thanks to using technical, professional equipment, means, the record must be taken.

2. Contents of the decisions of administrative sanctions on the spot in Vietnam

Clause 2, Article 56 of the Law on handling administrative violations 2012 stipulates that decisions of administrative sanctions on the spot must be written clearly the:

- Information of date of decisions;

- Full name, address of violators or name, address of violating organizations;

- Acts of violations;

- Venues of violations;

- Evidences and details related to the violation settlement;

- Full name, position of persons who make sanctioning decisions;

- Articles, clauses of applicable legal documents.

In case of fines, there must be the fine levels in the decisions.

3. Regulations on making records of administrative violations in Vietnam

Pursuant to Article 58 of the Law on handling administrative violations 2012 (amended by Clause 29, Article 1 of the Law on Amendments to Law on Handling of Administrative Violations 2020), when detecting acts of administrative violations under their respective management, competent persons on duty must promptly make written records of administrative violations, except for cases in which violations arising from failure to make such records are sanctioned as prescribed in clause 1 of Article 56 of the Law on handling administrative violations 2012.

If an administrative violation occurs aboard aircraft, a seagoing vessel or train, the pilot in command, vessel captain or trainmaster shall make a record of that administrative violation and immediately issue it over to the person authorized to sanction administrative violations whenever that aircraft, seagoing vessel or train arrives at the airport, terminal or train station.

An administrative violation record must be made at the scene of that violation. If an administrative violation record is made at the office of the person authorized to make administrative violation records or at other places, the reasons for this must be clearly stated in the record.

* An administrative violation record must contain the following main information:

- Recording time and venue;

- Information about the record maker, violating person or entity, individuals or entities involved;

- Time and location when and where the violation occurs; case or violation description;

- Testimony of the violator or representative of the violating entity, the witness, the victim or representative of the organization suffering loss or damage;

- Injunction and guarantee measures;

- Rights and duration of explanation.

Note: A administrative violation record must be made into at least 2 copies and signed by the record maker and the violator or the representative of the violating organization, unless the record is made under the provisions of Clause 7 of Article 58 of the Law on handling administrative violations 2012.

In case the violator or the representative of the violating organization does not sign the record, the record must bear the signature of the representative of the local authority of the commune where the violation occurs, or of at least 01 witness certifying the violating person or organization has not signed the record; In case there is no signature of the representative of the commune-level local authority or the witness, the reasons for this must be clearly stated in the record.

Administrative violation records can be made and sent electronically in case agencies in charge of persons having sanctioning authority, violating individuals or organizations satisfy infrastructure, technical and information requirements.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE