Chương 1 Nghị định 166/2013/NĐ-CP: Những quy định chung

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of application

This Decree prescribes principles, processes and procedures for application of measures to enforce the decision to impose administrative penalties or the decision to impose administrative remedies instead of administrative penalties (hereinafter referred to as enforcement), responsibility for compliance and provision of security for compliance with enforcement decisions.

Article 2. Subjects of application

1. An affected Vietnamese or foreign person or entity subject to an administrative penalty that has not voluntarily complied with the decision to impose an administrative penalty by the stipulated deadlines, the deadline for postponement of compliance with that decision or the prescribed deadline for compliance with the decision to impose an administrative remedy.

Where otherwise prescribed by any international treaty of which the Socialist Republic of Vietnam is the member state, such international treaty shall prevail.

2. Competent persons, entities charged with carrying out administrative enforcement, and organizations or individuals engaged in administrative enforcement.

Article 3. Principles of application

1. Enforcement shall be carried out only if the written enforcement decision issued by a competent person is obtained.

2. Decision to impose enforcement actions shall be made taking into consideration inclusions, nature, extent and requirements for implementation of the enforcement decision and practical conditions of specific local jurisdictions.

3. The person having competence in making the enforcement decision shall decide to impose enforcement measures according to the processes referred to in Clause 2 Article 86 of the Law on Handling of Administrative Penalties. Other subsequent measures may be applied to the extent of whether it is unlikely that the abovementioned enforcement measures are not applied or the amount of monetary penalty specified in the enforcement decision has not been collected in full.

Article 4. Withholding or disallowance of monetary amounts, distraint of property imposed on an entity subject to enforcement actions

1. If the affected entity that is a state authority, armed force unit, political organization or socio-political organization is subject to enforcement measures such as withholding or disallowance of monetary amounts, distraint of property and payment of costs for enforcement activities, its reimbursed or distributed budget of expenditure shall be withheld or deducted.

2. If the affected entity that is a revenue- generating public service provider prescribed by laws or armed force unit obtaining permission to carry out revenue-generating activities is subject to enforcement measures such as withholding or disallowance of monetary amounts, distraint of property and payment of costs for enforcement activities, its amount of revenue and property generated from its revenue-generating activities shall be withheld or deducted.

3. If the affected entity that is a social organization, occupation-related social organization, non-governmental organization, social fund or charity fund is subject to enforcement measures such as withholding or disallowance of monetary amounts, distraint of property and payment of costs for enforcement activities, its own monetary amounts or property shall be withheld or deducted.

4. If the affected entity that is an enterprise or cooperative is subject to enforcement measures such as withholding or disallowance of monetary amounts, distraint of property and payment of costs for enforcement activities, its own monetary amounts, property, cash or property income shall be withheld or deducted.

Article 5. Service of an enforcement decision upon affected and/or interested persons or entities

1. Immediately after issuing an enforcement decision, the person having jurisdiction to issue enforcement decisions shall serve that enforcement decision upon affected and/or interested persons or entities.

In case of enforcement activities carried out by applying enforcement measures referred to in Point b, c and d Clause 2 Article 86 of the Law on Handling of Administrative Violations, the enforcement decision shall be sent in advance to the Chairman of People's Committee of the commune where enforcement activities are conducted to seek his/her cooperation in implementation of that enforcement decision.

2. The enforcement decision shall be served, whether by direct delivery or registered mail services, and shall be notified to affected and/or interested persons or entities.

If an affected and/or interested person or entity intentionally rejects the enforcement decision sent by direct delivery service, the competent person shall give a written notice of such rejection attested by a relevant local authority and consider that the enforcement decision has been successfully served.

If the enforcement decision, once being sent by the registered mail service, is returned 10 days after the third delivery attempt fails by reason of intentional rejection of the affected person or entity; the enforcement decision has been published on the notice board of the local jurisdiction where the affected person resides or the affected entity is based; or it is established that the affected person has evaded receiving the enforcement decision, that enforcement decision shall be considered successfully delivered.

3. The duration to implement the enforcement decision shall be 15 days from the date of receipt thereof; where the enforcement decision prescribes that the duration for implementation thereof is longer than 15 days, the latter shall prevail.

Article 6. Responsibility for implementation of the enforcement decision

1. The enforcement decision maker shall be responsible for carrying out enforcement activities for the decision to impose administrative penalties issued by himself/herself and his/her junior staff.

2. With respect to enforcement decisions issued by Chairmen of People's Committees at all levels, the Chairman shall, based on functions and duties of specialized subordinate divisions of the People's Committee, issue the enforcement decision to mandate these divisions to undertake implementation of that enforcement decision. Such mandate must be based on the specialization principle according to which matters would be assigned to respective specialized divisions; in case where a matter involves multiple divisions, the decision on which division would undertake such mater shall be made depending on the specific circumstances.

3. Organizations or individuals concerned shall be obliged to cooperate with persons having jurisdiction to issue the enforcement decision or entities mandated to undertake enforcement activities in applying measures to implement the enforcement decision.

Article 7. Orderly and safe implementation of the enforcement decision

1. People’s Police forces shall be responsible for ensuring orderly and safe implementation of the enforcement decisions issued by Chairmen of same-level People’s Committees or the enforcement decisions issued by other state regulatory authorities as requested.

In order to request a People’s Police force to participate in protection of orderly and safe implementation of the enforcement decision, the entity charged with implementing the enforcement decision must send a written request to the same-level police authority 05 days before commencement of enforcement activities in order for them to arrange their personnel.

2. When participating in enforcement activities, the People’s Police force shall have the burden of deterring or preventing any disturbance or attack against law enforcement officers, and maintaining order and safety.