Pháp lệnh 41-L/CTN

Ordinance No. 41-L/CTN of July 06, 1995, on the handling of violations of administrative regulations

Ordinance No. 41-L/CTN of July 06, 1995, on the handling of violations of administrative regulations đã được thay thế bởi Ordinance No. 44/2002/PL-UBTVQH10 of July 02, 2002 on handling of administrative violations và được áp dụng kể từ ngày 01/10/2002.

Nội dung toàn văn Ordinance No. 41-L/CTN of July 06, 1995, on the handling of violations of administrative regulations


THE STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 41-L/CTN

Hanoi, July 06, 1995

 

ORDINANCE

ON THE HANDLING OF VIOLATIONS OF ADMINISTRATIVE REGULATIONS

In order to prevent and combat violations of administrative regulations, maintain well security and social order and safety, strengthen the socialist law enforcement and enhance the efficiency of State management;
Pursuant to Article 91 of the 1992 Constitution of the Socialist Republic of Vietnam;
Proceeding from the Resolution of the Sixth Session of the 9th National Assembly on legislative work of 1995;
This Ordinance provides for the handling of violations of administrative regulations,

Chapter I

GENERAL PROVISIONS

Article 1.- The handling of violations of administrative regulations

1. The handling of violations of administrative regulations covered by this Ordinance includes the sanctions against violations of administrative regulations and other administrative measures to that effect.

2. The sanction against a violation of administrative regulation shall apply to an individual or organization that has committed an act of intentional or unintentional violation of State management regulations, which is not so serious as to warrant an examination for penal liability and which is required by law to be sanctioned administratively.

3. Other administrative measures shall be applied to an individual who has violated legal provisions on security and social order and safety, but whose violation is not so serious as to warrant an examination for penal liability under Articles 21, 22, 23, 24 and 25 of this Ordinance.

Article 2.- The jurisdiction in determining acts of violation of administrative regulations and setting provisions for application of other administrative measures

The Government shall determine acts of violation of administrative regulations and set sanctions against each type in each field of State management; set regimes for educating the violator at his/her local commune or ward or township, or for sending him/her to an approved school or a reformatory institution or medical center, or for placing him/her under administrative probation.

Article 3.- The principles for handling violations of administrative regulations

1. The handling of violations of administrative regulations shall be conducted by the authorized person in strict compliance with the provisions of law.

2. An individual or organization shall be sanctioned administratively when he/she/it commits an act in violation of administrative regulations as stipulated by law.

An individual shall be given administrative sanction when he/she is found in violation of one of the cases stipulated in Articles 21, 22, 23, 24 and 25 of this Ordinance.

3. All acts of violation of administrative regulations must be discovered promptly and stopped immediately. The handling of the violation must be conducted promptly and fairly; all consequences of the act of violation of administrative regulations must be redressed in compliance with the provision of law.

4. One act of violation of administrative regulations shall be given only one sanction.

An individual who commits different acts of violation of administrative regulations shall be given different sanctions for each of the acts of violation.

Many individuals who commit the same act of violation of administrative regulations shall each be given the sanction for it.

5. The handling of the act of violation of administrative regulations shall be based on the characteristics and seriousness of the violation, the personality of the offender, and the aggravating and extenuating details of the act to determine the appropriate form and measure of handling.

6. No administrative sanction shall be applied to acts of urgency, legitimate self-defense, surprise or those committed under the effect of insanity or other diseases which renders the offender unable to take consciousness of or to control his/her behavior.

Article 4.- The responsibility to prevent and combat acts of violation of administrative regulations

1. The State offices, the Vietnam Fatherland Front and its member organizations, the economic and social organizations and the units of the people's armed forces (hereafter referred to as organizations) and all citizens shall strictly obey the provisions of law on handling the acts of violation of administrative regulations; all organizations have the tasks to make their members aware of their responsibility to defend and observe the laws and regulations of social life and to take prompt measures to eliminate the causes and conditions for violations of administrative regulations within their own organizations.

2. Those who are authorized to handle acts of violation of administrative regulations must strictly observe the provisions of law on handling of violations of administrative regulations.

Strict prohibition is applied to acts of abuse of power, hassle, cover-up and unfair handling of violations of administrative regulations.

3. The People's Procuracy shall inspect the observance of law in the handling of violations of administrative regulations.

4. The People's Council, the Vietnam Fatherland Front and its member organizations and all citizens have the right to monitor the observance of law in the handling of violations of administrative regulations, to uncover and denounce all acts of violation of administrative regulations and all law-breaking acts committed by people who are authorized to handle acts of violation of administrative regulations.

Article 5.- Persons liable to sanctions for violations of administrative regulations

1. The persons liable to sanctions for violations of administrative regulations include:

a) A person who is from full 14 to under 16 years of age shall be administratively answerable only for his/her intentional acts of violation of administrative regulations; a person who is of full 16 years of age or older shall be administratively answerable for all his/her acts of violation of administrative regulations;

b) Active servicemen, reserve servicemen in training camps and people of the People's Public Security Force who commit acts of violation of administrative regulations shall be handled in the same manner as any ordinary citizen; in the event where such sanctions as the revocation of a number of operating permits are required by security or national defense concerns, the handler of the violation shall not do it directly, but shall request the authorized unit of the People's Army or Public Security to do it in acordance with its Disciplinary Code;

c) An organization shall be responsible for all acts of violation of administrative regulations committed by itself;

d) A foreign individual or organization that commits an act of violation of administrative regulations within the territory or exclusive economic zone or continental shelf of the Socialist Republic of Vietnam shall be sanctioned in accordance with the provisions of Vietnamese law on administrative sanctions, except otherwise provided for by international conventions that Vietnam has signed or acceded to.

2. The other measures of administrative sanctions stipulated in Articles 21, 22, 23, 24 and 25 of this Ordinance shall not apply to foreigners.

Article 6.- The handling of the underage offenders of administrative regulations

1. A person who is from full 14 to under 16 years of age and who commits an act of violation of administrative regulations shall be given a warning and a fine of up to 50,000 VND.

A person who is from full 16 to under 18 years of age and who commits an act of violation of administrative regulations may be given one of the administrative sanctions stipulated in Article 11 of this Ordinance; in giving him/her a fine, the authorized handler may apply a fine which is lower than the level provided for adults.

2. A person who is underage and whose violation of administrative regulation causes a material loss shall pay a compensation as provided for by law.

3. If the underage has not the money to pay the fine, his/her parent or tutor has to pay it on his/her behalf.

4. A person who is from full 12 to under 18 years old and who commits an act of violation as stipulated in Item 2, Article 22, of this Ordinance, may be sent to an approved school.

The Government shall set the appropriate reformatory regimes for persons aged from full 12 to under 15 and from full 15 to under 18.

Article 7.- The extenuating factors

The following are extenuating factors:

1. The offender of administrative regulations has acted to prevent or alleviate the damage of his/her act of violation, or has accepted to overcome the consequences and pay compensations for the losses;

2. The act of violation is committed in a state of nervous excitement caused by an unlawful act committed by another person;

3. The offender is a pregnant woman; an old and sick person; or a person who is too impaired by a disease or handicap to be fully conscious of, or to control, his/her behavior;

4. The act of violation is committed in a specially difficult circumstance which is not caused by the offender;

5. The violation is committed as a result of backwardness.

Article 8.- The aggravating factors

Only the following are considered aggravating factors:

1. The act of violation is an organized one;

2. The violation is a multiple or recidive one;

3. The offender entices underage persons into the violation, or forces persons who depend on him/her materially or spiritually to commit the violation;

4. The violation is committed in the state of drunkenness resulting from the consumption of alcohol or beer or other stimulants;

5. The violation is committed as a result of the offender's abuse of power;

6. The violation is committed as a result of the offender's taking advantage of war time conditions or a natural calamity, or other special social difficulties.

7. The violation is committed when the offender is serving a criminal sentence or an administrative sanction.

8. The violation is followed by an act of evasion of responsibility or cover-up.

Article 9.- The time limit for administrative sanctions

1. The time limit for an administrative sanction is one year from the date the violation is committed; this limit is two years for violations of administrative regulations in the fields of finance, construction, environment, housing, land, dike, publishing, export, import, migration and immigration, or for acts involving illicit trade or production, and trade of fake goods; no sanction shall be applied after the time limit is over; however, the offender is still liable to measures stipulated in Points (a), (b) and (d) of Item 3, Article 11, of this Ordinance.

2. An individual who has been prosecuted or put on trial or subjected to criminal examinations and whose case is suspended from further investigation or trial, may be subject to administrative sanction if his/her behavior contains signs of violation of administrative regulations; the effective time for this sanction is three months from the date of the decision to suspend the case.

3. Within the effective time provided for in Items 1 and 2 of this Article, if the individual or organization commits a new act of violation of administrative regulations or intentionally evades or hampers the imposition of the sanction, the effective time provided for in Items 1 and 2 of this Article shall not apply.

Article 10.- The time considered as unstained by any violation of administrative regulations

1. An individual or organization that has been sanctioned for violation of administrative regulations but that has, for more than a year from the end of the execution of the last sanction or the end of the effective time, not committed any other violation, shall be considered as having not been sanctioned administratively.

2. An individual who has been given other administrative measures and who has, for more than two years since the completion of the sanction, made real progress which is certified by the People's Committee at his/her resident commune or ward or township, shall be considered as having never been given such measures.

Chapter II

THE FORMS OF SANCTION AGAINST VIOLATION OF ADMINISTRATIVE REGULATIONS

Article 11.- The forms of sanction against violation of administrative regulations

1. For each and every his/her/its violation of administrative regulations, an individual or organization shall be subjected to one of the following forms of sanction:

a)Warning;

b) Fine.

2. Depending on the characteristics and the extent of his/her/its violation, the individual or organization may be subjected to one or more complementary sanctions in the following forms:

a) Revocation of the right to use his/her/its permit;

b) Confiscation of materials and instruments which are used in the act of violation of administrative regulations.

3. Apart from the forms of sanction provided for in Items 1 and 2 of this Article, the offending individual or organization may be subjected to one or more of the following measures:

a) Forcible restoration of the original state which has been changed by the violation of administrative regulations or forcible dismantling of architectural projects which were built without authorization;

b) Forcible implementation of measures to redress the pollution of the living environment or the spread of diseases or epidemics caused by the violation of administrative regulations;

c) Forcible compensation of up to 1,000,000 VND for damages caused by the violation of administrative regulations;

d) Forcible destruction of products which are harmful to human health or which are culturally depraved.

4. The application of sanctions for each violation of administrative regulations is specified in the legal documents on sanctions against administrative regulations.

Article 12.- Warning

Warning is applied to individuals and organizations that commit minor and first-time violations with extenuating factors. It is defined in specific documents or other forms provided for in legal documents concerning administrative sanctions.

Article 13.- Fine

1. A fine from 5,000 VND to 200,000 VND shall be applied to minor administrative violations which have caused no or minor property damages.

2. A fine from over 200,000 VND to 20,000,000 VND shall be applied to administrative violations which are not stipulated in Items 1 and 3 of this Article.

3. A fine from over 20,000,000 to 100,000,000 VND shall be applied to administrative violations which carry numerous aggravating factors concerning national security, social order and safety, economy, finance, environment, houses, land, dyke, construction, culture, information, maritime transport, aviation, research, prospecting and exploitation of oil, natural gas and other natural resources; and other fields stipulated by the Government.

Article 14.- Revocation of the right to use permits

The definite or indefinite revocation of the right to use permits shall be applied to individuals or organizations that have committed serious violations of principles on the use of permits. During the revocation of their rights to use permits, the individuals and organizations must not conduct any of the activities described in their permits.

The jurisdiction and effective time for revocation of the right to use permits shall be provided for by the Government.

Article 15.- Confiscation of materials and instruments used in the violation of administrative regulations

The confiscation of materials and instruments used in the violation of administrative regulations is the transfer to State property of the materials, money, commodity and instruments which are directly related to the acts of violation of administrative regulations.

The materials, money and instruments which are usurped by the offending individuals or organizations shall not be confiscated but returned to their owners or legal managers.

Article 16.- Forcible restoration of the original state which has been changed by the violations of administrative regulations or forcible dismantlement of unauthorized construction projects

The offending individuals and organizations must retore to the original state what has been changed by their acts of violation of administrative regulations, or must dismantle their unauthorized construction projects; if the offending individuals and organizations are not willing to undertake this obligation, the authorized personnel in administrative sanctions shall apply compulsory measures to force their compliance. All expenses for the application of compulsory measures shall be borne by the offending individuals and organizations.

Article 17.- Forcible compensation for damages caused by the violations of administrative regulations

The compensation for damages caused by the violations of administrative regulations is conducted on the basis of the agreement among the concerned parties.

As regards damages of up to 1,000,000 VND which cannot be settled among the concerned parties, the authorized personnel shall decide the levels of compensation; the damages of more than 1,000,000 VND shall be settled according to the civil proceedings procedure.

Article 18.- Forcible implementation of measures to overcome the pollution of the living environment and the spread of epidemics caused by the violations of administrative regulations

The individuals and organizations, whose acts of violation of administrative regulations cause pollution to the living environment, spread epidemics or cause disorders and disturbances, must stop those acts immediately and take measures to redress the damages; if the individuals and organizations are not willing to do so, the authorized personnel shall take compulsory measures to force the compliance. All expenses for the compulsory measures shall be borne by the offending individuals and organizations.

Article 19.- Destruction of objects which are harmful to human health and depraved cultural products.

The objects which are harmful to human health and culturally depraved and which are evidences of violations of administrative regulations, must be destroyed.

Chapter III

OTHER MEASURES OF ADMINISTRATIVE SANCTIONS

Article 20.- The other measures of administrative sanctions

1. The other measures of administrative sanctions include:

a) Education at communes, wards and townships of residence;

b) Education at approved schools;

c) Education at reformatory institutions;

d) Treatment at health centers;

e) Administrative probation.

2. The conditions for application of measures stipulated in Item 1 of this Article are specified in Articles 21, 22, 23, 24 and 25 of this Ordinance.

Article 21.- Education at communes, wards and townships of residence

A person who has repeatedly committed law-breaking acts but whose case is not so serious as to be sent to an approved school or a reformatory institution; or a drug addict or a prostitute whose case is not so serious as to be sent to a treatment center, shall be subject to education at the commune or ward or township of his/her residence for from three to six months.

The President of the People's Committee of the commune or ward or township is responsible for coordinating with local agencies and social organizations and his/her family to supervise and educate that person.

Article 22.- Education at approved school

1. An underage who has committed law-breaking acts as provided for in Item 2 of this Article shall be sent to an approved school for from six months to two years for general education, vocational education and vocational training, and to work and live under the supervision of the school.

2. The persons who are eligible for approved schools are:

a) Those who are between full 12 years and below 14 years of age and who have committed acts having the character of a serious crime provided for in the Penal Code;

b) Those who are between full 12 years and below 16 years of age, who have committed acts having the character of a lesser crime provided for in the Penal Code and who have been time and again educated by the local authority and people without showing any repentance;

c) Those who are between full 12 years and below 18 years of age, who have committed many acts of violation of administrative regulations against social order and safety and who have been time and again educated by the local authority and people without showing any repentance;

3. The Ministry of the Interior shall uniformly operate the approved schools and, in coordination with the Ministry of Education and Training, the Ministry of Labor, War Invalids and Social Affairs, the Committee for the Protection and Care of Children and other concerned agencies, to organize the operation of the approved schools in a way suitable for children aged from full 12 years to below 15 years and from full 15 years to below 18 years.

Article 23.- Education at reformatory institutions

1. Those persons who have committed acts of violation against the laws on properties of the State, economic or social organizations, foreign organizations, or property, health, honor or dignity of a Vietnamese citizen or a foreign national, who have also committed repeated violations of regulations on social order and safety which, however, are not so serious as to require examination for penal liability, and who have, for these offenses, been time and again reprimanded by local authorities and people without showing any repentance, shall be sent to reformatory institutions for education and munual labor for from six months to two years.

2. The sending of offenders to reformatory institutions shall not apply to those under 18 years old, and women above 55 years, of age and men above 60 years of age.

3. The Ministry of the Interior shall operate the reformatory institutions, and shall coordinate with the Ministry of Labor, War Invalids and Social Affairs in organizing and operating these institutions.

Article 24.- Treatment at health institutions

1. Frequent drug abusers and prostitutes who have been reprimanded by local authorities and people without showing any repentance shall be sent to health institutions for treatment, education and manual labor for from three months to one year.

2. The sending of people to health institutions for treatment shall not apply to those under 18 years of age, and women above 55 years of age, and men above 60 years of age.

3. The Ministry of Labor, War Invalids and Social Affairs shall operate these health institutions and shall coordinate with the Ministry of Health and the Ministry of the Interior in organizing, operating and maintaining these institutions.

Article 25.- Administrative probation

1. The persons who have committed offenses stipulated in Item 2 of this Article shall be compelled to reside and work in a prescribed locality, and shall be subjected to the supervision and education by the local authorities and people for from six months to two years.

2. Liable to administrative probation are those persons who have committed law-breaking acts which are harmful to national interests but which are not so serious as to be examined for penal liability.

3. Administrative probation shall not apply to persons who are under 18 years of age.

4. The Ministry of the Interior shall provide uniform direction for administrative probation.

Chapter IV

COMPETENCE IN HANDLING VIOLATIONS OF ADMINISTRATIVE REGULATIONS

Article 26.- The competence of the People's Committee of commune, ward and township in handling violations of administrative regulations

The President of the People's Committee of commune or ward or township (hereafter referred to as commune level) has the authority to order:

a) Warnings;

b) Fines of up to 200,000 VND;

c) Confiscation of tools and instruments which are employed in the violation of administrative regulations and which are valued up to 500,000 VND;

d) Forcible compensation for damages which are caused by the violation of administrative regulations and which are valued up to 500,000 VND;

e) Forcible restoration to the original state what has been changed by the violation of administrative regulations.

f) Forcible suspension of activities which cause environmental pollution or spread of epidemics or public disorder;

g) Destruction of products which are harmful to human health;

h) Education at the local commune or ward or township.

Article 27.- Competence of the People's Committee of district, provincial town and provincial city in handling violations of administrative regulations

The President of the People's Committee of district or provincial town or provincial city (hereafter referred to as district level) has the authority to order:

a) Warnings;

b) Fines of up to 10,000,000 VND;

c) Application of additional sanctions and measures stipulated in Items 2 and 3, Article 11, of this Ordinance; in cases which prescribe a revocation of the right to use permits issued by a State agency of a higher level, the President of the district People's Committee shall take decision to stop the acts of violation and propose the authorized State agency to revoke the permits.

Article 28.- Competence of the People's Committee of province or city directly under the Central Government in handling violations of administrative regulations

The President of the People's Committee of province or city directly under the Central Government (hereafter referred to as provincial level) has the authority to order:

a) Warnings;

b) Fines of up to 100,000,000 VND;

c) Sending the offender to an approved school;

d) Sending the offender to a reformatory institution;

e) Sending the offender to a health institution;

f) Placing the offender on administrative probation;

g) Application of additional sanctions and measures stipulated in Items 2 and 3, Article 11, of this Ordinance; in cases which prescribe a revocation of the right to use pemits issued by a State agency of a higher level, the President of the provincial People's Committee shall take decision to suspend the acts of violation and propose the authorized State agency to revoke the permits.

Article 29.- Competence of the police, immigration office and frontier guard in handling violations of administrative regulations

1. A soldier of the people's police and frontier guard who are on duty has the authority to order:

a) Warnings;

b) Fines of up to 100,000 VND;

2. The Chief of station or the Head of group of the authorized persons stipulated in Item 1 of this Article has the authority to order:

a) Warnings;

b) Fines of up to 200,000 VND;

c) Forcible compensation of up to 500,000 VND for damages which are caused by the violations of administrative regulations.

3) The Public Security Commander at ward level is authorized to apply measures for handling violations of administrative regulations stipulated in Article 26 of this Ordinance, except for decisions to place the offenders under education at local commune or ward or township.

4. The Public Security Commander at district level has the authority to order:

a) Warnings;

b) Fines of up to 2,000,000 VND;

c) Revocation of the right to use permits within his/her supervision, confiscation of tools and instruments which are employed in the violation of administrative regulations and application of measures provided for in Item 3, Article 11, of this Ordinance;

5) The Heads of the Police Service for administrative management of social order, traffic, fire prevention and combat, economic security, criminal offenses, immigration; the Heads of the Special Police Teams at central level; the Heads of Unattached Mobile Police Teams at company level or higher; the Heads of Border Security Stations; the Commanders of Border Sub-Regional Stations; the Heads of Border Naval Teams; and the Heads of Border Guard Stations have the authority to order:

a) Warnings;

b) Fines of up to 2,000,000 VND;

c) Revocation of the right to use permits in the fields under their jurisdiction, confiscation of tools and instruments which are employed in the violation of administrative regulations, and application of measures stipulated in Item 3, Article 11, of this Ordinance.

6) The Director of the provincial Public Security Service has the authority to order:

a) Warnings;

b) Fines of up to 20,000,000 VND;

c) Revocation of the right to use permits to operate transport means and to operate weapons and explosives, and other permits issued by the Public Security Service, confiscation of tools and instruments which are employed in the violation of administrative regulations and application of measures stipulated in Item 3, Article 11, of this Ordinance.

7. The Directors of the Police Departments for Economic Security, Fire Prevention and Combat, Criminal Offenses, Immigration, Traffic Order, Administrative Management of Social Order; the Commanders of Frontier Guards at provincial level have, within their respective jurisdiction, the authority to order:

a) Warnings;

b) Fines of up to 20,000,000 VND;

c) Revocation of the right to use permits under their jurisdiction; confiscation of tools and instruments which are employed in the violations of administrative regulations and application of measures stipulated in Item 3, Article 11, of this Ordinance.

Article 30.- Competence of the Customs Office in handling administrative regulations

1. The direct Chief of Customs Officers has the authority to order:

a) Warnings;

b) Fines of up to 200,000 VND;

2. The direct Chief of a provincial-level Customs Inspection Team and the Chief of a Frontier Customs Station have the authority to order:

a) Warnings;

b) Fines of up to 2,000,000 VND

c) Confiscation of tools and instruments which are employed in the violation of administrative regulations and which are valued up to 20,000,000 VND.

3. The Director of a provincial-level Customs Service has the jurisdiction to order:

a) Warnings;

b) Fines of up to 20,000,000 VND;

c) Revocation of the right to use permits within his/her jurisdiction, confiscation of tools and instruments which are employed in the violation of administrative regulations and destruction of products which are harmful to human health or culturally depraved.

Article 31.- Competence of the Ranger Service in handling violations of administrative regulations

1. A Ranger who is on duty has the authority to order:

a) Warnings;

b) Fines of up to 100,000 VND;

2. The Chief of a Ranger Station and the Chief of a Mobile Ranger Team have the authority to order:

a) Warnings;

b) Fines of up to 1,000,000 VND;

c) Confiscation of tools and instruments which are employed in the violation of administrative regulations and which are valued up to 10,000,000 VND.

3. The Chief of a Regional Ranger Station and the Chief of a Forest Product Inspection Team have the authority to order:

a) Warnings;

b) Fines of up to 2,000,000 VND;

c) Confiscation of tools and instruments which are employed in the violation of administrative regulations and which are valued up to 20,000,000 VND;

4. The Director of the provincial Ranger Service has the authority to order:

a) Warnings;

b) Fines of up to 5,000,000 VND;

c) Revocation of the right to use permits under his/her jurisdiction and confiscation of tools and instruments which are employed in the violation of administrative regulations.

5. The Director of the Ranger Department has the authority to order:

a) Warnings;

b) Fines of up to 20,000,000 VND;

c) Revocation of the right to use permits under his/her jurisdiction, confiscation of tools and instruments which are employed in the violation of administrative regulations and application of measures stipulated in Points (a), (b) and (c), Item 3, Article 11, of this Ordinance.

Article 32.- Competence of the Tax authority in handling violations of administrative regulations

Except for cases which carry sanctions otherwise provided for by law, the following persons have the authority to order sanctions:

1. The Tax Collector on duty has the right to order:

a) Warnings;

b) Fines of up to 100,000 VND;

2. The Chief of a Tax Station or Team has the right to order:

a) Warnings;

b) Fines of up to 200,000 VND;

3. The Director of a Regional Tax Station has the right to order:

a) Warnings;

b) Fines of up to 2,000,000 VND;

c) Confiscation of tools and instruments which are employed in the violation of administrative regulations and which are valued up to 10,000,000 VND.

 4. The Director of the Tax Department has the right to order:

a) Warnings;

 b) Fines of up to 20,000,000 VND;

c) Confiscation of tools and instruments which are employed in the violation of administrative regulations.

Article 33.- Competence of the Market-Management Service in handling violations of administrative regulations

1. The Controller on duty has the right to order:

a) Warnings;

b) Fines of up to 200,000 VND;

2. The Chief of a Market-Management Team has the right to order:

a) Warnings;

b) Fines of up to 1,000,000 VND;

c) Confiscation of tools and instruments which are employed in the violation of administrative regulations and which are valued up to 20,000,000 VND, and destruction of products which are harmful to human health or culturally depraved.

3. The Chief of a Regional Market-Management Station has the right to order:

a) Warnings;

b) Fines of up to 10,000,000 VND;

c) Revocation of the right to use permits; confiscation of tools and instruments which are employed in the violation of administrative regulations and destruction of products which are harmful to human health or culturally depraved.

4. The Director of the Market-Management Department has the right to order:

a/ Warnings;

b/ Fines of up to 20,000,000 VND;

c/ Revocation of the right to use permits; confiscation of tools and instruments which are employed in the violation of administrative regulations and destruction of products which are harmful to human health or culturally depraved.

Article 34.- Competence of the Specialized Inspection body in handling violations of administrative regulations

1. The Specialized Inspector on duty has the right to order:

a) Warnings;

b) Fines of up to 200,000 VND;

c) Confiscation of tools and instruments which are employed in the violations of administrative regulations and which are valued up to 500,000 VND, and application of measures stipulated in Points (a), (b) and (d), Item 3, Article 11, of this Ordinance.

2. The Chief Specialized Inspector and the Head of an agency which performs the function of State specialized inspection at the provincial level have the right to order:

a) Warnings;

b) Fines of up to 10,000,000 VND;

c) Revocation of the right to use permits under their jurisdiction; application of other measures as stipulated in Items 2 and 3, Article 11, of this Ordinance.

3. The Chief Specialized Inspector and the Head of an agency which performs the function of specialized inspection at ministerial level have the right to order:

a) Warnings;

b) Fines of up to 20,000,000 VND;

c) Revocation of the right to use permits under their jurisdiction; application of additional sanctions and other measures as stipulated in Items 2 and 3, Article 11, of this Ordinance.

Article 35.- Competence of the People's Court and Agency for Execution of Civil Verdicts in handling violations of administrative regulations

1. The Judge who chairs a trial has the right to order:

a) Warnings;

b) Fines of up to 100,000 VND.

2. The Enforcing Official of a Civil Verdict on duty has the right to order:

a) Warnings;

b) Fines of up to 100,000 VND;

3. The Chief of an Enforcing Team of a Civil Verdict, the Chief of a Bureau for Execution of Civil Verdicts, the Chief of a Bureau for Execution of Verdicts of Military Zone or equivalent levels, have the right to order:

a) Warnings;

b) Fines of up to 500,000 VND.

Article 36.- The mandating of competence in handling violations of administrative regulations

In the absence of, or with the mandate given by the authorized persons stipulated in Articles 26, 27 and 28, Items 3, 4, 5, 6 and 7 of Article 29, Items 2 and 3 of Article 30, Items 2, 3, 4 and 5 of Article 31, Items 2, 3 and 4 of Article 32, Items 2, 3 and 4 of Article 33, Items 2 and 3 of Article 34, and Item 3 of Article 35, of this Ordinance, his/her subordinate has the authority to handle the violations on the same level of his/her jurisdiction.

Article 37.- The principles for defining the competence in handling violations of administrative regulations

1. The People's Committees at all levels have the authority to handle violations of administrative regulations in the field of State management in their localities.

2. The specialized State-management body has the right to handle violations of administrative regulations in the field of its specialized branch.

3. In case the violation falls within the jurisdiction of different agencies, the handling shall be conducted by the agency that is the first to handle the case.

Chapter V

MEASURES TO PREVENT VIOLATIONS OF ADMINISTRATIVE REGULATIONS AND ENSURE THEIR HANDLING

Article 38.- The measures to prevent violations of administrative measures and ensure their handling

When the need arises to prevent in a timely manner violations of administrative regulations, or to ensure the handling of the violations, the authorized person may apply the following measures in accordance with administrative procedure:

a) To make temporary detention of the offender;

b) To make temporary seizure of tools and instruments employed in the violation;

c) To warrant a body search;

d) To search transport means and belongings;

e) To search hiding places of tools and instruments employed in the violation.

In applying these measures, the authorized person must strictly comply with the provisions described in Articles from 39 to 44 of this Ordinance; all violations must be handled as presribed in Article 91 of this Ordinance.

Article 39.- Temporary detention of offenders according to administrative procedure

1. The temporary detention of offenders according to administrative procedure shall apply only to cases when it is necessary to gather and investigate into important details which will serve as ground for a decision on administrative sanction, or to prevent or immediately stop acts of disturbance of public disorder.

2. The temporary detention of offenders shall not exceed 12 hours; in case of necessity, it may be prolonged but shall not exceed 24 hours from the beginning of the detention.

For offenders who violate provisions on border security or who commit acts of violation of administrative regulations in remote mountainous or island areas, the temporary detention may be further prolonged but shall not exceed 48 hours.

3. At the request of the temporarily detained offenders, the authority who makes the warrant for temporary detention must notify their families and places of work or study. If the temporary detention is applied to a juvenile offender for over six hours, his/her parents or tutor must be notified of the detention.

4. In all cases of temporary detention of offenders, there must be a written warrant, a copy of which shall be handed to the detained offenders.

5. It is prohibited to put temporarily detained offenders of administrative regulations in detention rooms reserved for criminal offenders or at places which do not have the proper hygiene and safety conditions for the temporarily detained persons.

Article 40.- The competence for temporary detention of alleged offenders according to administrative procedure

The following authorities have the authority to order temporary detention of alleged offenders according to administrative procedure:

a) Presidents of the People's Committees of communes and townships; the Commanders of Public Security Stations at ward level;

b) Commanders of Public Security Service at district level;

c) Commanders of Divisions of Public Traffic Police, Criminal Police, Economic Police, Social Order Police and Immigration at provincial level.

d) Chiefs of Special Police at central level; Commanders of Mobile and Unattached Police Units of company level or higher; Chiefs of Frontier Police Stations;

e) Chiefs of Ranger Stations;

f) Chiefs of Frontier Customs Stations;

g) Chiefs of Market-Management Teams;

h) Commanders of Sub-Regional Frontier Stations or Naval Frontier Patrol Teams or Border Posts, and Chiefs of Frontier Army Units in border and island garrisons;

i) Captains of airplanes and sea-going ships after departure of these means from ports.

In case the personnel specified in Points (a), (b), (c), (d), (e), (f), (g) and (h) of this Article are absent or not capable of performing their duty, their deputies may issue the warrant to place the presumed offenders in temporary detention in compliance with the administrative procedure.

Article 41.- Temporary seizure of tools and instruments employed in violations of administrative regulations

1. The temporary seizure of tools and instruments employed in violation of administrative regulations shall apply only to cases where it is necessary to check immediately the acts of violation or to verify details which will serve as ground for handling the violations.

The personnel stipulated in Article 40 of this Ordinance have the right to order the temporary seizure of material evidences of the violation of administrative regulations.

2. In case of necessity, the immediate chief of the combatant of the unit of the People's Police, Frontier Army, Rangers, Customs and Market Management Inspection has the right to issue the warrant for temporary seizure of material evidences of the violation of administrative regulations and, within 24 hours from the issue of the warrant, he/she shall report the cases to his/her superior chief, who is one of the personnel stipulated in Points (a), (b), (c), (d), (e), (f), (g) and (h) of Article 40 of this Ordinance, to get his/her written approval.

3. The authority who issues the warrant for temporary seizure of material evidences of the violation of administrative regulations is responsible for their keep; if they are lost, sold away, exchanged or damaged due to the fault of this authority, he/she is responsible for their compensation.

In case the material evidences of the violation of administrative regulations must be sealed, the sealing shall be done in the presence of the presumed offender or the representatives of his/her family, his/her organization, the administration and the witnesses.

4. With regard to Vietnamese currency, foreign exchange, gold, silver, the precious metals, gemstones, drugs and other materials which are to be stored according to special procedures, the storage shall be done in accordance with the provisions of law.

For material evidences of the violation of administrative regulations which are non-durable commodities or products, the authority who warrants their seizure must handle them in accordance with the provision of Item 3, Article 52, of this Ordinance.

5. Within not more than 15 days from the date of the temporary seizure, the authority who warrants the seizure must proceed with the handling of them in accordance with the measures prescribed in the concerned decision, or return them to the concerned individuals and organizations if no confiscation is applied to the temporarily seized material evidences. In case only a fine shall be applied to the offending individual or organization, the fining authority has the right to temporarily seize the vehicle permit, driving license, other travel document or the tools or instruments employed in the violation until the individual or organization has carried out the fining decision.

6. The temporary seizure of material evidences of the violation of administrative regulation must be made with a written decision, a copy of which shall be handed to the offender or a representative of the offending organization.

Article 42.- Body search according to administrative procedure

1. The body search according to administrative procedure may be conducted only when there is evidence to determine that the subject is hiding in his/her body objects, documents or instruments employed in his/her violation of administrative regulations.

2. Only those persons specified in Article 40 of this Ordinance shall have the authority to warrant a body search according to administrative procedure.

Commissioned and non-commissioned officers of the People's Public Security, Frontier Guard Corps, employees of the Ranger Corps, Customs Office and Market Inspection <%-2>Teams who are on duty, are authorized to conduct body searches according to administrative procedure when they have ground to believe that if the search is not conducted on the spot, the objects, documents or instruments employed in the violation of administrative regulations may be disposed of, or destroyed. They shall be responsible before law for their decision, and shall report immediately to the chief of their unit.

3. Before conducting a body search, the searcher shall notify the subject of his/her decision. The searcher and the searched must be of the same sex, and the search shall be done in the presence of a witness of the same sex.

4. All body searches shall be recorded in written minutes, a copy of which shall be handed to the searched.

Article 43.- Search of transport means and properties according to administrative procedure

1. The search of transport means and properties according to administrative procedure may be conducted only when there is evidence to determine that there are hidden in them objects, documents or instruments employed in the violation of administrative regulations.

2. Market Inspectors, commissioned and non-commissioned officers of the People's Public Security, Frontier Guard Corps, employees of the Ranger Corps, Customs Office, Tax Office and Inspectors who are on duty are authorized to conduct searches of the subject transport means and properties.

3. The search of transport means and properties must be done in the presence of the owner or operator and a witness; in the event of an absence of the owner or operator, two witnesses must be present.

4. All searches of transport means and properties shall be recorded in written minutes, a copy of which shall be handed to the owner or operator.

Article 44.- Search of hiding place of material evidence of the violation of administrative regulations

1. A search of the place for material evidences of the violation of administrative regulations may be conducted only when there is ground to determine that certain material evidences of the violation are being hidden in that place.

2. The Chief of a district-level Public Security Office has the right to warrant a search of a place for material evidences of the violation of administrative regulations; if the suspected place is a dwelling house, the warrant must be approved by the Head of the People's Procuracy of the same level before it may be carried out.

The Director of the Department of Economic Police, the Heads of the provincial-level Bureaus of Economic Police and Criminal Police, the Chief of a district-level Public Security Office and the Chief of a Market-Management Team have the right to warrant a search of a place for material evidences of the violation of administrative regulations when he/she has ground to believe if such a search is not conducted immediately, the material evidences may be disposed of, or destroyed, and shall be responsible before law for his/her decision; at the same time, he/she has to report the decision in writing to the office of the People's Procuracy of the same level within 12 hours from the time of the warrant.

3. The search of a place for hidden material evidences of the violation must be conducted in the presence of the owner or members of his/her family, and in the presence of two witnesses.

4. No search of a place for hidden material evidences shall be conducted at night, except for cases of emergency and for which the reasons must be described clearly in the minute.

5. All searches of places for hidden material evidences shall be recorded in minutes, a copy of which shall be handed to the owner.

Chapter VI

PROCEDURE FOR ADMINISTRATIVE SANCTIONS

Article 45.- Stoppage of the act of violation of administrative regulations

When an act of violation of administrative regulations is discovered, the authorized person to handle it must immediately order a halt to it.

Article 46.- The simplified procedure

In the event a violation of administrative regulations is given a sanction from warning to a fine of up to 20,000 VND, the authorized person who handles it must make the decision on the spot.

The decision on the fine must clearly indicate the full name and address of the offender and the fine, the place to pay the fine, and the full name of the authorized person. Copies of this decision shall be handed to the fined individual or organization and sent to the fine-collection authority.

Article 47.- Making records of the violations of administrative regulations

1. Upon discovering a violation of administrative regulations, the authorized person shall make a prompt record of it, except for cases where simplified procedure is applied.

2. The record of the violation of administrative regulations must clearly indicate its place and date of making; the full name and position of the person who makes it; the full name, address and occupation of the offending individual or organization; the place and date of the violation; the act of violation; the measures to prevent it and enforce the sanction (if any); the state of the temporarily seized material evidences (if any); the testimonies of the offenders or representatives of the offending organization; if there are witnesses, victims or representatives of the victimized organization, the record must clearly indicate their full names, addresses and testimonies.

3. The record must be made into at least two copies; signed by the record maker and the offender or representatives of the offending organization; if there are witnesses, victims or representatives of the offending organization, they are required to sign the record as well; if witnesses and victims refuse to sign the record, the reasons for their refusal must be clearly indicated in the record.

In the event the record contains more than one sheet, the specified persons in Item 3 of this Article shall sign on every sheet.

4. A copy of the completed record shall be handed to the offending individual or organization; if the record maker is not authorized to mete out a sanction, he/she shall send it to the person of authority.

Article 48.- The sanction decision

1. Within fifteen days from the date of the record on a violation of administrative regulations, the authorized person has to decide on sanctions against it; if the violation involves different complicated details, this period may be prolonged but may not exceed thirty days.

In sanctioning a person who has committed a violation of administrative regulations on different counts, the authority has to decide sanction for each and every of them; if the sanction is a fine, it shall be the sum total of the fine on each of the counts.

2. The sanction decision must clearly indicate its place and date of making; the full name and position of the decision maker; the full name and addresses of the offending individual or organization; the details related to the handling of the violation; the name of the articles of legal documents which are invoked for the sanction, the sanctioning measure; the additional sanctions, the measures to handle material evidences; the measures to overcome consequences (if any); the place and time for the sanction to be carried out, and the signature of the sanctioning authority.

The sanction decision must also indicate clearly that if the sanctioned individual or organization shall not willingly implement the sanction, it shall be forced on them; and the place and time where complaints can be lodged.

3. The sanction decision shall take effect from the date of its signing, unless otherwise provided for in the decision.

4. The sanction decision shall be sent to the offending individual or organization and the fine-collection authority within a period of three days from the date of the decision.

Article 49.- Fine procedure

1. Any fine which goes over 20,000 VND must be handled in strict accordance with the provision of Articles 47 and 48 of this Ordinance.

2. The fined individuals and organizations, including those fined on simplified procedure, shall pay their fine at places indicated in the sanction decision and, in doing so, they shall be given receipts for it.

3. The collected fine shall be placed into the State budget through its account at the State Treasury.

4. A copy of the sanction decision with fines of up to 2,000,000 VND and more must be sent to the People's Procuracy of the same level.

5. No on-the-spot collection of fine is allowed.

6. The Government shall provide details of the fine-paying procedure and the handling of the receipts and collected fines.

Article 50.- Procedure for revoking the right to use permits

1. In administering sanction in the form of revoking the right to use a permit, the administering authority shall indicate clearly in the sanction decision the name, category and serial number of the revoked permit, the effective time of the revocation and shall immediately notify the issuing office of the permit of its revocation.

2. In the event the revocation is definite, when it expires as indicated in the sanction decision, the revoking authority shall return the permit to the individual or organization that is permitted to use it.

3. When a permit is found to have been issued improperly or containing unlawful content, the sanctioning authority shall immediately seize it and at the same time notify the seizure to the proper State authority.

Article 51.- Procedure for confiscation of material evidences involved in violation of administrative regulations

1. In administering sanctions in the form of confiscation of material evidences involved in a violation of administrative regulations, the administering authority shall make a minute which indicates clearly the names, volumes and categories of the confiscated materials, their serial numbers (if any), their state of quality, the signatures of those who carry out the confiscation, the subjects of the sanction or representatives of the sanctioned organization and the witnesses.

In the event the confiscated materials have to be sealed off, the sealing must be conducted in the presence of the subjects of the sanction, representatives of the sanctioned organization and the witnesses.

2. The decision to confiscate the material evidences involved in the violation of administrative regulations, which are valued at 5,000,000 VND and more, shall be sent immediately to the People's Procuracy of the same level.

Article 52.- The handling of material evidences involved in violation of administrative regulations

1. For material evidences which are involved in violation of administrative regulations and which are to be confiscated for State Treasury, the handling authority is responsible for keeping and transferring them to the Financial Service of district or higher level. The Financial Service shall set up a Council to evaluate the confiscated materials and put them on auction. The proceedings from the auction shall be remitted to the State budget through its account at the State Treasury.

2. For material evidences which are depraved cultural products, or fake goods with no use value, or products harmful to human health and life and the environment, the handling authority shall call a Council to carry out their destruction. Depending on the nature of the material evidences, this Council shall be composed of representatives of the State office of the handling authority and other concerned authorities. The destruction of the material evidences involved in violation of administrative regulations must be recorded in minutes which shall bear the signatures of the members of the handling Council.

3. For material evidences which are commodities and products which are easily perishable, the handling authority shall make a minute of them and put them immediately on sale. The proceeds from this sale shall be remitted to the State budget through its account at the State Treasury.

4. For material evidences involved in violation of administrative regulations, with the exception of those stipulated in Items 2 and 3 or this Article, which are not clear to whom they belong, the handling authority shall make notice about them on mass media and in public postings; after a period of thirty days from the notification and public posting, if it is still impossible to identify their owner, the handling authority shall transfer them to the Financial Service of district or higher level to be handled according to the provision of Item 1 of this Article.

Article 53.- Transferring a dossier on violation of administrative regulations to examination for penal liability

When it appears that an act of violation of administrative regulations contains signs of a criminality, the handling authority shall immediately transfer the case and its dossier to the penal authority for continued handling.

Absolute prohibition applies to all acts of keeping cases with signs of criminal action for administrative sanction.

Article 54.- Executing sanctions on violation of administrative regulations

1. Individuals and organizations that are sanctioned administratively shall execute the sanctions within five days from the date the sanction decisions are delivered to them, except for cases otherwise provided by law.

2. Individuals and organizations that are sanctioned administratively and that intentionally refuse to execute the sanction decisions shall be forced to do so.

3. The sanctioned organizations shall execute the sanction decisions and, at the same time, seek to define the faults directly committed by their members while they are on their assigned duties so as to determine their responsibility and force them to compensate in accordance with the provisions of law.

Article 55.- Enforcement of the decisions to sanction violations of administrative regulations

1. Individuals and organizations that commit acts of violation of administrative regulations and that are not willing to carry out the sanction decisions handed to them shall be compelled to execute them by one of the following measures:

a) To deduct part of their salaries or income, or their bank accounts;

b) To confiscate their properties which have a total value equal to the amount spelled by the sanction and put them on auction;

c) To apply other measures to enforce the sanction decision.

2. The handling authority has the right to decide on enforcement measures and shall organize their execution.

3. The People's Police has the responsibility to execute the enforcement decision made by the People's Committee of the same level and shall, at the request of other State agencies, coordinate with them in organizing the execution of their enforcement decisions.

4. The individuals and organizations that are subject to enforcement shall bear all the expenses incurred by the execution of enforcement measures.

5. The procedures for application of enforcement measures specified in Item 1 of this Article and of the additional sanctions and other damage control measures shall be provided for by the Government.

Article 56.- Effective time for execution of sanction on violation of administrative regulations

The decision to sanction violations of administrative regulations shall expire in one year from the date of issue; the effective time specified in this Article shall not apply to cases in which the sanctioned individual or organization intentionally tries to evade and delay its execution.

Chapter VII

PROCEDURES FOR APPLICATION OF OTHER ADMINISTRATIVE MEASURES

ITEM 1. PROCEDURE FOR EDUCATION AT COMMUNE, WARD OR TOWNSHIP

Article 57.- The decision on education at commune, ward or township

1. The President of the communal People's Committee may decide on the application of education measure at the commune, ward or township to people specified in Article 21 of this Ordinance.

2. The President of the communal People's Committee shall convene a meeting with the attendance of the communal Public Security Chief, representatives of the Vietnam Fatherland Front organization of the same level and of other local branches of social organizations, and the representative of the family of the person to be locally educated, to consider the application of the re-education measures; depending on the category of the subject person, the President of the communal People's Committee shall decide whether to assign him/her to an agency, or school, or social organization and the family for control and education.

3. Copies of the decision shall be sent to the person to be educated at commune, ward or township, his/her family and the implementing agency or organization.

Article 58.- Content of the decision on education at commune, ward or township

The decision on education at commune, ward or township shall clearly indicate the date of issue; the full name and position of the issuing official; the full name, date of birth and place of residence of the person to be educated at commune, ward or township; the reasons of the decision and the legal provisions that are invoked for it; the date for the application and its effective time; and the agencies, organizations and family to execute the decision.

Article 59.- Execution of decision

The person who is subjected to education at commune, ward or township, his/her family, and the agencies and organizations assigned with the task of conducting the education are responsible for the execution of the decision. Once a month, the assigned agencies, organizations and the family are due to report the progress to the President of the communal People's Committee. If the subject person has made remarkable progress, the President of the communal People's Committee shall decide to cease the education measure.

ITEM 2. PROCEDURE FOR ENROLLING IN APPROVED SCHOOL

Article 60.- Filing of dossier to enroll subject person in approved school

1. If a juvenile delinquent needs to be enrolled in an approved school, the President of the People's Committee of the commune of residence of that person shall file a dossier, and submit it to the President of the district People's Committee.

Within a period of seven days from the reception of the dossier, the President of the district People's Committee shall have to complete the investigation, and file a request to the President of the provincial People's Committee to enroll the subject person in approved school.

If the juvenile delinquent has no permanent residence, the President of the People's Committee of the commune where that person commits the act of violation against law as stipulated in Article 22 of this Ordinance shall file a record and report it to the President of the district People's Committee.

Within a period of 10 days from the reception of the record and report, the President of the district People's Committee shall have to complete the gathering, consideration and filing of a request to the President of the provincial People's Committee to enroll the subject person in approved school.

2. The dossier comprises a brief personal history, documents related to the act of violation against law, a list of re-education measures already applied, remarks by the Public Security Service, comments by the Youth Union and Women's Union organizations and the local branch of the Committee for Protection and Care of Children, and comments of the parents or the tutor.

3. The Public Security Service has the responsibility to assist the People's Committee of the same level in the gathering and filing documents for the dossier.

Article 61.- Decision to enroll in approved school

1. The President of the provincial People's Committee shall decide on the enrollment of a person in approved school within ten days from the reception of the proposal of the Consulting Council.

2. The Consulting Council to be set up by the President of the provincial People's Committee shall comprise representatives of the leaderships of the Public Security Service, the Justice Service and the provincial Committee for Protection and Care of Children. The representative of the leadership of the Public Security Service is the standing member of the Consulting Council.

3. Within a period of 20 days from the reception of the dossier, the Consulting Council shall meet to review the dossiers and file a report to the President of the provincial People's Committee to decide on the enrollment of the subject persons in approved school.

The meeting of the Consultant Council shall be attended by a representative of the People's Procuracy of the same level.

4. The decision to enroll a person in approved school shall be sent to that person, his/her parents or tutor, the Public Security service of the province and commune of his/her residence.

For a person without a permanent residence, the decision to enroll him/her in approved school shall be sent to the President of the People's Committee of the district where the dossier is filed.

Article 62.- Content of the decision to enroll a person in approved school

The decision to enroll a person in approved school must clearly indicate the date of issue; the full name and position of the issuing authority; the full name, date of birth, place of residence of the subject person; the reasons; the legal provisions that are invoked; and the effective time and place of execution of the decision.

The decision must also indicate clearly the right to complaint of the person to be enrolled in approved school, and the place and time to lodge a complaint.

Article 63.- Execution of the decision to enroll a person in approved school

1. Within five days from the date of issue of the decision, the provincial Public Security service shall have to coordinate with the family or tutor to bring the subject person to the approved school.

2. The time of execution of the decision is counted from the date the subject person starts implementing the decision at the approved school.

During the period of execution of the decision, the subject person shall be subjected to the control of the school.

Article 64.- Postponement or exemption of execution of the decision to enroll in approved school

1. The person who has been placed in an approved school shall be given postponement or exemption of execution of the decision in one of the following circumstances:

a) He/she is critically ill, as certified by a hospital of district level or higher;

b) His/her family is running into special difficulties and he/she has put forth a proposal to the effect which is endorsed by the President of the People's Committee of the commune where he/she resides.

2. When the conditions for the postponement or exemption of execution of the decision no longer exist, the execution shall resume; if during the postponement or exemption, the subject person shows good conduct in the observance of law or makes a meritorious deed, he/she may be exempted from resuming the execution of the decision.

3. In the cases specified in Items 1 and 2 of this Article, the President of the People's Committee of the commune where he/she resides shall file a report to the President of the district People's Committee. Within five days from the reception of the report, the President of the district People's Committee shall have to complete the consideration and propose to the President of the provincial People's Committee to decide on postponing or exempting the execution of the decision.

Article 65.- Reduction of the term or temporary suspension of the execution

1. The person who has been in the approved school for half of the time of his/her term and who has made clear progress or recorded a meritorious deed, is eligible for consideration to reduce the term.

2. In the event the subject person falls critically ill or suffers from acute ailment while staying at approved school, he/she may be temporarily suspended from the execution of the decision to be hospitalized, or returned to his/her family for treatment.

3. The Minister of the Interior shall decide on the reduction of term or the temporary suspension of the execution of the sanction decision at approved school on the basis of the proposal by the school. This decision shall be sent to the People's Committee of the province where the sanction decision is made.

Article 66.- Expiration of the execution of reformatory measures

When the execution of reformatory measures expires, the approved school shall issue to the subject person a certificate to the effect that he/she has completed the implementation of the reformatory measure, and send a copy of this certificate to the People's Committee of the province where the sanction decision is made, the People's Committee of the district where the sanction decision is proposed, the People's Committee of the commune where he/she resides, and also a notice to his/her family.

ITEM 3. PROCEDURE FOR ADMISSION INTO RE-EDUCATION INSTITUTION

Article 67.- Filing a proposal for sending a person to re-education institution

1. For a person who needs to be sent to a re-education institution, the President of the People's Committee of the commune where that person resides shall consider and file a dossier to the President of the district People's Committee.

Within seven days from the reception of the dossier, the President of the district People's Committee shall have to complete investigation and propose in writing the admission of the subject person into re-education institution to the President of the provincial People's Committee.

For a person who has no permanent residence, the President of the People's Committee of the commune where the subject person who has committed acts of violation against law as described in Article 23 of this Ordinance shall file a minute and report to the President of the district People's Committee for consideration and filing a dossier.

Within ten days from the reception of the minute and report, the President of the district People's Committee shall gather, consider, file and send a dossier along with a proposal to send the subject person to re-education institution to the President of the provincial People's Committee.

2. The dossier shall comprise a brief personal history of the subject person, documents on his/her law-breaking acts, the re-education measures already applied and comments by the Public Security Service and the concerned local social organizations.

3. The Public Security Service is responsible for assisting the People's Committee of the same level in gathering information and data for the dossier.

Article 68.- Decision on admission into a re-education institution

1. The President of the provincial People's Committee shall decide on the sending of the subject person to a re-education institution within ten days from the reception of the proposal by the Consulting Council.

2. The Consulting Council to be set up by the President of the provincial People's Committee shall comprise representatives of the leaderships of the Public Security Service, the Justice Service, the Labor, War Invalids and Social Affairs Service and the Provincial Committee of the Vietnam Fatherland Front. The representative of the Public Security Service is the standing member of the Consulting Council.

3. Within thirty days from the reception of the dossier, the Consulting Council shall meet to review the dossiers and file a proposal to the President of the provincial People's Committee for decision.

The meeting of the Consulting Council shall be attended by a representative of the People's Procuracy of the same level.

4. The decision to send a person to a re-education institution shall be sent to that person, the provincial Public Security Service, the district People's Committee and the People's Committee of the commune where he/she resides.

Article 69.- Content of the decision to send a person to a re-education institution

The decision to send a person to a re-education institution shall clearly indicate the date of issue; the full name and position of the issuing authority; the full name, date of birth, occupation and residence of the subject person; the reasons; the legal provisions and documents that are invoked; and the time and place for the execution.

The decision shall clearly indicate the right to complaint of the subject person, and the place and time for lodging his/her complaints.

Article 70.- Execution of the decision to send a person to re-education institution

1. Within five days from the date of issue of the decision, the provincial Public Security Service shall organize the introduction of the subject person to the re-education institution.

2. The effective time for the execution of the decision to send a person to a re-education institution is counted from the date that person starts executing it at the institution.

During the period of the execution of the decision, the subject person shall be subject to the control of the institution.

Article 71.- Postponement or exemption of the execution of the decision to send a person to a re-education institution

1. The person subject to the administrative sanction measure of placement at a re-education institution may be allowed to postpone the execution of the measure in one of the following circumstances:

a) He/she is critically ill, as certified by a hospital of district or higher level;

b) She is pregnant, as certified by a hospital of district or higher level; or is a nursing mother with a child of less than 12 months of age;

c) His/her family is running into special difficulties and he/she has made a proposal to this effect which has been endorsed by the People's Committee of the commune where he/she resides.

2. When the conditions for the postponement no longer exist, the execution of the sanction decision shall resume; if during the postponement, the subject person has shown clear progress in the observance of law or recorded a good feast, he/she may be exempted from continuing the execution of the sanction decision.

3. In the cases stipulated in Items 1 and 2 of this Article, the President of the People's Committee of the commune where the subject person resides shall file a report to the President of the district People's Committee. Within five days from the reception of the report, the President of the district People's Committee shall consider and propose the President of the provincial People's Committee to postpone or exempt the execution of the sanction decision.

Article 72.- Reduction of term and suspension of the execution of the sanction measure of placement in re-education institution

1. The subject person at a re-education institution who has gone through a half <%-2>of the time of his/her term and who has made clear progress or recorded a meritorious deed may be considered for a reduction of the term.

2. In the event the subject person falls critically ill or suffers from acute ailment during his/her stay at the institution, he/she shall be temporarily suspended from the execution of the sanction decision to be hospitalized or returned to his/her home for treatment.

3. The Minister of the Interior shall decide on the reduction of the term or the temporary suspension of the execution of the sanction decision on the basis of the proposal of the Director of the institution. This decision shall be sent to the President of the People's Committee of the province where the sanction decision is made.

Article 73.- Expiration of the execution of the placement at a re-education institution

When the term for a person to stay at a re-education institution has expired, the institution shall issue him/her a certificate to the effect that the person has completed the execution of the sanction, and send copies of this certificate to the People's Committee of the province where the sanction decision is made, the People's Committee of the district where the sanction decision is proposed and the People's Committee of the commune where he/she resides, and a notice to his/her family.

ITEM 4. PROCEDURE FOR ADMISSION INTO MEDICAL CENTER

Article 74.- Filing of dossier for a person to be taken into a medical center

1. For a person to be taken into a medical center, the President of the People's Committee of the commune where that person resides shall consider and file a dossier to be sent to the President of the district People's Committee.

Within seven days from the reception of the dossier, the President of the dist<%-2>rict People's Committee shall have to complete the investigation and file a proposal to send the subject person to a medical center for submission to the President of the provincial People's Committee.

For a person who has no permanent residence, the People's Committee of the commune where that person commits acts of violation against law, as stipulated in Article 24 of this Ordinance, shall file a minute and report to the district People's Committee.

Within ten days from the reception of the minute and report, the President of the district People's Committee shall review, consider and file a dossier to propose that the subject person be taken into a medical center for submission to the President of the provincial People's Committee.

2. The dossier shall comprise a brief personal history of the subject person, medical records and documents related to the law-breaking acts of that person, documents on the measures already applied, and comments by the Medical Service, the Public Security Service and by the concerned social organizations.

3. The Labor, War Invalids and Social Affairs Service is, together with the Public Security and Health Services, responsible for assisting the People's Committee of the same level in gathering documents to file the dossier.

Article 75.- Decision to take a person into medical center

1. The President of the provincial People's Committee decides the sending of a person to a medical center within ten days from the reception of the written proposal by the Consulting Council.

2. The Consulting Council to be set up by the President of the provincial People's Committee shall comprise representatives of the leaderships of the Labor, War Invalids and Social Affairs Service, the Public Security Service, the Justice Service and the Provincial Committee of the Vietnam Women's Union. The representative of the Labor, War Invalids and Social Affairs Service is the standing member of the Consulting Council.

3. Within thirty days from the reception of the dossier, the Consulting Council shall meet to review and file a proposal to submit to the President of the provincial People's Committee for decision.

The meeting of the Consulting Council shall be attended by a representative of the People's Procuracy of the same level.

4. The decision to take a person into a medical center shall be sent to that person, the provincial Labor, War Invalids and Social Affairs Service and Public Security Service, the district People's Committee and the People's Committee of the commune where that person resides.

Article 76.- Content of the decision to take a person into a medical center

The decision to take a person into a medical center shall clearly indicate the date of issues; the full name and position of the issuing authority; the full name, date of birth, occupation and residence of the person to be taken into medical center; the reasons; the legal provisions and documents that are invoked; and the time and place for the execution.

The decision shall clearly indicate the right to complaint of the subject person; and the time and place for him/her to lodge complaints.

Article 77.- Execution of the decision to take a person into a medical center

1. Within five days from the issue of the decision, the provincial Public Security Service is responsible for organizing the taking of the subject person into the medical center.

2. The term for execution of the decision to take a person into a medical center is counted from the day that person starts executing the decision at the medical center.

During the execution of the decision, the subject person shall be subject to the control of the center.

Article 78.- Expiration of the execution of the decision to take a person into a medical center

When the term of the execution of the decision expires, the Director of the center shall issue the subject person a certificate to the effect that he/she has completed the execution of the decision and send copies of the certificate to the People's Committee of the province where the decision is made, the People's Committee of the district where the decision is proposed, the People's Committee of the commune where the subject person resides, the Health Service and the Public Security Service where dossiers of the subject person are kept, and a notice to his/her family.

ITEM 5. PROCEDURE OF ADMINISTRATIVE PROBATION

Article 79.- Filing a proposal for administrative probation

1. For a person who needs to be put on administrative probation, the President of the People's Committee of the district where that person resides shall file a dossier to submit to the President of the provincial People's Committee for decision.

2. The dossier shall comprise a brief personal history of the subject person, documents on his/her law-breaking acts, comments by the district Public Security Service, the organization of the Vietnam Fatherland Front of the same level and the People's Committee of the commune where the subject person resides.

3. The district Public Security Service and the communal People's Committee are responsible for assisting the President of the district People's Committee in gathering information and data and filing the dossier.

Article 80.- Decision on administrative probation

1. The President of the provincial People's Committee shall decide on the imposition of administrative probation on the subject person within ten days from the reception of the proposal by the Consulting Council.

2. The Consulting Council to be set up by the President of the provincial People's Committee shall comprise representatives of the leaderships of the Public Security Service, the Justice Service and the Povincial Committee of the Vietnam Fatherland Front. The representative of the Public Security Service is the standing member of the Consulting Council.

3. Within thirty days from the reception of the dossier, the Consulting Council shall meet to review the dossiers and file a proposal to the President of the provincial People's Committee for decision.

The meeting of the Consulting Council shall be attended by a representative of the People's Procuracy of the same level.

4. The decision to impose administrative probation on a person shall be sent to that person, the district People's Committee and the Public Security Service of the same level, the People's Committee of the commune where he/she resides and the place where the probation is to be carried out.

Article 81.- Content of the decision to put a person on administrative probation

The decision to impose administrative probation on a person shall clearly indicate the date of issue; the full name and position of the issuing authority; the full name, date of birth, occupation and residence of the subject person; the reasons; the legal provisions and documents that are invoked; and the time and place for the execution.

The decision shall clearly indicate the right to complaint of the subject person and the place and time for lodging his/her complaints.

Article 82.- Execution of the decision to place a person on administrative probation

1. The effective time for the execution of the administrative probation is counted from the date that person starts executing it. During the execution of the decision, the subject person shall be subject to the control and education by the communal authorities and people in the locality where he/she executes the decision on administrative probation.

2. The President of the People's Committee of the commune where the subject person executes the decision on administrative probation is responsible for controlling and educating the subject person; every three months, he/she shall report to the President of the district People's Committee where the dossier is filed so that the latter may report to the President of the provincial People's Committee.

Article 83.- Reduction of term for administrative probation

1. The subject person who has served half of his/her term on administrative probation and who has made clear progress in law observance or recorded a meritorious deed may be considered for a reduction of the term.

2. The President of the provincial People's Committee where the decision on administrative probation is made is authorized to reduce the term for administrative probation on the subject person on the basis of the proposal of the President of the district People's Committee where the dossier is filed.

Article 84.- Expiration of the administrative probation

When the term for administrative probation has expired, the President of the People's Committee of the commune where the probation is executed shall issue the subject person a certificate to the effect that he/she has completed the administrative probation, and send copies of this certificate to the People's Committee of the province where the sanction decision is made, the People's Committee of the district where the dossier is filed.

ITEM 6. CONTROLLING LAW OBSERVANCE IN THE APPLICATION OF OTHER ADMINISTRATIVE MEASURES

Article 85.- Responsibility of the People's Procuracy toward the application of other administrative measures

1. The People's Procuracy shall supervise the observance of law in the process of filing dossiers, making and executing decisions on application of other administrative measures.

2. The decisions to place a person in approved school, re-education institution, medical center, or on administrative probation, and the other decisions concerning the implementation of measures described in this Item must be sent to the People's Procuracy of the same level within three days from the date of issue of the decision.

Article 86.- The right to protest of the People's Procuracy over the application of other administrative measures

When signs of violations against law are detected in the application of other administrative measures, the People's Procuracy shall lodge its protest against the authority that issues the decision, or the organization that executes it. Within fifteen days from the reception of the protest, the issuing authority or executing organization shall have to complete the review and reply in writing to the People's Procuracy.

In the event the People's Procuracy does not agree with the content of the written reply on the application of other administrative measures from the issuing authority or executing organization, it shall report the case to the Chief of the Supreme People's Procuracy.

Chapter VIII

COMPLAINTS AND DENUNCIATIONS

Article 87.- Complaints on the application of preventive measures against violations of administrative regulations, and the ensuring of the handling of violations of administrative regulations

1. The individuals and organizations that are subject to measures stipulated in Articles from 39 to 44 of this Ordinance or their legitimate representatives have the right to lodge complaints to the authority immediately above the authority that issues the decision to apply these measures.

2. The authority that receives the complaints shall consider and handle them and, within five days from the reception of the complaints, reply in writing to the complainants.

Article 88.- Complaints on the decisions on administrative sanction

1. The individuals and organizations that are sanctioned administratively or their legitimate representatives have the right to complain to the sanctioning authority within ten days from the reception of the decision.

Within fifteen days from the reception of the complaint, the complained is responsible to handle and respond in writing to the complainant. In the event the complainant does not agree with the settlement of his/her complaint, he/she has the right to lodge his/her complaint to the authority immediately above the sanctioning authority within three days from the reception of the settlement decision. Within twenty days from the reception of the complaint, the authority immediately above the sanctioning authority is responsible to settle and reply in writing to the complainant, and this settlement decision is final.

The complaint against complaint-settling decisions by the Presidents of the provincial People's Committees, ministerial Department Directors, Specialized Inspectors and Heads of ministerial inspection bodies shall be channeled to Ministers, Heads of agencies at ministerial level or Heads of agencies attached to the Government which perform State management function over branches and fields of operation. Within thirty days from the reception of the complaint, the Ministers, the Heads of the agencies at ministerial level or the Heads of the agencies attached to the Government shall have to complete the review, make the conclusion and reply in writing to the complainant. In the event this conclusion differs from the earlier-decided settlement of the complaint, within seven days from the reception of the conclusion, the authority that issues the earlier settlement decision shall have to complete the reconsideration and change the decision according to the conclusion of the Minister, or the Head of the agency at ministerial level, or the Head of the agency attached to the Government in charge of the branch or field of operation. This new decision is final. In the event the President of the provincial People's Committee does not agree with the conclusion of the Minister, or the Head of the agency at ministerial level, or the Head of the agency attached to the Government, he/she may lodge a complaint to the General State Inspector. Within forty-five days from the reception of the complaint, the General State Inspector shall have considered and taken decision on the complaint. The decision of the General State Inspector is final.

2. The complaint against a decision on administrative sanction shall not suspend its execution except when it orders the dismantlement of an allegedly unauthorized construction project.

3. The settler of the complaint may issue one of the following decisions:

a) To retain the sanction decision;

b) To change the form, level and measure of the sanction;

c) To rescind the sanction decision.

4. In the event the settler of the complaint decides to change the form, level and measure of the sanction, or to rescind the sanction decision, he/she may decide the compensation as well the direct indemnification (if any) in accordance with the provision of law.

In the event the complainant does not agree with the decision on compensation or indemnification, he/she may request the Court to proceed with the case according to the procedure of civil proceedings.

Article 89.- Complaints against the decision to apply other administrative measures

1. The person who is sent to an approved school, a re-education institution or a medical center, or put on administrative probation, or his/her legitimate representative, has the right to lodge his/her complaint within ten days from the reception of the decision to the President of the provincial People's Committee who has issued it.

In the event the complainant does not agree with the settlement of his/her complaint by the President of the provincial People's Committee, he/she may lodge a complaint to the Minister of the Interior against the decision which sent him/her to the approved school or the re-education institution, or which imposed administrative probation on him/her; or to the Minister of Labor, War Invalids and Social Affairs on the decision which sent him/her to the medical center. Within forty-five days from the reception of the complaint, the Minister of the Interior or the Minister of Labor, War Invalids and Social Affairs is responsible for settling the complaint and replying in writing to the complainant. The complaint-settlement decision of the Minister of the Interior, or of the Minister of Labor, War Invalids and Social Affairs, is final.

2. The complaint against the decision to send a person to approved school, re-education institution, medical center or to place him/her on administrative probation, shall not suspend the execution of the decision.

3. The complaint-settling authority may issue one of the following decisions:

a) To retain the sanction decision;

b) To change the term for application of administrative measures;

c) To rescind the sanction decision.

Article 90.- Settlement of denunciation

1. The denunciation against an unlawful behavior of an authority in handling violations of administrative regulations shall be considered and settled directly by his/her immediate superior.

2. Upon receiving the denunciation, the authorized person shall consider and handle it promptly and issued a written response on it within fifteen days, or thirty days for complicated cases, from the reception of the denunciation.

Chapter IX

HANDLING OF VIOLATIONS

Article 91.- Handling of violations committed by authorities in the handling of violations of administrative regulations

The authority in the handling of violations of administrative regulations who abuses power to tolerate or cover up, not to handle violations promptly and properly, or to act beyond his/her vested power, shall, depending on the nature and extent of the violation, be disciplined or examined for penal liability; if the violation incurs material losses, compensation shall have to be made in accordance with the provision of law .

Article 92.- The handling of violations committed by offenders of administrative regulations

If the subject person of administrative sanction commits acts against officials on duty, or intentionally delays or evades its execution, or commits other acts of violation, he/she shall, depending on the nature and extent of his/her violations, be either sanctioned administratively, or examined for penal liability; if the violation incurs a material loss, the loss must be compensated in accordance with the provisions of law.

Chapter X

IMPLEMENTATION PROVISIONS

Article 93.- This Ordinance takes effect from the 1st of August 1995.

Article 94.- This Ordinance replaces the Ordinance on Sanction of Violations of Administrative Regulations on the 30th of November 1989.

The earlier regulations on the handling of violations of administrative regulations which are contrary to this Ordinance are now annulled; in the event the cases are otherwise provided for by law, the ruling of law shall prevail.

Article 95.- The Government shall stipulate details for the implementation of this Ordinance.

 

 

ON BEHALF OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY,
CHAIRMAN




NONG DUC MANH

 

 

 

Thuộc tính Văn bản pháp luật 41-L/CTN

Loại văn bảnPháp lệnh
Số hiệu41-L/CTN
Cơ quan ban hành
Người ký
Ngày ban hành06/07/1995
Ngày hiệu lực01/08/1995
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Tình trạng hiệu lựcHết hiệu lực 01/10/2002
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Lược đồ Ordinance No. 41-L/CTN of July 06, 1995, on the handling of violations of administrative regulations


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              Ordinance No. 41-L/CTN of July 06, 1995, on the handling of violations of administrative regulations
              Loại văn bảnPháp lệnh
              Số hiệu41-L/CTN
              Cơ quan ban hànhUỷ ban Thường vụ Quốc hội
              Người kýLê Đức Anh
              Ngày ban hành06/07/1995
              Ngày hiệu lực01/08/1995
              Ngày công báo...
              Số công báo
              Lĩnh vựcVi phạm hành chính
              Tình trạng hiệu lựcHết hiệu lực 01/10/2002
              Cập nhật2 năm trước

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                Văn bản gốc Ordinance No. 41-L/CTN of July 06, 1995, on the handling of violations of administrative regulations

                Lịch sử hiệu lực Ordinance No. 41-L/CTN of July 06, 1995, on the handling of violations of administrative regulations