Chương 3 Nghị định 53/2007/NĐ-CP: Thẩm quyền, thủ tục xử phạt vi phạm hành chính

Chapter III

COMPETENCE TO SANCTION AND PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS

Section 1. COMPETENCE TO SANCTION ADMINISTRATIVE VIOLATIONS

Article 48.- Competence of People's Committees at all levels to sanction administrative violations

1. Presidents of commune, ward or township People's Committees have the power:

a/ To impose cautions;

b/ To impose fines of up to VND 500,000.

2. Presidents of People's Committees of rural districts, urban districts, towns or provincial cities have the power:

a/ To impose cautions;

b/ To impose fines of up to VND 20,000,000.

c/ To apply additional sanctions and other measures stipulated in this Decree.

3. Presidents of People's Committees of provinces or centrally run cities have the power:

a/ To impose cautions;

b/ To impose fines of up to the level specified at Point b, Clause 1, Article 5 of this Decree.

c/ To apply additional sanctions and other measures stipulated in this Decree.

Article 49.- Competence of planning and investment inspectors to sanction administrative violations

1. Planning and investment inspectors on duty have the power:

a/ To impose cautions;

b/ To impose fines of up to VND 200,000.

c/ To apply additional sanctions and other measures stipulated in this Decree.

2. Chief inspectors of provincial-level Planning and Investment Services have the power:

a/ To impose cautions;

b/ To impose fines of up to VND 20,000,000.

c/ To apply additional sanctions and other measures stipulated in this Decree.

3. The chief inspector of the Ministry of Planning and Investment has the power:

a/ To impose cautions;

b/ To impose fines of up to the level specified at Point b, Clause 1, Article 5 of this Decree.

c/ To apply additional sanctions and other measures stipulated in this Decree.

Article 50.- Sanctioning competence of specialized inspectorates

Other specialized inspectorates are competent to sanction administrative violations in the planning and investment domain like the planning and investment inspectorate under the provisions of this Decree within the scope of planning and investment management competence of ministries, branches and localities stipulated by the Government.

Article 51.- Sanctioning competence of other agencies

Apart from persons competent to sanction administrative violations specified in Article 48, Article 49 and Article 50 of this Decree, persons competent to sanction administrative violations prescribed in the Ordinance on Handling of Administrative Violations who, within their assigned functions and tasks, detect acts of administrative violation specified in this Decree falling into the domain or committed in the geographical areas under their management may impose sanctions for those acts under the provisions of this Decree and the Ordinance on Handling of Administrative Violations.

Article 52.- Authorization of competence to sanction administrative violations related to planning and investment

When a competent person specified in Article 48, Article 49, Article 50 or Article 51 of this Decree is absent, his/her deputy shall be authorized to sanction administrative violations and take responsibility for his/her decisions.

Article 53.- Principles of determination of competence

1. Presidents of People's Committees at all levels are competent to sanction acts of violation under the provisions of this Decree within the scope of their state management in localities.

2. The competence of specialized inspectorates and other agencies is determined in Article 48, Article 49 and Article 50 of this Decree.

An act of administrative violation that falls under the sanctioning competence of more than one person shall be sanctioned by the person who first deals with it.

3. The sanctioning competence of persons specified in Article 48, Article 49, Article 50 and Article 51 of this Decree is applied to one act of administrative violation. In case of fine, the sanctioning competence is determined based on the maximum level of the fine bracket applicable to each specific act of violation.

4. In case of sanctioning an organization or individual committing more than one act of administrative violation, the sanctioning competence is determined on the following principles:

a/ If all the form and level of sanction applicable to each act fall under the competence of the sanctioning person, this person is competent to sanction all of these acts;

b/ If the form and level of sanction applicable to one of these acts fall beyond the competence of the sanctioning person, this person shall transfer the violation case to authorities with sanctioning competence.

Section 2. PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS

Article 54.- Stoppage of acts of violation

Upon detecting an act of administrative violation, the person with sanctioning competence shall issue a written decision to immediately stop this act.

Article 55.- Sanctioning according to simplified procedures

Sanctioning according to simplified procedures is applicable to acts of administrative violation subject to caution or a fine of up to VND 100,000. In this case, the person with sanctioning competence shall issue an on-site sanctioning decision without having to make a written record.

Article 56.- Time limit for issuance of sanctioning decisions

1. For simple cases involving apparent acts of violation, which need no further verification, sanctioning decisions shall be issued within 10 days from the date of making of written records of administrative violations. Sanctioning decisions must be made according to a prescribed form.

2. For cases involving complicated circumstances, such as exhibits and means to be surveyed, violators to be identified or other complicated circumstances, the time limit for issuing sanctioning decisions is 30 days from the date of making of written records.

3. When needing more time for verification and collection of evidence, at least 10 days before the end of the time limit specified in Clause 2 of this Article, the person with sanctioning competence shall report in writing to his/her immediate superior officer, asking for permission for extension; extension must be expressed in writing and not exceed 30 days.

Article 57.- Making of records of administrative violations

Records of acts of administrative violations shall be made under the provisions of Article 55 of the Ordinance on Handling of Administrative Violations and Article 20 of the Government's Decree No. 134/2003/ND-CP of November 14, 2003, detailing the implementation of a number of articles of the Ordinance on Handling of Administrative Violations.

Article 58.- Compliance with sanctioning decisions and enforcement of sanctioning decisions

Within 10 working days from the date of receiving a sanctioning decision, the sanctioned organization or individual shall comply with the sanctioning decision, pay the fine at the place indicated in the sanctioning decision and be given a receipt thereof.

Fines collected for administrative violations shall be managed and used under the Government's Decree No. 124/2005/ND-CP of October 6, 2005, on receipts of fines and management and use of fines paid for administrative violations.

A sanctioned organization or individual who fails to voluntarily comply with the sanctioning decision shall be forced to comply with the decision under the provisions of Article 66 of the Ordinance on Handling of Administrative Violations and the Government's Decree No. 37/2005/ND-CP of March 18, 2005, stipulating procedures for application of measures to enforce decisions on sanctioning administrative violations.