Chương I: Nghị định 19/2020/NĐ-CP Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree prescribes inspection of enforcement of laws on administrative penalties, disciplinary actions imposed on jurisdictional and responsible persons for their violations arising from enforcement of laws on administrative penalties. 

Article 2. Subjects of application 

1. Authorities and persons having jurisdiction over inspection of enforcement of laws on administrative penalties; regulatory authorities taking control of enforcement of laws on administrative penalties.

2. Heads of host entities of persons having authority to impose administrative penalties, Heads of direct supervisory entities of persons having authority to impose administrative penalties.

3. Persons having authority to impose administrative penalties, persons having authority to issue administrative penalty notices.

4. Entities and persons related to enforcement of laws on administrative penalties.

Article 3. Purposes of inspection of and disciplinary actions against violations arising from enforcement of laws on administrative penalties

1. Review and assess the implementation of laws on handling of administrative violations; encourage and commend agencies, organizations and individuals that record achievements in the implementation of the law on handling of administrative violations; detect limitations, problems, inadequacies, errors and violations arising from the implementation of the law on handling of administrative violations in order to promptly take correctional, disciplinary and mitigative actions against them.

2. Prevent, control and combat violations arising in the implementation of laws on handling of administrative violations; strengthen administrative discipline and rules in organizing the implementation and application of laws to ensure the effectiveness and efficiency of enforcement of laws on handling of administrative violations.

3. Detect regulations that are not yet consistent, synchronous or not suitable to real situations in order to promptly amend, supplement, abolish or promulgate new legal documents on handling of administrative violations, or other legislative documents.

Article 4. Principles for inspecting and imposing disciplinary actions against violations arising from enforcement of laws on handling of administrative violations 

1. Ensuring objectivity, public disclosure, transparency, correct authorization, compliance with prescribed processes and procedures.

2. Ensuring cooperation among related agencies, non-overlapping with other inspection and examination at any unit at the same time; avoid hindering or affecting the normal operation of the inspectee.

Combining self-examination of the inspectee with the inspection of competent agencies and persons.

3. Inspection conclusions must be followed in full and on time by the inspectee, concerned agencies, organizations and individuals. Violations, recommendations and requests that are integrated into inspection conclusions require prompt and strict actions that are binding upon right people and address right cases, as well as corresponding to the nature and seriousness of violation.

Inspection conclusions must be monitored, pushed for and supervised by competent persons.

4. The authorized inspector and the inspectee shall be identified according to the principles of state management applied to respective sectors, domains and geographical areas and territories.