Nghị quyết 24/2012/QH13

RESOLUTION

ON IMPLEMENTATION OF THE LAW HANDLING ADMINISTRATIVE VIOLATIONS

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented a number of articles under the Resolution No.51/2001/NQ-QH10;

RESOLVES:

Article 1.

1. The Law on Handling Administrative Violations was passed on June 20, 2012, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 3^th session, and shall take effect on July 01, 2013, excepting the provisions relating to the application of administrative handling measures being considered and decided by People's Courts, which will take effect on January 01, 2014.

2. The Ordinance No.44/2002/PL-UBTVQH10 on Handling Administrative Violations, Ordinance No. 31/2007/PL-UBTVQH11 amending a number of articles of the 2002 Ordinance on Handling Administrative Violations, and Ordinance No. 04/2008/UBTVQH12 amending and supplementing a number of articles of the Ordinance on Handling Administrative Violations cease to be effective on the effective date of the Law on Handling Administrative Violations, excepting the provisions relating the application of measures of sending to reformatories, educational establishments or medical treatment establishments which will continue to be effective till the end of December 31, 2013.

Article 2.

From the date of publishing the Law on Handling Administrative Violations:

1. The measures of education in communes, wards or townships and sending to medical treatment establishments shall not be applied to prostitutes. Persons committing acts of prostitution shall be administratively sanctioned in accordance with law.

2. The measure of education in communes, wards or townships shall not be applied to persons aged between full 12 and fewer than 14 and commit acts showing signs of an intentional serious crime stipulated in the Penal Code or repeatedly commit petty theft, petty swindling, petty gambling or disturbance of public order.

3. The measure of sending to reformatories shall not be applied to the following cases:

a/ Persons aged between full 12 and fewer than 14 and commit acts showing signs of a very serious crime or an unintentional particularly serious crime stipulated in the Penal Code.

b/ Persons aged between full 12 and fewer than 14, commit acts showing signs of a less serious crime or serious crime stipulated in the Penal Code, have been subject to the measure of education in communes, wards or townships or have not yet been subject to such measure but have no determined place of residence;

c/ Persons aged between full 14 and fewer than 16, commit acts showing signs of a less serious crime or an unintentional serious crime stipulated in the Penal Code, have been subject to the measure of education in communes, wards or townships or have not yet been subject to such measure but have no determined place of residence.

4. The measure of sending to reformatories, educational establishments or medical treatment establishments shall not be applied to pregnant women having hospital certification; women or persons who are solely nursing under-36-month infants and have certification of commune-level People's Committees of localities where they reside.

5. If the persons specified in Clauses 1, 2, 3 and 4 of this Article are in course of compilation of dossiers of request for application of corresponding administrative handling measures, compilation of dossiers for consideration and application of such measures shall not continue.

If decisions on application of corresponding administrative handling measures to the persons specified in Clauses 1,2,3 and 4 of this Article have been issued but not yet executed or have been postponed from execution, they shall not be required for execution. In case these decisions are being executed or temporarily suspended from execution they shall not be required for execution for part of remaining duration.

The cases stipulated in this Clause and those exempted from execution of decisions on application of administrative handling measures or exempted from execution for part of remaining duration of such decisions correspondingly for the persons specified in Clauses 1, 2, 3 and 4 of this Article shall be regarded as having not yet been subject to any administrative handling measures.

6. For persons aged between full 12 and fewer than 14 and commit acts showing signs of an intentional very serious crime; persons aged between full 14 and fewer than 16, commit acts showing signs of an intentional serious crime stipulated in the Penal Code, have not yet been subject to the measure of education in communes, wards or townships, and have no stable place of residence; persons aged between full 14 and fewer than 18, repeatedly commit petty theft, petty swindling, petty gambling or disturbance of public order, have not yet been subject to the measure of education in communes, wards or townships, and have no stable  place of residence, stipulated as follows:

In case dossiers of request for sending to reformatories are being compiled or decisions on application of the measure of sending to reformatories have been issued but not yet executed or have been postponed from execution, these dossiers or decisions shall be transferred to chairpersons of commune-level People's Committees for consideration and decision on application of the measure of education in communes, wards or townships; those who have no stable place of residence shall be sending to social relief or children assistance establishments for management and education during the period of execution of the measure of education in communes, wards or townships.

In case the execution duration of measure of sending to reformatories has been less than 3 months, it shall continue execution in order to be full 3 months. In case the execution duration of measure of sending to reformatories has been more than 3 months, the measure of sending to reformatories must be stopped.

Article 3.

1. The provisions of the Law on Handling Administrative Violations shall be applied to violations committed before July 01, 2013, as follows:

a/ The provisions on sanctioning, provisions on postponement of or exemption from execution of sanctioning decisions and other sanctioning provisions which are beneficial to individuals, organizations committing administrative violations shall apply to violations which are committed before this date and detected later or being considered for settlement;

b/ The provisions on the procedures for application of the measure of education in communes, wards or townships which are beneficial to individuals who commit violations before this date and are detected later or are being considered for settlement shall apply.

2. For decisions on sanctioning administrative violations or decisions on application of administrative handling measures which are issued or completely executed before the effective date of the Law on Handling Administrative Violations but still complained by individuals or organizations sanctioned for administrative violations or by individuals subject to administrative handling measure(s), the provisions of the Ordinance on Handling Administrative Violations shall apply for settlement.

Article 4.

1. The National Assembly Standing Committee shall stipulate the order and procedures for consideration and decision on the application of the administrative handling measures of sending to reformatories, compulsory education establishments or compulsory detoxification establishments.

2. The Government and Supreme People's Court shall, within the scope of their tasks and powers, implement and guide the implementation of this Resolution; hold the review of relevant legal documents in order to promptly amend and supplement them or promulgate new ones in conformity with the Law on Handling Administrative Violations. The Government shall expeditiously prepare physical foundation, organization and resource conditions in order to promptly deploy the uniform management of the implementation of the law on handling administrative violations for assurance of the effect of the Law on Handling Administrative Violations in accordance with Clause 1, Article 1 of this Resolution.

3. The Supreme People's Court shall, within the scope of its tasks and powers, expeditiously recruit and professionally train judges and civil servants, consolidate physical foundations, equipment, working conditions of people's courts in order to meet the requirements of consideration and decision on the administrative handling measures of sending to reformatories, compulsory education establishments, compulsory detoxification establishments in accordance with the Law on Handling Administrative Violations.

4. The Government and Supreme People's Court shall, within the scope of their tasks and powers, coordinate with the Central Committee of the Vietnam Fatherland Front and its member organizations in widely disseminating and popularizing the Law on Handling Administrative Violations aiming to contribute to enhancing socialist legality and promote the effectiveness of the Law on Handling Administrative Violations.

5. The National Assembly and the Standing Committee of National Assembly, Nationality Council, Committees and deputies of National Assembly shall, within the scope of their tasks and powers, supervise the implementation of this Resolution.

This Resolution was adopted on June 20, 2012, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 3rd session. -