Chapter IV
IMPOSITION OF DISCIPLINARY SANCTIONS FOR VIOLATIONS AGAINST LAWS ON HANDLING OF ADMINISTRATIVE VIOLATIONS
Article 22. Acts of violation arising from enforcement of laws on handling of administrative violations
1. Retaining violation cases suspected to have criminal signs so that they must be subject to administrative sanctions.
2. Abusing positions and powers to harass, demand or receive money or property of violators; tolerating violators, screening them from administrative sanctions and constraining them from exercising their rights when imposing administrative sanctions.
3. Failing to sanction administrative violations; failing to apply remedial or mitigative measures or apply administrative sanctions to violators in accordance with law.
4. Sanctioning administrative violations, applying remedial measures or applying administrative sanctions in an untimely, loose or ultra vires manner, or not according to procedures, or not to correct violators, as legally prescribed.
5. Applying sanctioning forms, rates, and remedial measures improperly and incompletely with respect to administrative violations.
6. Making unlawful intervention in the handling of administrative violations.
7. Extending the duration of application of administrative actions.
8. Using administrative fines, interest on late execution of fines, gains from sale or liquidation of confiscated material evidences, means of administrative violations and other amounts collected from sanctioning of administrative violations in contravention of the law on state budget.
9. Forging and falsifying records of administrative violations or documents stating application of administrative sanctions.
10. Providing inaccurate and untruthful information or documents related to the subject matters of the inspection.
11. Illegally intervening in inspection activities, taking advantage of their influence upon persons tasked with carrying out inspection.
12. Opposing and obstructing persons performing inspection tasks, threatening or intimidating persons providing information and documents to inspection authorities or inspection teams, and causing trouble to inspection activities.
13. Revealing information and documents about inspection conclusions even when none of official conclusions are drawn.
14. Failing to carry out inspection conclusions.
15. Insufficiently and inaccurately carrying out inspection conclusions.
16. Failing to monitor, urge and inspect the compliance of sanctioned persons or entities to sanctioning decisions; the implementation of remedial measures by persons and entities.
17. Issuing, on an ultra vires basis, documents on administrative violations; on sanctioning competence, procedures, forms and remedial measures for respective acts of administrative violation arising from state management activities, and administrative actions.
18. Showing lack of responsibility for directing the implementation of inspection conclusions.
19. Failing to settle or promptly settle complaints and denunciations arising from handling of administrative violations.
Article 23. Imposition of disciplinary sanctions upon public officials, civil servants and public employees committing violations arising from enforcement of laws on handling of administrative violations
1. Public officials, civil servants and public employees committing violations arising from enforcement of laws on handling of administrative violations may be subject to disciplinary sanctions prescribed in Article 24, 25, 26, 27, 28 and 29 herein, depending on nature and seriousness of their violations.
2. Principles, competence, processes, procedures and other contents related to the imposition of disciplinary actions upon public officials and civil servants committing violations arising from the enforcement of laws on handling of administrative violations shall be subject to laws on disciplinary actions against civil servants and public employees.
3. Acquiring, correcting and proactively relieving consequences by violating public officials, civil servants and public employees constitute aggravating or mitigating circumstances when applying disciplinary actions.
The consideration of decisions, aggravation or mitigation with respect to the imposition of disciplinary measures shall also be applied in case where acts of violations are committed due to objective circumstances or through faults of administrative violators.
4. Determination of authority over, processes, procedures for imposition of disciplinary actions against public officials committing violations arising from the enforcement of laws on handling of administrative violations shall be subject to laws.
Article 24. Reprimand
1. Disciplinary sanctions in the form of reprimand shall be imposed upon public officials or civil servants committing one of the violations arising from the enforcement of laws on handling of administrative violations, including:
a) Sanctioning administrative violations, applying remedial measures or applying administrative sanctions in an untimely, loose or ultra vires manner, or not according to procedures, or not to correct violators, as legally prescribed;
b) Failing to monitor, urge and inspect the compliance of sanctioned persons or entities to sanctioning decisions; the implementation of remedial measures by persons and entities;
c) Revealing information and documents about inspection conclusions even when none of official conclusions are drawn;
d) Insufficiently and inaccurately carrying out inspection conclusions;
2. Disciplinary sanctions in the form of reprimand shall be imposed upon public employees committing one of the violations arising from the enforcement of laws on handling of administrative violations, including:
a) Revealing information and documents about inspection conclusions even when none of official conclusions are drawn;
b) Insufficiently and inaccurately carrying out inspection conclusions;
c) Failing to settle or promptly settle complaints and denunciations arising from handling of administrative violations.
Article 25. Warning
1. Disciplinary sanctions in the form of warning shall be imposed upon public officials committing one of the violations arising from the enforcement of laws on handling of administrative violations, including:
a) Failing to sanction administrative violations; failing to apply remedial or mitigative measures or apply administrative sanctions to violators in accordance with law;
b) Applying sanctioning forms, rates, and remedial measures improperly and incompletely with respect to administrative violations;
c) Extending the duration of application of administrative actions;
d) Making unlawful intervention in the handling of administrative violations;
dd) Illegally intervening in inspection activities, taking advantage of their influence upon persons tasked with carrying out inspection activities;
e) Providing inaccurate and untrue information or documents related to the subject matters of the inspection;
g) Showing lack of responsibility for directing the implementation of inspection conclusions.
2. Disciplinary sanctions in the form of warning shall be imposed upon civil servants committing one of the violations arising from the enforcement of laws on handling of administrative violations, including:
a) Failing to sanction administrative violations; failing to apply remedial or mitigative measures or apply administrative sanctions to violators in accordance with law;
c) Extending the duration of application of administrative actions;
d) Making unlawful intervention in the handling of administrative violations;
dd) Illegally intervening in inspection activities, taking advantage of their influence upon persons tasked with carrying out inspection activities;
e) Providing inaccurate and untrue information or documents related to the subject matters of the inspection;
g) Failing to carry out inspection conclusions.
3. Disciplinary sanctions in the form of warning shall be imposed upon public employees committing one of the violations arising from the enforcement of laws on handling of administrative violations, including:
a) Making unlawful intervention in the handling of administrative violations;
b) Illegally intervening in inspection activities, taking advantage of their influence upon persons tasked with carrying out inspection;
c) Providing inaccurate and untrue information or documents related to the subject matters of the inspection;
d) Failing to carry out inspection conclusions;
dd) Using administrative fines, interest on late execution of fines, gains from sale or liquidation of confiscated material evidences, means of administrative violations and other amounts collected from sanctioning of administrative violations in contravention of the law on state budget.
4. Disciplinary sanctions in the form of warning shall be applied to civil servants holding leadership or managerial posts, or public employees holding managerial posts that show lack of responsibility for providing directions for the implementation of inspection conclusions.
Article 26. Lowering of pay levels
Disciplinary sanctions in the form of lowering of pay levels shall be imposed upon civil servants not holding managerial or leadership posts that commit acts of using administrative fines, interest on late execution of fines, gains from sale or liquidation of confiscated material evidences, means of administrative violations and other amounts collected from sanctioning of administrative violations in contravention of the law on state budget.
Article 27. Demotion
Disciplinary sanctions in the form of demotion shall be applied to civil servants holding leadership or managerial posts that fail to carry out inspection conclusions.
Article 28. Dismissal
1. Disciplinary sanctions in the form of dismissal shall be imposed upon public officials committing one of the violations arising from the enforcement of laws on handling of administrative violations, including:
a) Retaining violation cases suspected to have criminal signs so that they must be subject to administrative sanctions;
b) Using administrative fines, interest on late execution of fines, gains from sale or liquidation of confiscated material evidences, means of administrative violations and other amounts collected from sanctioning of administrative violations in contravention of the law on state budget;
c) Forging and falsifying records of administrative violations or documents stating application of administrative sanctions;
d) Opposing and obstructing persons performing inspection tasks, threatening or intimidating persons providing information and documents to inspection authorities or inspection teams, and causing trouble to inspection activities;
dd) Issuing, on an ultra vires basis, documents on administrative violations; on sanctioning competence, procedures, forms and remedial measures for respective acts of administrative violation arising from state management activities, and administrative actions;
e) Failing to carry out inspection conclusions;
g) Abusing positions and powers to harass, demand or receive money or property of violators; tolerating violators, screening them from administrative sanctions and constraining them from exercising their rights when imposing administrative sanctions.
2. Disciplinary sanctions in the form of dismissal shall be imposed on civil servants holding managerial or leadership posts that commit an act of issuing, on an ultra vires basis, documents on administrative violations; on sanctioning competence, procedures, forms and remedial measures for respective acts of administrative violation arising from state management activities, and administrative actions.
3. Disciplinary sanctions in the form of dismissal shall be imposed upon public employees committing one of the violations arising from the enforcement of laws on handling of administrative violations, including:
a) Issuing, on an ultra vires basis, documents on administrative violations; on sanctioning competence, procedures, forms and remedial measures for respective acts of administrative violation arising from state management activities, and administrative actions;
b) Failing to carry out inspection conclusions.
Article 29. Forced resignation
Disciplinary sanctions in the form of forced resignation shall be imposed upon civil servants and public employees committing one of the violations arising from the enforcement of laws on handling of administrative violations, including:
1. Retaining violation cases suspected to have criminal signs so that they must be subject to administrative sanctions;
2. Forging and falsifying records of administrative violations or documents stating application of administrative sanctions;
3. Opposing and obstructing persons performing inspection tasks, threatening or intimidating persons providing information and documents to inspection authorities or inspection teams, and causing trouble to inspection activities;
4. Abusing positions and powers to harass, demand or receive money or property of violators; tolerating violators, screening them from administrative sanctions and constraining them from exercising their rights when imposing administrative sanctions.
Tìm kiếm
Nghị định 19/2020/NĐ-CP (Bản Word)
Nghị định 19/2020/NĐ-CP (Bản Pdf)