Chương 2: Nghị định 134/2003/NĐ-CP Hình thức, thẩm quyền xử lý vi phạm hành chính

Chapter II

FORMS OF, AND COMPETENCE FOR, SANCTIONING ADMINISTRATIVE VIOLATIONS

Article 11.- Deprivation of the right to use licenses, professional practice certificates

The deprivation of the right to use licenses, professional practice certificates as provided for in Article 16 of the Ordinance is stipulated as follows:

1. Deprivation of the right to use licenses, professional practice certificates is an additional sanctioning form and applied together with principal sanctioning forms in cases where individuals or organizations seriously violate the regulations on the use of licenses, professional practice certificates. Licenses and professional practice certificates are papers granted by competent State bodies or persons to organizations or individuals under the provisions of law to permit such organizations or individuals to do business, operate or practice their professions in certain domains or to use certain instruments, means. The licenses and certificates of professional practice prescribed in this Article do not cover business registration papers, certificates associated to the personal identity of grantees not for the purpose of permitting the professional practice;

2. Deprivation of the right to use licenses, professional practice certificates shall be applied definitely or indefinitely to specific violation acts, depending on the nature and seriousness of such violation acts. The duration of depriving of the right to use licenses, professional practice certificates and specific cases of deprivation of the right to use licenses, professional practice certificates are prescribed in the Governments decrees on sanctioning administrative violations in each domain of State management.

Article 12.- Confiscation of material evidences, means used to commit administrative violations

The confiscation of material evidences, means used in the commission of administrative violations under Article 17 of the Ordinance is stipulated as follows:

1. The confiscation of material evidences, means used for commission of administrative violations is an additional sanctioning form and applied together with principal sanctioning forms. The procedures for, and specific cases of, application of the confiscation of material evidences, means are prescribed in the Governments decrees on sanctioning administrative violations in each domain of State management;

2. The sanctioning form of confiscation of material evidences, means shall not apply in cases where the materials and/or means have been illegally appropriated and used, and must be returned to their lawful owners, managers or users. In cases where material evidences are harmful cultural products, fake goods of no use value and/or articles causing harms to human health, domestic animals or crops, they shall be handled according to the regulations in Clause 2, Article 61 of the Ordinance.

Article 13.- Determining the competence to sanction administrative violations

The principles for determining the competence to sanction administrative violations under Article 42 of the Ordinance are specified as follows:

 1. The presidents of the Peoples Committees at all levels are competent to sanction acts of administrative violation in the State management domains in their respective localities;

2. Title holders with competence to sanction administrative violations of State management bodies according to branches, domains are competent to sanction administrative violation acts specified in the Governments decrees on sanctioning administrative violations in each domain of State management;

3. The sanctioning competence of title holders under the provisions of the Ordinance in each specific case is determined as follows:

a) The competence to impose fines is determined on the basis of the maximum level of the fine bracket prescribed for each administrative violation act;

b) The competence to apply form of confiscation of material evidences, means used for commission of administrative violations is determined on the basis of legal documents on sanctioning administrative violations in each domain of State management, prescribed for title holders competent to confiscate material evidences, means of administrative violations for a specific violation act. In cases where the Ordinance prescribes the confiscating competence according to value of material evidences, violating means, such competence must be determined on basis of the practical value of the material evidence or violating means;

c) The competence to apply the form of depriving the right to use licenses, professional practice certificates is determined on the basis of the legal documents on sanctioning administrative violations in each domain of State management. For violation acts subject to the sanctioning form of depriving the right to use licenses, professional practice certificates as provided for, the persons competent to administratively sanction such acts shall be also competent to sanction the violators by depriving them of the right to use licenses, professional practice certificates; where it is otherwise provided for by law, the provisions of law shall apply. Within three days after the date of issuing the sanctioning decisions, the persons who have issued the sanctioning decisions must notify in writing the agencies which have granted licenses, professional practice certificates of the application of the sanctioning form of depriving of the right to use licenses, certificates of professional practices;

d) The competence to apply remedial measures is determined on the basis of the Ordinance prescribing persons competent to apply remedial measures; and at the same time on specific violation acts which, according to regulations, are subject to the application of remedial measures prescribed in the Governments decrees on sanctioning administrative violations in each domain of State management;

dd) In cases where the fine levels, the value of confiscated material evidences or means or one of the sanctioning forms or remedial measures do not fall or fall beyond the jurisdiction of the persons who are processing the violation cases, they shall have to promptly transfer such violation cases to persons with sanctioning competence.

Article 14.- Authorization to handle administrative violations

The authorization to handle administrative violations under Article 41 of the Ordinance is prescribed as follows.

1. The authorization of persons defined in Article 41 of the Ordinance to handle administrative violations shall only be made for the immediate deputies. The authorization shall only be made in writing and in cases where the heads are absent.

2. The deputies authorized by their heads are entitled to sanction administrative violations according to their heads competence authorized to them and must bear responsibility for their own decisions on handling of administrative violations. The authorized persons must not further authorize any other persons.