Chương IV Nghị định 118/2021/NĐ-CP: Quản lý nhà nước về thi hành pháp luật xử lý vi phạm hành chính

Chapter IV

STATE MANAGEMENT OF ENFORCEMENT OF LAWS ON HANDLING OF ADMINISTRATIVE VIOLATIONS

Section 1. Contents of state management of enforcing laws on handling of administrative violations

Article 29. Developing and completing laws and monitoring enforcement of laws on handling of administrative violations

1. Research, review, develop and complete policies and laws on handling of administrative violations.

2. Develop and appeal to competent authorities to promulgate or Authorities competent to manage the enforcement of laws on handling of administrative violations.

3. Monitor enforcement of laws on handling of administrative violations.

4. Preliminarily and finally report enforcement of laws on handling of administrative violations to complete the system of legislative documents.

Article 30. Disseminating laws, providing professional guidance and training in laws on handling of administrative violations

1. Research and compile documents serving for the dissemination and training in laws on handling of administrative violations.

2. Organize professional training in handling administrative violations for employees.

3. Organize dissemination of laws on handling of administrative violations with contents and forms suitable for each specific entity.

4. Disseminate laws, provide professional guidance and training in laws on handling of administrative violations.

Article 31. Examining enforcement of laws on handling of administrative violations

1. Plans for examining enforcement of laws on handling of administrative violations of ministries, ministerial agencies, Vietnam Social Security, Supreme People’s Court of Vietnam, State Audit Office of Vietnam and the Provincial People’s Committees shall be submitted to the Ministry of Justice of Vietnam within 10 days from the date they are issued for monitoring, cooperating and organizing implementation of the examination.

 The Ministry of Justice shall assume monitoring and consolidation of plans for examining of ministries, ministerial agencies, Vietnam Social Security, Supreme People’s Court of Vietnam, State Audit Office of Vietnam to ensure that there is not more than 1 time of examination per year for authorities and units under their management, except for unscheduled examination.

2. The Ministry of Justice shall, within its tasks and power, cooperate with ministries, ministerial agencies, Vietnam Social Security, Supreme People’s Court of Vietnam, State Audit Office of Vietnam in developing plans for examining and handling identical plans for examining.

3. The Minister of Justice shall inspect the enforcement of laws on handling of administrative violations of ministries, ministerial agencies, Vietnam Social Security and the People’s Committees of provinces and central-affiliated cities and authorities managing persons with power to handle administrative violations.

4. The Minister of Justice shall assist the Government to inspect enforcement of laws on handling of administrative violations of the Supreme People’s Court of Vietnam and State Audit Office of Vietnam according to regulations specified in Article 17 of the Law on Handling of Administrative Violations.

5. The examination of enforcement of laws on handling of administrative violations shall comply with regulations of the Government of Vietnam on examination and handling of enforcement of laws on administrative violations.

Article 32. Cooperating in inspecting enforcement of laws on handling of administrative violations

1. The cooperation in inspection of enforcement of laws on handling of administrative violations between the Ministry of Justice with relative central authorities; between the Departments of Justice and professional authorities of the provincial People’s Committees, agencies organized in the vertical structures in provinces or central-affiliated cities, the district-level People's Committees is carried out when there are petitions and reflections from individuals, organizations and the press about the application of laws on handling of administrative violations that seriously affect lawful rights and interests of such individuals and organizations.

2. Procedures for cooperation in inspecting enforcement of laws on inspection.

Article 33. National database of handling of administrative violations

1. The national database of handling administrative violations is built on the basis of integrating electronic data from the database of handling administrative violations of ministries, ministerial agencies, Vietnam Social Security, State Audit Office of Vietnam, the Supreme People's Court and the People's Committees at all levels and authorities managing persons with power to handle administrative violations.

2. The national database of handling administrative violations must ensure connection with the national database of population and other professional database as prescribed by laws.

3. Development, management, exploitment and use of the national database shall comply with regulations of the Government of Vietnam and the Minister of Justice.

Article 34. Statistics on handling of administrative violations

1. Statistics on handling of administrative violations are the basis for accessing situation and forecasting tendency for administrative violations, proposing remedial measures, completing policies, laws, serving state management of enforcement of laws on handling of administrative violations.

2. Statistics on handling of administrative violations shall be collected as prescribed by laws on statistics.

Article 35. Reporting enforcement of laws on handling of administrative violations

1. Reports on enforcement of laws on handling of administrative violations shall include reports on situation of administrative penalties and reports on situation of applying measures for handling administrative violations which are made annually.

2. A report on the situation of administrative penalties shall include the following contents:

a) Comments and general assessments of the situation of administrative violations and administrative penalties;

b) Number of violation cases detected and penalized; penalized entities; the application of penalty forms and remedial measures; preventive measures; types of popular violations;

c) Results of enforcing decisions on administrative penalties: total sanctioning decisions; total amount of fines which are collected from administrative penalties; number of licenses and practising certificates which are suspended for a fixed term; number of cases of fixed-term suspension of operation; number of the sanctioning decisions which are finished; number of decisions on deferral of, reduction, exemption from imposing fines; number of decisions that must be forced to implement; number of decisions which are complained and sued;

d) Number of violating minors eligible for alternative measures for handling administrative violations that are reminder measures;

dd) Number of responsibilities cases subject to criminal prosecutions;

e) Number of dossiers transferred by authorities with power to conduct criminal proceedings to impose administrative penalties;

g) Difficulties in enforcement of laws on administrative penalties; recommendations, proposals.

3. A report on the application of administrative measures shall include the following contents:

a) Comments and general assessment on the situation of applying measures for community-based education in communes, wards and towns and making dossiers of proposals for application of administrative measures for center-based education in reform schools, compulsory educational institutions or compulsory rehabilitation centers; number of cases which are complained or sued;

b) Comments and general assessment on the situation of consideration and decision of the People's Court of Vietnam on the application of administrative measures for center-based education in reform schools, compulsory educational institutions or compulsory rehabilitation centers;

c) Number of entities who are proposed in writing to apply measures for community-based education in communes, wards and towns and number of entities who are proposed in writing to apply administrative measures for center-based education in reform schools, compulsory educational institutions or compulsory rehabilitation centers by Courts; number of entities subject to application of measures for community-based education in communes, wards or towns; or center-based education in reform schools; compulsory educational institutions; compulsory rehabilitation centers;

d) Number of violating minors eligible for alternative measures for handling administrative violations that are home management and community-based education;

dd) Comments and assessments on the situation of organizing enforcement of decisions on application of measures for community-based education in communes, wards or towns; number of decisions on temporary suspension of enforcement of them;

e) Comments and assessment on the situation of organizing implementation of decisions on center-based education in reform schools; compulsory educational institutions; number of decisions on suspension or exemption from enforcement of such decisions;

g) Comments and assessment on the situation of organizing implementation of decisions on center-based education in compulsory rehabilitation centers; number of decisions on suspension or exemption from enforcement of such decisions;

h) Number of entities who are being enforced on decisions on application of administrative measures for center-based education in compulsory educational institutions or reform schools; reduction in time limit; suspension or exemption from enforcement of the remaining duration;

i) Number of entities who are being enforced on decisions on application of administrative measures for center-based education in compulsory rehabilitation centers; reduction in time limit; suspension or exemption from enforcement of the remaining duration;

k) Difficulties or proposals.

4. Time for closing the report data shall comply with the Government's regulations on reporting regimes of state administrative authorities.

5. The Minister of Justice shall specify the regimes of reporting on enforcement of laws on handling of administrative violations.

Section 2. Resposibilities for State management of enforcement of laws on handling of administrative violations

Article 36. Resposibilities of the Ministry of Justice

1. Develop and complete laws on handling of administrative violations:

a) Propose the development and completion of laws on handling of administrative violations to competent authorities;

b) Develop and promulgate legislative documents on handling of administrative violations under its power or appeal to competent authorities to promulgate them;

c) Take charge and cooperate with the Government Office, ministries, ministerial agencies and Vietnam Social Security in developing a list of decrees elaborating the Law on Handling of Administrative Violations; guide, inspect and urge ministries, ministerial agencies and Vietnam Social Security to propose and execute Programs on development of decrees;

d) Request competent authorities to study amendments and improvement of laws on handling of administrative violations on the basis of recommendations of authorities, organizations and individuals and the practice of managing enforcement of laws on handling of administrative violations; take charge and cooperate with the Government Office and relevant authorities submitting researching and proposing to submit plans for handling limitations and inadequacies in the practice of applying laws on handling administrative violations to the Government and the Prime Minister;

dd) Make preliminary and final reports on the implementation of laws on handling of administrative violations.

2. Monitor implementation of laws on handling of administrative violations:

a) Guide, inspect and urge ministries, central and local authorities to implement laws on handling of administrative violations, promptly detect difficulties to propose solutions;

b) Have opinions about the application of laws on handling administrative violations as assigned by the Government and Prime Minister of Vietnam.

3. Guide the implementation of laws on handling of administrative violations under its power or at the request of ministries, central or local authorities.

4. Guide dissemination of laws on handling administrative violations; take charge and cooperate with ministries, central or local authorities in providing guidance and training in professional skills for implementation of laws on handling of administrative violations.

5. Take charge and cooperate with relevant ministries, central or local authorities in inspecting the enforcement of laws on handling administrative violations.

6. Propose competent authorities to organize inspections when there are recommendations and reflection of individuals and organizations on the application of laws on handling administrative violations that seriously affect the legitimate rights and interests of such individuals and organizations.

7. Develop a national database of handling of administrative violations; provide guidance on management, exploitation and use of the National Database on handling of administrative violations in accordance with laws.

8. Establish and maintain operation of the web portal to receive reflections, recommendations and results of settlement of violating cases as prescribed.

9. Regulations on reporting regimes and statistics of handling administrative violations and implementing reports and statistics on handling of administrative violations.

10. Develop and submit reports on the enforcement of laws on handling of administrative violations to competent authorities.

Article 37. Responsibilities of ministries, ministerial agencies, Vietnam Social Security, the Supreme People's Court and State Audit Office of Vietnam

1. Responsibilities of ministries, ministerial agencies, Vietnam Social Security:

a) Implement development and completion of laws on handling of administrative violations within their powers

b) Make reports on the enforcement of laws on handling of administrative violations within their powers;

c) Carry out statistics on handling of administrative violations within their powers;

d) Cooperate in developing database of handling administrative violations; direct information providers to serve development of database of handling administrative violations and integrate information into the national database of handling administrative violations at the Ministry of Justice;

dd) Carry out inspection and examination of the situation of enforcement of laws on handling of administrative violations of the fields under their management;

e) Carry out dissemination and training in professional skills of applying laws on handling of administrative violations under management of ministries, ministerial agencies and Vietnam Social Security;

g) Develop material facilities, strengthen organization, and arrange resources to enforce laws on handling of administrative violations.

2. Responsibilities of ministries, ministerial agencies and Vietnam Social Security for reporting enforcement of laws on handling of administrative violations:

a) They shall report the situation of administrative penalties specified in clause 2 Article 35 hereof.

For Vietnam Social Security, ministries and ministerial agencies which are organized in the vertical structures in provinces or central-affiliated cities, they shall additionally consolidate data of affiliated units and send them to the Ministry of Justice;

b) The Ministry of Labor-War Invalids and Social Affairs shall report the situation of applying measures for center-based education in compulsory rehabilitation centers as prescribed in points a, c, g, i and k Clause 3 Article 35 hereof;

c) The Ministry of Public Security shall report the situation of applying measures for community-based education in communes, wards and towns; center-based education in reform schools and compulsory educational institutions as prescribed in points a, c, d, dd, e, h and k Clause 3 Article 35 hereof;

d) They shall report implementation of laws on handling of administrative violations and send them to the Ministry of Justice in the prescribed time limit for implementing regimes of reporting the enforcement of laws on handling of administrative violations of the Minister of Justice.

3. Supreme People’s Court shall carry out tasks as prescribed in clause 4 Article 17 of the Law on Handling of Administrative Violations and send annual reports to the Ministry of Justice on the situation of administrative penalties as prescribed in clause 2 Article 35 hereof and reports on the situation of applying administrative measures as prescribed in points b, c, d, e, g, h, I and k clause 3 Article 35 hereof.

4. The State Audit Office of Vietnam shall carry out tasks as prescribed in clause 4 Article 17 of the Law on Handling of Administrative Violations and send annual reports to the Ministry of Justice on the situation of administrative penalties as prescribed in clause 2 Article 35 hereof.

5. Legal organizations of ministries, ministerial agencies and Vietnam Social Security shall take charge in managing the enforcement of laws on handling of administrative violations in fields under their management; carrying out tasks prescribed in clauses 1 and 2 of this Article and other assigned tasks to assist Ministers and Heads of ministerial agencies and General Directors of Vietnam Social Security.

Article 38. Responsibilities of the Ministry of Finance

1. Carry out tasks prescribed in clauses 1, 2 and 5 Article 37 hereof.

2. Take charge and cooperate with the Ministry of Justice in providing guidance and ensuring expenditures for state management of enforcing laws on handling administrative violations and organizing implementation of laws on handling of administrative violations according to regulations of the Law on State Budget of Vietnam.

Article 39. Responsibilities of the People’s Committees at all levels

1. The People's Committees at all levels shall, during the implementation of laws on handling of administrative violations, if they detect regulations on handling of administrative violations that are not feasible, are not consistent with reality, or are overlapping or contradictory, propose governing bodies to draft or the Ministry of Justice to study and handle them.

2. Responsibilities of the People’s Committees at all levels for reporting enforcement of laws on handling of administrative violations:

a) Presidents of the commune-level People’s Committees shall report implementation of laws on handling of administrative violations in fields under their management to the district-level People’s Committees in the prescribed time limit for implementing regimes of reporting enforcement of laws on handling administrative violations of the Minister of Justice.

Justice Divisions shall provide advices and assistance to the Presidents of district-level People’s Committees in implementing reports on enforcement of laws on handling of administrative violations in their districts;

b) Heads of professional authorities affiliated to the provincial People’s Committees and agencies organized in the vertical structures in their provinces or central-affiliated cities and the district-level People’s Committees shall make reports on enforcement of laws on handling of administrative violations in fields under their management to the Departments of Justice for consolidating and reporting them to the provincial People’s Committees in the prescribed time limit for implementing regimes of reporting enforcement of laws on handling administrative violations of the Minister of Justice.

Departments of Justice shall provide advices and assistance to the Presidents of provincial People’s Committees in implementing reports on enforcement of laws on handling of administrative violations in their provinces;

c) Presidents of the provincial People’s Committees shall make reports on implementation of laws on handling of administrative violations in fields under their management and send them to the Ministry of Justice in the prescribed time limit for implementing regimes of reporting enforcement of laws on handling administrative violations of the Minister of Justice.

In order to monitor the situation of handling administrative violations in their provinces, the provincial People’s Committees shall not add data about handling of administrative violations of agencies organized in the vertical structures in their provinces or central-affiliated cities to reports on enforcement of laws on handling of administrative violations sent to the Ministry of Justice;

d) Presidents of the People’s Committees at all levels shall, within their powers, report contents prescribed in clause 2, points a, c, d, dd and k clause 3 Article 35 hereof.

3. The People’s Committees at all levels shall carry out statistics on handling of administrative violations under their management.

4. The provincial People’s Committees shall develop database of handling administrative violations in their provinces; direct departments, divisions and provincial authorities to provide information to serve the development of database of handling administrative violations.

Departments of Justice shall assist the provincial People’s Committees in developing database of handling administrative violations and integrating into the national database of handling administrative violations in the Ministry of Justice.

5. The People’s Committees at all levels shall examine the situation of implementation of laws on handling of administrative violations.

6. The People’s Committees at all levels shall organize inspection at the requests of the Departments of Justice or upon having reflections and recommendations of individuals, organizations or the press on the application of laws on handling administrative violations that seriously affect the legitimate rights and interests of such individuals and organizations under their management for cases prescribed in Article 32 hereof.

7. The People’s Committees at all levels shall carry out dissemination and training in professional skills in applying laws on handling administrative violations under their management.

8. The People’s Committees at all levels shall direct the development of material facilities, strength of organizations, and arrangement of resources for implementation of laws on handling administrative violations.

9. Departments of Justice shall assume, advise and assist the provincial People’s Committees in managing the implementation of laws on handling administrative violations in their provinces.