THE NATIONAL
ASSEMBLY
——–

SOCIALIST
REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
—————

Law No.:
15/2012/QH13

Hanoi, June
20, 2012

LAW

ON HANDLING ADMINISTRATIVE VIOLATIONS

Pursuant to the 1992 Constitution of the Socialist
Republic of Vietnam which was amended and supplemented under the Resolution
No.51/2001/QH10;

The National Assembly promulgates the Law on
handling administrative violations

The first part

GENERAL PROVISIONS

Article 1. Scope of
adjustment

This Law stipulates the administrative sanctions
and administrative handling measures.

Article 2. Explanation of
terms

In this Law, the following terms are construed
as follows:

1. The administrative violations are acts
at fault committed by individuals, organizations that break the law provisions
on State management, which, however, do not constitute crimes, and as required
by law, must be administratively sanctioned.

2. The administrative sanctions includes
application of sanction forms, remedial measures with respect to individuals,
organizations committing acts of administrative violations according to
provisions of law on administrative sanctions which are implemented by the
competent persons.

3. The administrative handling measures
are measures applied for individuals who commit acts of law violation on
security, social order and safety, however, do not constitute crimes, including
measures of education at communes, wards, towns; sending to reformatories;
sending to compulsory education establishments and sending to compulsory detoxification establishments .

4. The measures replacing the handling of
administrative violations are educational measures that are applied to
replace for the sanction forms against administrative violations or the
administrative handling measures with respect to minors who commit
administrative violations, including measure of reminding and measure of
management at home.

5. The repeating offences are in case
individuals, organizations who had been handled administrative violations but it
is not expired time limit which is deemed to be having not been handled
administrative violation, since the date of executing the sanctioning
decisions, decision on application of administrative handling measures or after
the expiration of this decision’s execution, they committed acts of
administrative violations which had been handled again.

6. The administrative violations being
committed many times are cases of individuals, organizations who committed
acts of administrative violations which before that they have committed same
acts without being sanctioned and within statute of limitations
for handling.

7. The administrative violations being committed
in an organized manner are cases of individuals, organizations who collude
with other individuals, organizations in order to commit acts of administrative
violations.

8. Licenses, practice certificates are
documents granted by the state agencies, the authorized to individuals,
organizations according to law provisions so that those individuals, organizations
can carry on their business, operation, practicing or using equipment, means.
Licenses, practice certificates do not include business registration
certificates, certificates attached to the personal status of licensees without
purpose of practice permission.

9. The dwelling place is dwelling house,
means or other house that a citizen uses for residence. The dwelling place may
belong to the ownership of citizen or be leased, lent or let for free-of-charge
stay by agencies, organizations, individuals according to law provisions.

10. Organizations are the state agencies,
political – social organizations, political – social professional
organizations, social organizations, professional social organizations,
economic organizations, people’s armed forces and other organizations that are
established according to law provisions.

11. Emergency circumstances are
situations that individuals, organizations wish to avoid a risk which actually
threatening the interests of the State, organizations, their legitimate rights
and interests or legitimate rights and interests of others and with no other
way, must cause a damage being smaller than damage which needs be prevented.

12. Legitimate self-defense is behaviors
of individuals, aiming to protect interests of the State, organizations, their
own legitimate rights, interests or legitimate rights and interests of others,
they necessarily resist those who having acts violating the above-mentioned
rights and interests.

13. Unexpected events are events that
individuals, organizations cannot foresee or are not required to foresee the
consequences of their harmful acts.

14. Force majeure is event that happens
objectively without being foreseen and cannot overcome although all necessary
measures in permissible ability have been applied.

15. Persons without administrative liability
capacity are persons committing acts of administrative violations while
being incapable of cognizing or controlling their acts due to mental disease or
other ailments.

16. Drug addict is person who uses drug,
habit-forming drugs, psychotropic drugs and suffers dependence on these drugs.

17. Legal representatives include parents
or guardian, lawyer, legal assistants.

Article 3. Principles for
handling administrative violations

1. Principles for sanctioning administrative
violations include:

a) All administrative violations must be
detected and stopped in time and handled strictly and clearly, all consequences
caused by administrative violations must be overcome strictly according to law
provisions;

b) The sanction of administrative violations
must be conducted fast, with publicity, objective and proper competence, ensure
fairness, in accordance to law provisions.

c) The sanction of administrative violations must
be based on the nature, seriousness, consequences of the violations, the
subjects of violations and the extenuating as well as aggravating
circumstances;

d) The sanction of administrative violations
shall be conducted for only administrative violations regulated by the law.

An act of administrative violation shall be
sanctioned only once.

If many persons commit the same act of
administrative violation, each of the violators shall be sanctioned.

If a person commits many acts of administrative
violation, or administrative violation in many times he/she shall be sanctioned
for each act of violation.

dd) The persons competent to sanction are
responsible for proving administrative violations. Sanctioned individuals or
organizations can self-prove or be proved by their legal representatives that
they do not commit acts of administrative violations;

e) For the same act of administrative
violations, the fine levels for organizations are equal to 02 times compared
with the fine levels for individuals.

2. Principles for application of administrative
handling measures include:

a) Individuals shall be subject to the
application of other administrative handling measures only if they belong to
one of the subjects prescribed in Articles 90, 92, 94 and 96 of this Law;

b) The application of administrative handling
measures must be carried out as regulated in point b, clause 1 of this Article;

c) Decision on the time limits for application
of administrative handling measures must be based on the nature, level,
consequences of the violations, the personal identity of the violators and the
extenuating as well as aggravating circumstances;

d) The persons competent to application of
administrative handling measures are responsible for proving administrative
violations. Individuals subject to the administrative handling measures can
self-prove or through their legal representatives to be proved that they do not
commit acts of administrative violation;

Article 4. Competence to
prescribe the administrative violation sanctions in state management sectors
and the regime of application of administrative handling measures

Pursuant to regulations of this Law, the
Government shall prescribe acts of administrative violation, sanctioning forms,
levels of sanction, remedial measures applicable to each act of administrative
violation; the sanctioning competence, specific fine levels according to each
title and competence for taking minutes for administrative violations in each
the state management sector; the regime of application of administrative
handling measures and stipulate the forms of records, the forms of decisions
being used in administrative violation sanctions.

Article 5. Subjects handled
for administrative violations

1. The subjects sanctioned for administrative
violations include:

a) Persons aged between full 14 and fewer than
16 shall be administratively sanctioned for intentional administrative
violations; persons aged full 16 or older shall be administratively sanctioned
for all administrative violations.

Persons of the people’s army, people’s police
force, who commit administrative violations, shall be handled like other
citizens; in cases where it is necessary to apply the sanctioning form of
stripping off the right to use licenses, practice certificates or terminable
suspension of operations related to defense and security, the sanctioning
persons propose the competent agencies, people’s army, people’s police for
handle;

b) Organizations shall be administratively
sanctioned for all administrative violations they have committed.

c) Foreign individuals and organizations that
commit administrative violations within the territory, the territorial waters
adjacent areas, the exclusive economic zone and continental shelf of the
Socialist Republic of Vietnam; in aircrafts with Vietnamese nationality,
vessels flagged with Vietnamese nationality shall be administratively
sanctioned according to the provisions of Vietnamese laws, except otherwise
provided for by international treaties of which the Socialist Republic of
Vietnam is member.

2. Subjects liable to the application of
administrative handling measures are individuals defined in Articles 90, 92, 94
and 96 of this Law.

The administrative handling measures shall not
apply to foreigners.

Article 6. Statute of
limitations for handling of administrative violations

1. The statute of limitations for administrative
violation sanction is regulated as follows:

a) The statute of limitations for administrative
violation shall be 01 year, except from the following cases:

Administrative violations of accounting; tax
procedures; charges, fees; insurance business; price management; securities;
intellectual property; construction; protecting marine product and aquatic
resources; forest and forest product management; investigation, planning, exploration,
exploitation and use of water resources; exploration and exploitation of oil
and gas and other minerals; environmental protection; atomic energy;
management, development of houses and office buildings; land; dykes; press;
publication; production of, export of, import of, trading goods; producing
and/or trading prohibited, fake goods; overseas labor management, the statute
of limitations for administrative sanctions shall be 02 years.

Administrative violations of tax evasion, tax
fraud, late payment of tax, insufficient declaration of tax liability, the
statute of limitations for administrative sanctions shall be in accordance with
the tax laws;

b) The time to calculate the statute of
limitations for administrative sanctions regulated at Point a, Clause 1 of this
Article shall be regulated as follows:

For administrative violations have ended, the
statute of limitations shall be from the termination of violations.

For administrative violations being done, the
statute of limitations shall be from the time of detecting violations;

c) In the case of administrative sanctions for
individuals transferred by proceeding agencies, the statute of limitations
shall be applicable according to the provisions of Points a and b of this
Clause. The period when proceeding agencies handle, consider the case shall be
included in the statute of limitations for administrative sanctions.

d) Within the period
specified in points a and b of this Clause, individuals, organizations
deliberately evade or obstruct the sanctioning, the statute of limitations for
administrative sanctions shall be re-calculated from the time terminating the
acts of evading or obstructing the sanctioning.

2. The statute of limitations for application of
administrative handling measures is regulated as follows:

a) The statute of limitations for application of
education measures at communes, wards or towns shall be one year as from the
time of committing violation acts prescribed at Clause 1, Article 90; 06 months
as from the time of committing violation acts prescribed at Clause 2, Article
90 or as from the last time of committing violation acts prescribed at Clause 3
and 5, Article 90; 03 months as from the time of committing violation acts
prescribed at Clause 4, Article 90 of this Law;

b) The statute of limitations for application of
measure sending to reformatories is 01 year, as from the time of committing
violation act prescribed at Clause 1 and Clause 2, Article 92; 06 months as
from the time of committing violation act prescribed at Clause 3, Article 92 or
as from the last time of committing one of violation acts prescribed at Clause
4, Article 92 of this Law;

c) The statute of limitations for application of
measure sending to compulsory education establishments is 01 year, as from the
last time of committing of one of violation acts prescribed at Clause 1,
Article 94 of this Law;

d) The statute of limitations for application of
sending to compulsory detoxification establishments is 03 months, as from the
last time of committing violation act prescribed at Clause 1, Article 96 of
this Law.

Article 7. Time limits for
being considered not yet administratively sanctioned

1. 06 months as from the date of completely
serving the sanctioning-with-warning decisions, or 01 year as from the date of
completely serving the other sanctioning decisions or the date of expiry of the
statute of limitations for executing the sanctioning decisions, if the
individuals and organizations sanctioned for administrative violations do not
repeat their violations, they shall be considered not yet being
administratively sanctioned.

2. Two years as from the date of completely
serving the decisions on application of administrative handling measures or 01
year as from the date of expiry of the statute of limitations for executing the
decisions on application of administrative handling measures, if the
individuals subject to the application of other administrative handling
measures do not repeat acts, they shall be considered not yet subject to the application
of administrative handling measures.

Article 8. Calculation of
time, period, statute of limitations in the administrative violation handling

1. Calculation of time limit, statute of
limitations in the administrative violation handling shall be applicable
according to regulations of the Civil Code, except for being regulated
specifically about time under working days in this Law.

2. Night time shall be calculated from 22:00
p.m. of the previous day to 6:00 a.m. of the following day.

Article 9. Extenuating
circumstances

The following circumstances shall be the
extenuating circumstances:

1. The violators have prevented or reduced harms
done by the violations or volunteer to overcome the consequences, pay
compensations;

2. The violators have voluntarily reported their
violations, honestly repenting their mistakes; actively help authorities detect
administrative violations, handle administrative violations;

3. The violators commit violations in the state
of being spiritually incited by other persons’ illegal acts; beyond the limits
of legitimate defense; exceeding the requirements of the emergency
circumstances;

4. The violators commit administrative
violations due to being forced to or due to their material or spiritual
dependence;

5. The violators are pregnant women, old and
weak persons, persons suffering from ailment or disability which restrict their
capacity to perceive or to control their acts;

6. The violators commit violations due to
particularly difficult plights not caused by themselves;

7. The violations are committed due to
backwardness.

8. Other extenuating circumstances regulated by
the Government.

Article 10. Aggravating
circumstances

1. The following circumstances are aggravating
circumstances:

a) The administrative violations are committed
in an organized manner;

b) The administrative violations are committed
many times or repeated;

c) Inciting, dragging, using minors to commit
administrative violations, forcing materially or spiritually dependent persons
to commit violations;

d) Using the persons who violators are clearly
known as suffering from mental illness or others that cause their loss of
cognitive ability or their ability to control their behaviors in order to
commit the administrative violations;

dd) Reviling, defaming who is on duty;
administrative violations as gangsters;

e) Abusing one’s positions and powers to commit
administrative violations;

g) Taking advantage of war, natural calamity
circumstances, disaster, epidemic diseases or other special difficulties of the
society to commit administrative violations;

h) Committing violations while serving criminal
sentences or decisions on application of administrative violation handling measure;

i) Continuing to commit administrative
violations though the competent persons have requested the termination of such
acts;

k) After the violations, having committed acts
of fleeing or concealing the administrative violations.

l) Administrative violations of large-scale,
large quantity or large value of goods;

m) Administrative violations against many
people, children, the elderly, people with disabilities, pregnant women.

2. Circumstances specified in Clause 1 of this
Article in case have been defined as administrative violations shall not be
considered as aggravating circumstances.

Article 11. Cases not being
administratively sanctioned

These following cases shall not be
administratively sanctioned:

1. Commit acts of administrative violations in
emergency circumstances;

2. Commit acts of administrative violations due
to legitimate defense;

3. Commit acts of administrative violations due
to unexpected events;

4. Commit acts of administrative violations due
to force majeure;

5. The violators do not have administrative
liability capacity; the violators commit administrative violations when are not
sufficient age to be administratively sanctioned as regulated in point a,
clause 1, Article 5 of this Law.

Article 12. The strictly
prohibited acts

1. Retaining violation cases with criminal signs
to handle as administrative violations.

2. Abusing their positions and powers to harass,
demand, and receive money or property of the violators; tolerating, covering
up, limiting rights of the violators during the administrative sanctions or
application of administrative handling measures.

3. Issuing documents contrary to the competence
that regulated acts of administration violations, competence, sanctioning
forms, remedial measures for each act of administrative violation in the state
management sector and administrative handling measures.

4. Not to sanction administrative violations,
not to apply remedial measures or not to apply administrative handling
measures.

5. Administrative sanctions, application of
remedial measures or application of administrative handling measures are not in
time, justly, in proper the competence, procedures and subjects regulated in
this Law.

6. Application of sanction forms, remedial
measures is not correct, adequate for acts of administrative violations.

7. Unlawful interference in the handling of
administrative violations.

8. Extending the application term of
administrative handling measures.

9. Using the money from fines for administrative
violations, from payment due to late execution of fine decisions, money from
liquidation, sale of confiscated material evidences and/or means of
administrative violations and other amount from administrative sanctions in
manner contrary to the law provisions on the state budget.

10. Forging, falsifying dossiers of
administrative sanctions, dossiers of application of administrative handling
measures.

11. Infringing the life, health, honor and
dignity of the violators who are administratively sanctioned, being applied
administrative handling measures, being applied measures of preventing and
ensuring the administrative violation handling, being applied coercive measures
of executing decisions on administrative violations handling.

12. Resisting, evading, delaying or obstructing
the execution of the administrative sanctioning decisions, decisions on
applying measures of preventing and ensuring administrative violation handling,
decision on coercive measures of executing decisions on administrative
violation sanction, decisions on applying administrative handling measures.

Article 13. Compensation
for damage

1. In case the administrative violators cause
damages, they must pay for those damages as compensation.

The compensation shall comply with the
provisions of the Civil Law.

2. The persons competent to handling of the
administrative violations, agencies, organizations, individuals related to the
administrative violation handling if causing damages must compensate according
to law provisions.

Article 14.
Responsibilities to combat, prevent and oppose administrative violations

1. Individuals, organizations must strictly
abide by the law provisions on administrative violation handling. Organizations
are responsible for educating members of their organizations on awareness of
protection and compliance with the law, the rules of social life, to take
measures in time to eliminate the causes and conditions that cause violations
in their organizations.

2. In case of detecting administrative
violations, the people who are competent to handle administrative violations
must be responsible for handling violations according to the law provisions.

3. Individuals, organizations have
responsibility to detect, denounce and combat, prevent and oppose administrative
violations.

Article 15. Complaints, denunciations
and initiating lawsuits in administrative violation handling

1. Individuals and organizations that are
handled for administrative violations shall have the rights to complain about,
initiate lawsuit for decisions on administrative sanctions according to the law
provisions.

2. Individuals have the right to denounce acts
of violations of law in the administrative violation handling according to the
law provisions.

3. In the settlement process of complaints,
lawsuits if it is deemed that the implementation of decisions on administrative
violations subject to complaints, lawsuits will cause irremediable
consequences, the people who are in charge of settlement of complaints,
lawsuits must make decisions on temporarily suspending the execution of the decision
according to the law provisions.

Article 16. Responsibility
of the competent people in administrative violation handling

1. In the process of administrative handling,
the competent people in administrative handling must comply with the provisions
of this Law and other related law provisions.

2. The competent people in administrative
handling, who harass, claim, receive money, other property from the violators,
tolerate, cover up, do not sanction or sanction not in time, not exact nature
or levels of violations, not proper competence or violate other regulations in
Article 12 of this law and other law provisions, depending on the nature and
seriousness of their violations, they shall be disciplined or prosecuted for
criminal liability.

Article 17. Responsibility
for the management of law observance on administrative handling

1. The Government unifies the management of law
execution on administrative sanctions.

2. The Ministry of Justice is responsible to the
Government for the management of law execution on administrative handling with
the following tasks and authorities:

a) To assume the prime responsibility for or
coordinate in the proposal of, development of and submission to competent
agencies for promulgation or to promulgate according to its competence legal
normative documents on administrative sanctions;

b) General track and report the implementation
of the law execution on administrative handling; to make statistics reports,
set up and manage the national database on administrative handling;

c) To assume the prime responsibility for and
coordinate in guidance, training, professional training in the law execution on
administrative handling;

d) To examine and coordinate with relevant
ministries and agencies to carry out the inspection of the law execution on
administrative handling.

3. Within their duties and powers, the
ministries, departments are responsible for implementing or coordinating with
the Ministry of Justice to perform the tasks specified in Clause 2 of this
Article; timely providing information to the Ministry of Justice on
administrative handling to set up the national database; every 06 months, every
year, sending reports to the Ministry of Justice on administrative handling
within their management.

4. Within the duties and powers, the Supreme
People’s Court implements the provisions in Clause 2 of this Article and every
06 months, every year, the People’s Court sends announcement to the Ministry of
Justice on administrative handling within its management; directs People’s
Courts at all levels about the information provision of administrative
handling; assumes the prime responsibility for and coordinates with the
Government in issuing documents providing details and guiding the
implementation of the relevant provisions.

5. Within the duties and powers, the People’s
Committees at all levels managing the law execution about administrative
handling in the localities, have the following responsibilities:

a) To direct the implementation of legal
normative documents on administrative handling; disseminate, educate legal
information on administrative handling;

b) To check, inspect, handle violations and
according to the competence, handle complaints, denunciations in the law
observance about administrative handling;

c) Promptly provide information to the Ministry
of Justice on administrative handling to set up the national database; every 06
months, every year, send reports to the Ministry of Justice about the
administrative handling in their localities.

6. Agencies of the competent people in
administrative sanctions, the People’s Courts with competence in consideration,
decision of administrative handling measures, agencies executing the
sanctioning decisions, executing coercive and sanctioning decisions, executing
decisions on application of administrative handling measures are responsible
for sending documents, decisions regulated in Article 70, Clause 2, Article 73,
Clause 2, Article 77, Article 88, Clause 4, Article 98, Article 107, Clause 3,
Article 111, paragraph 2, Clause 3, Article 112, Clauses 1 and 2, Article 144
to agency of database management about administrative handling of the Ministry
of Justice, local justice agencies.

7. The Government shall regulate details about
this Article.

Article 18. Responsibilities
of the heads of units, agencies in administrative handling

1. Within their duties and powers, the heads of
agencies, units having competence to handle administrative violations have the
following responsibilities:

a) Frequently inspecting, checking and timely
handling violations of persons with competence to handle administrative
violations under their management; settling complaints and denunciations in
handling administrative violations prescribed by law;

b) Not to interfere unlawfully in administrative
handling and must have joint responsibility for violations of the persons with
competence to handle administrative violations under their management according
to the law provisions;

c) Not to let happening acts of corruption
committed by the persons with competence to handle administrative violations
under their management;

d) Other responsibilities as prescribed by law.

2. Within their duties and powers, ministers,
the heads of ministerial-level agencies, the chairmen of People’s Committees at
all levels have responsibilities as follows:

a) Frequently direct, check the administrative
handling of the persons with competence to handle administrative violations
under their management;

b) Discipline persons who have committed
mistakes in the administrative handling in the scope of their respective
management;

c) Timely handle complaints and denunciations
about the administrative handling in the sectors, fields under their management
according to the law provisions;

d) Other responsibilities as prescribed by law.

3. Within their scope of duties and powers, the
Ministers, Heads of ministerial-level agencies, the chairmen of People’s
Committees at all levels, heads of agencies, units with competence to handle
administrative violations are responsible for detecting errors from decisions
on administrative handling promulgated by themselves or their subordinates to
timely amend, supplement or cancel, issue new decisions according to their
competence.

Article 19. Supervision of
the administrative handling

The National Assembly, the agencies of the
National Assembly, People’s Committees at all levels, members of the National
Assembly and People’s Committees, the Vietnam Fatherland Front, member
organizations of the Vietnam Fatherland Front and all citizens monitor activities
of the agencies, persons with competence to handle administrative violations;
in case of detecting unlawful acts committed by agencies or persons with
competence to handle administrative violations, they are entitled to request,
propose competent agencies and persons to consider, settle and handle according
to the law provisions.

Agencies or persons with competence to handle
administrative violations must consider, settle and answer such requirements,
proposals according to the law provisions.

Article 20. Application of
the Law on administrative handling for administrative violations outside the
territory of the Socialist Republic of Vietnam

Vietnamese citizens, organizations violating the
administrative law of the Socialist Republic of Vietnam outside the territory
of Vietnam may be administratively sanctioned according to the provisions of
this Law.

The second part

ADMINISTRATIVE SANCTIONS

Chapter I

SANCTIONING FORMS AND
REMEDIAL MEASURES

Section 1. SANCTIONING FORMS

Article 21. Sanctioning
forms and application principles

1. Forms of administrative sanctions include:

a) Warning;

b) Fines;

c) Stripping off the right to use permits,
professional practice certificates in a definite term; or suspension of
operation in a definite term;

d) Confiscating material evidences, means of
administrative violation used to commit administrative violations (hereinafter
called material evidences, means of administrative violation);

e) Expulsion;

2. Sanctioning forms specified in point a and
point b, Clause 1 of this Article shall be defined and applied as principal
sanctioning forms.

Sanctioning forms specified in the points c, d
and e, Clause 1 of this Article may be specified as additional sanctioning
forms or principal sanctioning forms.

3. For each act of administrative violations,
individuals, organizations committing administrative violations shall be
applied one principal sanctioning form; may be applied one or more additional
sanctioning forms specified in Clause 1 of this Article. The additional
sanctioning forms are only applied together with the principal ones.

Article 22. Warning

Warning shall be applied to individuals and
organizations that commit minor administrative violations, with extenuating
circumstances and shall be applied warning form according to the regulations,
or to all acts of administrative violations committed by minors aged between
full 14 and fewer than 16. Warning shall be decided in writing.

Article 23. Fines

1. The fine levels in sanctioning administrative
violations range from VND 50,000 to VND 1,000,000,000 for individuals, VND
100,000 to VND 2,000,000 for organizations, except for those regulated in
Clause 3, Article 24 of this Law.

For urban areas of central cities, the fine
levels may be higher, but not exceeding 02 times compared with the common
levels applied for the same violations in the fields of road traffic;
environmental protection; security, order and social security.

2. The Government shall regulate the frame of
fine levels or fines for specific administrative violations according to one of
the following methods, but the highest fine frame does not exceed the maximum
fine level specified in Article 24 of this Law:

a) Defining the minimum, the maximum fines;

b) Defining the number of times, the percentage
of the value and quantity of violation goods, material evidences, violated
subjects or revenue, interest earned from acts of administrative violations.

3. Based on the behavior, frame of fines or the
fine levels specified in the decree of the Government and requirements of
characteristic socio-economic management of the localities, the People’s
Councils of the centrally-affiliated cities shall define the frame of fines or
the specific fine levels for violations in the fields regulated in paragraph 2,
Clause 1 of this Article.

4. The specific fine level for an act of
administrative violation is the average level of the fine frame prescribed for
such violation; if there are extenuating circumstances, the fine level may be
reduced but not lower than minimum level of the fine frame; if there are
aggravating circumstances, the fine may be increased but not higher than the
maximum fine level of the fine frame.

Article 24. The maximum
fine levels in fields

1. The maximum fine level in the fields of state
management for individuals shall be regulated as follows:

a) A fine of up to VND 30,000,000: marriage and
family; gender equality; domestic violence; storage; religion; emulation;
justice administration; population; environmental hygiene; statistics;

b) A fine of up to VND 40,000,000: security,
order, social security; prevention of social evils; civil judgment; enterprises
and cooperatives bankruptcy; road traffic; electronic transactions; postal
service;

c) A fine of up to VND 50,000,000: fire fighting
and prevention; cipher, management and protection of national borders; judicial
assistance; preventive medical activities; HIV / AIDS prevention; education;
culture; sports; tourism; management of science and technology; technology
transfer; children protection and care; social sponsor and relief; natural
disaster prevention; plants protection and quarantine; management and
conservation of genetic resources; manufacturing and trading breeding of
animals and plants; veterinary; accounting; independent audit; charges, fees;
public asset management; invoices; national reserve; electricity; chemicals;
hydrometeorology; cartography; business registration;

d) A fine of up to VND 75,000,000: national
security and defense; labor; vocational training; railway traffic; inland
waterway traffic; health insurance; social insurance;

dd) A fine of VND 100,000,000: irrigation works
management; dykes; medical examination and treatment; cosmetics; pharmacy and
medical equipment; production and trading of animal feed and fertilizers;
advertising; betting and games with awards; overseas labor management; maritime
traffic; civil air traffic; management and protection of traffic works;
information technology; telecommunications; radio frequency; press; publish;
trade; protecting the benefits of consumers; customs, tax procedures; lottery
business; insurance business; practicing thrift, combating waste; management of
explosive materials; protecting aquatic resources and marine products;

e) A fine of up to VND 150 million: price
management; real estate trading; mining, manufacturing and trading the building
materials; technical infrastructure management; management, development of
housing and office buildings; bidding; investment;

g) A fine of up to VND 200,000,000: production,
trading forbidden goods, fake goods;

h) A fine of up to VND 250 million: survey,
planning, exploration, exploitation and use of water resources;

i) A fine of up to VND 500,000,000:
construction; management of forest and forest products; land;

k) A fine of up to VND 1 billion: the management
of the sea areas, islands and continental shelves of the Socialist Republic of
Vietnam; nuclear and radioactive materials management, nuclear energy;
currency, precious metals, precious stones, banking and credit; exploration and
exploitation of oil and gas and other minerals; environmental protection.

2. The maximum fine level in the field of State
management specified in Clause 1 of this Article for organizations shall be 02
times compared with the fine level for individuals.

3. The maximum fine in the field of taxation;
measurement; intellectual property; food safety; quality of products and goods;
securities; restricting competition comply with the respective laws.

4. The maximum fine levels for the new fields
have not been defined in Clause 1 of this Article shall be prescribed by the
State after obtaining the consent of the National Assembly Standing Committee.

Article 25. The definite
deprivation of the right to use licenses, professional practice certificates or
suspension of operation in definite time

1. The definite deprivation of the right to use
licenses or professional practice certificates shall apply to individuals and
organizations that have seriously violated the activities written in the licenses,
professional practice certificates. While being deprived of the right to use
licenses and/or professional practice certificates, individuals and
organizations must not carry out activities prescribed in the licenses or
professional practice certificates.

2. The suspension of operation in definite time
is the sanctioning form that is applied for individuals, organizations
committing acts of administrative violations in the following cases:

a) Partly suspension of operation causing
serious consequences or practically causing serious consequences to the life,
human health, environment for facilities manufacturing, trading and supplying
services being required to possess licenses according to the law regulations.

b) Partly or entirely suspension of manufacturing,
trading, supplying services or other activities causing serious consequences or
practically causing serious consequences to the life, human health, environment
and order, social safety, that are required to possess licenses according to
the law regulations.

3. The time limit of deprivation of the right to
use licenses or professional practice certificates, time limit of operation
suspension specified in Clause 1 and Clause 2 of this Article are from 01 month
to 24 months, as the date when sanctioning decision takes effect. The competent
persons in sanctioning hold the licenses or professional practice certificates
during the deprivation term.

Article 26. Confiscation of
material evidences and means used for commission of administrative violations

1. Confiscating material evidences and means
used to commit administrative violations means the requisition of things,
money, goods and/or means directly involved in the administrative violations
into the State fund; applied for serious administrative violations due to the
intentional fault of individuals, organizations.

The handling of confiscated material evidences
and means of administrative violations shall comply with the provisions of
Article 82 of this Law.

Article 27. Expulsion

1. Expulsion means compelling foreigners who
have committed acts of administrative violations in Vietnam to leave the
territory of the Socialist Republic of Vietnam.

2. The Government shall prescribe in details
application of sanctioning forms for expulsion.

Section 2. REMEDIAL MEASURES

Article 28. Remedial
measures and application principles

1. Remedial measures include:

a) Forcible restoration of the initial state;

b) Forcible dismantling of works, parts of works
constructed without permits or not proper with permits;

c) Forcible application of measures to overcome
the environmental pollution, epidemic spreads;

d) Forcible bringing out of the territory of the
Socialist Republic of Vietnam or forcible re-export of goods, articles and
means;

dd) Forcible destruction of goods, articles
which cause harms to human health, domestic animals and cultivated plants,
environment and harmful cultural products;

e) Forcible correction of false information or
misleading;

g) Forcible removal of infringing elements on
the goods or packaging of goods, means of trading, and articles;

h) Forcible recall of products, goods without
quality guarantee;

i) Forcible submit of the unlawful profits from
administrative violations or forced to submit the money equivalent to the value
of material evidences, means used to commit administrative violations which
have been sold, dispersed or destroyed contrary to the law provisions;

k) Other remedial measures prescribed by the
Government.

2. Application principles of remedial measures:

a) For each act of administrative violation, in
addition to being applied sanctions, individuals, organizations committing
administrative violations may be applied one or more remedial measures
specified in Clause 1 of this Article;

b) Remedial measures are applied independently
for cases specified in Clause 2, Article 65 of this Law.

Article 29. Forcible
restoration of the initial state

Individuals, organizations committing
administrative violations must restore the initial state altered due to their
acts of administrative violations; in case individuals, organizations
committing administrative violations do not voluntarily carry out their duties,
they shall be coerced to carry out their duties.

Article 30. Forcible
dismantling of works, parts of works constructed without building permits or
not proper with building permits

Individuals, organizations committing
administrative violations must dismantle works, parts of works constructed
without building permits or not proper with building permits; in case individuals,
organizations committing administrative violations do not voluntarily carry out
their duties, they shall be coerced to carry out their duties.

Article 31. Forcible
application of measures to overcome the environmental pollution, epidemic
spreads

Individuals, organizations committing
administrative violations must implement measures to overcome the environmental
pollution, epidemic spreads; in case individuals, organizations committing
administrative violations do not voluntarily carry out their duties, they shall
be coerced to carry out their duties.

Article 32. Forcible
bringing out of the territory of the Socialist Republic of Vietnam or forcible
re-export of goods, articles and means

Individuals, organizations committing
administrative violations must bring out of the territory of the Socialist
Republic of Vietnam or re-export goods, articles and means brought into the
territory of the Socialist Republic of Vietnam, imported contrary to the
provisions of law or temporary import for re-export, but not re-export in
accordance with the provisions of the law.

This remedial measure is also applied to goods
imported, transited which infringe upon intellectual property rights, fake
goods infringe upon intellectual property rights, import means, raw materials
and materials used primarily for the production and trading of intellectual
property counterfeit goods, after the removal of offending elements; in case
individuals, organizations committing administrative violations do not
voluntarily carry out their duties, they shall be coerced to carry out their
duties.

Articles 33. Forcible
destruction of goods, articles which cause harms to human health, domestic
animals and cultivated plants, and environment, harmful cultural products;

Individuals, organizations committing
administrative violations must destroy articles which cause harms to human
health, domestic animals and cultivated plants, environment and harmful
cultural products or other material evidences belong to groups of being
destroyed according to the law provisions; in case individuals, organizations
committing administrative violations do not voluntarily carry out their duties,
they shall be coerced to carry out their duties.

Article 34. Forcible
correction of false information or misleading

Individuals, organizations committing
administrative violations must correct false information or misleading which
have been announced, informed on the mass media, being announced, informed on
websites; in case individuals, organizations committing administrative
violations do not voluntarily carry out their duties, they shall be coerced to
carry out their duties.

Article 35. Forcible
removal of infringing elements on the goods or packaging of goods, means of
trading, and articles;

Individuals, organizations who manufacture,
trade goods or use means of trading, articles which contain the infringing
elements on the goods, packaging of goods, means of trading, articles must
remove those infringing elements; in case individuals, organizations committing
administrative violations do not voluntarily carry out their duties, they shall
be coerced to carry out their duties.

Article 36. Forcible recall
of products, goods without quality guarantee

Individuals, organizations manufacturing,
trading products, goods which do not meet registered or announced quality and
other goods without quality guarantee, conditions of circulation in the market;
in case individuals, organizations committing administrative violations do not
voluntarily carry out their duties, they shall be coerced to carry out their
duties.

Article 37. Forcible submit
of the unlawful profits from administrative violations or forced to submit the
money equivalent to the value of exhibit, means used to commit administrative
violations which have been sold, dispersed or destroyed contrary to the law
provisions

The violating individuals, organizations must
submit the unlawful profits under the forms of money, valuable papers and
articles getting from the administrative violations to the State budget or
return to the subjects being appropriated; must submit the money equivalent to
the value of material evidences, means used to commit administrative violations
in case such material evidences, means have been sold, dispersed or destroyed
contrary to the law provisions; if individuals, organizations committing
administrative violations do not voluntarily carry out their duties, they shall
be coerced to carry out their duties.

Chapter II

COMPETENCE TO SANCTION
ADMINISTRATIVE VIOLATIONS AND APPLY REMEDIAL MEASURES

Article 38. Competence of
chairmen of the People’s Committees

1. Chairmen of the commune-level People’s
Committees have rights to:

a) Impose warning;

b) Impose fines of up to 10% of the maximum fine
levels for the respective field specified in Article 24 of this Law but not
over VND 5,000,000;

c) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels
specified in point b of this clause;

d) Apply the remedial measures specified in
point a, b, c and dd, Clause 1, Article 28 of this Law.

2. Chairmen of the district-level People’s
Committees have rights to:

a) Impose warning;

b) Impose fines of up to 50% of the maximum fine
levels for the respective field specified in Article 24 of this Law but not
over VND 50,000,000;

c) Deprive the rights of using licenses,
professional practice certificates in definite time or suspension of operation
in definite time;

d) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels
specified in point b of this clause;

e) Apply the remedial measures specified in
point a, b, c, dd, e, h, i and k Clause 1, Article 28 of this Law.

3. Chairmen of the province-level People’s
Committees have rights to:

a) Impose warning;

b) Impose fines of up to the maximum fine levels
for the respective field specified in Article 24 of this Law;

c) Deprive the rights of using licenses,
professional practice certificates in definite time or suspension of operation
in definite time;

d) Confiscate material evidences and/or means
used for administrative violations;

e) Apply the remedial measures specified in
Clause 1, Article 28 of this Law.

Article 39. Competence of
People’s Police

1. People’s Police officers being on official duty
shall have the rights to:

a) Impose warning;

b) Impose fines of up to 1% of the maximum fine
levels for the respective field specified in Article 24 of this Law but not
over VND 500,000;

2. The station heads and team heads of the
persons defined in Clause 1 of this Article shall have the right to:

a) Impose warning;

b) Impose fines of up to 3% of the maximum fine
levels for the respective field specified in Article 24 of this Law but not
over VND 1,500,000;

3. The commune-level police chiefs, the Police Post
Chief, the Heads of the Police stations at border gates, export-processing
zones have the rights to:

a) Impose warning;

b) Impose fines of up to 5% of the maximum fines
levels for the respective field specified in Article 24 of this Law but not
over VND 2,500,000;

c) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels
specified in point b of this clause;

d) Apply the remedial measures specified in
point a, c and dd, Clause 1, Article 28 of this Law.

4. The district-level police chiefs, Heads of
Professional Bureaus belong to the Police Departments of road, rail, Heads of
Professional Bureaus belong to the Police Departments of waterways, Heads of
the provincial-level Police Departments including Heads of the Police Bureaus
for Administrative Management of Social Order, Heads of Public Order Police,
Heads of rapid response police force, Heads of Police Bureaus for Criminals
Investigation of Social Order, Heads of Police Bureaus for Criminal
Investigation of Economic management order and position, Heads of Police
Bureaus for Investigation of Drug-Related Crimes, Heads of Police Bureaus of
road, rail, Heads of Police Bureaus of waterways, Heads of the Mobile and
Protection Police, Heads of Criminal judgment and justice support Bureaus,
Heads of Police Bureaus for Prevention and Combat of Environmental Crimes,
Heads of the Fire-Fighting & Rescue Police Bureaus, Heads of the
Fire-Fighting & Sea-Rescue Police Bureaus, Heads of the Exit and Entry Management
Bureaus, Heads of Internal Security & Politics Bureaus, Heads of the
Economic Security Bureaus, Heads of cultural and Ideology security
Bureaus, Heads of the Information Security Bureaus, Heads of the Fire-Fighting
Police Bureaus of districts belong to Fire-Fighting Police Departments; Heads
of the Mobile Police units of the company or higher level have the rights to:

a) Impose warning;

b) Impose fines of up to 20% of the maximum
fines levels for the respective field specified in Article 24 of this Law but
not over VND 25,000,000;

c) Deprive the rights of using licenses,
professional practice certificates in definite time or suspension of operation
in definite time;

d) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fines levels
specified in point b of this clause;

e) Apply the remedial measures specified in
point a, c, dd, and k, Clause 1, Article 28 of this Law.

5. The directors of the provincial-level Police
Departments, Directors of Fire-Fighting Police Departments have the rights to:

a) Impose warning;

b) Impose fines of up to 50% of the maximum fine
levels for the respective field specified in Article 24 of this Law but not
over VND 50,000,000;

c) Deprive the rights of using licenses,
professional practice certificates in definite time or suspension of operation
in definite time;

d) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels
specified in point b of this clause;

dd) Directors of the provincial-level Police
Departments have rights to decide the expulsion as a sanctioning form.

e) Apply the remedial measures specified in
point a, c, dd, i and k, Clause 1, Article 28 of this Law.

6. Director General of Internal Security &
Politics Department, Director General

of the Economic Security Department, Director
general of Culture and Ideology Security Department, Director general of the
Information Security Department, Director general of Police Department for
administrative management of social order, Director general of Department for
Criminal Investigation of Social Order, Director general of Department for
Criminal Investigation of Economic management order and position, Director
general of Police Department for Investigation of Drug-Related Crimes, Director
general of Police Department of road, rail, Director general of Police
Department of waterways, Director general of the Fire-Fighting & Rescue
Police Department, Director general of Protection Police Department, Director
general of Criminal judgment and justice support Department, Director general
of Police Department for Prevention and Combat of Environmental Crimes,
Director general of Police Department for Prevention and Combat of Hi-tech
Crimes have the rights to:

a) Impose warning;

b) Impose fines of up to the maximum fine levels
for the respective field specified in Article 24 of this Law;

c) Deprive the rights of using licenses,
professional practice certificates in definite time or suspension of operation
in definite time;

d) Confiscate material evidences and/or means
used for administrative violations;

e) Apply the remedial measures specified in
point a, c, dd, i and k, Clause 1, Article 28 of this Law.

7. The director general of the Exit and Entry
Management Department has rights to sanction according to Clause 6 of this
Article and has rights to apply expulsion as a sanctioning form.

Article 40. Competence of
border guards

1. Border guard combatants being on official
duties have the rights to:

a) Impose warning;

b) Impose fines of up to 1% of the maximum fine
levels for the respective field specified in Article 24 of this Law but not
over VND 500,000;

2. The station heads and team heads of the
persons defined in Clause 1 of this Article shall have the right to:

a) Impose warning;

b) Impose fines of up to 5% of the maximum fine
levels for the respective field specified in Article 24 of this Law but not
over VND 2,500,000;

3. Border post chiefs, border flotilla
commanders, border sub-region commanders and post chiefs of border gates shall
have the rights to:

a) Impose warning;

b) Impose fines of up to 20% of the maximum fine
levels for the respective field specified in Article 24 of this Law but not
over VND 25,000,000;

c) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels
specified in point b of this clause;

d) Apply the remedial measures specified in
point a, c, dd and k, Clause 1, Article 28 of this Law.

4. The provincial-level border guard commanders,
the commanders of the border guard fleets under the Border Guard Command shall
have the rights to:

a) Impose warning;

b) Impose fines of up to the maximum fine levels
for the respective field specified in Article 24 of this Law;

c) Deprive the rights of using licenses,
professional practice certificates in definite time or suspension of operation
in definite time;

d) Confiscate material evidences and/or means
used for administrative violations;

e) Apply the remedial measures specified in
point a, c, dd, i and k, Clause 1, Article 28 of this Law.

Article 41. Competence of
Coast Guards

1. Policemen of the Coast Guard operation teams,
being on official duties, shall have the rights to:

a) Impose warning;

b) Impose fines of up to 2% of the maximum fine
levels for the respective field specified in Article 24 of this Law but not
over VND 1,500,000;

2. Heads of the operation units of the Coast
Guard shall have the rights to:

a) Impose warning;

b) Impose fines of up to 5% of the maximum fine
levels for the respective field specified in Article 24 of this Law but not
over VND 5,000,000;

3. Heads of the operation teams of the Coast
Guard, station heads of the Coast Guard stations shall have the right to:

a) Impose warning;

b) Impose fines of up to 10% of the maximum fine
levels for the respective field specified in Article 24 of this Law but not
over VND 10,000,000;

c) Apply the remedial measures specified in
points a, c, and dd Clause 1, Article 28 of this Law.

4. The Coast Guard flotilla captains shall have
the rights to:

a) Impose warning;

b) Impose fines of up to 20% of the maximum fine
levels for the respective field specified in Article 24 of this Law but not
over VND 25,000,000;

c) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels
specified in point b of this clause;

d) Apply the remedial measures specified in
point a, c, d, dd and k, Clause 1, Article 28 of this Law.

5. The Coast Guard fleet commanders shall have
the rights to:

a) Impose warning;

b) Impose fines of up to 30% of the maximum fine
levels for the respective field specified in Article 24 of this Law but not
over VND 50,000,000;

c) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels
specified in point b of this clause;

d) Apply the remedial measures specified in
point a, c, d, dd and k, Clause 1, Article 28 of this Law.

6. The Coast Guard region commanders shall have
the rights to:

a) Impose warning;

b) Impose fines of up to 50% of the maximum
fines levels for the equivalent field specified in Article 24 of this Law but
not over VND 100,000,000;

c) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fines levels
specified in point b of this clause;

d) Apply the remedial measures specified in
point a, c, d, dd and k, Clause 1, Article 28 of this Law.

7. The director general of the Coast Guard Department
shall have the rights to:

a) Impose warning;

b) Impose fines of up to the maximum fine levels
for the respective field specified in Article 24 of this Law;

c) Deprive right to use permits, professional
practice certificates in definite time or suspend operation in definite time;

d) Confiscate material evidences and/or means
used for administrative violations;

e) Apply the remedial measures specified in
point a, b, c, d, dd and k, Clause 1, Article 28 of this Law.

Article 42. Competence of
the Customs

1. The Customs officers, being on official
duties, shall have the right to:

a) Impose warning;

b) Impose fines of up to VND 500,000.

2. The Operation team leaders under the Customs
Sub-Departments, the Operation Team leaders under the Post-clearance Examination
Customs Sub-Departments shall have the rights to:

a) Impose warning;

b) Impose fines of up to VND 5,000,000.

3. The Customs Sub-Department heads, the Heads
of the Post clearance Examination Customs Sub-Departments, leaders of the
Inspection Teams of the provincial, inter-provincial, municipal Customs
Departments, the Anti-Smuggling Inspection Team leaders, the Team leaders of
Customs procedure, commanders of the Sea Control Flotillas and Team leaders of
Intellectual property checking and protection under the Anti-Smuggle
Investigation Department of the General Department of Customs shall have the
rights to:

a) Impose warning;

b) Impose fines of up to VND 25,000,000;

c) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels
specified in point b of this clause;

d) Apply the remedial measures specified in
point d, dd, g, i and k, Clause 1, Article 28 of this Law.

4. The director of the Anti-Smuggling
Investigation Department, the director of the Post clearance Examination
Customs Sub-Departments under the General Department of Customs, the directors
of the provincial, inter-provincial, municipal Customs Departments shall have
the rights to:

a) Impose warning;

b) Impose fines of up to VND 50,000,000;

c) Deprive the rights of using licenses,
professional practice certificates in definite time or suspension of operation
in definite time;

d) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels
specified in point b of this clause;

e) Apply the remedial measures specified in
point d, dd, g, i and k, Clause 1, Article 28 of this Law.

5. The Director General of Customs have the
rights to:

a) Impose warning;

b) Impose fines of up to the maximum fine levels
for the respective field specified in Article 24 of this Law;

c) Confiscate material evidences and/or means
used for administrative violations;

d) Apply the remedial measures specified in
point d, dd, g, i and k, Clause 1, Article 28 of this Law.

Article 43. Competence of
rangers

1. Ranger officers being on official duties
shall have the rights to:

a) Impose warning;

b) Impose fines of up to VND 500,000;

2. Ranger Station chiefs shall have the rights
to:

a) Impose warning;

b) Impose fines of up to VND 10,000,000;

c) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels
specified in point b of this clause;

3. The heads of the Ranger units, the leaders of
the Mobile & Fire-fighting Ranger teams shall have the rights to:

a) Impose warning;

b) Impose fines of up to VND 25,000,000;

c) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels specified
in point b of this clause;

d) Apply the remedial measures specified in
point a, c, dd, i and k, Clause 1, Article 28 of this Law.

4. Directors of the Ranger Sub-Departments, Team
leaders of Ranger Special Force under the Ranger Departments shall have the
rights to:

a) Impose warning;

b) Impose fines of up to VND 50,000,000;

c) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels
specified in point b of this clause;

d) Deprive the rights of using licenses,
professional practice certificates in definite time or suspension of operation
in definite time;

e) Apply the remedial measures specified in
point a, b, c, dd, i and k, Clause 1, Article 28 of this Law.

5. The director of the Ranger Department shall
have the rights to:

a) Impose warning;

b) Impose fines of up to the maximum levels for
the field of forest & forest products management specified in Article 24 of
this Law;

c) Confiscate material evidences and/or means
used for administrative violations;

d) Deprive the rights of using licenses,
professional practice certificates in definite time or suspension of operation
in definite time;

e) Apply the remedial measures specified in
point a, b, c, dd, i and k, Clause 1, Article 28 of this Law.

Article 44. Competence of
Tax Offices:

1. Tax officers performing public duties shall
have the rights to:

a) Impose warning;

b) Impose fines of up to VND 500,000.

2. The Tax Team leaders shall have the rights
to:

a) Impose warning;

b) Impose fines of up to VND 2,500,000.

3. The Tax Sub-Department heads shall have the
rights to:

a) Impose warning;

b) Impose fines of up to VND 25,000,000;

c) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels
specified in point b of this clause;

d) Apply the remedial measures specified in
point a, i and k, Clause 1, Article 28 of this Law.

4. The Tax Department directors shall have the
rights to:

a) Impose warning;

b) Impose fines of up to VND 70,000,000;

c) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels
specified in point b of this clause;

d) Apply the remedial measures specified in
point a, i and k, Clause 1, Article 28 of this Law.

5. The General Director of Tax shall have the
rights to:

a) Impose warning;

b) Impose fines of up to the maximum level for
the tax field specified in Article 24 of this Law;

c) Confiscate material evidences and/or means
used for administrative violations;

d) Apply the remedial measures specified in
point a, i and k, Clause 1, Article 28 of this Law.

Article 45. Competence of
the Market Management Force

1. The market controllers being on official
duties shall have the rights to:

a) Impose warning;

b) Impose fines of up to VND 500,000.

2. The Market Management Team leaders shall have
the rights to:

a) Impose warning;

b) Impose fines of up to VND 25,000,000;

c) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels
specified in point b of this clause;

e) Apply the remedial measures specified in
point a, dd, e, g, h, i and k, Clause 1, Article 28 of this Law.

3. The Heads of the Market Management Sub-Departments
under the Department of Industry and Trade, Heads of Anti-Smuggling Division,
Heads of Anti-Fake Division, Heads of Goods Quality Control Division under the
Market Management Department shall have the rights to:

a) Impose warning;

b) Impose fines of up to VND 50,000,000;

c) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels
specified in point b of this clause;

d) Deprive the rights of using licenses,
professional practice certificates in definite time or suspension of operation
in definite time;

e) Apply the remedial measures specified in
point a, c, d, dd, e, h, i and k, Clause 1, Article 28 of this Law.

4. The directors of the Market Management
Department shall have the rights to:

a) Impose warning;

b) Impose fines of up to the maximum level for
the respective field specified in Article 24 of this Law;

c) Confiscate material evidences and/or means
used for administrative violations;

d) Deprive the rights of using licenses, professional
practice certificates in definite time or suspension of operation in definite
time;

e) Apply the remedial measures specified in
point a, c, d, dd, e, g, h, i and k, Clause 1, Article 28 of this Law.

Article 46. Competence of
Inspectorates

1. The inspectors, the persons with assignments
of specialized inspection, being on official duty shall have the rights to:

a) Impose warning;

b) Impose fines of up to 1% of the maximum fines
levels for the respective field specified in Article 24 of this Law but not
over VND 500,000;

c) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels
specified in point b of this clause;

d) Apply the remedial measures specified in
point a, c and dd, Clause 1, Article 28 of this Law.

2. Chief inspectors of the provincial-level
Services, Chief inspectors of Aviation Bureaus, Chief inspectors of Marine
Bureaus, Chief inspectors of the Vietnam Agency for Radiation and Nuclear
Safety, Chief inspectors of the State Securities Commission; Heads of the
Sub-Departments of Hygiene and Food safety, Directors of the Sub-Department of
Population and Family Planning of the Department of Health, Heads of the
Sub-Departments of Plant Protection, Veterinary Medicine, Aquatic, quality
management of agricultural, forestry and aquatic products, irrigation, dykes,
forestry, rural development under the Department of Agriculture and Rural
development, Directors of the Region Frequency Centers and equivalent positions
who are assigned to perform the specialized inspection tasks by the Government
shall have the rights to:

a) Impose warning;

b) Impose fines of up to 50% of the maximum fine
levels for the respective field specified in Article 24 of this Law but not
over VND 50,000,000;

c) Deprive the rights of using licenses,
professional practice certificates in definite time or suspension of operation
in definite time;

d) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels specified
in point b of this clause;

e) Apply the remedial measures specified in
Clause 1, Article 28 of this Law.

3. Heads of the Regional State Reserves Bureaus,
Heads of the Statistics Bureaus, Heads of the Pollution Control Bureaus,
Directors of the State Treasury of provinces, cities directly under the central
state and equivalent positions who are assigned to perform the specialized
inspection tasks by the Government shall have the rights to:

a) Impose warning;

b) Impose fines of up to 70% of the maximum fines
levels for the equivalent field specified in Article 24 of this Law but not
over VND 250,000,000;

c) Deprive the rights of using licenses,
professional practice certificates in definite time or suspension of operation
in definite time;

d) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels
specified in point b of this clause;

e) Apply the remedial measures specified in
Clause 1, Article 28 of this Law.

4. The Chief Inspector of ministries and
ministerial-level agencies, the Director General of the General Department of
Vietnam Road, the Director General of the General Statistics Office, the
Director General of the Directorate for Standards and Quality, the Director
General of the General Bureau of Vocational Training, the Director General of
Irrigation Bureau, the Director General of the General Bureau of Forestry, the
Director General of the Fisheries Bureau, the Director General of the General
Bureau of Geology and Mineral Resources, the Director General of Bureau of
Environment, the Director General of the General Bureau of Land Management ,
the Director of the State Treasury, the Chairman of the State Securities
Commission, the Director General of the State Reserves Bureau, the Director
General of the General Bureau of Population and Family Planning, the Chairman
of the State Committee of the Vietnamese in foreign countries, the Head of the
Central Emulation, the Head of the Government Committee for Religious Affairs,
the Heads of the Bureau of Chemicals, the Head of the Engineering safety and
Industrial environment Bureau, the Head of the Vietnam railway Bureau, the Head
of the Vietnam Inner Waterways Bureau, the Head of the Vietnam Agency
for Radiation and Nuclear Safety, the Head of Veterinary medicine Bureau,
the Head of the Plant Protection Bureau, the Head of the Bureau of Processing,
Trading agriculture, forestry and aquatic products and salt, the Head of
Insurance Management & Monitoring Bureau, the Head of the Radio Frequency
Bureau, the Head of Telecommunications Bureau, the Head of Radio, Television
and Electronic information Management Bureau, the Head of Journalism Bureau,
the Head of Publishing Bureau, the Head of Medicine Management Bureau, the Head
of Diseases diagnosis and treatment Bureau, the Head of Health Environment
Management Bureau, the Head of Preventive Medicine Bureau, the Head of Hygiene
and Food Safety Bureau and other equivalent positions who are assigned to
perform the specialized inspection tasks by the Government shall have the
rights to:

a) Impose warning;

b) Impose fines of up to the maximum level for
the respective field specified in Article 24 of this Law;

c) Deprive the rights of using licenses,
professional practice certificates in definite time or suspension of operation
in definite time;

d) Confiscate material evidences and/or means
used for administrative violations;

e) Apply the remedial measures specified in
Clause 1, Article 28 of this Law.

5. The Heads of the ministerial-level specialized
inspection team shall have the rights to sanction according to the regulations
in Clause 3 of this Article.

The Heads of the provincial-level specialized
inspection team, the Heads specialized inspection team of state management
agencies who are assigned to perform the specialized inspection tasks shall
have the rights to sanction according to the regulations in Clause 2 of this
Article.

Article 47. Competence of
the Maritime Port Authorities, the Airport Authorities, the Inland River Port
Authorities

1. The Chief Representatives of the Maritime
Port Authorities, the Chief Representatives of the Inland River Port
Authorities and the Chief Representatives of the Airport Authorities shall have
the rights to:

a) Impose warning;

b) Impose fines of up to VND 10,000,000;

c) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fines levels
specified in point b of this clause;

2. The directors of the Maritime Port
Authorities, the directors of the Inland River Port Authorities under the
Inland Waterways Bureau and the directors of the Airport Authorities shall have
the right to:

a) Impose warning;

b) Impose fines of up to VND 25,000,000;

c) Deprive the rights of using licenses,
professional practice certificates in definite time or suspension of operation
in definite time;

d) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fines levels
specified in point b of this Article;

e) Apply the remedial measures specified in
point a, b, c, dd, i and k, Clause 1, Article 28 of this Law.

Article 48. Competence of
the People’s Courts

1. The judges chairing the court sessions shall
have the rights to:

a) Impose warning;

b) Impose fines of up to VND 1,000,000;

c) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels
specified in point b of this clause.

2. The judges who are assigned to settle the
bankruptcy lawsuits shall have the rights to:

a) Impose warning;

b) Impose fines of up to VND 5,000,000;

c) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels
specified in point b of this clause;

d) Apply the remedial measures specified in
point a, i and k, Clause 1, Article 28 of this Law

3. Chief Judge of district People’s Court,
specialized Chief Judge of provincial People’s Court, Chief Judge of Regional
Military People’s Court have the rights to:

a) Impose warning;

b) Impose fines of up to VND 7,500,000;

c) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels
specified in point b of this clause;

4. Chief Judge of provincial People’s Court,
Chief Judge of Regional Military People’s Court and equivalent positions, Chief
Judge of Appellate Courts, specialized Chief Judge of the People’s Supreme
Court have the rights to:

a) Impose warning;

b) Impose fines of up to the maximum level for
the respective field specified in Article 24 of this Law;

c) Confiscate material evidences and/or means
used for administrative violations;

d) Apply the remedial measures specified in
point a, i and k, Clause 1, Article 28 of this Law.

Article 49. Competence of
civil judgment-executing bodies

1. The civil judgment executors being on
official duty shall have the rights to:

a) Impose warning;

b) Impose fines of up to VND 500,000.

2. The Heads of Civil Judgment Execution Bureau
have the rights to:

a) Impose warning;

b) Impose fines of up to VND 2,500,000;

c) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels
specified in point b of this clause;

d) Apply the remedial measures specified in
point a, i and k, Clause 1, Article 28 of this Law.

3. The civil judgment executors who are the Team
leader of Assets Management and Liquidation of bankruptcy have the rights to:

a) Impose warning;

b) Impose fines of up to VND 5,000,000;

c) Apply the remedial measures specified in
point a, i and k, Clause 1, Article 28 of this Law.

4. The Directors of Civil Judgment Execution
Department, the heads of the judgment executing bureaus of the military zone
level have the rights to:

a) Impose warning;

b) Impose fines of up to VND 20,000,000;

c) Confiscate material evidences and/or means
used for administrative violations, with value of not over the fine levels
specified in point b of this clause;

d) Apply the remedial measures specified in
point a, i and k, Clause 1, Article 28 of this Law.

5. The Director General of Civil Judgment
Execution Department have the rights to:

a) Impose warning;

b) Impose fines of up to the maximum level for
the field of civil judgment execution specified in Article 24 of this Law;

c) Confiscate material evidences and/or means
used for administrative violations;

d) Apply the remedial measures specified in
point a, i and k, Clause 1, Article 28 of this Law.

Article 50. Competence of
the Overseas Labor Management Department

The director of the Overseas Labor Management
Department has the rights to:

1. Impose warning;

2. Impose fines of up to the maximum level for
the Overseas Labor Management field specified in Article 24 of this Law;

3. Confiscate material evidences and/or means
used for administrative violations;

4. Deprive the rights of using licenses in
definite time or suspension of operation in definite time;

5. Apply the remedial measures specified in
point a, i and k, Clause 1, Article 28 of this Law.

Article 51. Competence of
diplomatic missions, consulates and other agencies authorized to perform
consular functions of the Socialist Republic of Vietnam in foreign countries

Heads of diplomatic missions, consulates and
other agencies authorized to perform consular functions of the Socialist
Republic of Vietnam in foreign countries have the rights to:

1. Impose warning;

2. Impose fines of up to the maximum level for
the respective field specified in Article 24 of this Law;

3. Confiscate material evidences and/or means
used for administrative violations;

4. Apply the remedial measures specified in
point a, i and k, Clause 1, Article 28 of this Law.

Article 52. Principles for
determining and fixing the competence to administrative violation sanction and
application of remedial measures

1. The administrative violation sanctioning
competence of the persons defined in Articles 38 to 51 of this Law is the
competence applicable to an act of administrative violation for persons. In
case of fines, the competence sanctioning organizations shall be 02 times
compared with the competence sanctioning personals and be determined on the
basis of the percentage prescribed in this Law with that position.

In the case of fines for administrative
violations in the inner city areas of the fields specified in Paragraph 2,
Clause 1, Article 23 of this Law, the titles competent to fines for
administrative violations regulated by the Government shall also have the
sanctioning competence equivalent to the higher fines for administrative
violations regulated by the People’s Council of cities under the Central State
applicable in the inner city.

2. Fines competence prescribed in Clause 1 of
this Article shall be determined on the basis of the maximum level of the fine
frame prescribed for each specific violating act.

3. Chairmen of the People’s Committees of all
levels with competence to sanction administrative violations in the field of
local state management.

Persons with competence to sanction
administrative violations specified in Articles 39 to 51 of this Law have
competence to sanction administrative violations in the fields, sectors under
their management.

In the case of administrative violations under
the sanctioning competence of many persons, the administrative sanctions shall
be conducted by the person who handles the violations in the first time.

4. In case of sanctioning a person who commits
multiple violations, the competence to sanction administrative violations shall
be defined according to the following principles:

a) If the form of sanctions, the value of
material evidences and means of administrative violations are confiscated,
remedial measures are prescribed for each act under the control of the person
who sanctions administrative violations, the sanctioning competence still
belongs to that person;

b) If the form of sanctions, the value of
material evidences and means of administrative violations being confiscated,
remedial measures are prescribed for one of acts beyond the competence of the
person who sanctions of administrative violations, such person must transfer
the violations to suitable authority.

c) If the acts under the competence of
administrative sanctions of many different sectors, the sanctioning competence
shall be under the Chairmen of the People’s Committees where the violations
occur with competence to impose sanctions.

Article 53. Changing the
names of the titles having the competence to sanction administrative violations

In case the titles with competence to sanction
administrative violations specified in this Law changes the names, these titles
shall have sanctioning competence.

Article 54. Delegation of
the sanctioning competence

1. Persons with competence to sanction
administrative violations specified in Article 38; Clause 2, 3, 4, 5, 6 and 7,
Article 39; Clause 2, 3 and 4 of Article 40; Clause 3, 4, 5, 6 and 7, Article
41; Clause 2, 3, 4 and 5, Article 42; Clause 2, 3, 4 and 5, Article 43; Clause
2, 3, 4 and 5, Article 44; Clause 2, 3 and 4 of Article 45; Clause 2, 3 and 4
of Article 46; Article 47; Clause 3 and Clause 4, Article 48; Clause 2, 4 and 5
of Article 49; Article 50 and Article 51 of this Law may be assigned to their
deputy to sanction administrative violations.

2. The delegation of sanctioning administrative
violations are carried out regularly or according to each case and must be made
in writing, clearly identifying the scope, content and duration of the
delegation.

3. The deputies delegated to sanction
administrative violations shall be responsible for their administrative
sanctions decisions before their Heads and law. Persons who are delegated can
not empower, authorize to any other person.

Chapter III

PROCEDURES FOR SANCTION,
EXECUTION OF SANCTIONING DECISIONS AND COERCIVE EXECUTION OF SANCTIONING
DECISIONS

Section 1. PROCEDURES FOR
SANCTION

Article 55. Forcing to stop
acts of administrative violations

Forcing to stop acts of administrative
violations is action applied by the competent persons on their official duty
for the ongoing administrative violations in order to stop immediately the acts
of violations. Forcing to stop acts of administrative violations is conducted
by words, whistle, command, document or other forms as prescribed by law.

Article 56. Administrative
sanction without record taking

1. Administrative sanction without record taking
is applicable in cases of warning or fines of up to VND 250,000 for
individuals, VND 500,000 for organizations and the persons with sanctioning
competence must make decisions of administrative sanctions on the spot.

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

2. Decisions of administrative sanctions on the
spot must be written clearly the information of date of decisions; full name,
address of violators or name, address of violating organizations; acts of
violations; venues of violations; evidences and details related to the
violation settlement; full name, position of persons who make sanctioning
decisions; articles, clauses of applicable legal documents. In case of fines,
there must be the fine levels in the decisions.

Article 57. Administrative
sanction with taking records, dossiers of administrative sanctions

1. Administrative sanctions with record taking
applied for acts of administrative violations of individuals, organizations
committing acts of administrative violations not belong to cases specified in
paragraph 1, Clause 1, Article 56 of this Law.

2. The sanctions of administrative violations
with taking records must be made into dossiers of administrative sanctions by
competent persons. The dossiers include records of administrative violations,
decisions of administrative sanction, related documents and papers and must be filled in book of
records.

The dossiers must be restored according to the
law provisions of archives.

Article 58. Taking record
of administrative violation

1. Upon detecting administrative violations in
their respective management domains, persons with sanctioning competence on
duty shall promptly make records thereof, except for cases of sanctioning
without record taking specified in Clause 1, Article 56 of this Law.

For administrative violations detected by
professional technical devices, means, a record shall be made immediately after
violators, violating organizations are identified.

For administrative violations committed on
aircraft, ships, trains the aircraft, train or ship captains must make records
thereof and send them to persons with administrative sanctioning competence
when the aircraft, trains or ships return to the airports, platforms or
seaports.

2. An administrative violation record must
clearly indicate the date and place of making the record; full name and
position of the maker, full name, address and occupation of the violator or
name and address of the violating organization; time, date and location when
and where the administrative violations occur; acts of violations; measures
taken to prevent the administrative violations and ensure handling; conditions
of the seized material evidences and means; statements of the violators or
representatives of the violating organizations. If there are witnesses, victims
or representatives of the victim organizations, their full names, addresses and
statements must be indicated in the record; rights and term of explaining
administrative violations of violators or representatives of violating
organizations; agencies receiving explanations.

If the administrative violators, representatives
of violating organizations are absent at the place occurring violation or
deliberately escape or fail to sign on the record due to objective reasons, the
record must be signed by a representative of the authority at grassroots of the
place occurring violation or signed by two witnesses.

3. A record must be made in at least two copies;
signed by the record maker and the violators or the representatives of the
violating organizations; in case violators can not sign, they can press their
finger-prints in record. If there are witnesses, victims or representatives of
the victim organizations, they must also sign in the record. If the record
consists of many pages, the persons mentioned in this Clause shall sign in each
page of record. If the violators, the representatives of the violating
organizations, witnesses, victims or representatives of the victim
organizations refuse to sign, the record maker shall write the reasons thereof
in the record.

After the records of administrative violations
have been completed, they must be given to violators, violating organizations
01 copy; in case the administrative violations do not belong to or beyond the
sanctioning competence of the record makes, the records must be immediately
transferred to the persons with sufficient competence to sanction.

In case the violators are the minors, the
records must also be sent to their parents or guardians.

Article 59. Verifying
details of administrative sanctions

1. During the consideration of making
administrative sanctioning decisions, if necessary, the persons with
sanctioning competence are responsible for verifying these following details:

a) Whether or not administrative violations;

b) Individuals and organizations committing
administrative violations, errors, personal identifications of violators;

c) Aggravating, extenuating circumstances;

d) The nature and extent of damage caused by
administrative violations;

dd) Case of without decisions on administrative
sanctions specified in Clause 1, Article 65 of this Law;

e) The other details which are meaningful to the
consideration, sanctioning decisions

During the process of consideration, making
sanctioning decisions, the persons with sanctioning competence may solicit
expertise. The soliciting expertise shall be conducted according to the law
provisions of expertise.

2. Verifying details of acts of administrative
violations must be made in writing.

Article 60. Defining the
value of material evidences of administrative violations as a basis for
the defining frame of fines, sanctioning competence

1. In the case of defining the value of material
evidences of administrative violations as a basis for defining the frame of
fines, sanctioning competence, the competent persons who are handling cases
must define the value of material evidences and must be responsible for such
evaluation.

2. Depending on the specific material evidence,
the evaluation is based on one of the grounds in the following priority order:

a) The price listed or stated in the contract or
purchase invoices or import declaration;

b) The price according to the notice of local
financial agencies; in case of without price notice, the price shall be based
on the market price in the localities at the time of administrative violations;

c) The cost price of material evidence if it is
goods not yet been brought out for sale;

d) For the material evidences being fake goods,
the price of the material evidences are the market price of the real goods or
goods of the same features, technology, use at the place of detecting
administrative violations.

3. In case there is no basis to apply
regulations in Clause 2 of this Article to define the value of material evidences
of administrative violation for defining the frame of fines, sanctioning
competence, the competent persons handling that case can make decisions on
temporary seizure of material evidences of administrative violation and
establish an Appraisal Council. The Appraisal Council includes the person who
makes decision on temporary seizure of material evidences as the Chairman of
the Council, the representative of the financial agencies of the same level and
the representative of relevant professional agencies as members.

The time limit of temporary seizing material
evidences to determine the value is not more than 24 hours since making the
decisions on temporary seizure, in cases of extreme necessity; the time limit
may be extended but must not exceed 24 hours. All costs relating to the
seizure, valuation and damages caused by the temporary seizure shall be paid by
the agencies of person competent to make decision on temporary seizure.
Procedure, records of temporary seizure shall be conducted according to regulations
in Clause 5 and Clause 9, Article 125 of this Law.

4. Bases for defining value and documents
related to the definition of value of material evidences must be written in the
dossiers of administrative sanctions.

Article 61. Explanation

1. For acts of administrative violations which
regulated by the law provisions to apply the sanctioning forms of depriving the
rights of using licenses, professional practice certificates in definite time
or suspension of operation in definite time or apply the maximum fines of the
fine frame for those acts from VND 15,000,000 or more than for individuals,
from VND 30,000,000 or more than for organizations, the violating individuals,
organizations have right to explain directly or in writing for persons with
competence to sanction administrative violations. The persons with sanctioning
competence are responsible for consider explanation of violating individuals,
organizations before making sanctioning decisions, except for those cases that
individuals, organizations do not have requirements of explanation within the
term specified in Clause 2 and Clause 3 of this Article.

2. For cases of explanation in writing,
violating individuals, organizations must send written explanations to persons
with competence to sanction administrative violations within 05 days, since the
date of taking records of administrative violations.

In case of complicated circumstances, the
competent persons can extend with the maximum of 5 days at the request of the
violating individuals, organizations.

The violating individuals, organizations must
perform explanations in writing by themselves or by their legal
representatives.

3. For the cases of direct explanation, the
violating individuals, organizations must send their written request for direct
explanation to the persons with sanctioning competence within 02 working days,
since the date of taking record of administrative violations.

The persons with sanctioning competence must
send written notices to violators about the time and venue of direct
explanation session within 05 days, from the date of receiving request of
violators.

The persons with sanctioning competence hold the
direct explanation session and are responsible for defining legal foundations
and details, evidences related to the acts of administrative violations,
sanctioning forms, remedial measures scheduled to apply for violating acts. The
violating individuals, organizations, their legal representatives have rights
to participate in the direct explanation session and giving opinions, evidences
to protect their legal rights and benefits.

The direct explanation must be made in the
records, and signed by the related parties. If the record consists of many
pages, the parties must sign on each page. This record must be stored in the dossier
of administrative violation sanction and assigned to the violating individuals,
organizations or their legal representatives 01 copy for each respective one.

Article 62. Transferring
dossiers of cases of violation with criminal signs for penal liability
examination

1. When considering the violating case to decide
administrative sanctions, if deeming that the violating acts have criminal
signs, the persons with sanctioning competence must immediately transfer the
violating case to criminal procedure agencies.

2. During the process of sanctioning decisions
on administrative sanctions, in case the violating acts are detected to have
criminal signs while the statute of limitations is not over, the decider of
administrative sanctions must decide to temporarily suspend that decision and
within 03 days, from the suspension date, they must transfer the violating case
to criminal procedure agencies; in case the sanctioning decisions are
completed, the decider of administrative violations must transfer the violating
case to criminal procedure agencies.

3. The criminal procedure agencies are
responsible for considering, concluding the case and reply the results in
writing to the competent persons who have transferred documents in the terms
according the law provisions of criminal procedure; in case of not prosecuting
a criminal case, the criminal procedure agencies must return the case to the
competent persons who have transferred documents.

For cases specified in Clause 2 of this Article,
if the criminal procedure agencies decide to prosecute the case, the persons
with competence of administrative sanctions must cancel the decisions on
administrative sanctions and transfer all material evidences, means of
administrative violations and documents about the execution of sanctioning
decisions for criminal procedure agencies.

4. The transferring of violating cases with
criminal signs to examine for penal liability must be
informed in writing for violators.

Article 63. Transferring
dossiers of violation cases for administrative sanctions

In cases that criminal procedure agencies
handling, settling, but later got other decisions not to criminal prosecutions,
canceling decisions on criminal prosecutions, decisions on suspending the
investigation or decisions on suspending the cases, if the violation acts have
signs of administrative violations, within three days as from the date of
issuing decisions to suspend the investigation or suspend the cases, the
agencies conducting the criminal proceedings must transfer the above-mentioned
decisions together with dossiers, material evidences, means of violation case
and proposal of administrative sanction to the persons with competence of
administrative sanction.

2. The administrative sanction shall be based on
dossier of violation case being transferred by the criminal procedure agencies.

If necessary, the persons with competence of
administrative sanction shall conduct further verification of details as
foundation of administrative sanctioning decision.

3. The time limit for making decisions on
administrative sanctions is 30 days, from the date of receiving decisions
specified in Clause 1 of this Article together with the dossiers of violation
cases. In case of further verification specified in Clause 2 of this Article,
the maximum time limit is not over 45 days.

Article 64. Use of
professional, technical devices, equipment in detecting administrative
violations

1. Agencies, persons competent to sanction
administrative violations are entitled to use professional, technical devices, equipment
to detect administrative violations of order, traffic safety and
environmental protection.

2. The management, use and definition of list of
professional, technical devices, equipment must ensure the following
principles:

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

b) To comply with the process, rules on the use
of professional, technical devices, equipment;

c) The results obtained by professional
technical devices, equipment must be recorded in writing and will only be used
in administrative sanctions;

d) Professional, technical devices, equipment
must be ensured complied with technical standards, regulations prescribed
by the competent authorities.

3. The Government shall stipulate the
management, use and list of professional, technical devices, equipment used to
detect administrative violations.

Article 65. Cases without
decisions on administrative sanctions

1. There are no decisions on sanctioning
administrative violations in the following cases:

a) Cases specified in Article 11 of this Law;

b) Failing to identify the objects of
administrative violations;

c) The statute of limitations for sanctioning
administrative violations specified in Article 6 is over or the expiration of
the sanctioning decisions specified in Clause 3 of Article 63 or Clause 1 of
Article 66 of this Law;

d) Individuals committing administrative
violations are dead, missing, violating organizations are in the situation of
dissolution, bankruptcy in period of considering for making the sanctioning
decisions;

e) Transfer dossiers of violation cases with
criminal signs as prescribed in Article 62 of this Law.

2. For the cases specified in point a, b, c and
d, Clause 1 of this Article, the competent persons do not make decisions on
administrative sanctions but can make decisions on confiscating material
evidences to the state budget or destroy material evidences of administrative
violations belong to the types of being banned for circulation and applied
remedial measures specified in Clause 1, Article 28 of this Law.

In the decision, the reasons for not making
decisions on administrative sanctions must be written; confiscated or destroyed
material evidences; applied remedial measures, responsibility and time limit of
implementation.

Article 66. The time limit
for making decisions to sanction administrative violations

1. Persons with competence of administrative
sanctions must make decisions on administrative sanctions within 07 days, from
the date of taking administrative records. For those cases with complicated
details which do not belong to cases of explanation or explanation cases
specified in Clause 2 and Clause 3 of Article 61 of this Law, the time limit
for making sanctioning decisions are 30 days, from the date of taking records.

In case of particularly serious cases, with many
complicated details and belong to explanation cases specified in paragraph 2,
Clauses 2 and 3, Article 61 of this Law, which requires more time to verify and
collect evidences, the persons with sanctioning competence must report to their
direct heads in writing to ask for extension; the extension must be made in
writing, the time limit of extension shall not exceed 30 days.

2. Beyond the time limit specified in Clause 1
of this Article or Clause 3, Article 63 of this Law, the persons with
sanctioning competence do not make sanctioning decisions but still make
decisions on application of remedial measures specified in Clause 1, Article 28
of this Article, decisions on confiscating material evidences to the state
budget or destroying material evidences of administrative violations belong to
the types of being banned for circulation.

In case persons with competence of
administrative sanctions have mistakes in not making decisions in excess of the
time limit, they shall be handled according to the law provisions.

Article 67. Issuance of
decisions on sanctioning administrative violations

1. In case one individual, organization
committing many acts of administrative violations and being sanctioned at the
same time, just one sanctioning decision is made, in which defining forms,
levels of sanctions for each act of administrative violations.

2. In case many individuals, organizations
committing an act of administrative violations, 01 or more sanctioning
decisions can be made to define sanctioning forms, levels for each individual,
organization.

3. In case many individuals, organizations
committing many different administrative violations in the same violation case,
01 or more sanctioning decisions can be made to decide sanctioning forms,
levels for each violating act of each individual, organization.

4. Sanctioning decisions take effect from the
date of signing, unless the different effective date provided in decisions

Article 68. The content of
decisions on administrative sanctions

1. Decisions on administrative sanctions must
include the main content as follows:

a) Location, date of making decisions;

b) Legal foundations for promulgating decisions;

c) Records of administrative violations, results
of verification, written explanation of violating individuals, organizations or
records of explanation meeting and other documents (if any);

d) Full name, position of decider;

dd) Full name, address, occupation of violators
or name, address of violating organizations;

e) Acts of administrative violations;
extenuating circumstances, aggravating circumstances;

g) Articles, Clauses of applied legal documents;

h) The principal sanctioning form; additional
sanctioning forms, remedial measures (if any);

i) Rights of complains, initiate
lawsuits against decisions on administrative sanction;

k) Effect of decisions, time limit and place of
implementation of decisions on administrative sanction, places for fine
payment;

l) Full name, signatures of the persons who make
decisions on administrative sanctions;

m) Responsibility for executing decisions on
administrative sanctions and the coercion in case individuals, organizations
are not voluntarily sanctioned.

2. The time limit of decision implementation is
10 days, from the date of receiving sanctioning decisions; in case the
sanctioning decisions writing the implementation time limit of more than 10
days, the implementation shall be followed according to such time limit.

3. In case of issuing one decision on
administrative sanctions for many individuals, organizations committing an
violating act or many individuals, organizations committing many different acts
of administrative violations in the same violation case, the content of
violating act, sanctioning forms, levels for each individual, organization must
be defined in a specific and clear way.

Section 2.
EXECUTION OF DECISIONS SANCTIONING ADMINISTRATIVE VIOLATION

Article 69.
Execution of sanctioning decisions without making records

1. The sanctioning decisions
without making records must be handed to sanctioned individuals or
organizations, one copy each. If minors are sanctioned with warning, the
sanctioning decisions shall be sent to their parents or guardians.

2. The violating individuals,
organizations pay fines on spot to the persons with sanctioning competence. The
fine collectors shall hand vouchers colleting fines to individuals,
organizations paying fines and remit fines directly at State Treasuries or into
accounts of State Treasuries within 02 working days, as from the date of
collecting fines.

If violating individuals,
organizations fail to pay fines on spot, they may remit at State Treasuries or
into accounts of State Treasuries indicated in the sanctioning decisions within
time limit specified in clause 1, Article 78 of this Law.

Article 70. Sending
decisions sanctioning administrative violation for execution

Within 02 working days, as from
the day of issuing decisions sanctioning administrative violation with making
records, competent persons having issued such sanctioning decisions must send
to sanctioned individuals or organizations, agencies collecting fines and other
relevant agencies (if any) for execution.

The decisions sanctioning
administrative violation may be handed directly or through post in an assurance form and notifying to sanctioned
individuals thereof.

In case a decision is handed
directly but violated organization or individual deliberately does not receive
such decision, competent person shall make record thereof with certification of
local authority and it is considered that the decision has been handed.

For cases when sending through
post in an assurance form, if within 10 days, since the sanctioning decision
has been sent through post for the third time and be returned because violating
individual or organization deliberately does not receive it; the sanctioning
decision has been posted at the residence place of
sanctioned individual, head office of sanctioned organization or there are
grounds for presuming that the violator evades receiver of sanctioning
decision, in such cases, it is considered that the decision has been handed.

Article 71.
Transfer of sanctioning decisions for execution

1. In case individuals,
organizations perform administrative violations in locals of this provincial
level but being resident, placing office in locals of other provincial level
and have no condition to serve sanctioning decision at sanctioned place,
sanctioning decisions shall be transferred to agencies at the same level in
places where individuals being resident, organizations placing head offices in
order to organize execution; if places where individuals being resident,
organizations placing head offices, have no agency at the same level,
sanctioning decision shall be transferred to the district-level People’s
Committees in order to organize execution.

2. If administrative violations
happen in a district-level local but individuals being resident, organizations
placing office in other district-level local and in scope of a province in
mountainous areas, islands, remoted areas which is difficult for going and
violated individuals or organizations have no condition to serve sanctioning
decision at sanctioned place, the sanctioning decisions shall be transefered to
agencies at the same level in place where individuals being resident,
organizations placing office in order to organize execution.

3. Agencies having competence on
sanctioning administrative violations for cases specified in clause 1 and
clause 2 of this Article shall transfer entire dossier, related documents;
material evidences and/or means used to commit administrative violations (if
any) to agencies receiving sanctioning decisions for execution as prescribed by
this Law. Violating individuals, organizations shall pay expenditures for
transtort of dossiers, material evidences and/or means used to commit
administrative violations.

Article 72.
Public announcement by mass media on sanctioning with respect to individuals,
organizations committing administrative violation

1. If commiting administrative
violations on food safety; product and goods quality;
pharmacy; medical treatment and examination; labor; construction; social
insurance; health insurance; environmental protection; tax; securities;
intellectual property; measurement; production and/or trading in counterfeits
causing big consequences or bad affect in social opinion, agencies of persons competent
to sanction administrative violations shall publish in sanction.

2. Content publicized includes
individuals, organizations committing administration violation, violating acts,
forms of sanctions and remedial measures.

3. The publication being performed
on websites or news of Ministrial-level, Depeartment-level management agencies
or provincial People’s Committees where happening
administrative violations.

Article 73.
Execution of decisions sanctioning administrative violation

1. Individual or organization
being sanctioned administrative violations must serve sanctioning decision
within 10 days, since receiving decision sanctioning administrative violation;
if decision sanctioning administrative violation indicate time limit of
execution more than 10 days, may execute under that time limit.

When individual or organization
being sanctioned administrative violation complain, sue with respect to
decision sanctioning administrative violation, the
sanctioning decision must be executed, except for case specified in clause 3
Article 15 of this Law. Complaints, lawsuits shall be settled as prescribed by
law.

2. The persons competent to
sanction and have issued sanctioning decisions shall monitor, examinate
sanctioning decisions’ execution of sanctioned individuals or organizations and
notify result of finish decisions’ execution to agencies managing the database
on handling administrative violations of the Ministry of Justice and local
Justice agencies.

Article 74.
Statute of limitations for executing decisions sanctioning administrative
violations

1. Statute of limitations for
executing decisions sanctioning administrative violations is 01 year, as from
the day of issuing decision, past this time limit, not executing such
decisions, unless the sanctioning decisions have forms of sanctions such as
confiscating material evidences and/or means used to commit administrative
violations, applying remedial measures, in cases, must confiscate material
evidences and/or means prohibited for cisculation, apply remedial measures in
necessary cases in order to protect environment, ensure on construction,
traffic, and order security, social safety.

2. If sanctioned individuals or
organizations deliberately evade, postpone, the above-mentioned statute of
limitations shall be calculated from time stopping actions of evading,
postponing.

Article 75.
Execution of decisions sanctioning administrative violation in case the
sanctioned persons died, missed, sanctioned organizations dissolve or bankrupt

In case the sanctioned persons
died, missed, sanctioned organizations dissolve or bankrupt, not execute
decision on fines, but execute forms of sanctions such as
confiscating material evidences and/or means used to commit administrative
violations and remedial measures indicated in decisions.

The Government provides in details
this Article.

Article 76.
Postponing execution of decisions on fines

1. A decision on fines may be
postponed for execution in case individual fined from 3,000,000 dong or more
meeting special, unexpected economic difficulties due to disasters, fires,
epidemics, dangerous diseases, accidents and certified by communal People’s
Committees where that person resideor by agency or organization where that
person studying, working.

2. The individual must have
application for postponing decision sanctioning administrative violation and
send it to agency of person having issued sanctioning decision. Within 05 days,
as from the day of receiving application, the person who has issued sanctioning
decision shall consider to decide postponing execution of that sanctioning
decision.

Time limit postponing execution of
sanctioning decision not exceeding 03 months, as from the day of postponing
decision.

3. The individual being postponed
execution of sanctioning decision may receive documents, material evidences
and/or means used to commit administrative violations which have been impounded
as prescribed in clause 6 Article 125 of this Law.

Article 77.
Reduction, exemption of fines

1. Individuals in cases specified
in clause 1 Article 76 of this Law having no capacity to serve decision, may be
considered to reduce, exempt the remaining part of fines indicated in
sanctioning decision.

2. The individuals specified in
clause 1 of this Article must have application for reduction or exemption of
the remaining part or entire of fines and send it to person having issued
sanctioning decision. Within 03 days, as from the day of receiving application,
the person who has issued sanctioning decision must transfer application
enclosed dossiers of matters to the direct superior. Within 05 days, as from
the day of receiving application, the direct superior must consider for
decision and notify to the person who has issued sanctioning decision, person
applying for reduction or exemption thereof; if not agree with reduction or
exemption, must clearly sate reason.

If the President of the provincial
People’s Committee has issued sanctioning decision, the provincial People’s
Committee of that province shall consider for decision on reduction or
exemption of fines.

3. The individual being reduced or
exempted fines may receive documents, material evidences and/or means used to
commit administrative violations which have been impounded as prescribed in
clause 6 Article 125 of this Law.

Article 78.
Procedures for paying fines

1. Within 10 days, since receiving
sanctioning decision, sanctioned individuals or organizations must pay fines at
State Treasuries or pay into account of State Treasuries indicated in
sanctioning decision, unless having paid fines as specified in clause 2 and
clause 3 of this Article. If past the above-mentioned time limit, they shall be
enforced for execution of sanctioning decision and each late day of paying
fines, violating individuals, organizations must pay additionally 0.05% on
total fines have not yet paid.

2. In remote areas, border areas,
mountainous areas where going meets difficulties, sanctioned individuals or
organizations may pay fines for the persons with sanctioning competence. The
persons with sanctioning competence shall collect fines on spot and remit at
State Treasuries or into accounts of State Treasuries within 07 working days,
as from the date of collecting fines.

In case sanction performed on sea
or outside working hour, persons with sanctioning competence may collect
directly fines and must remit at State Treasuries or remit into accounts of
State Treasuries within 02 working days, as from the day coming ashore or
collecting fines.

3. Individuals, organizations
conducting administrative violation and being fined must pay fines one time,
except for case specified in Article 79 of this Law.

All cases of collecting fines, the
fine collectors shall hand vouchers colleting fines to individuals,
organizations paying fines.

4. The Government provides in
details this Article.

Article 79. Paying fines in
many times

1. Paying fines in many times is applied when having the following conditions:

a) Being fined from 20,000,000
dong or more for individuals and from 200,000,000 dong or more for
organizations;

b) Meeting special economic
difficulties and having application for paying fines in many times. The
application of an individual must be certified on circumstance facing special
economic difficulties by communal People’s Committee where that person resideor
agency, organization where that person studying, working; the application of an
organization must be certified by the directly managing tax office or direct
superior agency or organization.

2. Time limit of paying fines in
many times not exceeding 06 months, since sanctioning decision takes effect;
maximum number of times paying fines is not over 03 times.

The minimum level paying fines of
the first time is 40% of total fines.

3. The person who has issued
decision on fines, has right to decide paying fines in many times. The decision
on paying fines in many times must be made in writing.

Article 80.
Procedures for deprivation in a defined time limit of the right to use
licenses, professional professional practice certificates or terminate
operation in a defined time limit

1. Case of deprivation of the
right to use licenses, professional professional practice certificates in a
defined time limit indicated in sanctioning decision, persons with sanction
competence shall collect and keep licenses, professional professional practice
certificates and notify immediately to agencies have issued licenses,
professional professional practice certificates threof. When ending time limit
of deprivation of the right to use licenses, professional professional practice
certificates indicated in sanctioning decision, persons with sanction
competence shall hand over licenses, professional professional practice
certificates to individuals, organizations have been deprived those licenses,
professional professional practice certificates.

2. Case of termination in a
defined time limit, violating individuals or organizations must stop
immediately a part of or entire activities on production, business, service or
other activities indicated in sanctioning decision.

3. In time of deprivation of the
right to use licenses, professional professional practice certificates or
termination of activities in a defined time limit, facilities doing in
production, business, and service are not permitted to execute activities
indicated in sanctioning decision.

4. For cases specified in clause 1
and clause 2 of this Article, if facilities doing in production, business,
service have actual capacity causing consequences to human life and health,
environment, the competent person must notify in writing on deprivation of the
right to use licenses, professional professional practice certificates or
termination of activities in a defined time limit to relevant agencies.

5. If detecting licenses,
professional professional practice certificates granted ultra vires or contain
illegal contents, the persons with sanctioning competence must perform
withdrawal immediately intra vires, and must notify in writing to agencies
which have granted those licenses, professional professional practice
certificates; in case not under competence to withdraw, those persons must
report to competent agencies for settlement.

Article 81.
procedures for confiscation of material evidences and/or means of
administrative violations

1. When confiscating material
evidences and/or means of administrative violations as prescribed in Article 26
of this Law, the persons with sanctioning competence must make the record
thereof. In the record must clearly indicate name, quantity, category,
registration number (if any), conditions, quality of confiscated articles,
money, goods, and/or means means of administrative violations and must have
signature of person performing confiscation, sanctioned persons or
representative of sanctioned organizations and the witnesses; if sanctioned
persons or representative of sanctioned organizations are not absent, there must be two witnesses. For material evidences and
means of administrative violations which need seal, the sealing must be carried
out in front of the sanctioned persons or the representatives of the sanctioned
organizations or the witnesses. The sealing must be recorded.

For temporary seized material
evidences and means of administrative violations, when realizing that
conditions of material evidences and means change comparing to time issuing
decision on custody, persons with sanctioning competence must make record on
these changes; the record must have signatures of the person making record,
person in charge of custody and the witnesses.

2. The confiscated material
evidences and/or means of administrative violations must be managed and
preserved under regulation of the Goverment.

Article 82.
Handling the confiscated material evidences and/or means of administrative
violations

1. The confiscated material
evidences and/or means of administrative violations shall be handled as
follows:

a) For material evidences of
administrative violations being Vietnam money, foreign currency, certificates of
value, gold, silver, jewels, precious metals, they must be remitted into the
State budget;

b) For papers, material, documents
relating to material evidences and/or means used to commit administrative
violations, they shall be transfer to agencies in charge of managing, using
assets as prescribed in point d of this clause.

c) For material evidences and/or
means used to commit administrative violations as drug, weapon, explosives,
support tools, objects with history value, cultural value, national treasures,
antiques, precious forestry product, objects being prohibited circulation and
other assets, they shall be transfer to specialized state management agencies
in order to manage, handle as prescribed by law;

d) For material evidences and/or
means used to commit administrative violations which are transfered to state
agencies for management and use under decision of competent authorities, agency
having issued decision on confiscation shall assume the prime responsibility
for, and coordinate with financial agency to organize transfer to state agency
for management, use;

dd) For material evidences and/or
means used to commit administrative violations which are confiscated not in
cases specified in points a, b, c and d of this clause, hiring a professional
auction organization in local of central-affiliated cities and provinces where
happen violation act in order to implement auction; if fail to hire an auction
organization, establishing a council for auction.

Auction of confiscated material
evidences and/or means of administrative violations shall be implement under
regulation of law on auction;

e) For confiscated material
evidences and/or means of administrative violations which are useless or cannot
to auction, agencies of competent persons having issued decision on
confiscation must establish a handling council including relevant state
agencies. Handling the confiscated material evidences and/or means of
administrative violations must be made record with signatures of members of
handling council. Methods, orders of, procedures for handling assets are
implemented as prescribed by law on managing, using state assets.

2. Procedures for handling the
confiscated material evidences and/or means of administrative violations
specified in clause 1 of this Article shall be implemented as follows:

a) For cases specified in points
a, b, c and d clause 1 of this Article, agency deciding confiscation shall make
record of submitting, transferring material evidences and/or means. Handing
over and receiving material evidences and/or means of administrative violations
as prescribed in points a, b, c and d clause 1 of this Article must be
implemented as prescribed by law on managing, using state assets;

b) For cases specified in point d
clause 1 of this Article, the reserve price of auctioned asset when doing
procedures for transfer shall be defined under Article 60 of this Law. If value
of material evidences and/or means of administrative violations which has been
defined, changes at time point of transfer, agency issuing decision on
confiscation of material evidences and/or means of administrative violations
shall decide establishments of council for evaluation of assets before doing
procedures of transfer. Members of evaluation council as prescribed in clause 3
Article 60 of this Law.

3. Within 30 days, as from the day
of decision on confiscation of material evidences and/or means of
administrative violations, competent agencies must handle as prescribed in
clause 1 of this Article. If passing this time limit, but not implement, the
competent agencies shall be responsible before law.

4. Expenses for warehousing, yards
and preservation of confiscated material evidences and means of administrative
violations, charge of auction and other expenses compliable with law provisions
shall be subtracted from the proceeds from the sale of confiscated material
evidences and/or means of administrative violations.

The proceeds from the sale of
confiscated material evidences and/or means of administrative violations after
subtracting expenses as prescribed in this clause and compliable with law provisions,
must be remit into the State budget.

Article 83.
Management of the proceeds from sanctioning administrative violations, vouchers
of collection, remittance of fines

1. The proceeds from sanctioning
administrative violations include paid amount for administrative violation;
paid amount due to late execution of decision on fines; amounts from sale,
liquidation of the confiscated material evidences and/or means of
administrative violations and other amounts.

2. All the proceeds from
sanctioning administrative violations must be remitted in the State budget and
be managed, used in accordance with provisions of law on the State budget.

Vouchers of collection, remittance
of fines shall be managed under redulations of Government.

Article 84.
Procedures for expulsion

1. Decision on expulsion must be
notified before implementation to the Ministry of Foreign Affairs, the
diplomatic mission, consular post of country of which person expelled is
citizen or of country where that person have been resident before coming
Vietnam.

2. The competent Police offices shall organize implementation of decision on expulsion, apply
preventive measures and ensure handling administrative violations specified in
Chapter I fourth part of this Law.

Article 85. Implementation
of remedial measures

1. Time limit for implementation
of remedial measures is performed under the decision on sanctioning
administration violation or decision on applying remedial measures as
prescribed in point b, clause 2, Article 28 of this Law.

2. Individuals, organizations
conducting administrative violation shall implement remedial measures indicated
in decision as prescribed by law and be liable to all expenses for
implementation of those remedial measures.

3. The person having competence
for issuance of decision shall monitor, expedite and inspect implementation of
remedial measures being performed by individuals, organizations.

4. If fail to define subject of
administrative violation as prescribed in clause 2 Article 65 of this Law or
individual is die, lost or organizations is dissolved, bankrupt and having no
organization receiving transfer of rights and obligations as prescribed in
Article 75 of this Law, agencies where person having competence of sanction and
handling dossier of administrative violation must organize implementation of
remedial measures specified in clause 1, Article 28 of this Law.

Expenses for implementation of
remedial measures which agency of person having competence for sanction issue
decision for implementation are taken from reserve budget source allocated to
that agency.

5. In emergency case, which needs
overcome immediately consequence in order to protect environment, ensure
traffic, agencies where person having competence of sanction and handling
dossier of administrative violation shall organize implementation of remedial
measures. Individuals, organizations committing administrative violation must
repay expenditure to agencies having implemented remedial measures, if not
repay, they shall be forced for implementation.

Section 3.
COERCIVE EXECUTION OF DECISIONS SANCTIONING ADMINISTRATIVE VIOLATIONS

Article 86.
Coercive execution of decisions sanctioning administrative violations

1. Ccoercive execution of
decisions sanctioning administrative violations is applied in case individuals,
organizations sanctioned administrative violation fail to voluntarily execute
the sanctioning decision as prescribed in Article 73 of this Article.

2. The coercive measures include:

a) Deducting part of wages or
income, deducting money from bank accounts of violating individuals,
organizations;

b) Distraining assets with value
corresponding to the fine amount for auction;

c) Collecting money, assets of
subjects forced for execution of decision on sanctioning administrative violation
which are kept by other individuals, organizations if after violating,
individuals, organizations deliberately disperse their assets.

d) Forcible application of
remedial measures specified in clause 1 Article 28 of this Law.

3. The Government shall prescribe
in details coercive execution of decisions sanctioning administrative
violations.

Article 87.
Competence to decide enforcement

1. The following persons having
competent to issue decision on enforcement.

a) President of People’s Committee
at levels;

b) The police post chiefs,
district-level police chiefs, directors of Fire-Fighting Police Bureaus,
directors of provincial police departments, director general of the Department
of Internal Political Security, director general of the Department of Economic
Security, director general of Department of Cultural and Ideology Security,
director general of Deparment of Information Security, director general of the
Police Department for Administrative Management of Social Order, director
general of the Police Department for Investigating Crimes on Social Order,
director general of the Police Department for Investigating Crimes on Economic
and Position Management Order, director general of the Police Department for
Investigating Drug-related Crimes, director general of the Traffic Police
Department for roadway, railway, director general of the Waterway Police
Department, director general of the Police Department for Fire-fighting,
Salvage and Rescue, director general of the Exit and Entry Management
Department, director general of the Police Department for Justice Protection
and Support, director general of the Police Department for Prevention and
Combat of Environmental Crimes, director general of the Police Department for
Prevention and Combat of Crimes Using Hi-tech;

c) Border Post chiefs, Border
Guard Commanders of the Border-gate, Port, provincial-level Border Guard
Commanders, Commanders of the Border Guard Fleets under the Border Guard
Command; Coast Guard region commanders, director of the Coast Guard Department;

d) Customs Sub-Department heads,
directors of provincial, inter-provincial Customs Deparment, directors of
Post-Clearance Examination Department, directors of Anti-Smuggling
Investigation Department under the General Department of Customs, director
general of the General Department of Customs;

dd) Directors of the Ranger
Sub-Departments, directors of the Ranger Departments;

e) Directors of taxation
sub-department, directors of taxation department, director general of Taxation
General Department;

g) Directors of Market Management
sub-Department, directors of Market Management Department;

h) Director of the Overseas
Laborers Management Department, the heads of diplomatic missions, consular
posts, other agencies authorized to implement consular function of Vietnam
overseas

i) The titles specified in clauses
2,3 and 4 Article 46 of this Law;

k) Directors of Maritime Port
Authorities, directors of Inland River Port Authorities, Director of Airport
Authorities;

l) The court presidents of
district-lavel People’s Courts, court presidents of provincial People’s Courts,
court presidents of regional Miliatry Courts, court presidents of Military Zone
and equivalent Courts, presidents of specialized Courts of Supreme People’s
Court; directors of Civil Judgment-Executing sub-departments, directors of
Civil Judgment-Executing Departments, heads of the judgment executing bureaus
of the military zone or equivalent level, director general of Civil
Judgment-Executing general department.

2. The enforcement competent persons
specified in clause 1 of this Article may delegate for their deputies. The
delegating is just performed when the leaders being absent and must be
presented in writing, in which clearly defining the delegated scope, content,
time limit. The deputies being delegated must be responsible for their
decisions before the leaders and before the law. The delegated persons are not
allowed to further delegate or authorize for any other individual.

Article 88.
Execution of coercive decision

1. Persons issuing coercive
decisions shall immediately send coercive decisions to relevant individuals,
organizations and implement the coercive execution for sanctioning decision of
their own and their subordinates.

2. Individuals, organizations
receiving the coercive decisions must strictly comply with coercive decisions
and be liable to all expenses on implemenetation of coercive measures.

3. The responsibilities of
agencies, organizations in coordination to implement coercive decisions:

a) The relevant individuals,
organizations have obligation to coordinate with the persons having competence
issuing coercive decisions to deploy measures aiming to implement coercive
decisions;

b) The People Police Forces shall
ensure order and safety in process of execution of coercive decisions of the
President of the People’s Committee at the same level or coercive decisions or
other state agencies as required;

c) The credit institutions where
opening accounts of individuals, organizations being forced for execution must
retain in accounts of those individuals, organizations an amount equivalent to
the payable amount of individuals, organizations at the request of persons
having competence to issue coercive decisions. If balance in deposit account is
less than the amount which individuals, organizations being forced to pay,
credit institutions still must retain and deduct to remit that amount. Within
05 working days before deducting and remitting, credit institutions shall
notify to individuals, organizations being forced, deducting and remitting do
not need their agreement.

The third
part

APPLICATION OF
ADMINISTRATIVE HANDLING MEASURES

Chapter I

THE
ADMINISTRATIVE HANDLING MEASURES

Article 89.
The measure of education at communes, wards, district towns

1. Education at communes, wards,
district towns means administrative handling measure applied to subjects
specified in Article 90 of this Article in order to educate, manage them at
residence in case it is not necessary to isolate them from community.

2. The time limit for application
of measure of education at communes, wards, district towns is between 03 months
and 06 months.

Article 90.
Subjects of application of measure of education at communes, wards, district
towns

1. Persons aged between full 12
and under 14 who have intentionally committed acts with signs of very serious
crimes prescribed in the Penal Code.

2. Persons aged between full 14
and under 16 who have intentionally committed acts with signs of serious crimes
prescribed in the Penal Code.

3. Persons aged between full 14
and under 18, 02 times or more within 06 months, having committed acts of petty
theft, petty swindle, petty gambling, causing public disorder, but not liable
to criminal prosecutions.

4. Drug addicts aged full 18 or
older, and having given stable residence places.

5. Persons aged full 18 or older,
who have committed acts violating assets of agencies, organizations, assets,
health, honor, dignity of citizens or foreigners, violating order, social
security with 02 times or more in 06 months but not liable to criminal
prosecutions.

6. The persons specified in clause
1, 2 and 3 of this Article but having no stable residence, shall be hand over
social relief establishments or children assitance establishments in order to
manage, educate in time limit of execution of measure of education at communes,
wards, district towns.

Article 91.
Measure of sending to reformatories

1. The sending to reformatories
means a administrative handling measure applying to persons committing acts
violating law specified in Article 92 of this Law aiming to help them to follow
general education, apprentice, labor and have living activities under
management and education of school

2. The time limit for application
of measure sending to reformatory is between 06 months and 24 months.

Article 92.
Subjects of application of measure sending to reformatories

1. Persons aged between full 12
and under 14 who have intentionally committed acts with signs of special
serious crimes prescribed in the Penal Code.

2. Persons aged between full 14
and under 16 who have unintentionally committed acts with signs of very serious
crimes prescribed in the Penal Code.

3. Persons aged between full 14
and under 16 who have intentionally committed acts with signs of serious crimes
prescribed in the Penal Code and had previously been subject to the
application of measure of education at communes, wards or district towns.

4. Persons aged between full 14
and under 18, 02 times or more within 06 months, having committed acts of petty
theft, petty swindle, petty gambling, causing public disorder, but not liable
to criminal prosecutions and had previously been subject to the application of
measure of education at communes, wards or district towns.

5. Not applying measure sending to
reformatories for the following cases:

a) Persons having no
administrative liability capacity;

b) Pregnant women with certificate
of hospital;

c) Being woman or sole person
nurturing children under 36 months old certified by commune People’s Committee
where that person is resident.

Article 93.
Measure of sending to compulsory education establishments

1. The sending to compulsory
education establishments means the administrative handling measure applied to
person committing acts violating law specified in Article 94 of this Law in
order to labor, follow general education, apprentice and have living activities
under management of compulsory education establishments.

2. The time limit for application
of measure sending to compulsory education establishments is between 06 months
and 24 months.

Article 94.
Subjects of application of measure sending to compulsory education
establishments

1. Subjects to whom the measure of
sending to compulsory education establishments shall apply are persons who have
committed acts of infringing upon the properties of domestic or foreign
organizations, the properties, health, honor and/or dignity of citizens or
foreigners, breaking social order and safety regularly, with 02 times or more
in 06 months but not to the extent of being examined for penal liability, and
who have been subject to the application of measure of education at communes,
wards or district towns or not yet subject to the application of this measure
but have no stable residence places.

2. Not applying measure sending to
compulsory education establishments for the following cases:

a) Persons having no
administrative liability capacity;

b) Persons under 18 years old;

c) Women of over 55 and men of
over 60 years old;

d) Pregnant women with certificate
of hospital;

e) Being woman or sole person
nurturing children under 36 months old certified by commune People’s Committee
where that person is resident.

Article 95.
Measure of sending to compulsory detoxification establishments

1. The sending to compulsory
detoxification establishments means the administrative handling measure
applied to person committing acts violating law specified in Article 96 of this
Law in order to be medical treated, labor, follow general education, apprentice
under management of compulsory detoxification establishments.

2. The time limit for application
of measure sending to compulsory detoxification establishments is between 12
months and 24 months.

Article 96.
Subjects of application of measure sending to compulsory detoxification
establishments

1. Subjects of application of
measure sending to compulsory detoxification establishments are Drug addicts
aged full 18 or older having been subject to the application of measure of
education at communes, wards or district towns but still addicted or not yet
been subject to the application of this measure but have no stable residence
places.

2. Not applying measure sending to
compulsory detoxification establishments for the following cases:

a) Persons having no
administrative liability capacity;

b) Pregnant women with certificate
of hospital;

c) Being woman or sole person
nurturing children under 36 months old certified by commune People’s Committee
where that person is resident.

Chapter II

PROCEDURES FOR
COMPILATION OF DOSSIERS PROPOSING TO APPLY ADMINISTRATIVE HANDLING MEASURES

Article 97.
Compilation of dossier proposing to apply measure of education at communes,
wards, district towns

1. The commune-level police chiefs
of place where the violators are subjects specified in Article 90 of this Law
are resident or place where they have acts violating law, shall decide on
application of measure of education at communes, wards or district townships on
their own or at the request of The commune-level Fatherland Front Committee
presidents or representatives of agencies, organizations, residential units at
grassroots.

2. In case the violators are
directly detected, investigated, handled by district Police agencies or
provincial Police in cases of violating law, but not liable to criminal
prosecutions and in subjects specified in Article 90 of this Law, the Police
agencies

3. Application dossier comprises
curriculum vitae, the documents on law offenses committed by such person,
medical record (if any), statement of violator and other related documents.

For minors who are considered to
apply measure of education at communes, wards, district towns, the dossier must
have remarks of schools, agencies, organizations where minors studying, working
(if any), comments of his/her parents or guardian.

4. After finishing the application
dossier specified in clauses 1,2 and 3 of this Article, agencies have made
dossiers must send them to commune-level the Presidents of the People’s
Committee, and notify to person subject to such application. For minors,
compilation of such dossiers shall be notified to his/her parents or guardian.
These persons are entitled to read dossier and take necessary content record
within 05 days, after receiving notification.

Article 98.
Decision on application of measure of education at communes, wards, district
towns

1. Within 15 days, after receiving
dossier proposing for application of measure of education at communes, wards,
district towns, the commune-level Presidents of the People’s Committee assign
civil status-judicial officer to examine dossier and organize a consulting
meeting.

The commune-level President of the
People’s Committee shall assume the prime responsibility for the consulting
meeting with participation of chieft of commune-level police officer, civil
status-judicial officer, the representatives of Fatherland Front Committee and
some relevant social organizations at same level, local residents. The person
subject to application of measure of education at communes, wards, district
towns and his/her parents or guardian must be invited to take part in the
meeting and express their opinions on measure application.

2. Within 03 days, after ending
the consulting meeting specified in clause 1 of this Article, the commune-level
Presidents of the People’s Committee shall consider to decide application of
measure of education at communes, wards, and district towns. Depending on each
subjects, the commune-level Presidents of the People’s Committee shall decide
on handing the persons need be educated to agencies, organizations, their
family for management and education; in case subjects have no stable residence,
the social relief establishments or children assistance establishments shall be
handed for management and education.

3. Decision on application of
measure on education at communes, wards, district towns must clearly state the
dates of issuance; the full name and positions of the decision issuers; the
full names, date of birth and residence of the persons subject to education ,
the acts of law violation committed by such persons; clauses of legal documents
to be applied, places where the violations are committed; the time limits for
application, the date of execution; duties of agencies, organizations,family
handed for education, management of persons subject to education ; rights to
complaint, initiate lawsuits as prescribed by law.

4. The decision on application of
measure of education at communes, wards, district towns shall take effect since
day of signing and must be immediately sent to the persons subject to education
, his/her family, the commune-level People’s Council and relevant agencies,
organizations.

5. Dossiers of application of
measure of Education at communes, wards, district towns must be filled in book of records
and archived as prescribed by law on archive.

Article 99.
Compilation of dossier proposing for application of measure sending to
reformatories

1. Compilation of dossier
proposing for application of measure sending to reformatories with respect to
subjects specified in Article 92 of this Law shall be performed as follows:

a) For violators being minors with
stable residence, the commune-level president of People’s Committee where such
persons being resident, shall compile dossier proposing for application of
measure sending to reformatories.

The proposal dossier comprises
curriculum vitae, the documents on law offenses committed by violator,
education measures have been applied; statement of violator, comments of
his/her parents or legal representatives, comments of school, agency,
organization where the minor studying or working (if any) and other related
documents;

b) For violators being minors
without stable residence, the commune-level president of People’s Committee
where such persons committing acts violating law, shall compile dossier
proposing for application of measure sending to reformatories.

The proposal dossier comprises
record of offenses; curriculum vitae; documents on law offenses committed by
violator, the extracts of previous judgments, previous incidents; education
measures have been applied (if any); statement of violator, comments of his/her
parents or legal representatives;

c) The commune-level police office
shall help the President of the People’s Committee at same level to collect
documents and compile the proposing dossier specified in point a and point b
clause 1 of this Article.

2. In case the violator being
minor who is directly detected, investigated, handled by district or
provincial-level Police in cases of violating law, but not liable to criminal
prosecutions and in subjects specified sending to reformatories as prescribed
in Article 92 of this Law, the Police agency handling cases shall verify,
gather documents and compile dossier proposing for application of measure
sending to reformatories with respect to such person.

The proposal dossier comprises
curriculum vitae; documents on law offenses committed by violator, education
measures have been applied, statement of violator, comments of his/her parents
or legal representatives;

3. After finishing the proposing
dossier compilation specified in clauses 1 and 2 of this Article, agencies have
made dossiers must notify to person being proposed for application, his/her
parents or legal representatives about dossier compilation. These persons are
entitled to read dossier and take necessary content record within 05 days,
after receiving notification. After the applied person, his/her parents or
legal representatives have read dossier, dossier shall be sent to the head of district-level
Justice division.

Within 05 days, after receiving
dossier, the head of district-level Justice Division shall examine legality of
dossier and send it to the police head at same level.

Article 100.
Consideration, decision for transferring dossier and proposing the
district-level People’s Court for application of measure sending to
reformatories

1. Within 07 days, after receiving
dossier specified in Article 99 of this Law, the district-level Police head
shall consider and decide on transferring dossier to suggest the district-level
People’s Court to apply measure sending to reformatories; if dossier is not
sufficient, it shall be re-transferred to agency having compiled to continue
gathering documents for supplement of dossier.

2. The dossier proposing the
district-level People’s Court for consideration and decision on application of
measure sending to reformatories comprises:

a) Dossier proposing for
application of measure sending to reformatories specified in Article 99 of this
Law;

b) A written document of the
district-level Police head on proposing for consideration on application of
measure sending to reformatories.

3. Dossiers proposing application
of measure sending to reformatories must be filled in book of records and
archived as prescribed by law on archive.

Article 101.
Compilation of dossier proposing application of measure sending to compulsory
education establishments

1. Compilation of dossier
proposing for application of measure sending to compulsory education
establishments with respect to subjects specified in Article 94 of this Law
shall be performed as follows:

a) For violators with stable
residence, the commune-level president of People’s Committee where such persons
being resident, shall compile dossier proposing for application of measure
sending to compulsory education establishment.

The proposal dossier comprises
curriculum vitae; documents on law offenses committed by violator, education measures have been applied, statement of violator or his/her legal
representatives and other related documents;

b) For persons who are not
resident in place acts of law violation have been committed, the commune-level
President of the People’s Committee must verify; if residence is defined, such
persons shall be transfer enclosed with violation record to his/her local for
handling; if residence is not defined, such persons shall be compiled dossier
proposing application of measure sending to compulsory education establishment.

The proposal dossier comprises
record of offenses; curriculum vitae; documents on law offenses committed by
violator, the extracts of previous judgments, previous incidents; education
measures have beed applied (if any); statement of violator or his/her legal
representatives;

c) The commune-level police office
shall help the President of the People’s Committee at same level to gather
documents and compile the proposing dossier specified in point a and point b
clause 1 of this Article.

2. In case the violator being
directly detected, investigated, handled by district or provincial-level Police
in cases of violating law, but not liable to criminal prosecutions and in
subjects spending to compulsory education establishments
as prescribed in Article 94 of this Law, the Police agency handling cases shall
verify, gather documents and compile dossier proposing for application of
measure sending to compulsory education establishments with respect to such
person.

The proposal dossier comprises
curriculum vitae; documents on law offenses committed by violator, education
measures have been applied, statement of violator or his/her legal
representatives;

3. After finishing the
proposing-dossier compilation specified in clauses 1 and 2 of this Article,
agency has made dossiers must notify to person being proposed for application
or legal representatives about dossier compilation. These persons are entitled
to read dossier and take necessary content record within 05 days, after
receiving notification. After the apllied persons or their representatives have
read dossier, dossier shall be send to the head of district-level Justice
division.

Within 05 days, after receiving
dossier, the head of district-level Justice Division shall examine legality of
dossier and send it to the police head at same level.

Article 102.
Consideration, decision for transferring dossier and proposing the
district-level People’s Court for application of measure sending to compulsory
education establishments

1. Within 07 days, after receiving
dossier specified in Article 101 and 118 of this Law, the district-level Police
head shall decide on transferring dossier to suggest the district-level
People’s Court to apply measure sending to compulsory education establishment;
if dossier is not sufficient, it shall be re-transferred to agency having
compiled to continue gathering documents for supplement of dossier.

2. The dossier proposing the
district-level People’s Court for consideration and decision on application of
measure sending to compulsory education establishments comprises:

a) Dossier proposing for
application of measure sending to compulsory education establishments specified
in Article 101 and 118 of this Law;

b) A written document of the
district-level Police head on proposing for consideration on application of
measure sending to compulsory education establishment.

3. Dossiers proposing application
of measure sending to compulsory education establishments must be filled in
book of records and archived as prescribed by law on archive.

Article 103.
Compilation of dossier proposing application of measure sending to compulsory
detoxification establishments

1. Compilation of dossier
proposing for application of measure sending to compulsory detoxification
establishments with respect to drug addicts specified in Article 96 of this Law
shall be performed as follows:

a) For drug addicts with stable
residence, the commune-level president of People’s Committee where such persons
being resident, shall compile dossier proposing for application of measure
sending to compulsory detoxification establishment.

The proposal dossier comprises
curriculum vitae; documents proving the current drug addiction of such person,
documents proving such person have been applied measure of education at
communes, wards, district towns on act of drug addiction, statement of the
violator or legal representatives and other related documents;

b) For drug addicts who are not
resident in place acts of law violation have been committed by them, the
commune-level President of People’s Committee must verify; if residence is
defined, such persons shall be transfer enclosed with violation record to
his/her local for handling; if residence is not defined, such persons shall be
compiled dossier proposing application of measure sending to compulsory
detoxification establishment.

The proposal dossier comprises
violation record, curriculum vitae; documents proving the current drug
addiction of such person, documents proving such person have been applied
measure of education at communes, wards, district towns on act of drug
addiction, statement of the drug addicts;

c) The commune-level police office
shall help the President of the People’s Committee at same level to gather
documents and compile the proposing dossier specified in clause 1 and clause 2
of this Article.

2. In case the violating drug
addicts who is directly detected, investigated, handled by district or
provincial-level Police in cases of violating law, are subjects sending to
compulsory detoxification establishments as prescribed in Article 96 of this
Law, the Police agency handling cases shall verify, gather documents and
compile dossier proposing for application of measure sending to compulsory
detoxification establishments with respect to such person.

The proposal dossier comprises curriculum
vitae; documents proving the current drug addiction of such person, documents
proving such person have been applied measure of education at communes, wards,
district towns on act of drug addiction, statement of the violator or legal
representatives;

3. After finishing the
proposing-dossier compilation specified in clauses 1 and 2 of this Article,
agency has made dossiers must notify to person being proposed for application
or his/her legal representatives about dossier compilation. These persons are
entitled to read dossier and take necessary content record within 05 days,
after receiving notification. After the applied person or his/her legal
representatives have read dossier, dossier shall be sent to the head of
district-level Justice division.

Within 05 days, after receiving
dossier, the head of district-level Justice Division shall examine legality of
dossier and send it to the head of Labour, War Invalids and Social Affairs
division at same level.

Article 104.
Consideration, decision for transferring dossier and proposing the
district-level People’s Court for application of measure sending to compulsory
detoxification establishments

1. Within 07 days, after receiving
dossier specified in Article 103 of this Law, the head of Labour, War Invalids and
Social Affairs division shall decide on transferring dossier to suggest the
district-level People’s Court to apply measure sending to compulsory
detoxification establishment; if dossier is not sufficient, it shall be
re-turned to agency having compiled to continue gathering documents for
supplement of dossier.

2. The dossier proposing the
district-level People’s Court for consideration and decision on application of
measure sending to compulsory detoxification establishments comprises:

a) Dossier proposing for
application of measure sending to compulsory detoxification establishments
specified in Article 103 of this Law;

b) A written document of the head
of Labour, War Invalids and Social Affairs division on proposing for
consideration on application of measure sending to compulsory detoxification
establishment.

3. Dossiers proposing application
of measure sending to compulsory detoxification establishments must be filled
in book of records and archived as prescribed by law on archive.

Chapter III

AUTHORITIES,
PROCEDURES FOR CONSIDERATION, DECISION ON APPLICATION OF ADMINISTRATIVE
HANDLING MEASURES

Article 105.
Authorities for decision on application of administrative handling measures

1. The Presidents of commune-level
People’s Committee have authorities for decision on application of measure of
education at communes, wards, district towns.

2. The district-level People’s
Courts have authorities for decision on application of measure sending to
reformatories, sending to compulsory education establishment, sending to
compulsory detoxification establishment.

Article 106.
Orders of, procedures for consideration, decision on application of
administrative handling measures

The National Assembly Standing
Committee shall prescribe order of and procedures for People’s Courts in
consideration and decision on application of measure sending to reformatories,
sending to compulsory education establishment, sending to compulsory
detoxification establishment.

Chapter IV

EXECUTION OF
DECISION ON APPLICATION OF ADMINISTRATIVE HANDLING MEASURES

Article 107.
Sending decision on application of measure sending to reformatories, sending to
compulsory education establishments and sending to compulsory detoxification
establishments for execution

Within 03 days, since the decision
on application of administrative handling measure takes effect, People’s Court
having issued decision must send to the applied person, the district-level
police head and head of district-level Labour, War Invalids and Social Affairs
division where sending dossier proposing for application of administrative
handling measure, the commune-level People’s Committee where such person
resideand relevant agencies for implementation as prescribed by law; decision
on application of measure sending to reformatories is sent to his/her parents
or legal representatives.

Article 108.
The statute of limitations for execution of decision on application of
administrative handling measures

1. Decision on application of
measure of education at communes, wards, district towns and decision on
application of measure sending to reformatories are expired after 06 months,
since decisions take effect.

2. Decisions on application of
measure sending to compulsory eductational establishments and decisions on
application of measure sending to compulsory detoxification establishments are
expired after 01 year, since decisions take effect.

3. In case person having to
execute decision deliberately evade execution, statute of limitations specified
in clause 1 and clause 2 of this Article shall be calculated since act of
evasion is terminated.

Article 109.
Execution of decision on application of measure of education at communes,
wards, district towns

1. After receiving decision on
application of measure of education at communes, wards, district towns,
agencies, organizations being handed education, management shall:

a) To organize implementation of
measure of education at communes, wards, district towns with respect to the
educted person;

b) To assign a person to directly
help the persons subject to education ;

c) To fill in monitoring boor and
periodically report to the President of commune-level People’s Committee on
implementation of decision on education at communes, wards, district towns;

d) To help, encourage the persons
subject to education , and propose to the commune-level People’s Committee for
facilitating for them to find employments.

2. The person assigned to help
must have plans on management, education and assistance for educted perdon and
be enjoyed supportive budget for management, education and assistance as
prescribed by law.

3. The persons subject to
education must commit in writing on servicing decision on education at
communes, wards, district towns;

4. Families of persons subject to
education are responsible for strict coordination with person assigned to help
in managing and educating the persons subject to education.

Article 110.
Execution of decisions on sending to reformatories, decisions on sending to
compulsory education establishments, decisions on sending to compulsory
detoxification establishments

1. Within 05 days, after receiving
decisions on sending to reformatories, decisions on sending to compulsory
education establishments or decisions on sending to compulsory detoxification
establishments, agencies having sent dossier shall organize implementation as
follows:

a) The district-level police
handing person must service decision on sending to reformatories, compulsory
education establishments;

b) The Labour, War Invalids and
Social Affairs division coordinate with district Police handing person to serve
decision on sending to compulsory detoxification establishments.

2. The time limit of execution of
decisions is calculated as from the day of the person who must obey decision is
impounded for sending to reformatories, compulsory educational establishments, or
compulsory detoxification establishments.

3. The Government shall prescribe
in details implementation of decisions on sending to reformatories, decisions
on sending to compulsory educational establishments, decisions on sending to
compulsory detoxification establishments.

Article 111.
Delaying or exemption of execution of decision on sending to reformatories,
compulsory education establishments, compulsory detoxification establishments

1. The persons who must execute
decision but have not sent to reformatories, compulsory educational
establishments, compulsory detoxification establishments, may be delayed
execution of decisions in the following cases:

a) Being seriously sick with certificate of hospital;

b) The family is meeting special
difficulties and certified by president of commune-level People’s Committee
where such person reside.

When condition for delaying
execution of decision no longer exist, the decisions shall continue to be
executed.

2. The persons who must execute
decision but have not sent to reformatories, compulsory educational
establishments, compulsory detoxification establishments, may be exempted for
execution of decisions in the following cases:

a) Getting dangerous sick with
certificate of hospital;

b) In period of delaying execution
of decision specified in clause 1 of this Article, that person has marked
progress in execution of law or record merits or no longer addicted drug;

c) Being pregnant with certificate
of hospital;

3. The district-level People’s
Courts having issued decision on application of measure sending to
reformatories, sending to compulsory education establishments, sending to
compulsory detoxification establishments shall consider, decide on delaying or
exemption of execution on the basis of application of the person who must
execute decision or his/her legal representatives; in necessary case, shall
request agency having sent proposing dossier for opinion before deciding.

Decision on exemption or delaying
execution must be sent to the agency implementing decision, the person who must
execute decision; in case minors being delayed, exempted execution of decision
on sending to reformatories, the decision must be sent to his/her parents or
legal representatives.

Article 112. Reduction of
time limit for, temporary suspension of, or exemption from, serving the
remaining duration in reformatories, compulsory educational establishments,
compulsory detoxification establishments

1. Persons who are serving decisions at reformatories, compulsory
educational establishments, compulsory detoxification establishments and have
served half of their terms, if making marked progress or recording merits,
shall be considered for partly reduction of, or exemption from serving the
remaining duration.

2. Where the persons serving
decisions at reformatories, compulsory educational establishments, compulsory
detoxification establishments are seriously ill and sent back to their families
for treatment, they shall be temporarily suspended from serving the decisions;
the medical treatment duration shall be counted into the decision-serving
duration; if after their recovery from ailment the remaining serving duration
is three months or more, such persons must continue to serve the decisions at
the establishments; if in time of temporary suspension, such person has marked
progress or record merits, shall be considered for exemption from serving the
remaining duration. Persons getting dangerous diseases and pregnant women are
exempt from serving the remaining duration.

3. The district-level People’s
Court where having reformatories, compulsory educational establishments,
compulsory detoxification establishments decide reduction of time limit of,
temporary suspension of, or exemption from serving specified in clause 1 and
clause 2 of this Article on the basis of proposal of principals of the
reformatories, directors of compulsory educational establishments, directors of
compulsory detoxification establishments.

Decision on temporary suspension
of or exemption from serving decision on application of measure sending to
reformatories, sending to compulsory education establishments, sending to
compulsory detoxification establishments shall be sent to People’s Court where
issuing decision, agency having sent the proposing dossier, commune-level
People’s Committee where such person reside, reformatories, compulsory
education establishments, compulsory detoxification establishments, person who
being temporarily suspended or exempted and his/her family.

4. Subjects being serious sick,
getting dangerous sick and fail to define his/her residence in case being
temporarily suspended execution of decision or exempted from execution of
remaining duration specified in clause 2 of this Article, shall be send back
local medical establishments where reformatories, compulsory education
establishments, compulsory detoxification establishments placing headquarters.

Article 113.
Managing persons who are delayed or temporarily suspended execution of decision
on application of measure sending to reformatories, sending to compulsory
education establishment or sending to compulsory detoxification establishment

1. Persons who are delayed or
temporarily suspended execution of decision on application of measure sending
to reformatories, sending to compulsory education establishments or sending to compulsory detoxification establishments have responsibitity for presenting to the commune-level People’s
Committee where they reside.

2. In time being delayed or
temporarily suspended execution of decision on sending to reformatories,
sending to compulsory education establishments, if such person continue
committing acts of law violation which have been handled or there are grounds
for presuming that such person flee, the district-level People’s Court having
issued decision on delaying or temporarily suspended shall cancel such decision
and issue decision on compulsory execution of the decision
on sending to reformatories, decision on sending to compulsory education
establishments.

In time being delayed or
temporarily suspended execution of decision on sending to compulsory
detoxification establishments, if such person continue using drug or there are
grounds for presuming that such person flee, the district-level People’s Court
having issued decision on delaying or temporarily suspended shall cancel such
decision and issue decision on compulsory execution of decision
on sending to compulsory detoxification establishments.

3. Decisions on compulsorily
executing decision on sending to reformatories, sending to compulsory education
establishments or sending to compulsory detoxification establishments and
sending to compulsory detoxification establishments shall be sent to police
agency at same level in local where the People’s Court has been issued
decision. Rightly after receiving decision, the police agency must organize
excorting subjects.

Article 114.
Expiring time limit for execution of decision on application of administrative
handling measures

1. When an violator have executed
decision on education at communes, wards, district towns, the commune-level
president People’s Committee shall issue a certificate for such person and send a copy to his/her family.

2. When an violator have executed
decision on sending to reformatories, sending to compulsory education
establishments, sending to compulsory detoxification establishments, the
principal of reformatory, director of compulsory education establishments,
director of compulsory detoxification establishments shall issue a certificate
for such person and send a copy to his/her family, the district-level People’s
Court where having issued decision, agency managing reformatories, compulsory
education establishments, compulsory detoxification establishments,
commune-level People’s Committee where such person resides.

3. If the subject who fails to
define residence is minor or ill without labor ability, after expiring time
limit for execution of measure on sending to reformatories, sending to
compulsory education establishments, sending to compulsory detoxification
establishments shall be sent to social relief establishments in localities
where reformatories, compulsory education establishments, compulsory
detoxification establishments set headquater.

Chapter V

OTHER
PROVISIONS RELATING TO APPLICATION OF ADMINISTRATIVE HANDLING MEASURES

Article 115. Temporarily
taking person who is executing measure sending to reformatories, sending to
compulsory education establishment or sending to compulsory detoxification
establishment out of the execution place of administrative handling measures at
the request of criminal proceedings agencies

1. At the request of competent
criminal proceedings agencies, principal of reformatory, director of compulsory
education establishment, director of compulsory detoxification establishment
decide on temporarily taking person who is executing administrative handling
measures out of the execution place of such measures in order to take part in
legal proceedings in lawsuits related to such person.

2. The temporary duration of
taking out of the place executing administrative handling measures shall be
counted in the time limit of executing such measure.

Article 116.
Transfering dossiers of subjects be subject to the application of other
administrative handling measures with criminal signs for criminal prosecution

1. When considering dossier of
subjects to decide application of administrative handling measures, if deem acts of violations committed by such person with criminal
signs, the competent persons must immediately transfer dossier to the competent
criminal proceedings agencies.

2. For cases having issued
decision on application of administrative handling measures, if after that,
detecting acts of violations committed by the persons subject to application
with criminal signs, and statute of limitations of criminal prosecution is not
expired, the President of the People’s Committee or People’s Court having
issued decision on application of administrative handling measures must cancel
such decision and within 03 days, as from the day of canceling decision,
dossier of subject must be transfer to the competent criminal proceedings
agencies.

Where the imprisonment sentence
was imposed by courts, the duration of serving the measures of sending to
reformatories, compulsory education establishments or compulsory detoxification
establishments shall be counted into the duration of serving the imprisonment
penalty. 1.5 days of serving the measure of sending to reformatories, compulsory
education establishments or compulsory detoxification
establishments are calculated as equal to 01 day of serving the imprisonment
sentence

Article 117.
Prosecution of penal liability for criminal acts committed before or during the
time of serving the other administrative handling measures

Where the persons to whom other
administrative handling measures have been applied are detected as having
committed criminal acts before or during the time of serving the decisions
thereon, at the requests of the competent criminal proceeding bodies, the
commune-level president of People’s commitee where executing measures of
education at communes, wards, district towns or principals of reformatories,
directors of compulsory education establishments, directors of compulsory
detoxification establishments must issue decisions to temporarily suspend the
execution of decisions against such persons and transfer their dossiers to the
criminal proceeding bodies; where such persons have been sentenced to
imprisonment by courts, they shall be exempt from serving the remaining
duration in the decisions on the application of other administrative handling
measures; if the applied penalties are not the imprisonment penalty, those
persons shall possibly have to continue serving the decisions on application of
other administrative handling measures.

Article 118.
Handling cases where a person is subject to both the sending into an compulsory
education establishment and the sending into a compulsory detoxification
establishment

1. In cases where a person has
committed law violation acts, being subject to the sending into compulsory
education establishment and also to compulsory detoxification establishment,
the competent body shall only apply the measure of sending him/her into a
compulsory detoxification establishment.

2. A drug addict who is classified
as a dangerous gangster shall be confined to a compulsory educational
establishment. The compulsory education establishment shall also help detoxify
drug addicts.

3. In the period of detoxification
and rehabilitation, lf persons who are staying in a compulsory detoxification
establishment commit acts in violation of provisions in Article 94 of this Law,
they shall be confined to an educational establishment.

Directors of compulsory
detoxification establishments shall compile dossiers of proposal to confine to
a compulsory educational establishment for persons who commit acts specified in
paragraph 1 of this clause on the basis of their existing dossiers and records
of new acts of violations and send them to district-level Police head where has
compulsory educational establishment. The district-level Police head shall take
opinion of head of Justice Division about legality of dossier before
considering and sending dossier proposing People’s Court where having the
compulsory detoxification establishment for decision on application of measure
sendng to compulsory detoxification establishment

The procedures for consideration
and application of measure sending to the compulsory educational establishment
for this subject shall comply with regulation of law.

The forth
part

THE MEASURES TO
PREVENT ADMINISTRATIVE VIOLATIONS AND ENSURE THE HANDLING THEREOF

Chapter I

GENERAL
PROVISION ON THE MEASURES TO PREVENT ADMINISTRATIVE VIOLATIONS AND ENSURE THE
HANDLING THEREOF

Article 119.
The measures to prevent administrative violations and ensure the handling
thereof

In case need timely prevent
administrative violations or in order to ensure the handling of administrative
violations, the competent persons may apply the following measures according to
administrative procedures:

1. Custody of involved persons;

2. Escorting the violator;

3. Custody of material evidences
and/or means of the administrative violations, permits, or professional practice certificates;

4. Body search;

5. Inspection of transport means
and objects;

6. Search of places where material
evidences and/or means of administrative violations are hidden;

7. Management of foreigners who
have violated Vietnamese law while the expulsion procedures are carried out;

8. Assigning family, organization
to manage the person who is proposed to apply the administrative handling
measures while the procedures for application of administrative handling
measures are carried out;

9. Hunting for subjects who have
to serve decisions on sending to reformatories, compulsory education
establishments or compulsory detoxification establishments if they escape.

Article 120.
The application principles of measures to prevent administrative violations and
ensure the handling thereof

1. When applying measures to
prevent administrative violations and ensure the handling thereof, the
competent persons must strictly obey by provisions on artices from 120 to 132
of this Law, if violating, they shall be handled as prescribed by law.

2. Just applying measures to
prevent administrative violations and ensure the handling thereof in necessary
cases as prescribed in Chapter II of this part.

3. The person who issuring
decision on applying measures to prevent administrative violations and ensure
the handling thereof, must be responsible for his/her decision.

4. Using weapon, supporting tools
in application of measures to prevent administrative violations and ensure the
handling thereof, must be comply with provisions of law.

Article 121.
The cancellation or replacement of measures to prevent administrative
violations and ensure the handling thereof

1. In case application of measures
to prevent administrative violations and ensure the handling thereof is not
conformable to purpose and application condition as prescribed by this Law, the
decision on application of such measure must be cancelled.

2. The persons who have authority
to decide application of measures to prevent administrative violations and
ensure the handling thereof shall decide cancellation of measures to prevent
administrative violations when such measures are not neccesary or replace them
by other an other measures to prevent administrative violations.

Chapter II

THE AUTHORITIES
OF AND PROCEDURES FOR APPLICATION OF MEASURES TO PREVENT ADMINISTRATIVE
VIOLATIONS AND ENSURE THE HANDLING THEREOF

Article 122.
Custody of involved persons according to administrative procedures

1. Custody of involved persons
according to administrative procedures is just applied in cases need prevent,
stop immediately acts causing public disturbance, causing injury to other
persons.

2. All cases of human custody must
be decided in writing and copies of the decisions must be handed over to the
persons subject to custody, each with one copy thereof.

3. The time limit for human
custody according to administrative procedures must not exceed 12 hours; in case
of necessity, the custody time limit can be prolonged but must not exceed 24
hours as from the starting time of custody of the violators;

For persons who violate border
regulations or commit administrative violations in distant, secluded mountain
or island areas, the custody time limit may be longer, but must not exceed 48
hours as from the starting time of custody of the violators;

For the person who be kept on
airplane or ship must transfer immediately to competent agencies when the
airplane landed airport or ship arrived port.

4. At the request of person in
custody, the person issuing decision on custody must notify to his/her family,
organization where working or studying there of. In case custody of minors
committed administrative violations atnoght or custody over 06 hours, the
person issuing decision on custody must notify immediately to their parents or
guardian thereof.

5. The places used for custody
person according to administrative procedures are administrative custody house
or room which is arranged in headoffice of agencies, units where working of
person having authority for issuance of decision on custody of administrative
violation persons. If there is no administrative custody house or room, custody
places may be watchkeeping rooms or other rooms in working place, but must
ensure general provisions.

Agencies with function of
preventing law violations which must regularly keep persons committed
administrative violations in custody need arrange, design and build the
administrative custody houses or private rooms, which need have separate
custody places for minors, woman or foreigners and must have specialized
officers to manage and protect.

For airplanes, ships, trains which
have left out airports, harbors, stations, depending on specific condition and
subjects committed violations, the commanders of airplanes, captains, heads of
train shall decide the custody places and assign person to be in charge of
custody.

6. To strictly prohibite custody
of persons committed administrative violations in criminal custody rooms,
detaining rooms or places not ensure hygien, safety for the person subject to
custody.

7. The Government shall prescribe
custody of involved persons according to administrative procedures.

Article 123.
Authorities of custody of involved persons according to administrative
procedures

1. In cases a person has acts
causing public disturbance, causing injury to other persons specified in clause
1 Article 122 of this Law, the following persons have right to decide custody
of involved persons according to administrative procedures.

a) Presidents of commune-level
People’s Committee, ward police heads;

b) District Police Heads;

c) The heads of the Police Bureaus
for Administrative Management of Social Order, heads of the
Police Bureaus for order, heads of the Police Bureaus
for traffic in roadway, railway, heads of the Police Bureaus
for waterway, heads of the Police Bureaus for
Investigating Drug-related Crimes, heads of Exit and Entry Management Bureaus
under provincial-level Police Department; heads of the Police Bureaus
for Criminal-Judgment Execution and Justice Support, heads of the
Police Bureaus for Prevention and Combat of Environmental
Crimes;

d) Heads of Mobile Police units of
the company or higher level, heads of the Police Stations at border gates;

dd) The heads of the Ranger units,
leaders of the Mobile Ranger teams;

e) The heads of the Customs Sub-
Departments, the leaders of the Control Teams of the Customs Departments, the
leaders of the Anti-Smuggling Inspection Teams and the leaders of the sea
patrol flotillas under the Anti-Smuggling Investigation Department of the
General Department of Customs;

g) The leaders of the Market
Management teams;

h) The commanders of the border
sub-regions, the commanders of the port border-gate, the commanders of the
border fleets, commanders of the border flotillas, the heads of the border
posts and the commanders of the border guard units stationing in border and
island regions;

i) Commanders of the Coast Guard
flotillas, fleets, regional commnaders of coast guard;

k) Airplane or ship captains or
heads of trains when airplanes or ships leave airports or sea ports, stations;

l) The judges chairing the court
sessions.

2. The persons competent to
custody of involved persons specified from a to i clause 1 of this Article may
delegate for their deputies. The delegating is just performed when the leaders
being absent and must be presented in writing, in which clearly defining the
delegated scope, content, time limit. The deputies being delegated must be
responsible for their decisions before the leaders and before the law. The
delegated persons are not allowed to further delegate or authorize for any
other individual.

Article 124.
Escorting the violators

1. If the violators not
voluntarily observe the request of competent persons, they shall be escorted in
the following cases:

a) Being subject to custody of
involved persons according to administrative procedures;

b) Sending back to reformatories,
compulsory education establishments, compulsory detoxification establishments
as prescribed in clause 2, Article 132 of this Law.

2. The competent persons on duty
implement escorting the violators.

3. The Government provides in
details escorting the violators.

Article 125.
Custody of material evidences and/or means of the administrative violations,
permits, professional practice certificates according to administrative
procedures

1. The custody of material
evidences and/or means of the administrative violations, permits, and
professional practice certificates according to administrative procedures are
applied just in the following realy necessary cases:

a) In order to certify facts which if not custody, there shall be not base to issue sanctioning
decision. In case custody for evaluate material evidences of the administrative
violations serve as basic to define the fine bracket, the authority to impose
sanctions, provisions of clause 3, article 60 of this Law shall be applied;

b) In order to prevent immediately
acts of administrative violations which if not custody, may cause serious
consequences for society;

c) In order to ensure execution of
decisions sanctioning administrative violation as prescribed in clause 6 of
this Article.

2. The custody of material
evidences and/or means of the administrative violations specified in clause 1
of this Article must be terminated right after verifying facts as the basis for
deciding sanction, the violation acts no longer cause danger for society or the
sanctioning decision is executed.

In case being allow to pay fines
for many times as prescribed in Article 79 of this Law, after paying fines for
first time, the violator may be receive material evidences and/or means of the
administrative violations subject to custody.

3. The persons competent to apply
sanctions forms of custody of material evidences and/or means of administrative
violations as prescribed in Chapter II, the second Part of this Law shall have
authority to custody of material evidences and/or means used for administrative
violations.

4. In cases there are grounds to
assume that if not custody immediately, material evidences and/or means of
administrative violations may be dispersed, destroyed, the direct heads of
people’s police officers, police members of the Coast Guard, the Border guard
combatants, ranger officers, customer officials, market controllers who are on
official duty must perform immediately custody of material evidences and/or
means of administrative violations. Within 24 hours, after making records, the
record makers must report to their heads who are persons competent to custody
of material evidences and/or means of administrative violations specified in
clause 1 of this Article, in order to consider and issue decision on custody;
for cases material evidences are perishable goods, the persons who are
temporarily keeping goods must report immediately to their heads for
settlement, if let goods be spoiled or lost, they must pay compensation as
prescribed by law. If not issuing decision on custody, material evidences
and/or means of administrative violations subject to custody must be repay back
immediately.

5. The persons who issuing
decision on custody of material evidences and means of administrative
violations, shall preserve such material evidences and means of administrative
violations. In case material evidences and means of administrative violations
are lost, sold, swapped or faulted, their components are lost, replaced, the
person who issuing decision on custody of material evidences and means of
administrative violations, must have responsibility for paying compensation and
handled as prescribed by law.

Where the material evidences
and/or means need to be sealed, the sealing thereof must be conducted
immediately in front of the violators; if the violators are absent, the sealing
must be conducted in front of their families’ representatives, organizations’
representatives, the administrations’ representatives and the witnesses.

The custody of material evidences
and/or means of administrative violations must be effected by written decisions
which must be enclosed with records on the custody and handed over to the
violators or representatives of the violating organizations, each with one copy
thereof.

6. Where the sanctioning form of
fine is applied only to violating individuals or organizations, the persons
with sanctioning competence may temporarily seize one of papers of kinds under
order as follows: the driving licenses or permits for circulation of means or
other necessary relevant papers related to material evidences and/or means of
violations until such individuals or organizations completely execute the
sanctioning decisions. If the violating individuals or organizations do not
have the above-mentioned papers, the persons with sanctioning competence may
temporarily seize the material evidences and/or means of violations, except for
case specified in clause 10 of this Article.

7. The individuals, organizations
violating administrative violations in cases subject to application of forms of
sanctions of depriving the right to use permits, professional practice
certificates may be temporarily seized permits,
professional practice certificates in order to ensure execution of sanctioning
decision. The temporarily seizing permits, professional practice certificates
while issuing decision not influence the use right of permits, professional
practice certificates of such individuals, organizations.

8. The time limit of temporarily
seizing material evidences and/or means of violations, permits, or professional practice certificates is 07 days, after day of temporarily
seizing. The time limit of temporarily seizing may be prolonged for cases with
complex facts, need verify but not exceeding 30 days, as from the days of
temporarily seizing material evidences, permits, professional practice
certificates.

For cases specified in paragraph
2, clause 1, Article 66 of this Law, which need have more time to certify, the
competent persons solving cases must report to their direct heads in writing in
order to request for extension of temporary seize; the extension must presented
in writing, time limit of extension not exceeding 30 days.

The time limit of temporarily
seizing material evidences and/or means of violations, permits, professional
practice certificates is calculated from time point when material evidences
and/or means of violations, permits, professional practice certificates are
temporarily seized in reality.

The time limit of temporarily
seizing material evidences and/or means of violations, permits, professional
practice certificates not exceeding time limit of issuing decision on
sanctioning administrative violations specified in Article 66 of this Law,
except from case specified in point c, clause 1 of this Article.

9. All cases of temporarily
seizing material evidences and/or means of violations, permits, or professional practice certificates must be make records. In records
must indicate name, quantity, kinds, condition of temporarily-seized material
evidences and/or means and must have signatures of the person issuing decision
on custody, of violators; if it fails to define violators, the violators are
absent or do not sign, there must be signatures of 02 witnesses. The record
must be made into 02 copies, the person competent to custody keeps 01 copy, the
violator keeps 01 copy.

10. For means of transport which
have caused administrative violations in cases being seixed in order to ensure
execution of decision on sanctioning administrative violations, if the
violating organizations, individuals have clear address, have condition of yard-storage for preserving means or financial ability
to pay guarantee amounts, they may allow to keep the means of violations under
management of the competent state agencies.

The Government shall prescribe in
details this clause.

Article 126.
The handling of temporarily seized material evidences and/or means, permits,
professional practice certificates according to administrative procedures

1. The person issuing decision on
temporarily custody must handle the seaized material evidences and/or means,
permits, professional practice certificates under record indicated in the
sactioning decision or repay for individuals, organizations if the sanctioning
form of confiscating the custody material evidences and/or means, the
sanctioning form of stripping off the right to use permits, professional
practice certificates are not applied.

For material evidences and/or
means being seized are appropriated, illegally used for administrative
violations in cases being confiscated, they shall be returned for their owners,
managers or legal users. In this case, the violating individuals, organizations
must pay an amount equivalent to value of violation material evidences and/or
means into the State budget.

If the owners, managers, or legal
users have intentional fault in using material evidences and/or means of the
violators as prescribed in Article 26 of this Law, such material evidences
and/or means shall be confiscated in order to remit to the State budget.

2. For temporarily seized material
evidences and/or means, permits, professional practice certificates in order to
ensure execution of sanctioning decision according to clause 6 Article 125 of
this Law, they must be retured for the sanctioned person after finished
execution of sanctioning decision.

3. For material evidences of
administrative violations are perishable goods, products, the person issung
decision on temporarily seizing must immediately sell under market price and
the sale must be made in record. The collected amounts must be sent to a
temporarily-deposit account at State Treasuries. If after that, under decision
of competent persons, such material evidences are confiscated, the collected
amounts must be remitted into the State budget, if such material evidences are
not confiscated, the collected amounts must be returned to the owners,
managers, or legal users.

4. For material evidences, means
of administrative violations which have been over time limit of temporarily
seizing, if the violator does not come to receive them and has no ligetimated
reason or case of failing to define the violator, the person issuing decision
on temporarily seizing must notify on means of mass media and list public at
headquater of agency of the person competent to seizing; within 30 days, after
notifying, and public listing, if the violators does not come to receive, the
competent person must issue decision on confiscating material evidences, means
of administrative violations for handling as prescribed in Article 82 of this
Law.

5. For material evidences, means
of administrative violations which are goods, products causing harmful for
human health, domestic animals, plants and environment, or are harmful cultural
products, they must be destroyed as prescribed in Article 33 of this Law.

6. For narcotics and objects of
types banned from circulation, they shall be confiscated or destroyed as
prescribed in Article 33 and Article 82 of this Law.

7. The person having
impulsorily-seized material evidences, means of administrative violations must
pay onle expenses for warehousing, yard-storage and preservation of material
evidences and means of administrative violations and other expenses in duration
of temporaily seizing material evidences, means of administrative violations as
prescribed in clause 8, Article 125 of this Law.

Not collecting charges of
warehousing, yard-storage and preservation expenses in duration of temporaily
seizing material evidences, means of administrative violations if the owners of
material evidences, means have no fault in administrative violations or when
applying measure of confiscating material evidences, means.

The Government prescribed in
details about charge levels of impulsorily-seizing material evidences, means
specified in Article 125 of this Law.

Article 127.
The body search according to administrative procedures

1. The body search according to
administrative procedures may be implemented only when having grounds for
presuming that the person hiding objects, documents, means used in order to
commit acts of administrative violation in his/her body.

2. The persons specified in clause
1, Article 123 of this Law have right to decide the body search according to
administrative procedures.

In case there are grounds in order
to assume that if not immediately perform search, objects, documents, means
used in order to commit administrative violations shall be dispersed,
destroyed, beside of persons specified in clause 1, Article 123 of this Law,
people’s police officers, members of the CoastGuard operation teams, Border
Guard combatants, ranger officers, customs officials, market controllers, who
are on official duty, may implement the body search according to administrative
procedures and immediately report in writing to their heads who are one of
persons specified in clause 1, Article 123 of this Law and must take
responsibilities before law for the body search.

3. The body search must be decided
in writing, unless it needs to immidiately search as prescribed ai paragraph 2,
clause 2 of this Article.

4. Before implement the body
search, the searching persons must notify of decision to the searched person.
When implement the body search, men shall search men and women search women,
and the search must be witnessed by persons of the same sex.

5. All cases of body search must
be recorded in writing. The body search decisions and records must be handed
over to the searched persons, one copy each.

Article 128.
Searching transport means and objects according to administrative procedures

1. The search of transport means
and objects according to administrative procedures shall be carried out only
when there are grounds to believe that hidden in those transport means and/or
objects are material evidences of administrative violations.

2. Persons defined in clause 1
Article 123 of this Law have rights to carry out the search of transport means
and objects according to administrative procedures.

3. In case there are grounds in
order to believe that if not immediately perform search, material evidences of
administrative violations shall be dispersed, destroyed, beside of persons
specified in clause 2 of this Article, people’s police officers, members of the
CoastGuard operation teams, Border Guard combatants, ranger officers, tax
officials, market controllers, or inspectors, who are on official duty, may
search transport means and objects according to administrative procedures and
immediately report to their heads and must take responsibilities for the
search.

4. The search of transport means
and objects must be decided in writing, unless cases specified in clause 3 of
this Article.

The search of transport means
and/or objects must be carried out in the presence of the transport means
and/or object owners or the transport means operators and a witness; where the
transport means and/or object owners or the transport means operators are
absent, there must be two witnesses.

5. All cases of search of
transport means and/or objects must be recorded in writing. The search decision
and record must be handed to transport means and/or objects owners or the
transport means operators, one copy each.

Article 129.
Search of places where material evidences and/or means of administrative
violations are hidden

1. The Search of places where
material evidences and/or means of administrative violations are hidden shall
be carried out only when there are grounds to believe that hidden material
evidences and/or means of administrative violations.

2. The persons specified in clause
1, Article 123 of this Law have right to decide search of places where material
evidences and/or means of administrative violations are hidden; where such
places are dwelling places, proposing the district-level People’s Committee
presidents for consideration and decision.

3. The search of places where
material evidences and/or means of administrative violations are hidden must be
conducted in the presence of the owners of such places or major members of
their families and the witnesses. Where the place owners or major members of
their families are absent while the search cannot be postponed, there must be
the representative of the local administration and two witnesses.

4. The search of places where
material evidences and/or means of administrative violations are hidden must
not be conducted at night, except for emergency cases, or the search is being
conducted and having not yet finished but the reasons therefor must be clearly
stated in the records thereof.

5. All cases of search of places
where material evidences and/or means of administrative violations are hidden
must be affected under written decisions and must be recorded in writing. Such
decisions and records on the search of places where material evidences and/or
means of administrative violations are hidden must be handed to the place
owners, one copy each.

Article 130.
Management of foreigners who have violated Vietnamese laws during the time of
carrying out the procedures for their expulsion

1. Management of foreigners who
have violated Vietnamese laws during the time of carrying out the procedures for
their expulsion shall be applied when there are grounds to believe that in not
applying this measure, such persons may evade or obstruct the execution of
decision on expulsion sanctioning or to prevent such persons continuing to
commit acts of law violation.

2. The heads of Exit and Entry
management agencies or the directors of principle-level Police departments
where compiling dossier proposing expulsion shall issue decision on management
of foreigners who have violated Vietnamese laws during the time of carrying out
the procedures for their expulsion by the following measures:

a) To limit traveling of the
persons subject to management;

b) To appoint dwelling places of
the persons subject to management;

c) To temporarily seize passports
or other personal papers replacing for passports.

3. The Government shall prescribe in details this clause.

Article 131.
To assign family, organization to manage the person who is proposed for
application of measure on administrative sanctioning during carrying out
procedures for application of administrative handling measures

1. During carrying out procedures
for consideration, decision on application of measures sending to the
reformatories, sending to compulsory educational establishment, sending to
compulsory detoxification establishments, the Presidents of the commune-level
People’s Committee where compiling dossier shall decide on assigning family or
social organization to manage persons who committed acts of law violation being
subjects of application of these measures.

2. The violating subjects with
stable residence shall be assigned to their family for management; if there is
no stable residence, subjects shall be assigned to social organizations for
management.

3. The time limit of management is
counted from making dossier untill the competent persons take subjects to go
for application of administrative handling measures according to decision of
the Courts.

4. The decision on assigning
family or social organizations for management must clearly state: date of
issuing decision; full name, title of the deciding person; full name, date of
birth and residence of person assigned for management or name and address of
social organization assigned for management; full name, date of birth, and
residence of person being subject to management; reason,
time limit, responsibilities of the person subject to management,
responsibilities of the person or organization of management and
responsibilities of the commune-level People’s Committee where the subject
residents; signature of person deciding on management assignment. This decision
must be sent immediately to family or social organization where accept
management, and the person being subject to management for implementation.

5. During management, the family
or social organization which is assigned for management has the following
responsibilities:

a) Not let the person being
subject to management continuing law violations;

b) To ensure the presentation of the person being subject to management when having
decsion on sending to reformatories, sending to compulsory educational
establishments, or sending to compulsory detoxification establishments;

c) To timely report to the
President of the commune-level People’s Committee issuing decision on
management assignment in case the person being subject to management flees or commits acts of law violation;

6. During management, the person
being subject to management has the following responsibilities:

a) To strictly execute provisions
of law on temporary residence, absence-from-residence. When leaving local area
of commune, ward, town in order to stay in other local area, must notify to
family, social organization assigned for management about address, duration of
temporary residence at there;

b) To timely being present at
headquarter of commune-level People’s Committee as requested by the President
of commune-level People’s Committee.

7. During management, the
President of commune-level People’s Committee where managing subjects specified
in clause 1 of this Article has the following responsibilities:

a) To notify to family, social
organization being assigned for management and the person being subject to
management about their rights and obligations during management;

b) To implement the measures to
assist for family, social organization assigned for management in management,
supervision of the person being subject to management at residence;

c) When being notified that the
person being subject to management have fled from residence or have committed
acts of law violation, the President of the commune-level People’s Committee
must immediately notify to the district-level police agency in order to have
timely handling measures as prescribed by law.

8. The Government shall prescribe
in details this clause.

Article 132.
Hunting for subjects who have had decisions on sending to reformatories,
compulsory education establishments or compulsory detoxification establishments
in case they escape

1. In case persons who have had
decisions on sending to reformatories, compulsory education establishments or
compulsory detoxification establishments escape before being sent to
reformatories or establichments, the dictrict-level police agencies where
compiling dossier shall issue decision on hunting subjects.

2. In case persons who have served
decisions in reformatories, compulsory education establishments or compulsory
detoxification establishments escape, the principals of reformatories,
directors of compulsory education establishments or directors of compulsory
detoxification establishments shall issue decision on hunting subjects. The
police agencies shall coordinate with reformatories, compulsory education
establishments or compulsory detoxification establishments in hunting such
subjects in order to bring back reformatories or establishments.

3. For persons having decision on
sending to reformatories or serving decision at reformatories specified in
clause 1 of this Article, if after finding, such persons have been enough 18
years old, the principals of reformatories shall suggest the district-level
People’s Court where having reformatories to consider, decide on application of
measure sending to the compulsory education establishments if they are eligible
to send to compulsory education establishments.

4. The period of fleeing shall not
be counted in time limit of servicing decision on application of measures
sending to reformatories, sending to compulsory education establishments or
sending to compulsory detoxification establishments.

The fifth
part

PROVISIONS FOR
MINORS COMMITTING ACTS OF ADMINISTRATIVE VIOLATIONS

Chapter I

GENERAL
PROVISIONS ON HANDLING ADMINISTRATIVE VIOLATIONS FOR MINORS

Article 133.
The scope of application

The handling of minors committing acts of administrative violations is implemented
under provisions of the fifth part and other related provisions of this Law.

Article 134.
The principles of handling

Apart from principles on handlind
administrative violations specified in Article 3 of this Law, the handling for
minors shal apply additionally the following principles:

1. The handling of minors who have committed acts of administrative violations is
implemented only in necessary cases aiming to educate, assist them to repair
mistakes, develop healthily and become useful citizens of society.

In course of consideration for
handling minors who have committed acts of administrative violations, the
persons competent to handle administrative violations must ensure the best
benefits for such minors. The measure sending to reformatories may be applied
just when considering that there is no other handling measure is more suitable;

2. The handling of minors who have
committed acts of administrative violations is also based on the awareness of
minors on the dangerous-for-society nature of violating acts, reasons and
circumstances of violations in order to decide handling or application of
measure on administrative handling in conformity;

3. The application of forms of
sanctions, decision on sanctioning level for minors who have committed acts of
administrative violations must be lower than majors committing
same acts of violations.

In case of persons aged
between full 14 years old and under 16 years
old who commit administrative violations, not applying
form of fines.

Persons aged between full 16 and
under 18 who commit administrative violations are applied of the fine
sanctioning form, the fine levels must not exceed half of the fine levels
applicable to the majors; where they have no money to pay the fines or have no
ability to implement remedial measures, their parents or guardians shall have
to pay instead;

4. In course of handling minors
who have committed acts of administrative violations, the personal secrets must
be respected and protected.

5. The measures replacing the
handling of administrative violations must be considered for
application when having enough conditions specified in Chapter II of this Part.
The application of measures replacing the handling of
administrative violations shall not be considered as having been handled
administrative violations.

Article 135.
Application of forms of sanctions and remedial measures

1. The forms of sanctions applied
for minors include:

a) Warnings;

b) Fines;

c) Confiscating material evidences
and/or means of administrative violations.

2. The remedial measures applied
for minors include:

a) Forcible restoration of the
initial state;

b) Forcible application of
measures to overcome the environmental pollution, epidemic spreads;

c) Forcible destruction of goods,
articles which cause harms to human health, domestic animals, cultivated plants
and environment; and harmful cultural products;

d) Forcible remittance of illegal
revenues which obtaining from acts of violations or forcible remittance of
amounts equal to value of material evidences and/or means which be illegally
sold, dispersed, destroyed.

Article 136.
Aplication of administrative handling measures

1. The measure of education at
communes, wards, district towns is applied for minors committing acts of law
violation as prescribed in Chapter I, the third part of this Law. The minors
who are applied measure of education at communes, wards, district towns must be
managed by their parents or guardians, if they have no stable residence, they
must stay at social relief establishments or children-assistance
establishments, they are entitled to go to school, or participate in learning
programs or other vocational programs, participate in programs on consulting
and developing life skills at the community.

2. The measure of sending to
reformatories is applied for minors committing acts of law violation as
prescribed in Chapter II, the third part of this Law.

Article 137.
The time limit being considered as not yet handled administrative violations
for minors

1. The minors shall be considered
as not yet administratively sanctioned in within 06
months, after finishing execution of the sanctioning decision or as from the
day of expiry of the statute of limitations of execution of sanctioning
decision and they not repeat their violations.

2. The minors who being applied
administrative handling measures, if within 01 year, as from the dat of
finishing execution of handling decision or from the expiration of statute of
limitations of execution of handling decision, they do not repeat their
violation, they shall be considered as not yet applied administrative handling
measures.

Chapter II

MEASURES
REPLACED FOR THE HANDLING OF ADMINISTRATIVE VIOLATIONS FOR MINORS

Article 138.
Measures replaced for handling of administrative violations

Measures replaced for the handling
administrative violations for minors include:

1. Reminding;

2. Managing at home.

Article 139. Reminding

1. Reminding is a measure replaced
for handling administrative violations in order to point out violations
committed by minors, it is implemented with respect to minors committing acts
of administrative violations which as prescribed by law, they must be
sanctioned administrative violations, if there are the following conditions:

a) The administrative violations according
to regulation must be sanctioned warnings;

b) The violating minors have
voluntarily reported their violations, honestly repenting their violations.

2. Based on provisions on clause 1
of this Article, the persons competent to impose sanctions shall decide
application of reminding measure.

The reminding is implemented in
speech, on the spot.

Article 140. Management at
home

1. The management at home is a measure replaced for handling of administrative
violations to apply with minors under subjects specified in clause 3, Article
90 of this Law when having enough the following conditions:

a) The violating minors have
voluntarily reported their violations, honestly repenting their violations;

b) With an advantage life
environment for implementation of this measure;

c) Parents or guardian is eligible
to implement management and voluntarily takes responsibility for management at home.

2. Based on provisions on clause 1
of this Article, the President of the commune-level People’s Committee shall
decide application of measure of management at home.

3. The time limit of application
of measure of management at home is between 03 months and
06 months.

4. Within 03 days, after the
decision on application of measure of management at home
takes effect, the President of the commune-level People’s Committee having
issued decision must send it to family and assign organizations, individuals
where such person resident to coordinate and supervise implementation.

The minors, who are managed at the
family, are entitled to go to school, or participate in learning
programs or other vocational programs, participate in programs on consulting
and developing life skills at the community.

5. During time of management at home, if minors continue committing acts of law violations, the competent
persons specified in clause 2 of this Article shall decide stop application of
this measure and handle as prescribed by law.

The sixth
part

IMPLEMENTATION
PROVISIONS

Article 141.
Effect

1. This Law takes effect on July
01, 2013; except for provisions relating to application of
administrative handling measures which considered and decided by People’s Court
shall take effect on January 01, 2014.

2. The Ordinance on Handling
administrative violations No.44/2002/PL-UBTVQH10, the Ordinance
No.31/2007/PL-UBTVQH11 amending a number of articles of the 2002 Ordinance on
Handling administrative violations and the Ordinance No. 04/2008/UBTVQH12
amending and supplementing a number of articles of the Ordinance on Handling
administrative violations cease to be effective on the effective date of this
Law, except for provisions relating to application of measures sending to
reformatories, sending to educational establishments, sending to medical treatment
establishments still be effect until the end of December 31, 2013.

Article 142.
The detailing provisions and implementation guidance

The Government, the Supreme
People’s Court shall provide in details and guide implementation of Articles,
clauses assigned in the Law.

This Law was passed on June 20,
2012, by the XIIIth National Assembly of the Socialist Republic of
Vietnam, at its 3th session.

 

CHAIRMAN OF
THE NATIONAL ASSEMBLY

Nguyen Sinh Hung