Văn bản hợp nhất 27/VBHN-VPQH năm 2025 hợp nhất Luật Xử lý vi phạm hành chính do Văn phòng Quốc hội ban hành

LAW

ON HANDLING OF ADMINISTRATIVE VIOLATIONS

The Law on Handling of Administrative Violations No. 15/2012/QH13 dated June 20, 2012 of the National Assembly, which comes into force from July 01, 2013, is amended by:

1. The Law on Customs No. 54/2014/QH13 dated June 23, 2014 of the National Assembly, which comes into force from January 01, 2015;

2. The Law on Fisheries No. 18/2017/QH14 dated November 21, 2017 of the National Assembly, which comes into force from January 01, 2019;

3. The Law No. 67/2020/QH14 dated November 13, 2020 of the National Assembly providing amendments to the Law on Handling of Administrative Violations, which comes into force from January 01, 2022;

4. The Law No. 09/2022/QH15 dated November 09, 2022 of the National Assembly providing amendments to the Law on Radio Frequencies, which comes into force from July 01, 2023;

5. The Law on Inspection No. 11/2022/QH15 dated November 14, 2022 of the National Assembly, which comes into force from July 01, 2023;

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Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, as amended by the Resolution No. 51/2001/QH10;

The National Assembly of Vietnam hereby promulgates the Law on Handling of Administrative Violations^[1].

Part One

GENERAL PROVISIONS

Article 1. Scope

This Law deals with imposition of administrative penalties and administrative handling measures.

Article 2. Definitions

For the purposes of this Law, the terms below shall be construed as follows:

1. “Administrative violation” means a wrongful act committed by an organization or individual in violation of regulations of law on state management to an extent that does not constitute a criminal offence, and causes such organization or individual to incur administrative penalties as prescribed by law.

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3. “Administrative handling measure” means a measure imposed upon an individual who commits a violation against regulations of law on security, social order and safety to an extent that does not constitute a criminal offence. Administrative handling measures include education at communes, wards or commune-level towns, placement of violator in reform school, placement of violator in compulsory educational institution, and placement of drug addict in compulsory rehabilitation center.

4. “Alternative measures for handling administrative violations” means educational measures that are imposed in lieu of administrative penalties or administrative handling measures against minors committing administrative violations, including reprimand, community-based education^[2] and family-based supervision.

5. ^[3] “Recidivism” means the act of repeating a violation by an individual or organization that has been subjected to a decision on imposition of administrative penalties before the end of the period after which they are treated as if they had not been subjected to such administrative penalties; or the act of repeating a violation by an individual who has been subjected to a decision on application of administrative handling measure before the end of the period after which they are treated as if they had not been subjected to such a measure.

6. “Repeated administrative violation” means a situation where an individual or organization commits an administrative violation which they have previously committed but have not yet been subjected to administrative penalties, while the prescriptive period for handling such a violation has not yet expired.

7. “Organized administrative violation” means a situation where an individual or organization cooperates with others in committing an administrative violation.

8. “License or practicing certificate” means a document issued by a competent authority or person to an individual or organization in accordance with regulations of law, enabling them to carry out business or other activities, practice a profession or use relevant instruments, vehicles or equipment. Licenses or practicing certificates do not include business registration certificates, or certificates pertaining to a person’s identity that are not intended for professional practice.

9. “Place of residence” means a house, vehicle or other dwelling where a citizen resides. A place of residence may be owned by the citizen or leased, lent, or permitted for use free of charge by an authority, organization or individual in accordance with regulations of law.

10. “Organization” means a regulatory authority, political organization, political - social organization, political – social professional organization, social organization, professional social organization, economic organization, people’s armed force or another organization that is duly established in accordance with regulations of law.

11. “Urgent circumstance” means a circumstance in which there is no other way but to cause some lesser harm in order to avert a risk of greater harm to the interests of the State or an organization, or to the rights and legitimate interests of oneself or another person.

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13. “Unexpected event” means an event that causes harm to society but the harmful consequences of which could not, or were not required to, be foreseen by the individual or organization concerned.

14. “Force majeure event” means an event that arises from objective causes, cannot be foreseen and remedied, even though all necessary and reasonable measures have been taken.

15. “Person lacking administrative liability capacity” means a person who commits an administrative violation while suffering from a mental disease or another disease which causes a loss of awareness or control of one's behaviors.

16. “Drug addict" means a person who uses narcotic substances, addictive drugs, or psychotropic substances and has developed a dependence on them.

17. “Lawful representative” means parent or guardian, lawyer or legal aid assistant.

Article 3. Rules for handling administrative violations

1. Rules for imposition of administrative penalties:

a) Every administrative violation must be discovered and prevented promptly, and handled in a strict manner. Any consequences of such violation must be remedied in accordance with regulations of law;

b) Administrative penalties must be imposed by persons having proper competence in a prompt, public, objective and fair manner in accordance with regulations of law;

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d)^[4] Administrative penalties shall be imposed only when there is any administrative violation prescribed by laws.

Penalties for an administrative violation shall be imposed once only.

If two or more persons commit an administrative violation, each of them shall incur administrative penalties for such violation.

If a person commits multiple administrative violations or repeatedly commits an administrative violation, he/she shall incur administrative penalties for each violation, unless such a repeated administrative violation is considered as an aggravating circumstance according to the Government's regulations;

dd) Persons having power to impose administrative penalties shall be responsible for proving administrative violations. Individuals or organizations incurring administrative penalties are entitled to themselves, or through their lawful representatives, prove that they do not commit administrative violations;

e) The fine imposed upon an organization is twice as much as that imposed upon an individual for the same administrative violation.

2. Rules for imposition of administrative handling measures:

a) Administrative handling measures shall only be imposed upon individuals falling into one of the cases specified in Articles 90, 92, 94 and 96 of this Law;

b) Imposition of administrative handling measures shall comply with provisions of point b clause 1 of this Article;

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d) Persons having power to impose administrative handling measures shall be responsible for proving administrative violations. Individuals subject to administrative handling measures are entitled to themselves, or through their lawful representatives, prove that they do not commit administrative violations.

Article 4. Power to regulate imposition of administrative penalties and regimes for application of administrative handling measures^[5]

1. Pursuant to provisions of this Law, the Government shall promulgate regulations on the following contents:

a) Administrative violations; completed administrative violations and ongoing administrative violations; penalties, fines, remedial measures for each administrative violation; entities incurring administrative penalties; power to impose penalties, specific fines imposed by each title holder and power to make records of administrative violations; imposition of administrative penalties, and remedial measures applied in respective areas of state management;

b) Regimes for application of administrative handling measures.

2. Forms used in handling of administrative violations shall conform to the Government's regulations.

3. Pursuant to provisions of this Law, the National Assembly’s Standing Committee shall promulgate regulations on penalties for administrative violations arising from state audit activities and the act of obstructing legal proceedings.

Article 5. Entities subject to administrative penalties and administrative handling measures

1. Entities incurring administrative penalties include:

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Persons of the people’s armed force or people’s police force who commit administrative violations shall be liable to the same penalties as other citizens. Where suspension of licenses/practicing certificates or operations in the field of national defense and security for a fixed period is deemed necessary, persons who imposed penalties for the violation shall request competent authorities or units of the people’s armed force or people’s police force to consider deciding such suspension;

b) An organization shall incur administrative penalties for every administrative violation which it commits;

c) Any foreigners or foreign organizations that commit administrative violations within the territory, contiguous zone, exclusive economic zone and continental shelf of the Socialist Republic of Vietnam, or on board Vietnamese-flagged aircrafts or Vietnamese-flagged ships shall incur administrative penalties in accordance with regulations of law of Vietnam, unless otherwise prescribed by treaties or international conventions to which the Socialist Republic of Vietnam is a signatory.

2. Entities subject to administrative handling measures are individuals mentioned in Articles 90, 92, 94 and 96 of this Law.

Administrative handling measures shall not be imposed upon foreigners.

Article 6. Prescriptive periods for handling administrative violations

1. Prescriptive periods for imposition of administrative penalties:

a) ^[6] The prescriptive period for imposition of administrative penalties for an administrative violation shall be 01 year, except in the following cases:

The prescriptive period for imposition of penalties for any of the administrative violations in the following sectors: accounting; invoices; fees and charges; insurance business; price management; securities; intellectual property; construction; fishery; forestry; survey, planning, exploration, extraction and use of water resources; oil and gas, and other mineral activities; environmental protection; atomic energy; management and development of houses and offices; land; flood control systems; press; publishing; commodity production, export, import and trading; manufacturing and trading of banned and counterfeit goods; foreign worker management, shall be 02 years.

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b) Determination of prescriptive periods of administrative violations prescribed in point a clause 1 of this Article:

For a completed administrative violation, the prescriptive period begins to run from the time that violation is completed.

For an ongoing administrative violation, the prescriptive period begins to run from the time of discovery of that violation;

c) Regarding administrative violations committed by individuals or organizations^[8] and received from presiding agencies, the prescriptive periods prescribed in points a and b of this clause shall apply. The period of time the presiding agency spends on handling the violation shall also be included in the prescriptive period of the violation.

d) If individuals or organizations, within the prescriptive periods specified in points a and b of this clause, deliberately evade or obstruct the imposition of administrative penalties, the prescriptive periods for such administrative violations shall be reset and begin to run from the time of termination of such evasion or obstruction.

2. Prescriptive periods for application of administrative handling measures:

a) ^[9] The prescriptive period for application of education at communes, wards or commune-level towns shall be 01 year starting from the date on which an individual commits the violation specified in clause 1 Article 90 hereof; 06 months starting from the date on which an individual commits the violation specified in clause 2 Article 90 hereof; 06 months starting from the date on which an individual last commits one of the violations specified in clauses 3, 4 and 6 Article 90 hereof; 03 months starting from the date on which an individual last commits the violation specified in clause 5 Article 90 hereof;

b) ^[10] The prescriptive period for placement of violator in reform school shall be 01 year starting from the date on which an individual commits any violation specified in clauses 1 and 2 Article 92 hereof; 06 months starting from the date on which an individual commits one of the violations specified in clauses 3 and 4 Article 92 hereof;

c) The prescriptive period for placement of violator in compulsory educational institution shall be 01 year starting from the date on which an individual last commits one of the violations specified in clause 1 Article 94 hereof;

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dd) ^[11] If individuals, within the prescriptive periods specified in points a, b and c of this clause, deliberately evade or obstruct the imposition of administrative handling measures, the prescriptive periods for such administrative violations shall be reset and begin to run from the time of termination of such evasion or obstruction.

Article 7. Periods after which individuals or organizations are treated as if they had not been subjected to administrative penalties or administrative handling measures

1. If, within 06 months from the date on which an individual or organization incurring administrative penalties for a violation has fully complied with a warning decision, or 01 year from the date on which they have fully complied with another penalty imposition decision or from the date of expiration of the prescriptive period for executing a penalty imposition decision, they do not re-commit that violation, they shall be treated as if they had not been subjected to such administrative penalties.

2. If, within 02 years from the date on which an individual subjected to an administrative handling measure has fully complied with the decision on application of such measure, or 01 year from the date of expiration of the prescriptive period for executing that decision, they do not re-commit the violation specified in that decision, they shall be treated as if they had not been subjected to such a measure.

Article 8. Calculation of durations, time limits and prescriptive periods in handling of administrative violations

1. Durations, time limits and prescriptive periods in handling of administrative violations shall be calculated in accordance with provisions of the Civil Code, unless application of working days-based time is provided for in this Law.

2. Night time is defined as the period from 22:00 of the previous day to 06:00 of the following day.

Article 9. Mitigating circumstances

The following circumstances are considered mitigating circumstances:

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2. The violator voluntarily reports the violation and show genuine remorse; actively assists competent authorities in detecting and handling the administrative violation;

3. The violator commits an administrative violation under provocation caused by another person’s unlawful acts, exceeds the limits of justifiable force in self-defense, or exceeds the necessary limits of an urgent circumstance;

4. An administrative violation is committed because the violator is forced by or financially or spiritually dependent on others;

5. The violator is pregnant, or old and weak, or has a disease or physical disability that limits his/her awareness or control of his/her behaviors;

6. An administrative violation is committed due to circumstances of extreme hardship which is not attributable to the violator;

7. An administrative violation is committed due to obsolete comprehension;

8. Other mitigating circumstances as prescribed by the Government.

Article 10. Aggravating circumstances

1. The following circumstances are considered aggravating circumstances:

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b) Repeated administrative violation; recidivism;

c) The violator entices, persuades or uses minors to commit an administrative violation; forces a person who is financially or spiritually dependent on the violator to commit an administrative violation;

d) The violator uses a person in the knowledge that this person is suffering from a mental disease or another disease that limits his/her awareness or control of his/her behaviors to commit an administrative violation;

dd) The violator reviles or distorts a law enforcement officer on duty; the administrative violation is of a gangster-like nature;

e) The violator abuses his/her position or power to commit an administrative violation;

g) The violator takes advantage of war, natural disaster, epidemic or other tragic circumstances of society to commit an administrative violation;

h) The violator commits an administrative violation while serving a criminal sentence or implementing a decision on application of administrative handling measure;

i) The violator continues to commit an administrative violation despite the fact that he/she is requested by a competent person to terminate such violation;

k) The violator, after committing an administrative violation, deliberately evades or conceals such violation;

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m) An administrative violation is committed against many people, children, elderly or disabled persons, or pregnant women.

2. If circumstances specified in clause 1 of this Article have been considered as administrative violations, they shall not be considered as aggravating circumstances.

Article 11. Cases of exemption from administrative penalties

Administrative penalties shall not be imposed in the following cases:

1. An administrative violation is committed in an urgent circumstance;

2. An administrative violation is committed due to justifiable force in self-defense;

3. An administrative violation is committed due to an unexpected event;

4. An administrative violation is committed due to a force majeure event;

5. An administrative violation is committed by a person lacking administrative liability capacity or a person who is below the age of administrative liability as prescribed in point a clause 1 Article 5 of this Law.

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1. Keep and consider violations suspected of crimes as administrative violations.

2. Abuse position or power to harass, solicit or receive money or property from violators; tolerate, protect or limit rights of violators during imposition of administrative penalties or application of administrative handling measures.

3. Promulgate documents prescribing administrative violations, power to impose penalties, penalties and remedial measures against each administrative violation in respective areas of state management, and administrative handling measures ultra vires.

4. Fail to impose administrative penalties or remedial measures or fail to apply administrative handling measures.

5. Impose administrative penalties or remedial measures or apply administrative handling measures not in a timely and strict manner, by persons without proper competence, upon improper entities, or in contravention of the procedures prescribed herein.

6. ^[12]Identity administrative violations incorrectly; impose penalties, fines, and remedial measures in an incorrect and incomplete manner with respect to administrative violations.

7. Illegally interfere in handling of administrative violations.

8. Extend duration of administrative handling measures.

8a. ^[13] Fail to monitor, urge, inspect and take charge of enforcing the execution of penalty imposition decisions or remedial measures.

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10. Forge or falsify dossiers on imposition of administrative penalties or application of administrative handling measures.

11. Infringe upon the life, health, honor or dignity of persons incurring administrative penalties, or persons subject to administrative handling measures, measures for preventing and ensuring handling of administrative violations, or measures for enforcing the execution of decisions on handling of administrative violations.

12. Resist, evade, delay or obstruct the execution of decisions on imposition of administrative penalties, decisions on application of measures for preventing and ensuring handling of administrative violations, decisions to enforce the execution of decisions on imposition of administrative penalties, or decisions on application of administrative handling measures.

Article 13. Compensation for damage

1. Persons committing administrative violations shall be liable to compensate for any damage caused. Compensation for damage shall comply with in accordance with regulations of civil law.

2. Persons having power to handle administrative violations, authorities, organizations or individuals involved in handling of administrative violations shall compensate for any damage caused in accordance with regulations of law.

Article 14. Responsibility for prevention and fight against administrative violations

1. All individuals and organizations must strictly comply with regulations of law on handling of administrative violations. Organizations are responsible for educating people under their management to raise their awareness of protection and compliance with the law and socialism rules, and promptly taking measures for eliminating causes and conditions of administrative violations within their organizations.

2. Persons having power to handle administrative violations shall, upon their detection of administrative violations, consider handling such administrative violations in accordance with regulations of law.

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Article 15. Complaint, denunciation and initiation of lawsuits in handling administrative violations

1. An individual or organization subject to a decision on handling of administrative violation shall have the rights to file complaint or lawsuit against such decision in accordance with regulations of law.

2. Individuals are entitled to denounce unlawful acts in handling administrative violations in accordance with regulations of law.

3. During the settlement of a complaint or lawsuit, if the person in charge of settling the complaint or lawsuit deems that the execution of decision on handling of administrative violation against which the complaint or lawsuit is filed may lead to adverse consequences, he/she must issue a decision on suspension of the execution of such decision in accordance with regulations of law.

Article 16. Responsibilities of persons having power to handle administrative violations

1. During their consideration of administrative violations, persons having power to handle administrative violations must strictly comply with regulations of this Law and other relevant laws.

2. Any person who has the power to handle administrative violations but harasses, solicits or receives money or property from violators, or tolerates, screens, or fails to handle administrative violations, or handles an administrative violation not in a timely manner, or in a manner which is not appropriate to the nature and severity of the violation, or without proper competence, or commits another prohibited act as prescribed in Article 12 of this Law or other laws shall, depending on the nature and severity of the violation, be disciplined or liable to criminal prosecution.

Article 17. Responsibility for management of implementation of law on handling of administrative violations

1. The Government shall assume responsibility to organize consistent management of the implementation of law on handling of administrative violations nationwide.

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a) Play the leading role and cooperate in proposing, formulating and submitting to competent authorities for promulgation or promulgating within its competence legislative documents on handling of administrative violations;

b) Comprehensively monitor and submit reports on the implementation of law on handling of administrative violations; produce statistics on, build and manage national database on handling of administrative violations;

c) Play the leading role and cooperate in providing guidance on, training and refresher training in the implementation of law on handling of administrative violations;

d) Examine and cooperate with relevant ministries and central-government authorities in conducting inspection of the implementation of law on handling of administrative violations;

dd) ^[14] Promulgate regulations on reporting and forms of statistical reports on handling of administrative violations.

3. Within the ambit of their assigned tasks and powers, ministries and central-government authorities shall directly perform or cooperate with the Ministry of Justice of Vietnam in performing the tasks specified in clause 2 of this Article; promptly provide information on handling of administrative violations for the Ministry of Justice of Vietnam to serve building and development of national databases; submit annual reports^[15] to the Ministry of Justice of Vietnam on handling of administrative violations within their jurisdiction.

4. ^[16] Within the ambit of their assigned tasks and powers, Supreme People’s Courts and State Audit Office of Vietnam shall comply with regulations of clause 2 of this Article, and submit annual reports to the Ministry of Justice of Vietnam on handling of administrative violations within their jurisdiction; direct People’s Courts at all levels, and offices of the State Audit Office of Vietnam to submit reports and provide information on handling of administrative violations.

5. Within the ambit of their assigned tasks and powers, People's Committees at all levels shall manage the implementation of law on handling of administrative violations in their provinces, and discharge the following responsibilities:

a) Direct the organization of implementation of legislative documents on handling of administrative violations; organize dissemination of and education about the law on handling of administrative violations;

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c) Promptly provide information on handling of administrative violations for the Ministry of Justice to serve building and development of national databases; submit annual reports^[17] to the Ministry of Justice of Vietnam on handling of administrative violations in their provinces.

6. ^[18]Offices of persons having power to impose administrative penalties, People’s Courts competent to make decisions on application of administrative handling measures, agencies in charge of executing penalty imposition decisions, decisions to enforce the execution of penalty imposition decisions, and agencies in charge of executing decisions on application of administrative handling measures shall provide and update information on and handling results of administrative violations under their jurisdiction or management on the national database on handling of administrative violations.

7. The Government shall elaborate this Article.

Article 18. Responsibilities of heads of agencies or units for handling of administrative violations

1. Within the ambit of their assigned tasks and powers, heads of agencies or units having the power to handle administrative violations shall:

a) Frequently examine, inspect, and promptly handle violations committed by persons having power to handle administrative violations under their management; settle complaints and denunciations regarding handling of administrative violations according to regulations of law;

b) Not illegally interfere in handling of administrative violations of, and assume joint responsibility for violations committed by, persons having power to handle administrative violations under their management according to regulations of the law;

c) Prevent acts of corruption committed by persons having power to handle administrative violations under their management;

d) Discharge other responsibilities as prescribed by law.

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a) Regularly direct, inspect handling of administrative violations of persons having power to handle administrative violations under their management;

b) Take disciplinary actions against persons committing violations in handling of administrative violations under their management;

c) Promptly settle complaints and denunciations regarding handling of administrative violations in the sectors and fields under their management according to regulations of law;

d) Discharge other responsibilities as prescribed by law.

3. ^[20] Within the ambit of their assigned tasks and powers, Ministers, heads of ministerial agencies, Chairpersons of People's Committees at all levels, heads of agencies or units in charge of persons having power to handle administrative violations shall be responsible for detecting any errors or mistakes contained in decisions on handling of administrative violations issued by themselves or their subordinates, and promptly correcting, revising, or abolishing them, or promulgating new ones under their jurisdiction.

The Government shall elaborate this clause.

Article 19. Supervision of handling of administrative violations

The National Assembly and its agencies, People's Councils at all levels, members of the National Assembly, members of People's Councils, Vietnam Fatherland Front and its member organizations, and all citizens shall supervise agencies and persons having power to handle administrative violations, and, upon their detection of any violations committed by such agencies or persons having power to handle administrative violations, request competent agencies or persons to consider and handle such violations according to regulations of law.

Agencies or persons having power to handle administrative violations shall consider, handle and respond to such requests in accordance with regulations of law.

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Any Vietnamese citizen or organization that commits an administrative violation against law of the Socialist Republic of Vietnam outside the territory of Vietnam may incur administrative penalties as prescribed by this Law.

Part two

IMPOSITION OF ADMINISTRATIVE PENALTIES

Chapter I

PENALTIES AND REMEDIAL MEASURES

Section 1. PENALTIES

Article 21. Penalties and imposition rules

1. Administrative penalties include:

a) Warning;

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c) Suspension of license or practicing certificate or suspension of operation for fixed period;

d) Confiscation of exhibits and/or instrumentalities of administrative violations (hereinafter referred to as “exhibits/instrumentalities”);

dd) Expulsion.

2. The penalties specified in points a and b clause 1 of this Article shall only be provided for and imposed as primary penalties.

The penalties specified in points c, d and dd clause 1 of this Article may be provided for as either additional penalties or primary penalties.

3. ^[21] A primary penalty and possibly one or more additional penalties may be imposed for each administrative violation.

Additional penalties are imposed accompanying a primary penalty, except the cases prescribed in clause 2 Article 65 of this Law.

Article 22. Warning

A warning is imposed upon an individual or organization that commits an administrative violation which is not serious and has mitigating circumstances, and, as prescribed by law, is subject to a warning, or for any administrative violation committed by a minor aged 14 to under 16. A warning decision shall be made in writing.

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1. The fine for an administrative violation imposed upon an individual is VND 50.000 to VND 1.000.000.000, and that imposed upon an organization is VND 100.000 to VND 2.000.000.000, except the cases prescribed in clause 3 Article 24 of this Law.

For urban areas of central-affiliated cities, the fine imposed may be higher but shall not exceed twice the general fine imposed for the same administrative violation in the fields of road traffic, environmental protection, or security, social order and safety.

2. The Government shall stipulate the fine bracket or specific fine for an administrative violation adopting one of the following methods, provided that the highest fine of the fine bracket shall not exceed the maximum fine specified in Article 24 of this Law:

a) Determine the minimum and/or maximum fines;

b) Determine the number of times, the percentage of value, the quantity of goods, exhibits of the violation, affected subjects, or revenues or profits gained from the administrative violation.

3. ^[22] Based on the nature of violations, fine brackets or fines specified in the Government's Decrees, and specific local socio-economic management requirements, People's Councils of central-affiliated cities shall have the right to decide fine brackets or specific fines for administrative violations in the fields specified in clause 1 of this Article, but must ensure that maximum fines for the respective fields specified in Article 24 of the Law shall not be exceeded.

4. ^[23] The specific fine for an administrative violation is the average of fines within the fine bracket imposed for that violation; if there is any mitigating circumstance, the fine may be reduced but shall not be lower than the minimum limit of the fine bracket; if there is any aggravating circumstance, the fine may be increased, but shall not exceed the maximum limit of the fine bracket.

The Government shall elaborate this clause.

Article 24. Maximum fines in different fields

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a) A fine of up to VND 30.000.000 shall be imposed for any of the violations in the fields of marriage and family; gender equality; domestic violence; archives; beliefs and religions; emulation and rewards; judicial administration; population; environmental sanitation; statistics; foreign affairs;

b) A fine of up to VND 40.000.000 shall be imposed for any of the violations in the fields of security, social order and safety; obstruction of proceedings; enforcement of civil judgments; bankruptcy of enterprises and cooperatives; electronic transactions; postal services;

c) A fine of up to VND 50.000.000 shall be imposed for any of the violations in the fields of fire prevention and firefighting; search and rescue; judicial support; preventive healthcare; HIV/AIDS prevention and control; culture; sports; tourism; science and technology management; technology transfer; child protection and care; social protection and relief; disaster preparedness and control; plant protection and quarantine; management and conservation of genetic resources (excluding animal genetic resources); crop production (excluding fertilizers); animal health; accounting; ^[25] fees and charges; public property management; invoices; national reserves; chemicals; hydrometeorology; survey and mapping; enterprise registration; state audit;

d) A fine of up to VND 75.000.000 shall be imposed for any of the violations in the fields of cipher affairs; national border management and protection; national defense and security; labor; education; vocational education; road traffic; railway traffic; inland waterway traffic; health insurance; social insurance; unemployment insurance; prevention and control of social evils;

dd) A fine of up to VND 100.000.000 shall be imposed for any of the violations in the fields of flood control systems; medical examination and treatment; cosmetics; pharmaceuticals, medical equipment; animal husbandry; fertilizers; advertisement; betting and games of chance; foreign worker management; marine traffic; civil aviation operations; traffic works management and protection; information technology; telecommunications; radio frequencies; cybersecurity; cyberinformation security; publishing; printing; commerce; customs, tax procedures; lottery business; insurance business; thrift practice and waste combat; management of explosive materials; electricity;

e) A fine of up to VND 150.000.000 shall be imposed for any of the violations in the fields of price management; exploitation, production and trading of building materials; management of technical infrastructure facilities; management and development of housing and office buildings; bidding; investment;

g) A fine of up to VND 200.000.000 shall be imposed for any of the violations in the fields of production and trading of banned and counterfeit goods; protection of consumer rights;

h) A fine of up to VND 250.000.000 shall be imposed for any of the violations in the fields of survey, planning, exploration, extraction and use of water resources; irrigation; intellectual property; press;

i) A fine of up to VND 500.000.000 shall be imposed for any of the violations in the fields of construction; forestry; land; real estate business;

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2. The maximum fine imposed upon an organization is twice as much as that imposed upon an individual for committing the same violation in the respective field of state management as prescribed in clause 1 of this Article.

3. ^[26] Maximum fines imposed for administrative violations in the fields of taxation; metrology; food safety; quality of products and goods; securities; competition; independent audit ^[27] shall be determined according to provisions of corresponding laws.

4. Maximum fines for violations in a field other than those mentioned in clause 1 of this Article shall be specified by the Government after obtaining consent from the National Assembly’s Standing Committee.

Article 25. Suspension of licenses/practicing certificates or suspension of operation for fixed period

1. Suspension of license or practicing certificate for a fixed period means a penalty imposed upon an individual or organization that commits a serious violation involving the activities specified in the issued license or practicing certificate. During the suspension period, the violating individual or organization shall not be allowed to perform the activities specified in such suspended license or practicing certificate.

2. Suspension of operation for a fixed period means a penalty imposed upon an individual or organization committing an administrative violation, including:

a) Partial suspension of activities of a production, business and/or service establishment which cause, or are likely to actually cause, serious harm to human life, health and/or the environment, and which may only be carried out under a license as required by law;

b) Partial or full suspension of production, business, service or other activities which may be carried out without a license as prescribed by law and which cause, or are likely to actually cause, serious harm to human life, health, the environment, and social order and safety.

3. ^[28] The period of suspension of license/practicing certificate or suspension of operation as prescribed in clause 1 and clause 2 of this Article shall be from 01 to 24 months, starting from the effective date of the penalty imposition decision. Persons having power to impose penalties shall impound the subject license/practicing certificate during the suspension period.

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The Government shall elaborate this clause.

Article 26. Confiscation of exhibits and instrumentalities

Confiscation of exhibits/instrumentalities of an administrative violation means the act of transferring items, money, goods and/or means directly involved in the administrative violation to the state budget. Confiscation of exhibits/instrumentalities is a penalty imposed for a serious violation intentionally committed by an organization or individual. ^[29]

Article 27. Expulsion

1. Expulsion means the act of forcing a foreigner who commits an administrative violation in Vietnam to leave the territory of the Socialist Republic of Vietnam.

2. The Government shall elaborate the application of expulsion as a penalty.

Section 2. REMEDIAL MEASURES

Article 28. Remedial measures and imposition rules

1. Remedial measures include:

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b) Enforced demolition^[30] of the works or structures which have been built without the license or against the license;

c) Enforced implementation of measures for controlling environmental pollution and the spread of epidemics;

d) Enforced removal from the territory of the Socialist Republic of Vietnam or re-export or goods, items and vehicles;

dd) Enforced destruction of goods and items which cause harm to human health, domestic animals, plants and the environment, and indecent materials;

e) Enforced correction of false or misleading information;

g) Enforced removal of violating elements from goods, their packages, means of business, and items;

h) Enforced recall of unqualified products and goods;

i) Enforced transfer of illegal benefits obtained from administrative violations or enforced transfer of the amounts equivalent to the value of the exhibits/instrumentalities of administrative violations which have been sold, liquidated, hidden or destroyed inconsistently with the law;

k) Other remedial measures prescribed by the Government.

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a) In addition to penalties, an individual or organization committing any administrative violation may be liable to one or some remedial measures mentioned in clause 1 of this Article;

b) A remedial measure may be imposed independently in the case prescribed in clause 2 Article 65 of this Law.

Article 29. Enforced restoration of original state

Any individual or organization that commits an administrative violation shall be required to restore the original state which has been altered as a result of such violation; if they fail to do so voluntarily, coercive measures shall be taken to enforce compliance.

Article 30. Enforced demolition^[31] of works or structures which have been built without license or against license

Any individual or organization that commits an administrative violation shall be required to demolish^[32] the works or structures which have been built without a license or against the issued license; if they fail to do so voluntarily, coercive measures shall be taken to enforce compliance.

Article 31. Enforced implementation of measures for controlling environmental pollution and spread of epidemics

Any individual or organization that commits an administrative violation shall be required to implement measures for controlling environmental pollution and the spread of epidemics; if they fail to do so voluntarily, coercive measures shall be taken to enforce compliance.

Article 32. Enforced removal from the territory of the Socialist Republic of Vietnam or re-export or goods, items and vehicles

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This remedial measure shall also apply to imported or transited goods which infringe intellectual property rights, counterfeit intellectual-property goods, imported vehicles, raw materials or supplies primarily used for producing or trading counterfeit intellectual-property goods after the infringing elements have been removed; if the violating individual or organization fails to voluntarily implement this measure, coercive measures shall be taken to enforce compliance.

Article 33. Enforced destruction of goods and items which cause harm to human health, domestic animals, plants, and the environment, and harmful cultural products

Any individual or organization that commits an administrative violation shall be required to destroy goods and items which cause harm to human health, domestic animals, plants, and the environment, harmful cultural products or other exhibits which must be destroyed as prescribed by law; if they fail to do so voluntarily, coercive measures shall be taken to enforce compliance.

Article 34. Enforced correction of false or misleading information

Any individual or organization that commits an administrative violation shall be required to correct false or misleading information which has been published or posted on the mass media or website(s) used for publishing or providing such information; if they fail to do so voluntarily, coercive measures shall be taken to enforce compliance.

Article 35. Enforced removal of violating elements from goods, their packages, means of business, and items

Any individual or organization that produces or trades goods or uses means of business or items which contain, or whose packages contain, violating elements shall be required to remove such elements; if they fail to do so voluntarily, coercive measures shall be taken to enforce compliance.

Article 36. Enforced recall of unqualified products and goods

Any individual or organization that produces or trades goods/products which fail to meet registered or disclosed quality standards, and other goods which fail to meet quality standards and requirements for placement on the market shall be required to recall such goods/products placed on the market; if they fail to do so voluntarily, coercive measures shall be taken to enforce compliance.

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Any individual or organization that commits an administrative violation shall be required to transfer illegal benefits, including money, property, and other valuable papers and items, obtained from such violation to state budget or return them to affected parties; or transfer an amount equivalent to the value of the exhibits/instrumentalities which have been sold, liquidated, hidden or destroyed inconsistently with the law; if they fail to do so voluntarily, coercive measures shall be taken to enforce compliance.

Chapter II

POWER TO IMPOSE ADMINISTRATIVE PENALTIES AND REMEDIAL MEASURES

Article 38. Power of Chairpersons of People’s Committees

1. Chairpersons of Commune-level People’s Committees shall have the power to:

a) Issue warning;

b) Impose a fine up to 10% of the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law, but not exceeding VND 5.000.000;

c) Confiscate the exhibits/instrumentalities of the administrative violation whose value does not exceed twice the fine specified in point b of this clause^[33];

d) Impose the remedial measures mentioned in points a, b, c and dd clause 1 Article 28 of this Law.

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a) Issue warning;

b) Impose a fine up to 50% of the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law, but not exceeding VND 100.000.000^[34];

c) Suspend licenses or practicing certificates or suspend operation for fixed period;

d) Confiscate the exhibits/instrumentalities of administrative violations^[35];

dd) Impose the remedial measures mentioned in points a, b, c, dd, e, h, i, and k clause 1 Article 28 of this Law.

3. Chairpersons of Provincial-level People’s Committees shall have the power to:

a) Issue warning;

b) Impose a fine up to the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law;

c) Suspend licenses or practicing certificates or suspend operation for fixed period;

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dd) Impose the remedial measures mentioned in clause 1 Article 28 of this Law.

Article 39. Power of People’s Public Security Forces

1. Soldiers on duty of People’s Public Security Forces shall have the power to:

a) Issue warning;

b) Impose a fine up to 1% of the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law, but not exceeding VND 500.000.

2. Heads of company-level Mobile Police units, Station Heads or Team Leaders in charge of supervising the soldiers mentioned in clause 1 of this Article shall have the power to: ^[36]

a) Issue warning;

b) Impose a fine up to 3% of the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law, but not exceeding VND 1.500.000.

3. Commune-level Police Chiefs, Heads of Police Posts, Heads of Police Stations at border checkpoints, export processing zones, Heads of Police Offices at International Airports, Commanders of Mobile Police Battalions, or heads of Squadrons shall have the power to: ^[37]

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b) Impose a fine up to 5% of the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law, but not exceeding VND 2.500.000;

c) Confiscate the exhibits/instrumentalities of the administrative violation whose value does not exceed twice the fine specified in point b of this clause^[38];

d) Impose the remedial measures mentioned in points a, c and dd clause 1 Article 28 of this Law.

4. District-level Police Chiefs; Heads of professional divisions of the following authorities, including the Internal Political Security Department, the Police Department for Administrative Management of Social Order, the Traffic Police Department, Fire and Rescue Police Department, the Department of Cybersecurity, Hi-tech Crime Prevention and Control, and the Immigration Department, and heads of divisions affiliated to provincial-level police departments, including: Internal Political Security Divisions, Police Divisions for Administrative Management of Social Order, Investigation Police Divisions for Social Order Crimes, Police Divisions for Investigation into Corruption, Economy, and Smuggling-related Crimes, Police Divisions for Investigation into Drug-related Crimes, Traffic Police Divisions, Road and Railway Traffic Police Divisions, Road Traffic Police Divisions, Waterway Police Divisions, Mobile Police Divisions, Security Guard Divisions, Police Divisions for Enforcement of Criminal Judgments and Judicial Assistance, Environment Crime Prevention and Fighting Police Divisions, Fire and Rescue Police Divisions, Cybersecurity, Hi-tech Crime Prevention and Control Divisions, Immigration Divisions, Economic Security Divisions, External Security Divisions, Commanders of Mobile Police Regiments, and Fleet commanders shall have the power to: ^[39]

a) Issue warning;

b) Impose a fine up to 20% of the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law, but not exceeding VND 25.000.000;

c) Suspend licenses or practicing certificates or suspend operation for fixed period;

c) Confiscate the exhibits/instrumentalities of the administrative violation whose value does not exceed twice the fine specified in point b of this clause^[40];

dd) Impose the remedial measures mentioned in points a, c, dd and k clause 1 Article 28 of this Law.

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a) Issue warning;

b) Impose a fine up to 50% of the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law, but not exceeding VND 100.000.000^[42];

c) Suspend licenses or practicing certificates or suspend operation for fixed period;

d) Confiscate the exhibits/instrumentalities of administrative violations^[43];

dd) Directors of Provincial-level Police Departments shall make decision on imposition of expulsion penalty;

e) Impose the remedial measures mentioned in points a, c, dd, i, and k clause 1 Article 28 of this Law.

6. Directors General (Directors) of Internal Political Security Department, Economic Security Department, Police Department for Administrative Management of Social Order, Investigation Police Department for Social Order Crimes, Police Department for Investigation into Corruption, Economy and Smuggling-related Crimes, Police Department for Investigation into Drug-related Crimes, Traffic Police Department, Fire and Rescue Police Department, Environment Crime Prevention and Fighting Police Department, Department of Cybersecurity and Hi-tech Crime Prevention and Control, Internal Security Department, and Police Department for Management of Retention and Enforcement of Criminal Judgments at Community, and Mobile Police Commander shall have the power to: ^[44]

a) Issue warning;

b) Impose a fine up to the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law;

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d) Confiscate the exhibits/instrumentalities of administrative violations;

dd) Impose the remedial measures mentioned in points a, c, dd, i and k clause 1 Article 28 of this Law.

7. Director General of Immigration Department shall have the power to impose administrative penalties as prescribed in clause 6 of this Article and have the right to make decisions on imposition of expulsion penalty.

Article 40. Power of Border Guard Forces

1. Soldiers on duty of the Border Guard Forces shall have the power to:

a) Issue warning;

b) Impose a fine up to 1% of the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law, but not exceeding VND 500.000.

2. Station Heads or Team Leaders in charge of supervising the soldiers mentioned in clause 1 of this Article shall have the power to:

a) Issue warning;

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2a. ^[45] Leaders of Task Force Teams for Drug and Crime Prevention and Control which are put under the control of Task Force Commissions for Drug and Crime Prevention and Control shall have the power to:

a) Issue warning;

b) Impose a fine up to 10% of the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law, but not exceeding VND 10.000.000;

c) Confiscate the exhibits/instrumentalities of the administrative violation whose value does not exceed twice the fine specified in point b of this clause;

d) Impose the remedial measures mentioned in points a, c and dd clause 1 Article 28 of this Law.

3. ^[46] Heads of Border Guard Posts, Captains of Naval Border Guard Flotillas, and Commanding Officers of Border Guard Commands at port border checkpoints shall have the power to:

a) Issue warning;

b) Impose a fine up to 20% of the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law, but not exceeding VND 25.000.000;

c) Confiscate the exhibits/instrumentalities of the administrative violation whose value does not exceed twice the fine specified in point b of this clause;

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3a. ^[47] Heads of Task Force Commissions for Drug and Crime Prevention and Control which are put under control of the Drug and Crime Prevention and Control Department affiliated to the Border Guard High Command shall have the power to:

a) Issue warning;

b) Impose a fine up to 50% of the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law, but not exceeding VND 100.000.000;

c) Confiscate the exhibits/instrumentalities of the administrative violation whose value does not exceed twice the fine specified in point b of this clause;

d) Impose the remedial measures mentioned in points a, c, d, dd, i and k clause 1 Article 28 of this Law.

4. ^[48] Provincial-level Border Guard Commanders; Captains of Naval Border Guard Squadrons, and Director General of the Drug and Crime Prevention and Control Department affiliated to the Border Guard High Command shall have the power to:

a) Issue warning;

b) Impose a fine up to the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law;

c) Suspend licenses or practicing certificates or suspend operation for fixed period;

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dd) Impose the remedial measures mentioned in points a, c, d, dd, i and k clause 1 Article 28 of this Law.

Article 41. Power of Coast Guard Forces

1. Police Officers on duty of the Coast Guard Forces shall have the power to:

a) Issue warning;

b) Impose a fine up to 2% of the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law, but not exceeding VND 1.500.000.

2. Coast Guard Team Leaders shall have the power to:

a) Issue warning;

b) Impose a fine up to 5% of the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law, but not exceeding VND 5.000.000.

3. Heads of Coast Guard Units or Coast Guard Stations shall have the power to:

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b) Impose a fine up to 10% of the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law, but not exceeding VND 10.000.000;

c) Impose the remedial measures mentioned in points a, c and dd clause 1 Article 28 of this Law.

4. Captains of Coast Guard Platoons shall have the power to:

a) Issue warning;

b) Impose a fine up to 20% of the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law, but not exceeding VND 25.000.000;

c) Confiscate the exhibits/instrumentalities of the administrative violation whose value does not exceed twice the fine specified in point b of this clause^[49];

d) Impose the remedial measures mentioned in points a, c, d, dd and k clause 1 Article 28 of this Law.

5. Captains of Coast Guard Squadrons; Heads of Reconnaissance Commissions; Heads of Task Force Commissions for Drug Crime Prevention and Control under the control of the High Command of Vietnam Coast Guard shall have the power to: ^[50]

a) Issue warning;

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c) Confiscate the exhibits/instrumentalities of the administrative violation whose value does not exceed twice the fine specified in point b of this clause^[51];

d) Impose the remedial measures mentioned in points a, c, d, dd and k clause 1 Article 28 of this Law.

6. ^[52] Regional Coast Guard Commanders, Director General of the Department of Operations and Legislation under the control of the High Command of Vietnam Coast Guard shall have the power to:

a) Issue warning;

b) Impose a fine up to 50% of the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law, but not exceeding VND 100.000.000;

c) Suspend licenses or practicing certificates for fixed period;

d) Confiscate the exhibits/instrumentalities of administrative violations;

dd) Impose the remedial measures mentioned in points a, c, d, dd and k clause 1 Article 28 of this Law.

7. Vietnam Coast Guard Commander shall have the power to: ^[53]

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b) Impose a fine up to the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law;

c) Suspend licenses or practicing certificates or suspend operation for fixed period;

d) Confiscate the exhibits/instrumentalities of administrative violations;

dd) Impose the remedial measures mentioned in points a, b, c, d, dd and k clause 1 Article 28 of this Law.

Article 42. Power of Customs Authorities^[54]

Customs authorities' power to impose penalties for understatement of tax amounts payable or overstatement of tax amounts eligible for exemption, reduction, refund or non-collection; tax evasion; commercial banks' failure to fulfill their responsibilities to transfer outstanding tax amounts from taxpayers' accounts to the state budget account at the request of tax authorities, shall comply with regulations of Law on Tax Administration. The power of customs authorities to impose penalties for other administrative violations is stipulated as follows:

1. Customs officials on duty shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 500.000;

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a) Issue warning;

b) Impose a fine up to VND 5.000.000;

3. Directors of Customs Sub-departments; Directors of Post-Clearance Audit Sub-departments, Leaders of Control Teams of provincial, inter-provincial or municipal Customs Departments; Leaders of Criminal Investigation Teams, Leaders of Smuggling Control Teams, Captains of Maritime Control Flotillas and Leaders of Anti-smuggling, Counterfeit Product Control and Intellectual Property Teams affiliated to the Anti-smuggling Investigation Department; Directors of Post-Clearance Audit Sub-departments affiliated to the Post-clearance Audit Department shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 25.000.000;

c) Confiscate the exhibits/instrumentalities of the administrative violation whose value does not exceed twice the fine specified in point b of this clause;

d) Impose the remedial measures mentioned in points a, dd, g, i and k clause 1 Article 28 of this Law;

4. Directors of Anti-smuggling Investigation Department and Post-clearance Audit Department affiliated to General Department of Customs, and Directors of provincial, inter-provincial or municipal Customs Departments shall have the power to:

a) Issue warning;

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c) Suspend licenses or practicing certificates or suspend operation for fixed period;

d) Confiscate the exhibits/instrumentalities of administrative violations;

dd) Impose the remedial measures mentioned in points d, dd, g, i and k clause 1 Article 28 of this Law;

5. Director General of General Department of Vietnam Customs shall have the power to:

a) Issue warning;

b) Impose a fine up to the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law;

c) Confiscate the exhibits and instrumentalities of administrative violations;

d) Impose the remedial measures mentioned in points d, dd, g, i and k clause 1 Article 28 of this Law.

Article 43. Power of Forest Protection Forces

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a) Issue warning;

b) Impose a fine up to VND 500.000.

2. Heads of forest ranger stations shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 10.000.000;

c) Confiscate the exhibits/instrumentalities of the administrative violation whose value does not exceed twice the fine specified in point b of this clause^[55].

3. Heads of Forest Ranger Offices, and Heads of Mobile Forest Ranger and Forest Fire Teams shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 25.000.000;

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d) Impose the remedial measures mentioned in points a, c, dd, i and k clause 1 Article 28 of this Law.

4. Directors of Forest Protection Sub-departments; Directors of Regional Forest Protection Sub-departments, and Leaders of Task Force Teams for Forest Protection affiliated to the Forest Protection Department shall have the power to: ^[57]

a) Issue warning;

b) Impose a fine up to VND 50.000.000;

c) Confiscate the exhibits/instrumentalities of the administrative violation whose value does not exceed twice the fine specified in point b of this clause^[58];

d) Suspend practicing licenses or certificates or suspend operations for a fixed period;

dd) Impose the remedial measures mentioned in points a, b, c, dd, i and k clause 1 Article 28 of this Law.

5. Director General of the Forest Protection Department shall have the power to:

a) Issue warning;

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c) Confiscate the exhibits and instrumentalities of administrative violations;

d) Suspend practicing licenses or certificates or suspend operations for a fixed period;

dd) Impose the remedial measures mentioned in points a, b, c, dd, i and k clause 1 Article 28 of this Law.

Article 43a. Power of Fisheries Surveillance Forces^[60]

1. Fisheries surveillance officials on duty shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 2.000.000;

c) Confiscate the exhibits/instrumentalities of the administrative violation whose value does not exceed twice the fine specified in point b of this clause.

2. Heads of Fisheries Surveillance Stations affiliated to Regional Fisheries Surveillance Sub-departments shall have the power to:

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b) Impose a fine up to VND 10.000.000;

c) Confiscate the exhibits/instrumentalities of the administrative violation whose value does not exceed twice the fine specified in point b of this clause;

d) Impose the remedial measures mentioned in points a, b and i clause 1 Article 28 of this Law.

3. Directors of Regional Fisheries Surveillance Sub-departments shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 100.000.000;

c) Confiscate the exhibits and instrumentalities of administrative violations;

d) Impose the remedial measures mentioned in points a, b, d, i and k clause 1 Article 28 of this Law.

4. Director General of Vietnam Fisheries Surveillance Department shall have the power to:

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b) Impose a fine up to the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law;

c) Suspend licenses or practicing certificates or suspend operation for fixed period;

d) Confiscate the exhibits/instrumentalities of administrative violations;

dd) Impose the remedial measures mentioned in points a, b, d, i and k clause 1 Article 28 of this Law.

Article 44. Power of Tax Authorities

Tax authorities' power to impose penalties for understatement of tax amounts payable or overstatement of tax amounts eligible for exemption, reduction, refund or non-collection; tax evasion; commercial banks' failure to fulfill their responsibilities to transfer outstanding tax amounts from taxpayers' accounts to the state budget account at the request of tax authorities, shall comply with regulations of Law on Tax Administration. The power of tax authorities to impose penalties for other administrative violations is stipulated as follows: ^[61]

1. Tax officers on duty shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 500.000.

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a) Issue warning;

b) Impose a fine up to VND 2.500.000.

3. Directors of Taxation Sub-departments shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 25.000.000;

c) Confiscate the exhibits/instrumentalities of the administrative violation whose value does not exceed twice the fine specified in point b of this clause^[62];

d) Impose the remedial measures mentioned in points a, i and k clause 1 Article 28 of this Law.

4. Directors of Taxation Departments shall have the power to:

a) Issue warning;

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c) Confiscate the exhibits/instrumentalities of administrative violations ^[63];

d) Impose the remedial measures mentioned in points a, i and k clause 1 Article 28 of this Law.

5. Director General of General Department of Taxation shall have the power to:

a) Issue warning;

b) Impose a fine up to the maximum fine for an administrative violation in the taxation field as prescribed in Article 24 of this Law;

c) Confiscate the exhibits/instrumentalities of administrative violations;

d) Impose the remedial measures mentioned in points a, i and k clause 1 Article 28 of this Law.

Article 45. Power of Market Surveillance Forces

1. Market controllers on duty shall have the power to:

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b) Impose a fine up to VND 500.000.

2. Leaders of Market Surveillance Teams and Heads of Operations Divisions affiliated to the Market Surveillance Operations Department shall have the power to: ^[64]

a) Issue warning;

b) Impose a fine up to VND 25.000.000;

c) Confiscate the exhibits/instrumentalities of the administrative violation whose value does not exceed twice the fine specified in point b of this clause^[65];

d) Impose the remedial measures mentioned in points a, dd, e, g, h, i and k clause 1 Article 28 of this Law.

3. Directors of Provincial-level Market Surveillance Departments and Director of Market Surveillance Operations Department affiliated to Vietnam Directorate of Market Surveillance shall have the power to: ^[66]

a) Issue warning;

b) Impose a fine up to VND 50.000.000;

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d) Suspend practicing licenses or certificates or suspend operations for a fixed period;

dd) Impose the remedial measures mentioned in points a, c, d, dd, e, g, h, i, and k clause 1 Article 28 of this Law.

4. Director General of Vietnam Directorate of Market Surveillance shall have the power to: ^[68]

a) Issue warning;

b) Impose a fine up to the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law;

c) Confiscate the exhibits/instrumentalities of administrative violations;

d) Suspend practicing licenses or certificates or suspend operations for a fixed period;

dd) Impose the remedial measures mentioned in points a, c, d, dd, e, g, h, i, and k clause 1 Article 28 of this Law.

Article 45a. Power of Vietnam Competition Commission^[69]

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1. Issue warning;

2. Impose a fine up to the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law;

3. Suspend licenses or practicing certificates or suspend operation for fixed period;

4. Confiscate the exhibits/instrumentalities of administrative violations;

5. Impose the remedial measures mentioned in points d, dd, g, i and k clause 1 Article 28 of this Law.

Article 46. Power of Inspectorates

1. On-duty inspectors and persons assigned to carry out specialized inspections shall have the power to:

a) Issue warning;

b) Impose a fine up to 1% of the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law, but not exceeding VND 500.000;

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d) Impose the remedial measures mentioned in points a, c and dd clause 1 Article 28 of this Law.

2. Chief Inspectors of provincial-level Departments; Chief Inspector of Civil Aviation Authority of Vietnam; Chief Inspector of Vietnam Maritime Administration; Chief Inspector of Vietnam Agency for Radiation and Nuclear Safety; Chief Inspector of the State Securities Commission of Vietnam; Chief Inspectors of other Departments/General Departments/Agencies of Ministries and equivalent-level agencies; ^[71] Chief Inspector of national defense activities of military zones; Chief Inspector of Ciphering activities of the Board of Governmental Essential Services; Directors of Regional Animal Health Sub-departments and Regional Animal Quarantine Sub-departments affiliated to Department of Animal Health; Directors of Regional Plant Quarantine Sub-Departments affiliated to Plant Protection Department; Directors of Agro-Forestry-Fisheries Quality Assurance Sub-department of central region and Agro-Forestry-Fisheries Quality Assurance Sub-department of southern region affiliated to the National Agro-Forestry-Fisheries Quality Assurance Department; Directors of Branches of Vietnam Food Administration, Directors of Population and Family Planning Sub-Departments under the control of the provincial-level Departments of Health; Directors of Sub-Departments for crop production and plant protection, livestock, animal health, fishery, quality control of agricultural, forestry and fishery products, irrigation, flood control system, natural disaster preparedness and control, forestry, and rural development affiliated to provincial-level Departments of Agriculture and Rural Development; Directors of Sub-directorates for Standard, Metrology and Quality affiliated to provincial-level Departments of Science and Technology; Directors of Central Sub-department for Management of Goods and Product Quality and Southern Sub-department for Management of Goods and Product Quality affiliated to of Department for Management of Goods and Product Quality; Directors of Regional Radio Frequency Centers, Directors of provincial-level Social Insurance Agencies; holders of equivalent titles at agencies assigned to perform specialized inspection tasks that have authority to impose penalties delegated by the Government, shall have the power to::^[72]

a) Issue warning;

b) Impose a fine up to 50% of the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law, but not exceeding VND 50.000.000;

c) Suspend licenses or practicing certificates or suspend operation for fixed period;

c) Confiscate the exhibits/instrumentalities of the administrative violation whose value does not exceed twice the fine specified in point b of this clause^[73];

dd) Impose the remedial measures mentioned in clause 1 Article 28 of this Law.

3. Chief Inspectors of Governmental agencies, Provincial Chief Inspectors, ^[74] Director of Statistical Offices Office of Vietnam, Directors of provincial-level State Treasuries, Director of Department for Management of Goods and Product Quality affiliated to the Directorate for Standards, Metrology, and Quality; holders of equivalent titles at agencies assigned to perform specialized inspection tasks that have authority to impose penalties delegated by the Government shall have the power to::^[75]

a) Issue warning;

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c) Suspend licenses or practicing certificates or suspend operation for fixed period;

c) Confiscate the exhibits/instrumentalities of the administrative violation whose value does not exceed twice the fine specified in point b of this clause^[76];

dd) Impose the remedial measures mentioned in clause 1 Article 28 of this Law.

4. Chief Inspectors of ministries, ministerial agencies, Directors General of Directorate for Roads of Vietnam, Directorate for Standards, Metrology, and Quality, General Department of Vocational Education, General Department of Water Resources, General Department of Forestry, General Department of Fisheries, Vietnam Department of Geology and Minerals, Vietnam Environment Administration, General Department of Land Administration, and General Department of Population and Family Planning, General Director of the State Treasury, Chairman of the State Securities Commission of Vietnam, Head of the Board of Governmental Essential Services, Head of Vietnam Government Committee for Religious Affairs, Directors of the following authorities, including: Vietnam Chemicals Agency, Industrial Safety and Environment Technical Department, Electricity Regulatory Authority , Trade Promotion Department, Department of E-commerce and Digital Economy, Vietnam Railway Administration, Vietnam Inland Waterway Administration, Vietnam Maritime Administration, Civil Aviation Authority of Vietnam, Vietnam Agency for Radiation and Nuclear Safety, Department of Animal Health, Department of Plant Protection, Crop Production Department, Livestock Production Department, National Agro-Forestry-Fisheries Quality Assurance Department, Department of Economic Cooperation and Rural Development, Department of Insurance Supervision and Management, Authority of Radio Frequency Management, Vietnam Telecommunications Authority, Authority of Broadcasting and Electronic Information, Press Agency, Agency of Publication, Print and Release, Drug Administration Department, Medical Examination and Treatment Administration, Health Environment Management Agency, General Department of Preventive Medicine, Vietnam Food Administration, Bureau of Judicial Affairs Support, Department of Civil Status, Nationality and Authentication, Overseas Labor Administration, Department of Labor Safety, and General Director of Vietnam Social Security; holders of equivalent titles at agencies assigned to perform specialized inspection tasks that have authority to impose penalties delegated by the Government, shall have the power to: ^[77]

a) Issue warning;

b) Impose a fine up to the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law;

c) Suspend licenses or practicing certificates or suspend operation for fixed period;

d) Confiscate the exhibits/instrumentalities of administrative violations;

dd) Impose the remedial measures mentioned in clause 1 Article 28 of this Law.

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Heads of specialized inspection teams established by provincial-level Departments, and heads of specialized inspection teams established by agencies assigned to perform specialized inspection tasks shall have the power to impose penalties as prescribed in Clause 2 of this Article.

Article 47. Power of Maritime Administrations, Airport Authorities, Inland Waterway Administrations

1. Chief Representatives of Maritime Administrations, Airports Authorities, and Inland Waterway Administrations shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 10.000.000;

c) Confiscate the exhibits/instrumentalities of the administrative violation whose value does not exceed twice the fine specified in point b of this clause^[79].

2. Directors of Maritime Administrations, Airports Authorities, and Inland Waterway Administrations shall have the power to: ^[80]

a) Issue warning;

b) Impose a fine of up to VND 50.000.000^[81];

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d) Confiscate the exhibits/instrumentalities of administrative violations^[82];

dd) Impose the remedial measures mentioned in points a, b, c, dd, i and k clause 1 Article 28 of this Law.

Article 48. Power of People’s Courts

1. Presiding judges shall have the power to:

a) Issue warning;

b) Impose a fine of up to VND 1.000.000;

c) Confiscate the exhibits/instrumentalities of the administrative violation whose value does not exceed twice the fine specified in point b of this clause^[83].

2. Judges assigned to settle bankruptcy cases shall have the power to:

a) Issue warning;

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c) Confiscate the exhibits/instrumentalities of the administrative violation whose value does not exceed twice the fine specified in point b of this clause^[84];

d) Impose the remedial measures mentioned in points a, i and k clause 1 Article 28 of this Law.

3. Chief Justices of district-level People’s Courts, Presidents of specialized courts of provincial-level People’s Courts, and Chief Justices of regional military courts shall have the power to:

a) Issue warning;

b) Impose a fine of up to VND 7.500.000;

c) Confiscate the exhibits/instrumentalities of the administrative violation whose value does not exceed twice the fine specified in point b of this clause^[85].

4. Chief Justices of provincial-level People’s Courts, Chief Justices of Military Courts of military zones and of equivalent levels, Presidents of specialized courts of the Superior People’s Court shall have the power to: ^[86]

a) Issue warning;

b) Impose a fine up to the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law;

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d) Impose the remedial measures mentioned in points a, i and k clause 1 Article 28 of this Law.

Article 48a. Power of State Audit Office of Vietnam^[88]

1. Heads of audit delegations shall have the power to:

a) Issue warning;

b) Impose a fine of up to VND 30.000.000;

c) Impose the remedial measures mentioned in clause 1 Article 28 of this Law.

2. Chief auditors shall have the power to:

a) Issue warning;

b) Impose a fine up to the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law;

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Article 49. Power of civil judgment enforcement agencies

1. On-duty civil judgment enforcement officers shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 500.000.

2. Directors of Civil Judgment Enforcement Sub-departments shall have the power to:

a) Issue warning;

b) Impose a fine of up to VND 2.500.000;

c) Confiscate the exhibits/instrumentalities of the administrative violation whose value does not exceed twice the fine specified in point b of this clause^[89];

d) Impose the remedial measures mentioned in points a, i and k clause 1 Article 28 of this Law.

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4. Directors of Civil Judgment Enforcement Departments and Heads of Judgment Enforcement Divisions of military zones shall have the power to:

a) Issue warning;

b) Impose a fine of up to VND 20.000.000;

c) Confiscate the exhibits/instrumentalities of administrative violations^[91];

d) Impose the remedial measures mentioned in points a, i and k clause 1 Article 28 of this Law.

5. Director General of the General Department of Civil Judgment Enforcement and Director of Judgment Enforcement Department of the Ministry of National Defense of Vietnam shall have the power to: ^[92]

a) Issue warning;

b) Impose a fine up to the maximum fine for an administrative violation in the civil judgment enforcement field as prescribed in Article 24 of this Law;

c) Confiscate the exhibits/instrumentalities of administrative violations;

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Article 50. ^[93] (abrogated)

Article 51. Power of diplomatic missions, consular missions, other overseas missions authorized to perform consular functions of the Socialist Republic of Vietnam

Heads of diplomatic missions, consular missions, and other overseas missions authorized to perform consular functions of the Socialist Republic of Vietnam shall have the power to:

1. Issue warning;

2. Impose a fine up to the maximum fine for an administrative violation in the respective field as prescribed in Article 24 of this Law;

3. Confiscate the exhibits/instrumentalities of administrative violations;

4. Impose the remedial measures mentioned in points a, i and k clause 1 Article 28 of this Law.

Article 52. Rules for determination and distinction of power to impose administrative penalties and remedial measures

1. The penalties imposed by the persons having the power to impose administrative penalties as prescribed in Articles 38 through 51 of this Law are those imposed for administrative violations committed by individuals. In case of fines, the fine imposed upon an organization is twice as much as that imposed upon an individual by the same title holder and shall be determined as a percentage as prescribed in this Law.

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2. The fine imposed as prescribed in clause 1 of this Article is determined according to the maximum fine of the fine bracket for each specific administrative violation.

3. Chairpersons of People’s Committees at all levels shall have the power to impose penalties for administrative violations in state management fields in their administrative divisions.

Persons having power to impose administrative penalties prescribed in Articles 39 through 51 of this Law shall have the power to impose penalties for administrative violations in fields or sectors under their management.

Where a case of administrative violation falls within the power of more than one person, the person who handles the case first shall consider imposing penalties for such violation.

4. Where a case of administrative violation involves multiple acts of violation, the power to impose administrative penalties shall be determined according to the following rules: ^[94]

a) If the penalties, fines, value of exhibits/instrumentalities which are confiscated and remedial measures for all acts of violation in such case are within the power of a competent person, that person shall impose administrative penalties for this case;

b) If the penalties, fines, value of exhibits/instrumentalities which are confiscated and remedial measures for any of the acts of violation in such case are beyond the power of a competent person, the case shall be transferred to a competent authority;

c) If the acts of violation fall within the power of multiple persons specialized in various sectors, the Chairperson of the People’s Committee of the are where such acts of violation are committed shall impose penalties for this case.

Article 53. Changes in names, tasks and powers of title holders having power to impose administrative penalties^[95]

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2. In case there are changes in tasks and powers of the title holders having the power to impose administrative penalties, the Government shall stipulate the power to impose administrative penalties of such title holders after obtaining consent from the National Assembly’s Standing Committee.

Article 54. Delegation of power to impose penalties^[96]

1. Persons having power to impose administrative penalties prescribed in Article 38; clauses 2, 3, 4, 5, 6 and 7 Article 39; clauses 2, 2a, 3, 3a and 4 Article 40; clauses 3, 4, 5, 6 and 7 Article 41; clauses 2, 3, 4 and 5 Article 42; clauses 2, 3, 4 and 5 Article 43; clauses 2, 3 and 4 Article 43a; clauses 2, 3, 4 and 5 Article 44; clauses 2, 3 and 4 Article 45; Article 45a; clauses 2, 3 and 4 Article 46; Article 47; clause 3 and clause 4 Article 48; clause 2 Article 48a; clauses 2, 4 and 5 Article 49; Article 51 of this Law may delegate their deputies to exercise the power to impose administrative penalties.

2. Delegation of the power to impose administrative penalties shall be frequent or on a case-by-case basis, and shall take place at the same time as the delegation of the power to impose measures for preventing and ensuring handling of administrative violations specified in clauses 2, 3, 4, 5, 6 and 7 Article 119 of this Law. A power delegation decision must be made and clearly indicate the scope, details and validity period of such delegation of power.

3. Deputies delegated to impose administrative penalties must assume responsibility to their heads or leaders and legal responsibility for their exercise of delegated powers. Delegated deputies are not allowed to sub-delegate those powers to others.

4. The Government shall elaborate this Article.

Chapter III

PROCEDURES FOR IMPOSITION OF ADMINISTRATIVE PENALTIES, EXECUTION AND ENFORCEMENT OF PENALTY IMPOSITION DECISIONS

Section 1. PROCEDURES FOR IMPOSITION OF ADMINISTRATIVE PENALTIES

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Mandatory termination of an administrative violation is applied by a competent person on duty to an ongoing administrative violation so as to immediately terminate such violation. Mandatory termination of administrative violation is conducted by means of words, whistle, command, documents or other forms as prescribed by law.

Article 56. Imposition of administrative penalties without violation records

1. Administrative penalties may be imposed without violation records in case of warning or a fine of up to VND 250.000 (for an individual) or VND 500.000 (for an organization). In this case, persons having power to impose administrative penalties shall issue on-the-spot penalty imposition decisions.

Records of administrative violations which are detected by technical and professional means and equipment are compulsory.

2. An on-the-spot penalty imposition decision must clearly indicate the issue date of the decision; full name and address of the violator or name and address of the violating organization; description of the violation; location of the violation; evidences and facts of the violation; full name and position of the person issuing the penalty imposition decision; articles and clauses of legislative documents applied. In case of fines, the specific fine must be also specified in such decision.

Article 57. Imposition of administrative penalties with violation records, dossiers on imposition of administrative penalties

1. Violation records are compulsory when imposing penalties for administrative violations committed by individuals/organizations in cases other than those specified in paragraph 1 clause 1 Article 56 of this Law.

2. When imposing administrative penalties with a violation record, the person having power to impose penalties shall compile a dossier on imposition of administrative penalties. Such a dossier on imposition of administrative penalties includes the record of administrative violation, the penalty imposition decision, and other relevant documents all of which must be numbered.

The dossier on imposition of administrative penalties must be retained in accordance with regulations of the law on archives.

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1. When detecting any administrative violations in fields under their management, competent persons on duty must promptly make written records of administrative violations, except for cases where administrative penalties are imposed without violation records as prescribed in clause 1 Article 56 of this Law.

If an administrative violation occurs aboard aircraft, seagoing vessel, or train, the pilot in command, vessel captain or trainmaster shall make a record of that administrative violation and immediately transfer it to the person having the power to impose administrative penalties whenever that aircraft, seagoing vessel, or train arrives at the airport, terminal or train station.

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

3. An administrative violation record shall contain the following main information:

a) Recording time and venue;

b) Information about the record maker, violating individual or organization, and other agencies, individuals or organizations involved;

c) Time and location of the violation; description of the case or violation;

d) Statements of the violator or representative of the violating organization, the witness, the affected person or representative of the affected organization;

dd) Measures for preventing and ensuring handling of administrative violations;

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4. An administrative violation record shall be made into at least 02 copies and bear signatures of the record maker and the violator or the representative of the violating organization, unless the record is made according to provisions of clause 7 of this Article.

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

5. One (01) copy of the completed administrative violation record shall be issued to the violating individual or organization. In case an administrative violation falls beyond the power of the record maker, the record and other related documents must be promptly transferred to the person having the power to impose administrative penalties within 24 hours from the date of the violation record, except for cases where administrative violation records are made aboard aircrafts, seagoing vessels, or trains.

6. In case any administrative violation record contains errors or does not fully and accurately show the details specified in clauses 3 and 4 of this Article, facts of the administrative violation case shall be verified according to provisions of Article 59 of this Law as a basis for issuing a penalty imposition decision. The verification of facts of the administrative violation case shall be documented in a verification report. Such a verification report serves as a paper attached to the administrative violation record and needs to be kept in the dossier on imposition of administrative penalties.

7. Administrative violation records can be made and sent electronically in case agencies in charge of persons having power to impose penalties, violating individuals or organizations satisfy infrastructure, technical and information requirements.

8. Administrative violation records shall be made in compliance with this Law’s regulations on the contents, representation formats, and procedures and shall serve as a basis to issue decisions on imposition of administrative penalties, except for cases of imposition of administrative penalties without violation records as prescribed in clause 1 of Article 56 and clause 2 of Article 63 of this Law, and otherwise prescribed by the Law on Tax Administration.

9. The Government shall elaborate this Article.

Article 59. Verification of facts of administrative violation case

1. When considering issuance of decision on imposition of administrative penalties, if necessary, the person having power to impose penalties shall be responsible for verifying the following facts:

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b) The individual or organization that commits the administrative violation, or wrongful act, and the violator’s personal records;

c) Aggravating and mitigating circumstances;

d) Nature and extent of damage caused by the administrative violation;

dd) The case where no decision on imposition of administrative penalties is issued as prescribed in clause 1 Article 65 of this Law;

e) Other facts which are significant to consideration and making of penalty imposition decision.

During consideration and making of penalty imposition decision, the person having power to impose penalties may requisition expert examination. Such requisition of expert examination must comply with in accordance with regulations of law on expert examination.

2. Verification of facts of administrative violations must be documented.

Article 60. Determination of value of exhibits/instrumentalities^[98] of administrative violations as a basis for determination of fine brackets and power to impose penalties

1. Where the value of exhibits/instrumentalities^[99] of an administrative violation needs to be determined to serve as a basis for determination of the fine bracket, and power to impose penalties, the competent person who is handling the case must conduct determination of value of exhibits/instrumentalities^[100] and assume responsibility for such determination result.

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a) The posted price or the price specified in the sales contract or invoice or import declaration;

b) The price notified by a local finance authority or the local market price at the time when the administrative violation occurs, if the former is unavailable;

c) The prime cost of exhibits/instrumentalities^[102] if they are goods which are not yet placed on the market;

d) Regarding exhibits/instrumentalities^[103] which are counterfeit goods, their price^[104] shall be the market price of genuine goods or goods with the same features, specifications or uses at the time when the administrative violation is detected.

3. If the value of exhibits/instrumentalities^[105] of the administrative violation, which is used as the basis for determining the fine bracket and the power to impose penalties, can not be determined according to provisions of clause 2 of this Article, the competent person who is handling the case may issue a decision to impound such exhibits/instrumentalities^[106] and establish a valuation council in charge of valuing such exhibits/instrumentalities. Such a valuation council is composed of a Chairperson who is the person issuing the decision to impound exhibits/instrumentalities^[107] of the violation, and other members who are representatives of the same-level finance authority and relevant specialized agencies.

Exhibits/instrumentalities^[108] of the violation may be impounded for a maximum period of 48 hours^[109], starting from the issue date of the impoundment decision. Where necessary, this period may be extended for up to 48 hours^[110]. All costs incurred from the impoundment, valuation and damage caused by such impoundment shall be covered by the agency where the person issuing the impoundment decision is working. Impoundment procedures and record shall comply with^[111] provisions of Article 125 of this Law.

4. The ground and documents relating to determination of value of exhibits/instrumentalities^[112] of an administrative violation must be specified in the dossier on imposition of administrative penalties.

Article 61. Explanations^[113]

1. With regard to administrative violations, according to regulations of law, subject to penalties including suspension of licenses/practicing certificates or operations for fixed periods, or imposition of the maximum limit of the fine bracket which starts from VND 15.000.000 or more upon an individual, or which starts from VND 30.000.000 or more upon an organization, the violating individual or organization shall have the rights to give explanations directly or in writing to persons having power to impose penalties. Persons having power to impose penalties shall be responsible to take into consideration explanations of violating individuals or organizations before making penalty imposition decisions, unless these violating individuals and organizations do not need to give such explanations.

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Where a violation case involves many complicated facts, the person having power to impose penalties can extend the aforesaid duration for up to 05 working days at the request of the violating individual or organization. Such extension decided by the person having power to impose penalties must be documented.

The violating individual or organization can, by themselves, or authorize their lawful representative to, give written explanations.

3. In case of explanations given directly, the violating individual or organization shall send a written request for permission to give direct explanations to the person having power to impose administrative penalties within 02 working days from the issue date of the administrative violation record.

The person having power to impose penalties shall notify the violator in writing of the time and place of the meeting session for direct explanation within 05 working days of receipt of the violator’s request.

The person having power to impose penalties holds a direct explanation session and is responsible for presenting legal grounds, facts and evidences related to the administrative violation, penalties and remedial measures to be imposed. The violating individual or organization or their lawful representative shall have the rights to participate in that explanation session and give their opinions and evidences to protect their legitimate rights and interests.

A record of the direct explanation session shall be made and bear signatures of the involved parties. If the record consists of many pages, the involved parties must sign on each page of the record. The record must be kept in the dossier on imposition of administrative penalties, and 01 copy of the record must be delivered to the violating individual or organization or their lawful representative.

4. Where a violating individual or organization does not request permission to give explanations, but then does so before expiration of the time limit specified in clause 2 or clause 3 of this Article, the person having power to impose penalties shall be responsible to consider the explanations of the violating individual or organization.

5. The Government shall elaborate this Article.

Article 62. Transfer of dossiers on administrative violations suspected of crimes for criminal prosecution

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2. During the execution of a penalty imposition decision and before the expiration of the prescriptive period for initiating criminal prosecution proceedings, if the administrative violation is suspected of a crime, the person who issued the penalty imposition decision shall make a decision to suspend execution of such decision, and within 03 days from the date of the suspension decision, transfer the violation dossier to the authority competent to institute criminal proceedings^[115]. In case the penalty imposition decision has been fully executed, the person who issued the penalty imposition decision shall transfer the violation dossier to the authority competent to institute criminal proceedings^[116].

3. The authority competent to institute criminal proceedings^[117] shall consider drawing up conclusions on the violation case and give written response to the competent person transferring the violation dossier within the period prescribed by the law on criminal procedures. Where a decision not to file criminal charges is issued, within 03 days from the issue date of the decision, the authority competent to institute criminal proceedings^[118] shall return the violation dossier to the competent person who has transferred such dossier.

With regard to the case specified in clause 2 of this Article, if authority competent to institute criminal proceedings^[119] issues a decision to file criminal charges, the person having power to impose administrative penalties shall nullify the issued penalty imposition decision and transfer all exhibits/instrumentalities and documents relating to the execution of the penalty imposition decision to the authority competent to institute criminal proceedings^[120].

4. Transfer of dossiers on violations suspected of crimes for initiating criminal prosecution proceedings must be notified in writing to violating individuals or organizations^[121].

Article 63. Transfer of violation dossiers for imposition of administrative penalties

1. ^[122] Regarding a case which has been handled and considered by an authority competent to institute criminal proceedings and for which a decision not to file criminal charges, decision to annul the decision to file criminal charges, decision to terminate investigation, decision to dismiss the case, decision to dismiss the lawsuit against the suspect, or decision to grant exemption from criminal liability under a judgment has been issued, if the case denotes an administrative violation, the authority competent to institute criminal proceedings shall transfer the issued decision, other documents included in the case file, exhibits/instrumentalities of the violation (if any), and a written request for imposition of administrative penalties to the person having the power to impose penalties for this administrative violation within 03 working days from the effective date of the issued decision.

2. ^[123] Imposition of administrative penalties shall be based on the violation dossier sent by the authority specified in clause 1 of this Article. Where it is necessary to further verify the involved facts to form a basis to issue penalty imposition decision, the person having power to impose penalties may make a record of verification of facts of the administrative violation case according to provisions of Article 59 of this Law.

3. A decision on imposition of administrative penalties must be issued within 30 days of receipt of any of the decisions specified in clause 1 of this Article and the violation dossier. In the event of verification conducted as prescribed in clause 2 of this Article, the penalty imposition decision must be issued within 45 days.

Article 64. Detection of administrative violations using technical and professional means and equipment^[124]

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2. Management, use, and compilation and promulgation of the list of technical and professional means and equipment must meet the following requirements and conditions:

a) Respect citizens' rights of freedom, honor, dignity, privacy, and other legitimate rights and interests of individuals and organizations;

b) Strictly comply with regulatory procedures and rules for use of technical and professional means and equipment;

c) Findings obtained using technical and professional means and equipment shall be recorded in writing and can only be used for imposition of administrative penalties;

d) Technical and professional means and equipment shall satisfy technical standards and regulations, and shall have been inspected, calibrated and tested in accordance with regulations of law; technical regulations and standards shall be maintained during use and at intervals between verification, calibration and testing engagements.

3. Use and preservation of findings obtained using technical and professional means and equipment shall satisfy the following requirements and conditions:

a) Findings obtained using technical and professional means and equipment are photos, images, printed slips, measurement indicators, data stored in the memories of technical and professional means and equipment in accordance with this Law;

b) Findings obtained using technical and professional means and equipment are used for imposition of administrative penalties only on condition that they meet requirements and conditions laid down in clause 2 of this Article;

c) Whenever receiving findings obtained using technical and professional means and equipment, the persons having power to impose administrative penalties shall quickly identify violating individuals or organizations, and send them written notices.

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d) Findings obtained using technical and professional means must be properly deposited and stored in dossiers on imposition of administrative penalties.

4. State regulatory authorities shall have jurisdiction to use technical and professional means and equipment, and other professional measures to identify information and data collected from technical means and equipment provided by violating individuals or organizations to detect any administrative violations.

5. The Government provides for the management, use of technical and professional means and equipment; persons or entities entitled to use technical and professional means and equipment; the list of technical and professional means and equipment used to detect administrative violations; and the use and preservation of findings obtained using technical and professional means and equipment; the process for collecting and using data obtained using technical means and equipment provided by violating individuals or organizations.

Article 65. Cases where no decision on imposition of administrative penalties is issued

1. No decision on imposition of administrative penalties shall be issued in the following cases:

a) Cases specified in Article 11 of this Law;

b) Entities committing the administrative violation cannot be identified;

c) The prescriptive period for imposing administrative penalties prescribed in Article 6, or the time limit for issuing penalty imposition decisions prescribed in clause 3 Article 63 or clause 1 Article 66 of this Law has expired;

d) The violator is dead or missing, or the violating organization has been dissolved or declared bankrupt while the penalty imposition decision is still under consideration;

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2. ^[126]As for the administrative violations specified at points a, b, c and d clause 1 of this Article, though competent persons do not issue decisions on imposition of administrative penalties, they shall issue decisions to confiscate exhibits/instrumentalities of administrative violations in the event that such exhibits/instrumentalities of administrative violations are classified as those banned from storage or circulation, or those subject to a penalty imposed in a form of confiscation and remedial measures as prescribed by laws.

A decision to confiscate exhibits/instrumentalities shall clearly state the reasons for not issuing penalty imposition decision; exhibits/instrumentalities confiscated; remedial measures to be imposed, responsibilities and duration of implementation of such measures.

Confiscation of exhibits/instrumentalities of administrative violations and imposition of remedial measures shall not be deemed as being subject to administrative penalties.

Article 66. Time limits for issuance of decisions on imposition of administrative penalties^[127]

1. Time limits for issuance of decisions on imposition of administrative penalties are provided for as follows:

a) Regarding a violation case other than those specified in point b and point c of this clause, the time limit for issuing a penalty imposition decision shall be 07 working days from the date of the administrative violation record; if the violation dossier must be transferred to the person having power to impose penalties, the time limit for issuing a penalty imposition decision shall be 10 working days from the date of the administrative violation record, except for the cases prescribed in clause 3 Article 63 of this Law;

b) Regarding a violation case where the violating individual or organization requests permission to give explanations or where relevant facts must be verified as prescribed in Article 59 of this Law, the time limit for issuing a penalty imposition decision shall be 01 month from the date of the administrative violation record;

c) Regarding a violation case mentioned in point b of this clause, if the violation is deemed extremely serious, involves complicated facts, and needs more time to carry out further verification and collection of evidence, the time limit for issuing a penalty imposition decision shall be 02 months from the date of the administrative violation record.

2. If persons having power to impose administrative penalties, involved individuals and organizations defer issuing penalty imposition decisions after expiry of the prescribed time limit through their fault, they shall incur penalties as prescribed by laws.

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1. If an individual or organization commits multiple administrative violations and is subjected to penalties for them at the same time, only one penalty imposition decision in which the penalties and fines for each violation are specified will be issued.

2. If multiple individuals or organizations commit the same administrative violation, one or more penalty imposition decisions in which the penalties and fines imposed on each individual or organization are specified may be issued.

3. If multiple individuals and organizations commit different administrative violations in the same case, one or more penalty imposition decisions in which the penalties and fines for the violation committed by each individual or organization are specified may be issued.

4. A penalty imposition decision shall become effective from the day on which it is signed, unless another effective date specified therein.

Article 68. Contents of decisions on imposition of administrative penalties

1. A decision on imposition of administrative penalties shall include the following primary contents:

a) The place and date of the decision;

b) Legal grounds for issuing the decision;

c) The administrative violation record, verification results, explanations given by the violating individual or organization or record of the explanation session, and other documents (if any);

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dd) Full name, address and occupation of the violator, or name, address, and full name and position of legal representative^[128] of the violating organization;

e) Description of the administrative violation; mitigating and aggravating circumstances;

g) Articles and clauses of legislative documents applied;

h) Primary penalty; additional penalties and remedial measures (if any);

i) Rights to file complaint or lawsuit against the decision on imposition of administrative penalties;

k) Effect of the decision, time limit and place for executing the decision on imposition of administrative penalties, place of fine payment;

l) Full name and signature of the person who issues the decision on imposition of administrative penalties;

m) Responsibility for execution of the decision on imposition of administrative penalties and application of enforcement measures in case the violating individual or organization fails to execute the decision voluntarily.

2. The time limit for executing a penalty imposition decision shall be 10 days from the date of receipt. If a longer time limit is specified in the decision, that time limit shall prevail.

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Section 2. EXECUTION OF DECISIONS ON IMPOSITION OF ADMINISTRATIVE PENALTIES

Article 69. Execution of decisions on imposition of administrative penalties without violation records

1. One (01) copy of a decision on imposition of administrative penalties without violation record must be delivered to the violating individual or organization. Where a warning is given to a minor, the penalty imposition decision shall also be sent to his/her parent or guardian.

2. The violating individual or organization pays the fine on the spot to the person having power to impose penalties. The person who collects the fine shall give a fine receipt to the violating individual or organization, and pay the collected fine directly at the State Treasury or transfer it to the State Treasury’s account within 02 working days from the date of collection.

Where the violating individual or organization is unable to pay the on-the-spot fine, they may pay the fine directly at the State Treasury or transfer it to the State Treasury’s account specified in the penalty imposition decision within the time limit prescribed in clause 1 Article 78 of this Law.

Article 70. Delivery of decisions on imposition of administrative penalties for execution

Within 02 working days from the issue date of a decision on imposition of administrative penalties with violation record, the competent person who issues the decision shall send it to the violating individual or organization, the agency in charge of collecting fines, and other relevant agencies (if any) for execution.

The decision on imposition of administrative penalties shall be delivered directly or by post, in the form of registered mail, to the violating individual or organization that shall be also notified accordingly.

In case the penalty imposition decision is delivered directly but the violating individual or organization deliberately refuses to receive it, the competent person shall make a record on such refusal to receive the decision which must bear certification given by the local government. After this task is completed, the penalty imposition decision is considered to have been delivered.

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Article 71. Transfer of decisions on imposition of administrative penalties for execution organization

1. In case an individual or organization commits an administrative violation within a provincial-level administrative division but resides or is headquartered in another one, and is unable to execute the penalty imposition decision at the place where he/she/it incurs the penalty, the penalty imposition decision shall be transferred to the same-level agency in charge of the area where the violating individual resides or where the violating organization is headquartered, or to the district-level People’s Committee if the former is not established, for organization of execution thereof.

2. ^[129] In case an administrative violation occurs at a district-level administrative division but the violating individual or organization resides or is headquartered in another one, and thus faces distance challenges and is unable to execute the decision at the place where he/she/it incurs the penalty, the penalty imposition decision shall be transferred to the same-level agency in charge of the area where the violating individual resides or where the violating organization is headquartered, or to the district-level People’s Committee if the former is not established, for organization of execution thereof.

3. ^[130] Agencies in charge of governing the persons who issue decisions on imposition of administrative penalties in the cases prescribed in clauses 1 and 2 of this Article shall transfer all originals of relevant documents to the agencies receiving the penalty imposition decisions for the purpose of execution thereof in accordance with this Law. Exhibits/instrumentalities of administrative violations which have been temporarily impounded or confiscated (if any) shall also be transferred to agencies receiving the penalty imposition decisions for execution, except exhibits which are live animals, plants, goods or items which are perishable or difficult to preserve according to regulations of laws and several other types of property as regulated by the Government.

Costs and expenses incurred from such transfer of documents, exhibits/instrumentalities of administrative violations shall be paid by violating individuals or organizations.

Article 72. Publishing of information on imposition of administrative penalties on mass media

1. Where an administrative violation in the field of food safety, quality of products and goods, pharmacy, medical examination and treatment, labour, construction, social insurance, health insurance, environmental protection, taxation, securities, intellectual property, metrology, or manufacturing and trading of banned and counterfeit goods, is committed and causes serious consequences or creates negative public opinions, the agency in charge of governing the person having power to impose administrative penalties shall publish information on such penalty imposition.

2. Such information to be published includes particulars of the violating individual or organization, description of the administrative violation, penalties and remedial measures.

3. Required information shall be published on the website or newspapers of ministerial- or provincial department-level regulatory authority or of the People's Committee of the provincial-level administrative division where the administrative violation is committed.

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1. A violating individual or organization shall be required to execute the decision on imposition of administrative penalties within 10 days from the date of receipt. If a longer time limit is specified in the decision, that time limit shall prevail.

The violating individual or organization that files a complaint or lawsuit against the decision on imposition of administrative penalties must still execute the decision, except the case prescribed in clause 3 Article 15 of this Law. Such complaint or lawsuit shall be settled in accordance with regulations of law.

2. The competent person who issues the penalty imposition decision shall monitor and examine the violating individual or organization’s execution of the decision, and notify the full execution of the decision to the agency in charge of managing the database on handling of administrative violations of the Ministry of Justice of Vietnam, and local justice agency.

Article 74. Prescriptive periods for execution of decisions on imposition of administrative penalties

1. ^[131] The prescriptive period for execution of a decision on imposition of administrative penalties is 01 year, starting from the issue date of such decision. Upon the expiry of this prescriptive period, execution of such decision shall not be needed any more, unless such decision prescribes a penalty imposed in a form of confiscation of exhibits/instrumentalities of administrative violations, and remedial measures.

2. If a violating individual or organization deliberately evades or delays the execution of the penalty imposition decision, the abovementioned prescriptive period shall start from the time of termination of such evasion or delay.

Article 75. Execution of decisions on imposition of administrative penalties in case the violator is dead or missing, or the violating organization is dissolved or declared bankrupt

If a violator is dead or missing, or a violating organization is dissolved or declared bankrupt, the fine imposition decision shall not be executed but the penalty imposed in the form of confiscation of exhibits/instrumentalities of the administrative violation and the remedial measure(s) specified in the penalty imposition decision must still be executed.

The Government shall elaborate this Article.

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1. Execution of a fine imposition decision may be adjourned if the following conditions are fully met:

a) The violator faces a fine of VND 2.000.000 or more, or the violating organization faces a fine of VND 100.000.000 or more;

b) The violator is facing economic difficulties due to natural disaster, calamity, fire, epidemic, fatal disease or accident; the violating organization is facing special or unexpected economic difficulties caused by natural disaster, calamity, fire or epidemic.

In case the violator is facing economic difficulties due to natural disaster, calamity, fire, epidemic, fatal disease or accident, a certification of the People's Committee of the commune where he/she resides or the authority or organization where he/she is learning or working shall be required; if the violator is facing economic difficulties due to fatal disease or accident, a certification given by a health facility at the district or higher level shall be required.

In case the violating organization is facing economic difficulties due to natural disaster, calamity, fire or epidemic, a certification of the People's Committee of the commune, the Management Board of industrial park, export processing zone, hi-tech zone, or economic zone, or its supervisory tax authority or superior authority shall be required.

2. The violating individual or organization shall send a written request for adjournment of execution of the fine imposition decision to the person who issued such fine imposition decision within the time limit prescribed in clause 2 Article 68 of this Law. Such request must be accompanied with the written certification given by the competent authority or organization as prescribed in clause 1 of this Article. Within 05 working days of receipt of the request, the person who issued the fine imposition decision shall consider issuing a decision on adjournment of such issued fine imposition decision.

The execution of a fine imposition decision may be adjourned for a period not exceeding 03 months from the issue date of the adjournment decision.

3. The violating individual or organization granted permission to adjourn the execution of the fine imposition decision may take back their documents, exhibits/instrumentalities of the administrative violation which are temporarily impounded as prescribed in clause 6 Article 125 of this Law.

Article 77. Fine reduction or exemption^[133]

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a) The violator continues to be in a difficult economic situation caused by natural disaster, calamity, fire, epidemic, fatal disease or accident, and provides a certification thereof given by the People's Committee of the commune where he/she resides, or the authority or organization where he/she is learning or working;

b) The violating organization continues to be in special or unexpected difficult economic situation caused by natural disaster, calamity, fire or epidemic, and provides a certification thereof given by the People's Committee of the commune, the Management Board of industrial park, export processing zone, hi-tech zone, or economic zone, or its supervisory tax authority or superior authority.

2. A violator shall be exempt from payment of the remaining amount of the fine stated in the penalty imposition decision due to his/her incapability of executing such decision if one of the following circumstances occurs:

a) Despite being granted partial reduction in the fine as prescribed in clause 1 of this Article, the violator continues to be in a difficult economic situation caused by natural disaster, calamity, fire, epidemic, fatal disease or accident, and provides a certification thereof given by the People's Committee of the commune where he/she resides, or the authority or organization where he/she is learning or working;

b) The violator has made the first or second payment of the fine which can be paid in installments as prescribed in Article 79 of this Law but faces special or unexpected economic difficulties due to natural disaster, calamity, fire, epidemic, fatal disease or accident, and provides a certification thereof given by the People's Committee of the commune where he/she resides or the authority or organization where he/she is learning or working; if the violator is facing unexpected economic difficulties due to fatal disease or accident, a certification given by a health facility at the district or higher level shall be required.

3. The violating organization shall be exempt from payment of the remaining amount of the fine stated in the penalty imposition decision if the following conditions are fully met:

a) It has been granted partial reduction in the fine as prescribed in Clause 1 of this Article or has made the first or second payment of the fine which can be paid in installments as prescribed in Article 79 of this Law;

b) Additional penalties and remedial measures stated in the penalty imposition decision have been completely executed;

c) The violating organization continues to be in special or unexpected difficult economic situation caused by natural disaster, calamity, fire or epidemic, and provides a certification thereof given by the People's Committee of the commune, the Management Board of industrial park, export processing zone, hi-tech zone, or economic zone, or its supervisory tax authority or superior authority.

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a) Despite being granted the adjournment of execution of the fine imposition decision as prescribed in Article 76 of this Law, the violator continues to be in a difficult economic situation caused by natural disaster, calamity, fire, epidemic, fatal disease or accident, and provides a certification thereof given by the People's Committee of the commune where he/she resides, or the authority or organization where he/she is learning or working;

b) The violator incurs a fine of VND 2.000.000, or more, but is facing special or unexpected economic difficulties due to natural disaster, calamity, fire, epidemic, fatal disease or accident, and provides a certification thereof given by the People's Committee of the commune where he/she resides or the authority or organization where he/she is learning or working; if the violator is facing unexpected economic difficulties due to fatal disease or accident, a certification given by a health facility at the district or higher level shall be required.

5. A violating organization shall be exempt from payment of the entire amount of the fine stated in the penalty imposition decision if the following conditions are fully met:

a) It has been granted the adjournment of execution of the fine imposition decision as prescribed in Article 76 of this Law;

b) Additional penalties and remedial measures stated in the penalty imposition decision have been completely executed;

c) The violating organization continues to be in special or unexpected difficult economic situation caused by natural disaster, calamity, fire or epidemic, and provides a certification thereof given by the People's Committee of the commune, the Management Board of industrial park, export processing zone, hi-tech zone, or economic zone, or its supervisory tax authority or superior authority.

6. The violating individual or organization must send a written request for the fine reduction or exemption which is accompanied with a certification given by a competent authority as prescribed in Clauses 1, 2, 3, 4 and 5 of this Article to the person who issued the penalty imposition decision. Within 05 working days of receipt of the request, the person who issued the penalty imposition decision shall consider issuing a fine reduction or exemption decision, and notify the violating individual or organization of this decision; if a request for fine reduction or exemption is refused, reasons for such refusal must be clearly stated.

7. The violating individual or organization granted the fine reduction or exemption may take back their documents, exhibits/instrumentalities of the administrative violation which are temporarily impounded as prescribed in clause 6 Article 125 of this Law.

Article 78. Fine payment procedures

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2. In remote and isolated, border or mountainous areas where the violating individual or organization faces distance challenge, they may pay the fine directly to the person having power to impose penalties. The person having power to impose penalties shall collect the fine on the spot and pay it to the State Treasury or transfer it to the State Treasury’s account within a maximum duration of 07 days from the collection date.

Where a penalty imposition decision is issued at sea or before or after the office hours, the person having power to impose penalties may collect the fine directly and pay the collected fine to the State Treasury or transfer it to the State Treasury’s account within a maximum duration of 02 days from the day on which they return to shore or from the collection date.

3. Any fine imposed must be paid in lump sum, except the cases specified in Article 79 of this Law.

When collecting the fine, the collector shall give a fine receipt to the payer.

4. The Government shall elaborate this Article.

Article 79. Payment of fine in installments

1. ^[135] A fine may be paid in installments if the following conditions are fully met:

a) The violator faces a fine of VND 15.000.000 or more, or the violating organization faces a fine of VND 150.000.000 or more;

b) The violating individual or organization is facing special economic difficulties and thus submit a written request for permission to pay the fine in installments. Such a request submitted by the violator must bear certification of such economic difficulty situation given by the People's Committee of the commune where he/she resides or the authority or organization where he/she is learning or working. Such a request submitted by the violating organization must bear certification of such economic difficulty situation given by the People's Committee of the commune, the Management Board of industrial park, export processing zone, hi-tech zone, or economic zone, or its supervisory tax authority or superior authority.

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The first payment must be at least 40% of total outstanding fine.

3. The person issuing a fine imposition decision is entitled to decide payment of the fine in installments. A written decision to pay the fine in installments must be made.

Article 80. Procedures for suspension of licenses/practicing certificates or suspension of operation for fixed period

1. In case the suspension of a license or practicing certificate for a fixed period is written in the penalty imposition decision, the person having power to impose penalties shall seize and preserve such license or practicing certificate and immediately send a notification thereof to the relevant licensing or issuing authority. Upon the expiry of the suspension period specified in the penalty imposition decision, the person having power to impose penalties shall return the suspended license or practicing certificate to its holder.

2. In case of suspension of operation for a fixed period, the violating individual or organization shall immediately suspend part or all of their production and business, service provision or other activities as specified in the penalty imposition decision.

3. During the period of suspension of license or practicing certificate or suspension of operation for a fixed period, the subject production, business and/or service establishment shall not be allowed to perform any of the activities specified in the penalty imposition decision.

4. In the case specified in clause 1 or 2 of this Article, if the subject production, business and/or service establishment is found to be likely to actually cause harm to human life, health and/or the environment, the person having power to impose penalties shall notify relevant agencies in writing of the suspension of license or practicing certificate or suspension of operation for a fixed period.

5. ^[136] In case a license or practicing certificate is found to have been issued ultra vires or contain unlawful information, the person having power to impose penalties shall impound that license or practicing certificate and promptly issue a decision to revoke it within his/her competence; in case such revocation falls beyond his/her competence, the person having power to impose penalties shall impound that license or practicing certificate and, within 02 working days from the date of violation detection, transfer it to the relevant licensing or issuing authority or person to take further consideration in accordance with regulations of law, and give a notification of such transfer to the violating individual or organization.

Article 81. Procedures for confiscation of exhibits and instrumentalities

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If there are changes in the status of the exhibit or instrumentality temporarily impounded, compared to its status at the time the impoundment decision was issued, the person having power to impose penalties must make a record of these changes; such record must bear signatures of the record maker, the person in charge of the impoundment, and the witness.

2. The exhibits/instrumentalities confiscated must be managed and preserved in accordance with the Government’s regulations.

3. ^[137] The exhibits/instrumentalities of which decisions on confiscation have already been issued shall be handled in accordance with regulations of law on management and use of public property.

Article 82. ^[138] (abrogated)

Article 83. Management of revenues earned from imposition of administrative penalties, documents on collection and transfer of fines

1. Revenues earned from imposition of administrative penalties include fines, interests on late payment of fines, proceeds from sale or liquidation of confiscated exhibits and instrumentalities of administrative violations, and other amounts.

2. Revenues earned from imposition of administrative penalties must be entirely transferred to state budget, and shall be managed and used regulations of law on state budget.

Documents on collection and transfer of such revenues shall be managed in accordance with the Government’s regulations.

Article 84. Expulsion procedures

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2. Competent police agencies shall be responsible for organizing the execution of expulsion decisions, and the implementation of measures for preventing and ensuring handling of administrative violations as prescribed in Chapter I Part four of this Law.

Article 85. Implementation of remedial measures

1. A remedial measure must be implemented within the time limit specified in the decision on imposition of administrative penalties or decision on imposition of remedial measures as prescribed in point b clause 2 Article 28 of this Law.

2. The violating individual or organization shall implement the remedial measures specified in the decision according to regulations of law and incur all costs arising from such implementation of remedial measures.

3. The competent person who issues the decision shall monitor, expedite and inspect the implementation of remedial measures by the violating individual or organization.

4. In case it is impossible to identify the violating entity as prescribed in clause 2 Article 65 of this Law, or the violator is dead or missing, or the violating organization has been dissolved or declared bankrupt, but there is not organization receiving relevant rights and obligations as prescribed in Article 75 of this Article, the agency in charge of governing the person who has the power to impose penalties and is handling the violation case shall organize the implementation of the remedial measures prescribed in clause 1 Article 28 of this Law.

Costs arising from the implementation of the remedial measures under the decision issued by the agency in charge of governing the person having power to impose penalties shall be covered using the state budget-derived reserve funding allocated to that agency.

5. In case of emergency where immediate action is required to remedy the consequences of the violation in order to protect the environment or ensure traffic safety, the agency in charge of governing the person who has the power to impose penalties and is handling the violation case shall organize the implementation of the remedial measures. The violating individual or organization shall repay costs arising from the implementation of remedial measures to the agency in charge of such implementation; if they fail to do so voluntarily, coercive measures shall be taken to enforce compliance.

Section 3. ENFORCING EXECUTION OF DECISIONS ON IMPOSITION OF ADMINISTRATIVE PENALTIES

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1. ^[139] Enforcement of execution of decisions on imposition of administrative penalties shall be needed in the following cases:

a) The individual or organization subject to the decision on imposition of administrative penalties fails to voluntarily execute the decision as prescribed in Article 73 of this Law;

b) The violating individual or organization fails to voluntarily repay costs arising from implementation of remedial measures as prescribed in clause 5 Article 85 of this Law.

2. Measures taken to enforce execution of decisions on imposition of administrative penalties include:

a) Deduct money from salary or income or from account of the violating individual or organization;

b) Distrain the property whose value is equivalent to the fine for sale at auction;

c) Collect money and other property of the entity subject to enforcement of execution of the decision on imposition of administrative penalties which are kept by other individuals or organizations in case the violating individual or organization deliberately hides their property after committing the violation.

d) Enforce the implementation of the remedial measures mentioned in clause 1 Article 28 of this Law.

3. The Government shall provide specific regulations on enforcement of execution of decisions on imposition of administrative penalties.

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1. The following persons shall have the power to issue enforcement decisions:

a) Chairpersons of People’s Committees at any levels;

b) Heads of Police Posts, District-level Police Chiefs, Directors of Provincial-level Police Departments, Directors General (Directors) of Economic Security Department, Police Department for Administrative Management of Social Order, Investigation Police Department for Social Order Crimes, Police Department for Investigation into Corruption, Economy and Smuggling-related Crimes, Police Department for Investigation into Drug-related Crimes, Traffic Police Department, Fire and Rescue Police Department, Environment Crime Prevention and Fighting Police Department, Department of Cybersecurity and Hi-tech Crime Prevention and Control, Internal Security Department, and Police Department for Management of Retention and Enforcement of Criminal Judgments at Community, and Mobile Police Commander;

c) Heads of Border Guard Posts, Commanding Officers of Border Guard Commands at port border checkpoints, Provincial-level Border Guard Commanders, Captains of Naval Border Guard Squadrons; Heads of Task Force Commissions for Drug and Crime Prevention and Control, Director General of the Drug and Crime Prevention and Control Department; Regional Coast Guard Commanders, Vietnam Coast Guard Commander;

d) Directors of Customs Sub-departments; Directors of Post-clearance Audit Sub-departments, Leaders of Control Teams of provincial, inter-provincial or municipal Customs Departments; Leaders of Criminal Investigation Teams, Leaders of Smuggling Control Teams, Captains of Maritime Control Flotillas and Leaders of Anti-smuggling, Counterfeit Product Control and Intellectual Property Teams affiliated to the Anti-smuggling Investigation Department; Directors of Post-clearance Audit Sub-departments affiliated to the Post-clearance Audit Department; Directors of provincial, inter-provincial or municipal Customs Departments; Director of Post-clearance Audit Department; Director of the Anti-smuggling Investigation Department, and Director General of General Department of Vietnam Customs;

dd) Heads of Forest Ranger Offices, Directors of Forest Protection Sub-departments, Directors of Regional Forest Protection Sub-departments, Director General of the Forest Protection Department;

e) Directors of Regional Fisheries Surveillance Sub-departments, Director General of Vietnam Fisheries Surveillance Department;

g) Directors of Taxation Sub-departments, Directors of Taxation Departments, and Director General of General Department of Taxation;

h) Directors of Provincial-level Market Surveillance Departments, Director of Market Surveillance Operations Department affiliated to Vietnam Directorate of Market Surveillance, and Director General of Vietnam Directorate of Market Surveillance;

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k) Other title holders specified in clauses 2, 3 and 4 Article 46 of this Law;

l) Directors of Maritime Administrations, Airports Authorities, and Inland Waterway Administrations;

m) Chief Justices of district-level People’s Courts, Chief Justices of provincial-level People’s Courts, Chief Justices of regional military courts, Chief Justices of Military Courts of military zones and of equivalent levels, Presidents of specialized courts of the Superior People’s Court; Directors of Civil Judgment Enforcement Sub-departments, Directors of Civil Judgment Enforcement Departments, Heads of Judgment Enforcement Divisions of military zones, Director General of the General Department of Civil Judgment Enforcement, and Director of Judgment Enforcement Department of the Ministry of National Defense of Vietnam;

n) Chief auditors;

o) Heads of diplomatic missions, consular missions, and other overseas missions authorized to perform consular functions of the Socialist Republic of Vietnam.

2. The persons having the power to issue enforcement decisions as prescribed in clause 1 of this Article may delegate power to their deputies. A power delegation decision must be made and clearly indicate the scope, contents and validity period of such delegation of power. Delegated deputies must assume responsibility to their heads or leaders and legal responsibility for their exercise of delegated powers. Delegated deputies are not allowed to sub-delegate those powers to others.

3. Competent persons of the agencies that receive penalty imposition decisions for organization of execution thereof as prescribed in Article 71 of this Law shall themselves issue or request their superiors to issue decisions to enforce execution of such received decisions.

Article 88. Execution of enforcement decisions

1. ^[141] Within 02 working days from the issue date of a decision to enforce execution of decision on imposition of administrative penalties, the person issuing such decision shall send the issued decision to the obliged person or organization, agency or body in charge of enforcement, and relevant individuals and organizations.

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Sending enforcement decisions to relevant individuals and organizations shall conform to regulations laid down in Article 70 of this Law.

An enforcement decision shall be executed immediately when the obliged person or organization receives it.

2. Individuals or organizations receiving enforcement decisions must strictly execute such decisions and incur all costs arising from the implementation of enforcement measures.

2a. ^[142] The prescriptive period for execution of an enforcement decision starts from the date on which it is issued to the time when the decision on imposition of administrative penalties ceases to have effect as prescribed in clause 1 Article 74 of this Law. Upon the expiry of this prescriptive period, execution of such enforcement decision shall not be needed any more, unless the penalty imposition decision prescribes a penalty imposed in a form of confiscation of exhibits/instrumentalities of administrative violation, and remedial measures.

3. Responsibility to cooperate in executing enforcement decisions of relevant agencies and organizations:

a) Relevant agencies and organizations are obliged to cooperate with persons having power to issue enforcement decisions in implementing measures for executing such enforcement decisions;

b) People’s Public Security Forces are responsible for ensuring public order and safety during the execution of enforcement decisions issued by Chairpersons of People’s Committees of the same level or other regulatory authorities as requested;

c) ^[143] Each credit institution, State Treasury, or foreign bank branch where the obliged person or organization opens their account shall provide information on conditions for execution of decision on imposition of administrative penalties of the obliged person or organization within 02 working days of receipt of the written request from the person having power to issue enforcement decision; block the account balance amount equivalent to the amount that the obliged person or organization shall pay or freeze the entire amount available in the account in case the deposit account balance is less than the amount that the obliged person or organization shall pay; take away the amount from the account to pay the outstanding amount at the request of the person having power to issue enforcement decision. Within 05 working days prior to the aforesaid transfer activity, the credit institution, State Treasury, or foreign bank branch shall notify the obliged person or organization of such transfer; such mandatory transfer does not need the consent given by the obliged person or organization.

The Government shall elaborate this point.

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APPLICATION OF ADMINISTRATIVE HANDLING MEASURES

Chapter I

ADMINISTRATIVE HANDLING MEASURES

Article 89. Education at communes, wards or commune-level towns

1. “Education at communes, wards or commune-level towns” is an administrative handling measure imposed upon the violators specified in Article 90 of this Law with a view to educating and managing them at their places of residence in case it is not necessary to isolate them from community.

2. The duration of application of the “education at communes, wards or commune-level towns” measure is from 03 to 06 months.

Article 90. Violators subject to “education at communes, wards or commune-level towns” measure^[144]

1. A person aged from 12 to under 14 who deliberately commits an act denoting a very serious crime as defined in the Criminal Code.

2. A person aged from 14 to under 16 who deliberately commits an act denoting a serious crime as defined in the Criminal Code.

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4. A person aged from 16 to under 18 who has incurred administrative penalties twice, and receives an administrative violation record issued at his/her third attempt within 06 months, for one of the following acts: offending the dignity and honor of other persons; injuring or harming the health of other persons; illegally impoundment of property; destroying or intentionally damaging property of other persons; disturbance of public order; property theft; gambling; fraud; illegal racing, which does not constitute a criminal offence.

5. A person aged 14 or older who has incurred administrative penalties twice, and receives an administrative violation record issued at his/her third attempt within 06 months, for the act of illegally using narcotic substances.

6. A person aged 18 or older who has incurred administrative penalties twice, and receives an administrative violation record issued at his/her third attempt within 06 months, for one of the following acts: offending the dignity and honor of other persons; injuring or harming the health of other persons; illegally impoundment of property; destroying or intentionally damaging property of other persons; disturbance of public order; property theft; gambling; fraud; illegal racing; maltreating or torturing grandparents, parents, spouses, children, grandchildren or caregivers, which does not constitute a criminal offence.

7. If the persons mentioned in clauses 1, 2, 3, 4, and persons aged from 14 to under 18 specified in clause 5 of this Article do not have stable places of residence, they shall be assigned to social protection establishments or child support establishments to put them under control and have them educated during the period of implementation of the “education at communes, wards or commune-level towns” measure.

If a person aged 18 or older as specified in clause 5 of this Article does not have a stable place of residence, he/she shall be assigned to the People’s Committee of the commune where he/she is found illegally using narcotic substances at the third attempt to put him/her under control.

Article 91. Placement of violator in reform school

1. “Placement of violator in reform school” is an administrative handling measure imposed upon the violators specified in Article 92 of this Law with a view to helping them attend educational and vocational training courses, work and live under the supervision and education of the reform school.

2. The duration of application of the “placement of violator in reform school” measure is from 06 to 24 months.

Article 92. Violators subject to “placement of violator in reform school” measure^[145]

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2. A person aged from 14 to under 16 who deliberately commits an act denoting a very serious crime or an extremely serious crime as defined in the Criminal Code, except for those crimes specified in clause 2 Article 12 of the Criminal Code.

3. A person aged from 14 to under 16 who commits any of the violations specified in clauses 2 and 3 Article 90 of this Law, and has previously been subjected to the “education at communes, wards or commune-level towns” measure.

4. A person aged from 16 to under 18 who commits any of the violations specified in clause 4 Article 90 of this Law, which does not constitute a criminal offence, and has previously been subjected to the “education at communes, wards or commune-level towns” measure.

5. The “placement of violator in reform school” measure shall not be imposed upon the following violators:

a) A person lacking administrative liability capacity;

b) A pregnant woman who has a certification given by a health facility at the district level or higher;

c) A woman or the sole person responsible for taking care of a child under 36 months of age, with a certification given by the People’s Committee of the commune where he/she resides.

Article 93. Placement of violator in compulsory educational institution

1. “Placement of violator in compulsory educational institution” is an administrative handling measure imposed upon the violators specified in Article 94 of this Law with a view to forcing them to work, attend educational and vocational training courses, and live under the supervision of the educational institution.

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Article 94. Violators subject to “placement of violator in compulsory educational institution” measure

1. ^[146] The “placement of violator in compulsory educational institution” measure shall be imposed upon the following violators:

a) A person aged 18 or older who has incurred administrative penalties twice, and receives an administrative violation record issued at his/her third attempt within 06 months, for one of the violations specified in clause 6 Article 90 of this law which does not constitute a criminal offence, and does not have a stable place of residence;

b) A person aged 18 or older who commits any of the violations specified in clause 6 Article 90 of this Law which does not constitute a criminal offence, and has previously been subjected to the “education at communes, wards or commune-level towns” measure.

2. The “placement of violator in compulsory educational institution” measure shall not be imposed upon the following violators:

a) A person lacking administrative liability capacity;

b) A person under 18 years of age;

c) A woman above 55 years of age, or a man above 60 years of age;

d) A pregnant woman who has a certification given by a health facility at the district level or higher^[147];

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Article 95. Placement of drug addict in compulsory rehabilitation center

1. “Placement of drug addict in compulsory rehabilitation center” is an administrative handling measure imposed upon the violators specified in Article 96 of this Law with a view to forcing them to receive medical treatment, work, and attend educational and vocational training courses under the supervision of the rehabilitation center.

2. The duration of application of the “placement of drug addict in compulsory rehabilitation center” measure is from 12 to 24 months.

Article 96. Violators subject to “placement of drug addict in compulsory rehabilitation center” measure

1. ^[148] Drug addicts aged 18 or older who are subjected to the “placement of drug addict in compulsory rehabilitation center” measure as prescribed by the Law on Prevention and Control of Narcotic Substances.

2. The “placement of drug addict in compulsory rehabilitation center” measure shall not be imposed upon the following violators:

a) A person lacking administrative liability capacity;

b) A pregnant woman who has a certification given by a health facility at the district level or higher^[149];

c) A woman or the sole person responsible for taking care of a child under 36 months of age, with a certification given by the People’s Committee of the commune where he/she resides.

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PROCEDURES FOR MAKING REQUESTS FOR APPLICATION OF ADMINISTRATIVE HANDLING MEASURES

Article 97. Making requests for application of “education at communes, wards or commune-level towns” measure

1. A commune-level police chief in charge of the area where the violator mentioned in Article 90 of this Law resides or commits the violation may, either at their discretion or upon the request of the Chairperson of the commune-level Fatherland Front Committee or a representative of the grassroots-level residential unit, agency, or organization, make a request for application of the “education at communes, wards or commune-level towns” measure.

2. If a violator who is directly detected by a district- or provincial-level police authority during their investigation and handling of violation cases is not liable to criminal prosecution but falls into any of the cases prescribed in Article 90 of this Law, the police authority that is handling the violation case shall conduct verification and collection of documents, and make a request for application of the “education at communes, wards or commune-level towns” measure to that violator.

3. A request for application of the “education at communes, wards or commune-level towns” measure includes a summary of the violator’s background, documents related to the violation, medical records (if any), the violator’s statement, and other relevant documents.

Such a request for application of the “education at communes, wards or commune-level towns” measure to the violator who is a minor must also include opinions given by the school, agency or organization where he/she is studying or working (if any), those of his/her parent or guardian.

4. ^[150] Authorities making requests as prescribed in clause 1 and clause 2 of this Article shall take responsibility for the legality of such requests. After completely making a request, the authority making such request shall notify the subject violator or his/her lawful representative in writing of such request; with regard to a minor, his/her parent or guardian must be notified of such request. These persons are entitled to read all documents in the request and keep record of necessary information within 03 working days from their receipt of such notification.

Article 98. Decision on application of “education at communes, wards or commune-level towns” measure

1. ^[151] Within 01 working day after expiry of the time limit for reading documents specified in clause 4 Article 97 of this Law, the authority making such a request as prescribed in clause 1 or 2 Article 97 of this Law shall send such request to Chairperson of the relevant commune-level People's Committee.

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2. Within 02 working days^[152] from the end of the consultation meeting specified in clause 1 of this Article, the Chairperson of the commune-level People's Committee shall consider issuing a decision on application of “education at communes, wards or commune-level towns” measure. Depending on each violator, the Chairperson of the commune-level People’s Committee shall decide to assign the violator to appropriate agency, organization or their family for supervision and education; if the violator does not have a stable place of residence, he/she will be assigned to a social protection establishment or child support establishment for supervision and education.

3. A decision on application of "education at communes, wards or commune-level towns” measure must clearly indicate the issue date of the decision; full name and position of the person issuing the decision; full name, date of birth and place of residence of the violator; description of the violation; articles and clauses of legislative documents applied; duration of application; effective date of the decision; responsibilities of agency, organization or family assigned to take charge of education and supervision of the violator; rights to file complaints and lawsuits as prescribed by law.

4. A decision on application of "education at communes, wards or commune-level towns” measure shall come into force from the day on which it is signed, and must be immediately sent to the violator, his/her family, commune-level People's Council, and relevant agencies and organizations.

5. All documents relating to the application of "education at communes, wards or commune-level towns” measure must be numbered and retained in accordance with regulations of the law on archives.

Article 99. Making requests for application of “placement of violator in reform school” measure

1. Requests for application of “placement of violator in reform school” measure to the violators prescribed in Article 92 of this Law are made according to the following provisions:

a) If the violator who is a minor has a stable place of residence, Chairperson of the People’s Committee of the commune where he/she resides shall make a request for application of “placement of violator in reform school” measure.

Such a request includes a summary of the violator’s background; documents related to the violation; education measures applied; the violator’s statement, opinions given by his/her parent or lawful representative, opinions given by the school, agency or organization where he/she is studying or working (if any), and other relevant documents;

b) If the violator who is a minor does not have a stable place of residence, Chairperson of the People’s Committee of the commune where he/she commits the violation shall make a request for application of “placement of violator in reform school” measure.

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c) Commune-level police authorities shall assist Chairpersons of the same-level People's Committees in collecting relevant documents and making the requests as prescribed in points a and b clause 1 of this Article.

2. If a violator who is a minor and directly detected by a district- or provincial-level police authority during their investigation and handling of violation cases is not liable to criminal prosecution but is subjected to the “placement of violator in reform school” measure as prescribed in Article 92 of this Law, the police authority that is handling the violation case shall conduct verification and collection of documents, and make a request for application of the “placement of violator in reform school” measure to that violator.

Such a request includes a summary of the violator’s background; documents related to the violation; education measures applied; the violator’s statement, opinions given by his/her parent or lawful representative.

3. ^[153] Authorities making requests as prescribed in clause 1 and clause 2 of this Article shall take responsibility for the legality of such requests. After completely making a request, the authority making such request shall notify the subject violator or his/her parent or lawful representative in writing of such request. These persons are entitled to read all documents in the request and keep record of necessary information within 03 working days from their receipt of such notification.

Article 100. Consideration and decision on transfer of requests for application of "placement of violator in reform school" measure to District-level People’s Courts

1. ^[154] Within 01 working day after expiry of the time limit for reading documents specified in clause 3 Article 99 of this Law, the Chairperson of the Commune-level People’s Committee shall send the request for application of “placement of violator in reform school” measure to the relevant District-level Police Chief. Within 02 working days from his/her receipt of the request, the District-level Police Chief shall decide to transfer it to the District-level People’s Court. In case the received request does not include adequate documents as prescribed, the District-level Police Chief shall return it to the authority making such request for modifying it. Such modification of the request must be completed within 02 working days from the day on which it is returned. Within 02 working days from his/her receipt of the modified request, the District-level Police Chief shall decide to transfer it to the District-level People’s Court.

Within 01 working day from the expiry of the time limit for reading documents specified in clause 3 Article 99 of this Law, the District-level Police Chief or Director of the Provincial-level Police Authority, for the case specified in clause 2 Article 99 of this Law, shall decide to transfer the request to the People’s Court of district where the subject violator commits the violation to seek its decision on application of “placement of violator in reform school” measure.

2. The request sent to the District-level People’s Court to consider issuing a decision on application of "placement of violator in reform school" measure includes:

a) The request for application of "placement of violator in reform school" measure prescribed in Article 99 of this Law;

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3. All documents relating to the request for application of "placement of violator in reform school" measure must be numbered and retained in accordance with regulations of the law on archives.

Article 101. Request for application of “placement of violator in compulsory educational institution” measure

1. Requests for application of “placement of violator in compulsory educational institution” measure to the violators prescribed in Article 94 of this Law are made according to the following provisions:

a) If the violator has a stable place of residence, Chairperson of the People’s Committee of the commune where he/she resides shall make a request for application of “placement of violator in compulsory educational institution” measure.

Such a request includes a summary of the violator’s background; documents related to the violation; description of the “education at communes, wards or commune-level towns” measure applied; the statement made by the violator or his/her lawful representative, and other relevant documents;

b) If the violator does not reside in the area where he/she commits the violation, Chairperson of the Commune-level People’s Committee shall conduct verification; if the violator’s place of residence is determined, the violator and his/her administrative violation record shall be transferred to the authority in charge of his/her place of residence for handling; if the violator’s place of residence cannot be determined, a request for application of “placement of violator in compulsory educational institution” measure shall be made.

Such a request includes the administrative violation record; a summary of the violator’s background; documents related to the violation; an extract of his/her previous convictions and criminal records; education measures applied; the statement made by the violator or his/her lawful representative;

c) Commune-level police authorities shall assist Chairpersons of the same-level People's Committees in collecting relevant documents and making the requests as prescribed in points a and b clause 1 of this Article.

2. If a violator who is directly detected by a district- or provincial-level police authority during their investigation and handling of violation cases is not liable to criminal prosecution but is subjected to the “placement of violator in compulsory educational institution” measure as prescribed in Article 94 of this Law, the police authority that is handling the violation case shall conduct verification and collection of documents, and make a request for application of the “placement of violator in compulsory educational institution” measure to that violator.

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3. ^[156] Authorities making requests as prescribed in clause 1 and clause 2 of this Article shall take responsibility for the legality of such requests. After completely making a request, the authority making such request shall notify the subject violator or his/her lawful representative in writing of such request. These persons are entitled to read all documents in the request and keep record of necessary information within 03 working days from their receipt of such notification.

Article 102. Consideration and decision on transfer of requests for application of "placement of violator in compulsory educational institution" measure to District-level People’s Courts

1. ^[157] Within 01 working day after expiry of the time limit for reading documents specified in clause 3 Article 101 of this Law or from the day on which the Director of compulsory rehabilitation center makes a record of a new violation as prescribed in clause 3 Article 118 of this Law, the Chairperson of the Commune-level People’s Committee or Director of compulsory rehabilitation center shall send the request for application of “placement of violator in compulsory educational institution” measure to the District-level Police Chief. Within 02 working days from his/her receipt of the request, the District-level Police Chief shall decide to transfer it to the District-level People’s Court. In case the received request does not include adequate documents as prescribed, the District-level Police Chief shall return it to the authority making such request for modifying it. Such modification of the request must be completed within 02 working days from the day on which it is returned. Within 02 working days from his/her receipt of the modified request, the District-level Police Chief shall decide to transfer it to the District-level People’s Court.

Within 01 working day from the expiry of the time limit for reading documents specified in clause 3 Article 101 of this Law, the District-level Police Chief or Director of the Provincial-level Police Authority, for the case specified in clause 2 Article 101 of this Law, shall decide to transfer the request to the People’s Court of district where the subject violator commits the violation to seek its decision on application of “placement of violator in compulsory educational institution” measure.

2. The request sent to the District-level People’s Court to consider issuing a decision on application of "placement of violator in compulsory educational institution" measure includes:

a) The request for application of "placement of violator in compulsory educational institution" measure as prescribed in Article 101 and Article 118 of this Law;

b) The written request form for application of "placement of violator in compulsory educational institution" measure made by the District-level Police Chief or Director of the Provincial-level Police Authority^[158].

3. All documents relating to the request for application of "placement of violator in compulsory educational institution" measure must be numbered and retained in accordance with regulations of the law on archives.

Article 103. Request for application of “placement of drug addict in compulsory rehabilitation center” measure^[159]

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a) If the drug addict has a stable place of residence, the Chairperson of the People’s Committee of the commune where he/she resides shall make a request for application of “placement of drug addict in compulsory rehabilitation center” measure;

b) If the drug addict does not have a stable place of residence, the Chairperson of the People’s Committee of the commune where he/she commits the violation shall make a request for application of “placement of drug addict in compulsory rehabilitation center” measure;

c) If a drug addict is directly detected by a district- or provincial-level police authority during their investigation and handling of violation cases, and thus is subjected to the “placement of drug addict in compulsory rehabilitation center” measure as prescribed in Article 96 of this Law, the police authority that is handling the violation case shall conduct verification and collection of documents, and make a request for application of the “placement of drug addict in compulsory rehabilitation center” measure to that drug addict;

d) Such a request includes the violation record; a summary of the drug addict’s background; documents proving the drug addiction; the statement made by the drug addict or his/her lawful representative, and other relevant documents;

dd) Commune-level police authorities shall assist Chairpersons of the same-level People's Committees in collecting relevant documents and making the requests as prescribed in points a, b and d clause 1 of this Article.

2. Authorities making requests as prescribed in clause 1 of this Article shall take responsibility for the legality of such requests. After completely making a request, the authority making such request shall notify the subject drug addict or his/her lawful representative in writing of such request. These persons are entitled to read all documents in the request and keep record of necessary information within 03 working days from their receipt of such notification.

Article 104. Consideration and decision on transfer of requests for application of "placement of drug addict in compulsory rehabilitation center" measure to District-level People’s Courts

1. ^[160] Within 01 working day after expiry of the time limit for reading documents, the provincial-level police authority shall send the request for application of the “placement of drug addict in compulsory rehabilitation center” measure to the Head of the Division of Labor, War Invalids and Social Affairs of the district where the drug addict commits the violation; district-level police authority or Chairperson of the Commune-level People’s Committee shall send the request to the Head of the relevant District-level Division of Labor, War Invalids and Social Affairs. Within 02 working days from his/her receipt of the request, the Head of the relevant District-level Division of Labor, War Invalids and Social Affairs shall decide to transfer it to the District-level People’s Court. In case the received request does not include adequate documents as prescribed, the Head of the District-level Division of Labor, War Invalids and Social Affairs shall return it to the authority making such request for modifying it. Such modification of the request must be completed within 02 working days from the day on which it is returned. Within 02 working days from his/her receipt of the modified request, the Head of the District-level Division of Labor, War Invalids and Social Affairs shall decide to transfer it to the District-level People’s Court.

2. The request sent to the District-level People’s Court to consider issuing a decision on application of "placement of drug addict in compulsory rehabilitation center" measure includes:

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b) The written request form for application of "placement of drug addict in compulsory rehabilitation center" measure made by the Head of the District-level Division of Labor, War Invalids and Social Affairs.

3. All documents relating to the request for application of "placement of drug addict in compulsory rehabilitation center" measure must be numbered and retained in accordance with regulations of the law on archives.

Chapter III

POWER AND PROCEDURES FOR CONSIDERING AND DECIDING APPLICATION OF ADMINISTRATIVE HANDLING MEASURES

Article 105. Power to decide application of administrative handling measures

1. Chairpersons of Commune-level People’s Committees shall have the power to apply the “education in communes, wards or commune-level towns” measure.

2. District-level People's Courts shall have the power to apply the following measures: placement of violator in reform school, placement of violator in compulsory educational institution, and placement of drug addict in compulsory rehabilitation center.

Article 106. Procedures for considering and deciding application of administrative handling measures

The National Assembly’s Standing Committee shall stipulate the procedures followed by People’s Courts to consider making decisions on application of the following measures: placement of violator in reform school, placement of violator in compulsory educational institution, and placement of drug addict in compulsory rehabilitation center.

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EXECUTION OF DECISIONS ON APPLICATION OF ADMINISTRATIVE HANDLING MEASURES

Article 107. Delivery of decisions on application of “placement of violator in reform school”, “placement of violator in compulsory educational institution”, and “placement of drug addict in compulsory rehabilitation center” measures for execution^[161]

Within 03 days from the effective date of the decision on application of administrative handling measure, the People's Court that issues the decision shall send the decision to the obliged person, the authority that sends the request for application of administrative handling measure, or the same-level Police Authority (if such a request is received from the provincial-level Police Authority), the People's Committee of the commune where the obliged person resides, and other concerned authorities for execution as prescribed by law; in case of a decision on application of “placement of violator in reform school” measure, it shall also be sent to the violator’s parent or lawful representative.

Article 108. Prescriptive periods for execution of decisions on application of administrative handling measures

1. The prescriptive period for execution of a decision on application of “education in communes, wards or commune-level towns” measure or “placement of violator in reform school” measure is 06 months, starting from the effective date of such decision.

2. The prescriptive period for execution of a decision on application of “placement of violator in compulsory educational institution” measure or “placement of drug addict in compulsory rehabilitation center” measure is 01 years, starting from the effective date of such decision.

3. In case an obliged person deliberately evades executing a decision on application of administrative handling measure, the prescriptive periods specified in clauses 1 and 2 of this Article shall start from the time of termination of such evasion.

Article 109. Execution of decisions on application of “education at communes, wards or commune-level towns” measure

1. Upon its receipt of a decision on application of “education at communes, wards or commune-level towns” measure, the agency or organization assigned to take charge of education and supervision of the violator undergoing education shall:

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b) Assign a person directly taking charge of assisting the violator undergoing education;

c) Fill in a monitoring book and submit periodic reports to Chairperson of the relevant commune-level People’s Committee on the implementation of decision on application of “education at communes, wards or commune-level towns” measure;

d) Assist and encourage the violator undergoing education, and request the commune-level People’s Committee to create favorable conditions for him/her to find a job.

2. The person who is assigned to assist the violator undergoing education shall develop a supervision, education and support plan, and receive allowances for performing such supervision, education and support tasks in accordance with regulations of law.

3. The violator undergoing education must provide a written commitment to strictly complying with the decision on application of “education at communes, wards or commune-level towns” measure.

4. The family of the violator undergoing education shall closely cooperate with the person assigned to assist the violator undergoing education in supervising and educating the violator.

Article 110. Execution of decisions on application of “placement of violator in reform school”, “placement of violator in compulsory educational institution”, and “placement of drug addict in compulsory rehabilitation center” measures

1. ^[162] Within 05 days of its receipt of a decision on application of "placement of violator in reform school”, “placement of violator in compulsory educational institution”, or “placement of drug addict in compulsory rehabilitation center” measure, the authority receiving such decision on application of administrative handling measure as prescribed in Article 107 of this Law shall organize the execution of received decision as follows:

a) The district-level Police Authority shall send the obliged person to the reform school or compulsory educational institution;

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2. The duration of execution of a decision on application of administrative handling measure shall start from the day on which the obliged person is temporarily detained for transfer to the reform school, compulsory educational institution or compulsory rehabilitation center.

3. The Government shall elaborate the execution of decisions on application of “placement of violator in reform school”, “placement of violator in compulsory educational institution”, and “placement of drug addict in compulsory rehabilitation center” measures.

Article 111. Adjournment of or exemption from execution of decisions on application of “placement of violator in reform school”, “placement of violator in compulsory educational institution”, and “placement of drug addict in compulsory rehabilitation center” measures

1. An obliged person who is not yet placed in a reform school, compulsory educational institution or compulsory rehabilitation center may be granted permission to adjourn the execution of the decision on application of administrative handling measure in the following cases:

a) He/she is suffering from a serious disease with a certification given by a health facility at the district level or higher^[163];

b) His/her family is facing special difficulties, with a certification given by Chairperson of the People’s Committee of the commune where he/she resides.

The decision shall continue to be executed when the abovementioned event no longer exists.

2. An obliged person who is not yet placed in a reform school, compulsory educational institution or compulsory rehabilitation center may be exempted from the execution of the decision on application of administrative handling measure in the following cases:

a) He/she is suffering from a fatal disease, with a certification given by a health facility at the district level or higher^[164];

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c) He/she is pregnant, with a certification given by a health facility at the district level or higher^[165].

3. The district-level People's Court that issues the decision on application of “placement of violator in reform school”, “placement of violator in compulsory educational institution”, or “placement of drug addict in compulsory rehabilitation center” measure shall consider issuing a decision on adjournment or exemption from execution of such decision on the basis of an application form submitted by the obliged person or his/her lawful representative; where necessary, it may get opinions from the authority that sends the request for application of such measure before making final decision.

Such adjournment or exemption decision must be sent to the agency in charge of executing the decision and the obliged person; if the person is granted permission to adjourn or exempted from the execution of the decision on application of “placement of violator in reform school” is a minor, such adjournment or exemption decision must be also sent to his/her parent or lawful representative.

Article 112. Reduction in duration, suspension or exemption from execution of remaining period at reform schools, compulsory educational institutions or compulsory rehabilitation centers

1. If a person who has served half of the duration of the decision on application of “placement of violator in reform school”, “placement of violator in compulsory educational institution”, or “placement of drug addict in compulsory rehabilitation center” measure is found to have made significant progress or a notable achievement, he/she may be considered for partial reduction or exemption from the remaining period.

2. If a person who is executing the decision on application of “placement of violator in reform school”, “placement of violator in compulsory educational institution”, or “placement of drug addict in compulsory rehabilitation center” measure suffers from a serious disease and thus is returned to his/her family for taking medical treatment, he/she shall be suspended from executing such decision; the period of medical treatment shall be counted as time of execution of such decision; if, after recovering from illness, the remaining period of the decision is 03 months or more, he/she must continue executing such decision; if he/she shows significant progress or makes a notable achievement during the suspension period, he/she shall be exempted from the remaining period. A person suffering from a fatal disease or pregnant woman shall be exempted from execution of the remaining period.

3. The People’s Court of district where the reform school, compulsory educational institution or compulsory rehabilitation center is located shall consider making decision on partial reduction in duration, suspension or exemption from execution of the remaining period as prescribed in clause 1 and clause 2 of this Article at the request of the Principal of the reform school, or Director of the compulsory educational institution or compulsory rehabilitation center.

A decision on suspension or exemption from execution of the decision on application of “placement of violator in reform school”, “placement of violator in compulsory educational institution”, or “placement of drug addict in compulsory rehabilitation center” measure shall be sent to the People’s Court issuing such decision, the agency sending the request for application of such measure, the People’s Committee of commune where the obliged person resides, the reform school, compulsory educational institution or compulsory rehabilitation center, the obliged person who is suspended or exempted from execution of the decision and his/her family.

4. If an obliged person who is suffering from a serious or fatal disease and thus is suspended or exemption from execution of the remaining period of the decision as prescribed in clause 2 of this Article does not have a stable place of residence, he/she shall be sent to the health facility located in the area where the reform school, compulsory educational institution or compulsory rehabilitation center is headquartered for receiving medical treatment.

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1. A person who is granted permission to adjourn or suspend the execution of the decision on application of “placement of violator in reform school”, “placement of violator in compulsory educational institution”, or “placement of drug addict in compulsory rehabilitation center” measure shall present himself/herself at the People’s Committee of commune where he/she resides.

2. If, during the period of adjournment or suspension of execution of a decision on application of “placement of violator in reform school” or “placement of violator in compulsory educational institution” measure, the person granted such adjournment or suspension repeats the violation or there are grounds to believe that he/she is attempting to abscond, the district-level People’s Court that issued the adjournment or suspension decision shall invalidate that decision, and issue a decision to enforce the execution of the decision on application of “placement of violator in reform school” or “placement of violator in compulsory educational institution” measure.

If, during the period of adjournment or suspension of execution of a decision on application of “placement of drug addict in compulsory rehabilitation center” measure, the person granted such adjournment or suspension continues using narcotic substances or there are grounds to believe that he/she is attempting to abscond, the district-level People’s Court that issued the adjournment or suspension decision shall invalidate that decision, and issue a decision to enforce the execution of the decision on application of “placement of drug addict in compulsory rehabilitation center” measure.

 3. Such a decision to enforce the execution of the decision on application of “placement of violator in reform school”, “placement of violator in compulsory educational institution”, or “placement of drug addict in compulsory rehabilitation center” measure shall be sent to the Police Authority of the same level as the Court issuing that decision. Immediately after receiving the decision, the Police Authority shall organize the escorting of the person concerned to the reform school, compulsory educational institution or compulsory rehabilitation center.

Article 114. Expiry of duration of execution of decisions on application of administrative handling measures

1. When a violator has completed the execution of the decision on application of “education in communes, wards or commune-level towns” measure, the Chairperson of the commune-level People’s Committee shall issue a certificate to the violator, and send a copy thereof to his/her family.

2. When a violator has completed the execution of the decision on application of “placement of violator in reform school”, “placement of violator in compulsory educational institution”, or “placement of drug addict in compulsory rehabilitation center” measure, the Principal of the reform school or the Director of compulsory educational establishment or compulsory rehabilitation center shall issue a certificate to the violator, and send copies thereof to his/her family, the district-level People’s Court that issued the decision, the agency in charge of governing the reform school, compulsory educational institution, or compulsory rehabilitation center, and the People’s Committee of commune where he/she resides.

3. Upon expiry of the duration of execution of the decision on application of “placement of violator in reform school”, “placement of violator in compulsory educational institution”, or “placement of drug addict in compulsory rehabilitation center” measure, the violator who is a minor and does not have a stable place of residence, or who is sick and weak, and incapable of working shall be sent to the social protection establishment located in the area where the reform school, compulsory educational institution or compulsory rehabilitation center is headquartered.

Chapter V

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Article 115. Temporarily transferring a person who is executing decision on application of “placement of violator in reform school”, “placement of violator in compulsory educational institution”, or “placement of drug addict in compulsory rehabilitation center” measure from the place where he/she implements such measure at the request of criminal proceedings agency

1. At the request of a competent criminal proceedings agency, the Principal of the reform school or Director of compulsory educational institution or compulsory rehabilitation center shall decide to temporarily transfer the person subject to the administrative handling measure from the place where he/she implements such measure to participate in legal proceedings related to him/her.

2. The period of such temporary transfer shall be included in the duration of implementation of such measure.

Article 116. Transferring documents on persons subject to administrative handling measures in cases denoting crimes for criminal prosecution

1. When considering documents on a violation case to make decision on application of administrative handling measure, if a competent person finds that the violation denotes a crime, he/she shall immediately transfer such documents to the competent criminal proceedings agency.

 2. If a violation is found to denote a crime after a decision on application of administrative handling measure has been issued but before expiry of the prescriptive period for initiating criminal prosecution, the Chairperson of the People’s Committee or People’s Court that issues the decision on application of administrative handling measure shall invalidate such decision and, within 03 days from the date of such invalidation, transfer all documents on the violation case to the competent criminal proceedings agency.

 In case an imprisonment sentence is imposed by the Court, the period spent by the violator at the reform school, compulsory educational institution or compulsory rehabilitation center shall be deducted from total duration of the imprisonment sentence. To be specific: 1,5 days spent at the reform school, compulsory educational institution or compulsory rehabilitation center shall be counted as 01 day of the imprisonment sentence.

Article 117. Criminal prosecution against crimes committed before or during implementation of administrative handling measures

In case a violator who is subject to an administrative handling measure is found to commit a crime before or during his/her execution of the decision on application of such measure, the Chairperson of the People’s Committee of the commune where the “education at communes, wards or commune-level towns” measure is implemented, or the Principal of the reform school, or the Director of the compulsory educational institution or compulsory rehabilitation center shall, at the request of a competent criminal proceedings agency, issue a decision to suspend the execution of the decision on application of administrative handling measure, and transfer all relevant documents on the violator to the criminal proceedings agency; if an imprisonment sentence is imposed by the Court, the violator shall be exempted from execution of the remaining period of the decision on application of administrative handling measure; if a penalty other than imprisonment is imposed, the violator may be required to continue executing the decision on application of administrative handling measure.

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1. If a person who commits an act of violation against law is subjected to both “placement of violator in compulsory educational institution” measure and “placement of drug addict in compulsory rehabilitation center” measure, the latter shall apply.

2. If a drug addict has gangster-like and violent acts, the “placement of violator in compulsory educational institution” measure shall apply. The compulsory educational institution shall take charge of providing detoxification to the violator.

3.^[166]At the phase of tapering off narcotic substances and health recovery, if the violator who is executing the decision at a compulsory rehabilitation center commits a violation specified in clause 1 Article 94 of this Law, he/she shall be subject to the “placement of violator in compulsory educational institution” measure.

The Director of compulsory rehabilitation center shall make a request for application of “placement of violator in compulsory educational institution” measure to the violator according to the existing documents and new violation record, and send it to the Head of the Police Authority of the district where the compulsory rehabilitation center is located.

Procedures for consideration of application of “placement of violator in compulsory educational institution” measure to the violator shall comply with regulations laid down herein.

Part four

MEASURES FOR PREVENTING AND ENSURING HANDLING OF ADMINISTRATIVE VIOLATIONS

Chapter I

GENERAL PROVISIONS ON MEASURES FOR PREVENTING AND ENSURING HANDLING OF ADMINISTRATIVE VIOLATIONS

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In order to promptly prevent the commission of administrative violations or ensure the handling of administrative violations, competent persons may apply the following measures following administrative procedures:

1. Detention of person concerned;

2. Escorting of violator;

3. Impoundment of exhibits/instrumentalities of the administrative violation, licenses and/or practicing certificates;

4. Body search;

5. Search of vehicles, items;

6. Search of places where exhibits/instrumentalities of administrative violations are hidden;

7. Management of foreigners who commit violations of the law of Vietnam pending completion of expulsion procedures;

8. Assignment of families or other organizations to take charge of supervising violators subject to administrative handling measures pending completion of procedures for application of such measures;

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Article 120. Rules for application of measures for preventing and ensuring handling of administrative violations

1. Competent persons shall strictly comply with provisions of Articles 120 through 132 of this Law when applying measures for preventing and ensuring handling of administrative violations, and shall incur penalties for any violations committed in accordance with regulations of law.

2. Measures for preventing and ensuring handling of administrative violations shall only apply where they are deemed necessary as prescribed in Chapter II of this Part.

3. Persons who issue decisions on application of measures for preventing and ensuring handling of administrative violations shall assume responsibility for their issued decisions.

4. Use of weapons or support instruments for implementing measures for preventing and ensuring handling of administrative violations must comply with regulations of law.

Article 121. Cancellation or replacement of measures for preventing and ensuring handling of administrative violations

1. A decision on application of measures for preventing and ensuring handling of administrative violations must be cancelled if such measures are no longer suitable for the purposes and conditions prescribed in this Law.

2. A competent person who issues a decision on application of measures for preventing and ensuring handling of administrative violations shall decide to cancel the applied preventive measure if it is deemed unnecessary or replace it with another one.

Chapter II

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Article 122. Administrative detention of concerned persons

1.^[167] A person concerned shall be detained under administrative procedures in order to:

a) Prevent or promptly terminate his/her acts of disturbing public order or causing injuries to others;

b) Prevent or promptly terminate acts of smuggling or illegal transport of goods across the border;

c) Execute the decision on application of “placement of violator in reform school”, “placement of violator in compulsory educational institution”, or “placement of drug addict in compulsory rehabilitation center” measure;

d) Keep the perpetrator who violates the restraining order in accordance with regulations of law on domestic violence prevention and control;

dd) Determine the drug addiction status of the person who is illegally using narcotic substances.

2. In all cases of detention, a written decision must be made and a copy of this decision must be delivered to the detainee.

3.^[168] The duration of administrative detention shall not exceed 12 hours; where necessary, the detention duration may be extended but not exceed 24 hours from the start time of detention; if a violator is detained at border area or remote, isolated mountainous area or island, the detention duration shall start from the time the violator is escorted to detention facility.

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A person detained aboard an aircraft or seagoing vessel shall be immediately transferred to competent authorities after the aircraft arrives at the airport or the seagoing vessel arrives at the port

4. The person who issues the detention decision shall, at the request of the detainee, notify his/her family, and the place where he/she is studying or working of such detention. If a minor is detained at night or for more than 06 hours, the person who issues the detention decision shall promptly notify such detention to his/her parent or guardian.

5.^[169] Facilities used for administrative detention of persons shall be administrative detention houses or rooms located at the offices of the agencies or units where the persons having power to issue detention decisions are serving. If there administrative detention houses or rooms are unavailable, the detention may take place at on-call duty rooms or other rooms at workplace, but shall conform to general regulations.

Agencies performing the functions of preventing and controlling violations that regularly have to temporarily detain violators who commit administrative violations shall arrange, design and build separate administrative detention houses or rooms for minors, women or foreigners, and assign specialized officers to assume management and protection duties.

With regard to cases of detention of the persons prescribed at point dd clause 1 of this Article, detention places shall be detention areas located at compulsory rehabilitation centers of provinces or central-affiliated cities, administrative detention houses or rooms.

With regard to aircrafts, ships or trains already leaving airports, ports, stations or terminals, depending on the specific conditions and types of violators, the pilots in command, captains or masters shall decide the detention places and assign people to carry out detention activities.

6. Detention of persons committing administrative violations at criminal detention or pre-trial detention rooms or any places which do not meet hygiene or safety standards for detainees is prohibited.

7. The Government shall elaborate this Article.

Article 123. Power to decide detention of persons under administrative procedures ^[170]

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a) Chairpersons of Commune-level People’s Committees;

b) Ward Police Chiefs, Police Chiefs of communes or commune-level towns that have organized full-time police authorities in accordance with regulations of the Law on People’s Public Security Force; Heads of Police Offices at International Airports; Heads of Police Stations at border checkpoints;

c) District-level Police Chiefs; Heads of professional divisions of the following authorities, including the Traffic Police Department, the Immigration Department, the Police Department for Administrative Management of Social Order, the Department of Cybersecurity, Hi-tech Crime Prevention and Control, the Fire and Rescue Police Department, the Police Department for Investigation into Drug-related Crimes, and heads of divisions affiliated to provincial-level police departments, including: Police Divisions for Administrative Management of Social Order, Investigation Police Divisions for Social Order Crimes, Police Divisions for Investigation into Corruption, Economy, and Smuggling-related Crimes, Police Divisions for Investigation into Drug-related Crimes, Traffic Police Divisions, Road and Railway Traffic Police Divisions, Road Traffic Police Divisions, Waterway Police Divisions, Mobile Police Divisions, Security Guard Divisions, Police Divisions for Enforcement of Criminal Judgments and Judicial Assistance, Environment Crime Prevention and Fighting Police Divisions, Fire and Rescue Police Divisions, Immigration Divisions, Economic Security Divisions, and External Security Divisions;

d) Heads of Mobile Police units at company level or higher;

dd) Heads of Forest Ranger Offices, Heads of Mobile Forest Ranger and Forest Fire Teams, Directors of Forest Protection Sub-departments; Directors of Regional Forest Protection Sub-departments; Heads of Fisheries Surveillance Stations affiliated to Regional Fisheries Surveillance Sub-departments, Directors of Regional Fisheries Surveillance Sub-departments, and Director General of Vietnam Fisheries Surveillance Department;

e) Directors of Customs Sub-departments, Leaders of Control Teams of Customs Departments; Leaders of Criminal Investigation Teams, Leaders of Smuggling Control Teams, and Captains of Maritime Control Flotillas affiliated to the Anti-smuggling Investigation Department;

g) Leaders of Market Surveillance Teams; Heads of Operations Divisions affiliated to the Market Surveillance Operations Department;

h) Heads of border guard posts, Commanding Officers of Border Guard Commands at port border checkpoints, Captains of Naval Border Guard Flotillas, Captains of Naval Border Guard Squadrons, Heads of Task Force Commissions for Drug and Crime Prevention and Control, and Provincial-level Border Guard Commanders;

i) Captains of Coast Guard Platoons, Captains of Coast Guard Squadrons, Regional Coast Guard Commanders; Heads of Reconnaissance Commissions, Heads of Task Force Commissions for Drug Crime Prevention and Control;

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l) Presiding judges.

2. Persons having power to issue detention decisions as prescribed in points a through i clause 1 of this Article may delegate the administrative detention authority to their deputies during their absence. A power delegation decision must be made and clearly indicate the scope, details and validity period of such delegation of power. Delegated deputies must assume responsibility to their heads or leaders and legal responsibility for their exercise of delegated powers. Delegated deputies are not allowed to sub-delegate those powers to others.

Article 124. Escorting of violators

1. Violators failing to voluntarily comply with requests of competent persons shall be escorted in the following cases:

a) Persons are subjected to administrative detention;

b) ^[171] Sending or returning the violators specified in clause 1 Article 111, clause 2 Article 112, who fail to voluntarily comply after necessary conditions for adjournment or suspension of the decisions no longer exists, and the violators specified in clause 2 Article 132 of this Law to reform schools, compulsory educational institutions or compulsory rehabilitation centers.

2. Competent persons on duty shall take charge of escorting the violators.

3. The Government elaborates this Article.

Article 125. Administrative impoundment of exhibits/instrumentalities of administrative violations, licenses and/or practicing certificates

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a) Verification of facts of a violation where the impoundment serves as the basis for issuance of a penalty imposition decision. In case the impoundment serves the valuation of the exhibits which shall be then used as the basis for determining the fine bracket and authority having power to impose penalties, the provisions of clause 3 Article 60 of this Law shall apply;

b) Immediate prevention of the violation which may lead to serious social consequences;

c) The impoundment is meant to serve the execution of a penalty imposition decision as prescribed in clause 6 of this Article.

2. The impoundment of exhibits/instrumentalities prescribed in clause 1 of this Article must be terminated immediately after completing verification of facts as the basis for issuance of penalty imposition decision, the violation no longer causes serious social consequences or the penalty imposition decision has been executed.

In case of payment of fine in installments as prescribed in Article 79 of this Law, the violator shall, after making the first payment, be entitled to receive the impounded exhibits/instrumentalities.

3.^[172] Persons having power to impose the penalty of confiscating exhibits/instrumentalities of administrative violations prescribed in Chapter II Part Two of this Law shall have power to issue decisions on impoundment of exhibits/instrumentalities of administrative violations, licenses or practicing certificates. Power to make impoundment decisions shall not depend on values of exhibits/instrumentalities of administrative violations.

4. ^[173] If there is any ground prescribed in clause 1 of this Article, the impoundment of exhibits/instrumentalities of administrative violations, licenses and/or practicing certificates shall be carried out as follows:

a) The person having power to make administrative violation record who is handling the case shall make a record of impoundment of the exhibits/instrumentalities of the administrative violation, license or practicing certificate as prescribed in clause 9 of this Article;

b) Within 24 hours after the record is made, the record maker shall report to the person having the power to issue impoundment decision on the impounded exhibits/instrumentalities of the administrative violation, license or practicing certificate to seek his/her impoundment decision of which 01 copy must be delivered to the violator or representative of the violating organization.

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The person impounding the exhibits which are perishable goods must promptly report such impoundment to his/her direct superior for further actions, and must pay compensation as prescribed by law for any goods left damaged or lost.

5.^[174] The person making the impoundment record, the person issuing the impoundment decision shall be responsible for taking care of exhibits/instrumentalities of the administrative violation, license or practicing certificate. In case any exhibit/instrumentality of the administrative violation, license or practicing certificate is lost, illegally sold, swapped or damaged, short of components or replaced, the person issuing the impoundment decision shall have the burden of paying compensation and incur penalties as prescribed by law.

5a.^[175] In the course of the impoundment, the impoundment record maker and the person having power to issue impoundment decision shall seal the impounded exhibits/instrumentalities of the administrative violation, excluding:

a) Live animals and plants;

b) Goods or articles that are perishable or difficult to be stored as prescribed by law.

5b.^[176] In order to attach security seal on the impounded exhibits/instrumentalities of the administrative violation, such sealing activity shall be witnessed by the violator; if the violator is absent, the sealing shall be witnessed by the representative of the violator’s family, the violating organization’s representative or the representative of the commune-level authority, or by at least 01 person.

5c.^[177] Records of and decisions on impoundment of exhibits/instrumentalities of administrative violations, licenses or practicing certificates may be made, issued or sent electronically.

6. In case only a fine is imposed upon the violating individual or organization, the person having power to impose penalties shall have the rights to impound one of the following documents in order: the driver's license, vehicle registration certificate, or other necessary documents related to the exhibit/instrumentality of the violation until the violating individual or organization has fully complied with the penalty imposition decision. If the abovementioned documents are not available, the person having power to impose penalties shall impound the exhibit/instrumentality of the administrative violation, except the cases prescribed in clause 10 of this Article.

7. In case a violating individual or organization is liable to the penalty in the form of suspension of license or practicing certificate, such license or practicing certificate may be impounded to ensure the execution of the penalty imposition decision. Impoundment of a license or practicing certificate pending issuance of the penalty imposition decision shall not influence the rights of the license or certificate holder.

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The duration of impoundment may be extended in the cases prescribed in point b clause 1 of Article 66 of this Law, but shall not exceed 01 month from the commencement date. In the cases prescribed in point c clause 1 of Article 66 of this Law, the duration of impoundment may continue to be extended but shall not exceed 02 months from the commencement date.

The duration of impoundment of exhibits/instrumentalities of an administrative violation, license or practicing certificate shall start from the date on which they are impounded in reality.

The duration of impoundment of exhibits/instrumentalities of an administrative violation, license or practicing certificate shall not be longer than the time limit for issuance of a penalty imposition decision prescribed in Article 66 of this Law. In case the impoundment is meant to ensure the execution of the penalty imposition decision prescribed in point c clause 1 of this Article, the duration of impoundment shall expire after completely executing such a decision.

The person having power to issue impoundment decision must issue decisions on impoundment and extension of duration of impoundment of exhibits/instrumentalities of the administrative violation, license or practicing certificate.

9.^[179] A record of impoundment of exhibits/instrumentalities of an administrative violation, license or practicing certificate shall clearly indicate names, quantity, categories or types, current state of the impounded exhibits/instrumentalities of an administrative violation, license or practicing certificate, and bear signatures of the person carrying out the impoundment, the violator or the violating organization's representative; in case there is none of the violator’s signature, the signature of at least one witness is required. This record shall be made into 02 copies, one of which is sent to the violator or the violating organization’s representative.

10.^[180] Regarding means of transport involved in an administrative violation which must be impounded to ensure the execution of the penalty imposition decision, if the violating individual or organization has a clear address, a storage facility or the financial capacity to provide financial guarantee, they may still keep such means of transport under the management of a competent authority.

11.^[181] The Government shall elaborate this Article.

Article 126. Handling of exhibits/instrumentalities of administrative violations, licenses or practicing certificates impounded under administrative procedures

1. ^[182] The person issuing the impoundment decision must handle the impounded exhibits/instrumentalities of the administrative violation, license or practicing certificate adopting the measure specified in the issued impoundment decision or return them to the violating individual or organization if they are not subjected to confiscation penalty.

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If an exhibit or instrumentality of the administrative violation is subjected to confiscation penalty but has been put up as collateral on which security interest has been duly registered in accordance with regulations of the civil code, the secured creditor may claim back such exhibit or instrumentality or an amount equivalent to the secured obligation; the violating individual or organization must pay an amount equivalent to the value of the exhibit or instrumentality to state budget.

2. Exhibits/instrumentalities, licenses or practicing certificates which are impounded to ensure the execution of penalty imposition decisions as prescribed in clause 6 Article 125 of this Law must be returned to violators immediately after completing execution of such decisions.

3. The person who issues the impoundment decision shall immediately organize the sale of the impounded exhibits which are perishable goods or items at the market prices. A written record of such sale of exhibits shall be required. Proceeds from sale of the exhibits must be transferred to the dedicated account opened at the State Treasury. If such exhibits are then confiscated according to a competent person’s decision, the proceeds shall be paid to state budget; if they are not confiscated, the proceeds shall be returned to their lawful owner, custodian or user.

4.^[183] Upon expiration of the duration of impoundment of exhibits/instrumentalities which are impounded according to regulations of points a and b clause 1 Article 125 of this Law, if violators, lawful owners, custodians or users do not come to claim them without any sound reasons, they shall be disposed of as follows:

a) In case the violator, or lawful owner, custodian or user of exhibits/instrumentalities is identified, the person issuing the impoundment decision shall notify them twice. The first notification shall be issued within 03 working days from the expiration of the duration of impoundment thereof. The second notification shall be issued within 07 working days from the date of issue of the first notification. After the period of 01 month from the second notification date, if the violator, or lawful owner, custodian or user does not come to claim them, within 05 working days, the competent person shall issue a decision to confiscate such exhibits/instrumentalities;

b) In case the violator, or lawful owner, custodian or user of exhibits/instrumentalities is unidentifiable, the person issuing the impoundment decision shall make 02 attempts in notifying this via central or local mass media at the local area where they are impounded. The first notification shall be issued within 03 working days from the expiration of the duration of impoundment thereof. The second notification shall be issued within 07 working days from the date of issue of the first notification. After the period of 01 year from the second notification date, if the violator, or lawful owner, custodian or user does not come to claim them, within 05 working days, the competent person must issue a decision to confiscate such exhibits/instrumentalities.

4a.^[184] With regard to exhibits/instrumentalities impounded according to regulations of point c clause 1 Article 125 of this Law, upon expiration of the time limit for execution of the decision on imposition of administrative penalties, if the violating individual or organization fails to execute the decision, within 05 working days from expiration of the time limit for decision execution, the person having power to issue impoundment decision shall transfer the impounded exhibits/instrumentalities to the person having power to enforce the execution of the penalty imposition decision to consider issuing a decision to distrain or put up such exhibits/instrumentalities at auction in accordance with regulations of law to ensure the execution of the decision.

4b.^[185] Upon the expiration of the duration of impoundment of a license or practicing certificate, or the prescriptive period for execution of decision on imposition of administrative penalties, if the violator does not come to claim it back without sound reasons, within 10 working days from such expiration date, the person having power to issue impoundment decision shall transfer the impounded license or practicing certificate to the licensing or issuing authority to proceed to carry out revocation procedures in accordance with laws, and inform the violator of such transfer.

5. Exhibits/instrumentalities which are goods and items which cause harm to human health, domestic animals, plants, and the environment, or harmful cultural products shall be destroyed as prescribed in Article 33 of this Law.

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7. Persons who are owners of impounded exhibits/instrumentalities shall pay costs of warehousing, storage and preservation, and other relevant costs arising during the impoundment of such exhibits/instrumentalities as prescribed in clause 8 Article 125 of this Law.

Owners of impounded exhibits/instrumentalities shall not be required to pay such costs of warehousing, storage and preservation during the impoundment if they are not at fault for the administrative violations or such exhibits/instrumentalities are subjected to confiscation penalty.

The Government shall elaborate costs associated with impoundment of exhibits/instrumentalities prescribed in Article 125 of this Law.

Article 127. Administrative body search

1. Administrative body search shall only be conducted if there are grounds to believe that a person conceals on their person any items, documents and/or instrumentalities used for committing an administrative violation.

2. Persons specified in clause 1 Article 123 of this Law shall have the rights to issue decisions on administrative body search.

In case there are grounds to believe that if the body search is not immediately conducted, the items, documents and/or instrumentalities used for committing an administrative violation may be hidden or destroyed, in addition to the persons specified in clause 1 Article 123 of this Law, soldiers of people’s public security forces, police officers of the coast guard forces, soldiers of the border guard forces, forest rangers, customs officials, and market controllers on duty may conduct the administrative body search, and immediately submit reports on the administrative body search to their heads or leaders who are the persons specified in clause 1 Article 123 of this Law, and also assume legal responsibility for such body search.

3. A written decision on body search shall be required, unless the body search must be conducted immediately as prescribed in the paragraph 2 clause 2 of this Article.

4. Before conducting the body search, the searched person must be notified of the body search decision. The search of a person’s body shall be carried out by a person of the same gender and witnessed by other individual(s) of the same gender.

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Article 128. Administrative search of vehicles and items

1. Administrative search of a vehicle or item shall only be conducted if there are grounds to believe that exhibits of an administrative violation are concealed therein.

2. Persons specified in clause 1 Article 123 of this Law shall have the rights to issue decisions on administrative search of vehicles and items.

3. In case there are grounds to believe that if the search is not immediately conducted, the exhibits of an administrative violation may be hidden or destroyed, in addition to the persons specified in clause 2 of this Article, soldiers of people’s public security forces, police officers of the coast guard forces, soldiers of the border guard forces, forest rangers, tax officials, customs officials, market controllers, and inspectors on duty may conduct the administrative search of vehicles and items, and immediately submit reports on the search to their heads or leaders, and also assume responsibility for the search.

4. A written decision on the search of vehicle or item shall be required, except the case prescribed in clause 3 of this Article.

Search of a vehicle or item requires the presence of its owner or vehicle operator and at least 01 witness. If the vehicle or item owner or vehicle operator is absent, the search shall be conducted in the presence of at least 01 witness^[187].

5. A record of the search of a vehicle or item shall be required in all cases. The vehicle or item owner or vehicle operator must be provided with a copy of each of the search decision and the search record.

Article 129. Search of places where exhibits/instrumentalities of administrative violations are hidden

1. Search of a place where exhibits/instrumentalities of an administrative violation are hidden shall only be conducted if there are grounds to believe that the exhibits/instrumentalities of an administrative violation are hidden therein.

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3. Search of a place where exhibits/instrumentalities of an administrative violation are hidden requires the presence of the owner of such a place or his/her family member who is an adult, and witness(es). If the owner of the searched place or his/her family member who is an adult is absent, the search, if not deferrable, shall be conducted in the presence of at least 01 witness^[188].

4. Search of a place where exhibits/instrumentalities of an administrative violation are hidden at night shall not be permitted, except for emergency circumstances or an ongoing search which must be specified in the search record.

5. A written decision and a record of the search of place where exhibits/instrumentalities of an administrative violation are hidden shall be required in all cases. The owner of the searched place must be provided with a copy of each of the search decision and the search record.

Article 130. Management of foreigners who commit violations of the law of Vietnam pending completion of expulsion procedures

1. Management of a foreigner who commits a violation of the law of Vietnam pending completion of expulsion procedures shall apply if there are grounds to believe that, in the absence of this measure, such foreign violator shall evade or obstruct the execution of expulsion decision, or that this measure is meant to prevent him/her from continuing commission of the violation.

2. Head of Immigration Authority or Director of Police Authority at provincial level that makes a request for imposition of expulsion penalty shall make a decision on management of a foreigner who commits a violation of the law of Vietnam pending completion of expulsion procedures by means of:

a) Constraining the managed person’s travel;

b) Designating the managed person’s place of residence;

c) Impounding the managed person’s passport or another personal paper used as a replacement for passport.

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Article 131. Supervising violators subject to administrative handling measures pending completion of procedures for application of such measures^[189]

1. If a violator who is subjected to a request for application of “placement of violator in reform school”, “placement of violator in compulsory educational institution”, or “placement of drug addict in compulsory rehabilitation center” measure has a stable place of residence, a competent authority or person shall prepare documents on decision to put them under their family’s supervision pending completion of procedures for consideration and issuance of a decision on application of administrative handling measure.

2. If the violator does not have a stable place of residence, or has a stable place of residence but their family refuses to supervising them, the supervision pending completion of procedures for consideration and issuance of a decision on application of “placement of violator in reform school”, “placement of violator in compulsory educational institution”, or “placement of drug addict in compulsory rehabilitation center” measure shall comply with the following regulations:

a) A competent authority or person shall prepare documents on decision to put the violator who is subjected to a request for application of “placement of drug addict in compulsory rehabilitation center” measure under the supervision of a center or establishment receiving social protection beneficiaries or compulsory rehabilitation center of the relevant province or central-affiliated city;

b) A competent authority or person shall prepare documents on decision to put the violator who is subjected to a request for application of “placement of violator in reform school” or “placement of violator in compulsory educational institution” measure under the supervision of the People’s Committee of commune where the violator resides or commits the violation.

3. The duration of supervision shall start from the time of preparation of documents and end on the time of moving the violator to serve the application of the administrative handling measure under a Court’s decision.

The period of supervision of the violator at a center or establishment as prescribed in point a clause 2 of this Article shall be deducted from the duration of application of the administrative handling measure.

4. A decision to put a violator under the supervision of his/her family or the relevant agency or organization shall clearly state: date of issue of the decision; full name and position of the decision maker; full name, date of birth, place of residence of the person assigned to take charge of supervision, or name and address of the agency or organization assigned to take charge of supervision; full name, date of birth, and place of residence of the supervised violator; reasons, duration and responsibilities of the supervised violator, responsibilities of the person or agency or organization assigned to take charge of supervision, and responsibilities of the People's Committee of the commune where the violator resides; signature of the decision maker. This decision shall be immediately sent to the family or the agency or organization assigned to take charge of supervision, and the supervised violator for execution.

5. During the supervision period, the family or the agency or organization assigned to take charge of supervision shall discharge the following responsibilities:

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b) Ensure that the supervised violator shall be present at the time of issuance of a decision to place them in a reform school, compulsory educational institution or compulsory rehabilitation center;

c) Promptly report to the competent authority or person issuing decision to assign the supervision tasks in case where the supervised violator absconds or commits another violation.

6. During the supervision period, the supervised violator shall discharge the following responsibilities:

a) Strictly comply with regulations of law on temporary residence or absence. When moving from a commune, ward or commune-level town to another one, their family, agency or organization assigned to take charge of supervision shall be notified of the address and duration of their temporary residence there;

b) Turn up at the office of the competent authority or person preparing documents on their case upon request.

7. During the supervision period, the competent authority or person making the supervision decision shall discharge the following responsibilities:

a) Inform the supervised violator and their family, agency or organization assigned to take charge of supervision of their rights and obligations during the supervision period;

b) Implement measures to assist the violator's family, agency or organization assigned to take charge of supervision in managing and supervising the supervised violator;

c) When receiving any report on the supervised violator’s abscondment or commission of violation, promptly take actions within their competence or notify the case to a competent authority to seek its actions in accordance with regulations of law.

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Article 132. Seeking for persons subjected to decisions on application of “placement of violator in reform school”, “placement of violator in compulsory educational institution”, or “placement of drug addict in compulsory rehabilitation center” measures in case they abscond

1. If a violator who is subjected to an effective decision on application of “placement of violator in reform school”, “placement of violator in compulsory educational institution”, or “placement of drug addict in compulsory rehabilitation center” measure absconds before he/she is sent to that school, institution or center, the district-level police authority that prepares documents on the case shall issue a decision to seek the violator.

2. If a violator who is executing the decision at a reform school, compulsory educational institution or compulsory rehabilitation center absconds, the Principal of the reform school or Director of the compulsory educational institution or compulsory rehabilitation center shall issue a decision to seek the violator. Police authorities shall cooperate with the reform school, compulsory educational institution or compulsory rehabilitation center in seeking and returning the violator to that school, institution or center.

3.^[190] In case a person subjected to a decision on application of “placement of violator to reform school” measure as specified in clause 1 of this Article reaches the age of 18 at the time when he/she is successfully found, the district-level Police Authority that prepares documents on the case shall request the district-level People’s Court to consider issuing a decision on application of “placement of violator in compulsory educational institution” measure, provided that necessary conditions for application of this measure are satisfied.

In case a person who is executing the decision at the reform school as specified in clause 2 of this Article reaches the age of 18 at the time when he/she is successfully found, the Principal of the reform school shall prepare and send a request to the People’s Court of district where the reform school is located for issuance of a decision on application of “placement of violator in compulsory educational institution” measure, provided that necessary conditions for application of this measure are satisfied.

4. The duration of abscondment shall be excluded from the duration of execution of the decision on application of “placement of violator in reform school”, “placement of violator in compulsory educational institution”, or “placement of drug addict in compulsory rehabilitation center” measure.

Part five

PROVISIONS ON MINORS COMMITTING ADMINISTRATIVE VIOLATIONS

Chapter I

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Article 133. Scope of application

Handling of administrative violations committed by minors shall comply with provisions of Part five and other relevant provisions of this Law.

Article 134. Handling rules

In addition to the rules for handling of administrative violations laid down in Article 3 of this Law, handling of administrative violations committed by minors shall be also comply with the following rules:

1. Handling of administrative violations committed by minors shall be carried out only when necessary and solely for the purpose of educating and assisting them in correcting their mistakes, developing in a healthy manner, and becoming useful citizens.

Persons having power to handle administrative violations shall, during handling of administrative violations committed by minors, ensure the best interests of such minors. The “placement of violator to reform school” measure shall only be applied if it is deemed that no other handling measure is more appropriate;

2. Handling of an administrative violation committed by a minor shall take into account the minor's capacity to perceive the social harm caused by the violation, the causes and circumstances of the violation, in order to determine whether to impose administrative penalties or apply administrative handling measures;

3.^[191] A penalty or fine imposed upon a minor shall be lighter or smaller than that imposed upon an adult for committing the same administrative violation.

If a person aged 14 to under 16 commits an administrative violation, the fine shall not be imposed.

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4. During consideration and handling of administrative violations committed by minors, personal secrets of minors shall be respected and protected;

5. Alternative measures for handling administrative violations shall be considered and applied when the conditions set out in Chapter II of this Part are satisfied. Application of these alternative measures shall not be deemed as being subjected to administrative penalties or administrative handling measures.

Article 135. Imposition of penalties and remedial measures

1. Penalties imposed upon minors include:

a) Warning;

b) Fine;

c) Confiscation of exhibits/instrumentalities of administrative violations.

2. Remedial measures imposed upon minors include:

a) Enforced restoration of the original state;

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c) Enforced destruction of goods and items which cause harm to human health, domestic animals, plants and the environment; harmful cultural products;

d) Enforced transfer of illegal benefits obtained from administrative violations or enforced transfer of the amounts equivalent to the value of the exhibits/instrumentalities of administrative violations which have been sold, liquidated, hidden or destroyed inconsistently with the law.

Article 136. Application of administrative handling measures

1. “Education at communes, wards or commune-level towns” measure shall be applied to minors committing violations of law according to provisions of Chapter I Part three of this Law. Minor who are subjected to the “Education at communes, wards or commune-level towns” measure shall be put under the supervision of their parents or guardians, or sent to social protection establishments or child support establishments if they do not have stable places of residence; they are entitled to go to schools, or attend other educational or vocational training courses; participate in community-based life skill development and counseling programs.

2. “Placement of violator in reform school” measure shall be applied to minors committing violations of law according to provisions of Chapter II Part three of this Law.

Article 137. Periods after which minors are treated as if they had not been subjected to administrative penalties or administrative handling measures

1. If, within 06 months from the date on which a minor committing an administrative violation has fully complied with the penalty imposition decision or from the date of expiration of the prescriptive period for executing the penalty imposition decision, they do not re-commit that violation, they shall be treated as if they had not been subjected to such administrative penalties.

2. If, within 01 year from the date on which a minor subjected to an administrative handling measure has fully complied with the decision on application of such measure, or from the date of expiration of the prescriptive period for executing that decision, they do not re-commit the violation specified in that decision, they shall be treated as if they had not been subjected to such a measure.

Chapter II

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Article 138. Alternative measures for handling administrative violations

Alternative measures for handling administrative violations committed by minors include:

1. Reprimand;

2. Family-based supervision;

3.^[192] Community-based education.

Article 139. Reprimand

1. Reprimand is an alternative measure for handling administrative violation, used to point out violations committed by a minor. It shall be imposed upon a minor who commits an administrative violation for which penalties must be imposed as prescribed by law, provided that the following conditions are met:

a) The minor commits an administrative violation for which a warning shall be imposed as prescribed;

b) The minor has voluntarily reported the violation and has shown genuine remorse for committing it.

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The reprimand shall be given orally and on the spot.

Article 140. Family-based supervision

1.^[193] Family-based supervision is an alternative measure for handling administrative violation, applied to minors mentioned in clauses 3 and 4, and persons aged from 14 to under 18 who illegally use narcotic substances as prescribed in clause 5 Article 90 of this Law when the following conditions are met:

a) The minor has voluntarily reported the violation and has shown genuine remorse for committing it.

b) The minor has a favorable living environment for the implementation of this measure;

c) Their parent or guardian has enough conditions for performing family-based supervision task and voluntarily assume this task.

2. Pursuant to provisions of clause 1 of this Article, Chairperson of the commune-level People’s Committee shall issue a decision on application of family-based supervision measure.

3. The duration of application of family-based supervision measure is from 03 to 06 months.

4. Within 03 days from the effective date of the decision on application of family-based supervision measure, the Chairperson of the commune-level People’s Committee that issued the decision shall send the decision to the minor’s family and assign an organization or individual in the area where the minor resides to cooperate in performing supervision task.

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5. During the duration of application of family-based supervision measure, if a minor continues committing a violation, the competent person specified in clause 2 of this Article shall decide to terminate the application of this measure and handle the violation case in accordance with regulations of law.

Article 140a. Community-based education^[194]

1. Community-based education is an alternative measure for handling administrative violation, applied to persons aged from 12 to under 14 who are defined in clause 1 Article 92 of this Law if they have stable places of residence, are studying at educational institutions and their parents or guardians make written commitments to taking charge of supervising and educating these minors.

2. Pursuant to provisions of clause 1 of this Article, the People’s Court shall issue a decision on application of community-based education measure.

3. The duration of application of community-based education measure is from 06 to 24 months.

4. Within 03 working days from the effective date of the decision on application of community-based education measure, the People’s Court that issued the decision shall send the decision to the minor’s parent or guardian and the People's Committee of the commune where the minor resides or the child support establishment or social protection establishment to request them to cooperate in performing supervision task.

Minors subjected to the community-based education measure are entitled to go to schools or attend other educational or vocational training programs; participate in community-based life skill development and counseling programs.

Part six

IMPLEMENTATION PROVISIONS^[195]

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1. This Law comes into force from July 01, 2013, except regulations on application of administrative handling measures subjected to consideration and decisions issued by People's Courts which shall come into force from January 01, 2014.

2. The Ordinance No. 44/2002/PL-UBTVQH10 on handling of administrative violations, the Ordinance No. 31/2007/PL-UBTVQH11 providing amendments to the Ordinance on handling of administrative violations in 2002, and the Ordinance No. 04/2008/UBTVQH12 providing amendments to the Ordinance on handling of administrative violations shall cease to have effect from the effective date of this Law, except regulations on application of “placement of violator in reform school”, “placement of violator in compulsory educational institution” and “placement of violator in health facility” measures which shall remain valid until December 31, 2013 inclusively.

Article 142. ^[196] (abrogated)

CERTIFIED BY

CHAIRMAN OF THE OFFICE OF THE NATIONAL ASSEMBLY




Le Quang Tung