Chapter I
GENERAL PROVISIONS
Article 1.- Regulation scope
This Decree details the implementation of a number of articles of the 2002 Ordinance on Handling of Administrative Violations (hereinafter called the Ordinance for short) regarding some general principles, forms, competence, procedures and the application of a number of preventive measures to ensure the handling of administrative violations.
Article 2.- Competence to define acts of administrative violation
The competence to define acts of administrative violation in Article 2 of the Ordinance shall cover the competence to define specific acts of administrative violation, principal sanctioning forms, additional sanctioning forms, remedial measures applicable to each act of administrative violation; to prescribe the fine bracket and levels in case of fining; to prescribe preventive measures to ensure the handling of administrative violations.
The determination of bracket and levels of fine on administrative violation acts shall be based on the nature and seriousness of such acts.
Article 3.- Some principles for handling of administrative violations
Some principles for handling of administrative violations in Clauses 2, 3 and 4, Article 3 of the Ordinance are specified as follows:
1. Individuals and organizations shall be sanctioned for administrative violations only when they commit administrative violation acts prescribed by law:
Individuals and organizations shall be sanctioned for administrative violations only when they commit administrative violation acts specified in laws of the National Assembly, ordinances of the National Assembly Standing Committee and decrees of the Government. The documents issued by the Prime Minister, ministers, heads of ministerial-level agencies, Peoples Councils or Peoples Committees to direct, guide and organize the implementation of handling of administrative violations according to competence must not prescribe administrative violation acts and sanctioning forms as well as levels;
2. An administrative violation act shall be sanctioned only once:
a) For a violation act which the person with sanctioning competence has already issued a decision to sanction or made a written record for sanctioning thereof, the second record or the second decision to sanction it must not be made. In cases where the violation act keeps being committed even though the person with sanctioning competence has ordered the cessation thereof, the aggravating circumstances prescribed in Clause 8 of Article 9 of the Ordinance shall apply;
b) An administrative violation act for which the person with sanctioning competence has issued a sanctioning decision shall not be subject to the simultaneous application of other administrative handling measures prescribed in Article 22 of the Ordinance;
c) In cases where violation acts show signs of criminal offense and the dossiers proposing the penal liability examination have been transferred, for which the decisions on sanctioning of administrative violations were previously issued, the persons who have issued such sanctioning decisions must abrogate the sanctioning decisions; if the sanctioning decisions have not yet been issued, such acts shall not be administratively sanctioned;
3. If many persons commit one administrative violation act, each of the violators shall be sanctioned for such act and the person with sanctioning competence shall base himself/herself on the nature and seriousness of the violation, the personal identification of the violators, the aggravating circumstances, the extenuating circumstances to issue sanctioning decisions against each of the violators;
4. A person who commits many administrative violation acts shall be sanctioned for every violation act as provided for in Clause 2, Article 56 of the Ordinance.
Article 4.- Cases of not handling administrative violations
Cases of not handling administrative violations under Clause 6, Article 3 of the Ordinance are specified as follows:
1. Emergency circumstances are circumstances of persons who, as wishing to avoid a danger which actually threatens the interests of the State, agencies, organizations, legitimate rights and interests of their own of or other persons, have no other alternatives than causing a damage smaller than the damage which needs to be precluded;
2. Legitimate self-defense means acts of a person who, because of protecting the interests of the State, agencies and/or organizations, protecting the legitimate rights and interests of their own or of other persons, resist in a necessary manner the persons who are committing acts of infringing upon the above-said interests;
3. Persons who commit acts due to unexpected incidents, namely in cases where they cannot foresee or are not compelled to foresee the consequences of such acts;
4. Persons commit administrative violations while suffering mental diseases or other ailments, which deprive them of the capability to be aware of, or the capability to control, their acts.
Article 5.- Liability to pay compensations for damage caused by minors administrative violations
For minors who commit administrative violations which cause damage, the liability to pay compensations shall comply with the provisions in Article 40 of the Marriage and Family Law and Clauses 2 and 3, Article 611 of the Civil Code.
Article 6.- Aggravating circumstances
The aggravating circumstances in Clauses 1 and 2, Article 9 of the Ordinance are specified as follows:
1. Committing violations in an organized manner means the cases where two or more persons collude with each other and intentionally commit acts of administrative violations;
2. Committing violations many times in the same domains means the cases where administrative violations are committed in the domains where violations were previously committed, but not yet sanctioned while the statute of limitations for sanction has not yet expired;
3. Recidivism in the same domains means the cases where sanctions have been imposed but the time limit of one year as from the date of completely serving the sanctioning decisions or the date of expiry of the statute of limitations for execution of the sanctioning decisions has not yet expired, administrative violations are again committed in the domains where sanctions were imposed;
The domains prescribed in this Clause are understood as the State management domains defined in each decree of the Government on sanctioning administrative violations.
Article 7.- The time limit for being considered not yet sanctioned for administrative violations
The time limit for being considered not yet sanctioned for administrative violations according to Clause 1, Article 11 of the Ordinance is prescribed as follows:
Individuals and organizations sanctioned for administrative violations, that, if past one year as from the date of completely serving the sanctioning decisions (namely the date of fulfilling the obligations and requirements inscribed in the sanctioning decisions or the date the sanctioning decisions are coercively executed) or from the date of expiry of the statute of limitations for execution of the sanctioning decisions prescribed in Article 69 of the Ordinance, do not commit violation acts in the same domains where they were previously sanctioned, shall be considered not yet administratively sanctioned for such acts.
Article 8.- The time limit for being considered not yet subject to the application of other administrative handling measures
The time limit for being considered not yet subject to the application of other administrative handling measures is specified as follows:
Individuals to whom the measures of education at communes, wards, townships, being sent to reformatories, education camps or medical establishments, administrative probation have been applied, and who, if past two years as from the date of completely serving the sanctioning decisions (namely the date of expiry of the time limit for education at communes, wards, townships or expiry of the time limit for serving the decisions at reformatories, education camps, medical establishments and administrative probation) or from the date of expiry of the statute of limitations for execution of the handling decisions prescribed in Articles 73, 82, 91, 100 and 108 of the Ordinance, do not commit violation acts subject to the application of one of other administrative handling measures prescribed in this Clause, shall be considered not yet subject to the application of such measures.
Article 9.- Ways of calculating time limits, statute of limitations in handling administrative violations
1. If the time limits and statute of limitations in the Ordinance are prescribed in months or years, such duration shall be calculated in calendar months or years, including holidays defined by the Labor Code.
2. If the time limits in the Ordinance are prescribed in days, such duration shall be calculated in working days, excluding holidays defined by the Labor Code.
Article 10.- Responsibilities of competent persons in the handling of administrative violations
1. Upon the detection of administrative violations, the persons competent to sanction administrative violations must order the immediate cessation of the violation acts and issue sanctioning decisions according to their competence; in cases where the violations do not fall under or fall beyond their jurisdiction, they shall have to make records thereon strictly according to a set form and transfer them in time to persons with sanctioning competence.
2. If the persons competent to sanction administrative violations abuse their positions and powers, harass for bribes, tolerate, cover up, fail to handle or improperly handle administrative violations; fail to strictly abide by the regulations in the applications of preventive measures to assure the handling of administrative violations; unlawfully issue decisions to sanction administrative violations; are at fault in not issuing decisions to sanction administrative violations within the time limits prescribed in Article 56 of the Ordinance, but not to the extent of being examined for penal liability, shall be disciplined according to law provisions on officials and public employees.
Tìm kiếm
Nghị định 134/2003/NĐ-CP (Bản Word)