Chương I Nghị định 118/2021/NĐ-CP: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates certain Articles and enforcement of the Law on Handling of Administrative Violations including:

1. Entities against whom administrative penalties are imposed.

2. Regulations on administrative violations and administrative penalties.

3. Applications of regulations on administrative penalties.

4. State management of enforcement of laws on handling of administrative violations.

Article 2. Regulated entities

1. Authorities competent to manage the enforcement of laws on handling of administrative violations.

2. Authorities and individuals competent to handle administrative violations.

3. Agencies, organizations and individuals relative to the enforcement of laws on handling of administrative violations.

Article 3. Entities against whom administrative penalties are imposed.

1. Entities against whom administrative penalties are imposed prescribed in clause 1 Article 5 of the Law on Handling of Administrative Violations.

2. Administrative penalties will be imposed upon an organization if the following conditions are fully satisfied

a) The organization is a juridical person under regulations of civil laws or other organizations are established as prescribed by laws;

b) Administrative violations are committed by representatives, people appointed to act on the organization’s behalf or people committing violations under direction, control, assignment and approval of organizations and these violations prescribed in decrees on administrative penalties in various state management fields.

3. Penalized organizations are prescribed specifically in decrees on administrative penalties in various state management fields.

4. For branches, representative offices and business locations committing administrative violations within the authorization scope and time limit of juridical persons and organizations or under their direction, control, assignment and approval, these juridical persons and organizations against whose administrative penalties shall be imposed according to fines applicable to organizations for activities organized by branches, representative offices and business locations of these juridical persons and organizations.

For branches, representative offices and business locations of juridical persons and organizations committing administrative violations beyond the authorization scope and time limit of legal entities and organizations or beyond their direction, control, assignment and approval, these branches, representative offices and business locations on whose administrative penalties shall be imposed according to fines applicable to organizations for activities organized by branches, representative offices and business locations of these legal entities and organizations.

5. Household businesses, households and communities that commit administrative violations shall be subject to fines imposed on individuals committing administrative violations. Representatives of household businesses, owners of households, leaders of communities shall be responsible for implementation of decisions on administrative penalties for household businesses, households and communities.

6. In case officials, public employees, members of the People's Army and the People's Public Security Forces and cipher officers who commit violations whilst being on their official duties and missions and these violations belong to the official duties and missions, they shall be not subject to penalties according to regulations of laws on handling of administrative violations but they shall be handled as prescribed by relative laws.

The state authorities which commit violations belonging to the state management missions shall be not subject to penalties as prescribed by laws on handling of administrative violations but shall be handled according to regulations of relevant laws.