Chapter VI
PROCEDURE FOR ADMINISTRATIVE SANCTIONS
Article 45.- Stoppage of the act of violation of administrative regulations
When an act of violation of administrative regulations is discovered, the authorized person to handle it must immediately order a halt to it.
Article 46.- The simplified procedure
In the event a violation of administrative regulations is given a sanction from warning to a fine of up to 20,000 VND, the authorized person who handles it must make the decision on the spot.
The decision on the fine must clearly indicate the full name and address of the offender and the fine, the place to pay the fine, and the full name of the authorized person. Copies of this decision shall be handed to the fined individual or organization and sent to the fine-collection authority.
Article 47.- Making records of the violations of administrative regulations
1. Upon discovering a violation of administrative regulations, the authorized person shall make a prompt record of it, except for cases where simplified procedure is applied.
2. The record of the violation of administrative regulations must clearly indicate its place and date of making; the full name and position of the person who makes it; the full name, address and occupation of the offending individual or organization; the place and date of the violation; the act of violation; the measures to prevent it and enforce the sanction (if any); the state of the temporarily seized material evidences (if any); the testimonies of the offenders or representatives of the offending organization; if there are witnesses, victims or representatives of the victimized organization, the record must clearly indicate their full names, addresses and testimonies.
3. The record must be made into at least two copies; signed by the record maker and the offender or representatives of the offending organization; if there are witnesses, victims or representatives of the offending organization, they are required to sign the record as well; if witnesses and victims refuse to sign the record, the reasons for their refusal must be clearly indicated in the record.
In the event the record contains more than one sheet, the specified persons in Item 3 of this Article shall sign on every sheet.
4. A copy of the completed record shall be handed to the offending individual or organization; if the record maker is not authorized to mete out a sanction, he/she shall send it to the person of authority.
Article 48.- The sanction decision
1. Within fifteen days from the date of the record on a violation of administrative regulations, the authorized person has to decide on sanctions against it; if the violation involves different complicated details, this period may be prolonged but may not exceed thirty days.
In sanctioning a person who has committed a violation of administrative regulations on different counts, the authority has to decide sanction for each and every of them; if the sanction is a fine, it shall be the sum total of the fine on each of the counts.
2. The sanction decision must clearly indicate its place and date of making; the full name and position of the decision maker; the full name and addresses of the offending individual or organization; the details related to the handling of the violation; the name of the articles of legal documents which are invoked for the sanction, the sanctioning measure; the additional sanctions, the measures to handle material evidences; the measures to overcome consequences (if any); the place and time for the sanction to be carried out, and the signature of the sanctioning authority.
The sanction decision must also indicate clearly that if the sanctioned individual or organization shall not willingly implement the sanction, it shall be forced on them; and the place and time where complaints can be lodged.
3. The sanction decision shall take effect from the date of its signing, unless otherwise provided for in the decision.
4. The sanction decision shall be sent to the offending individual or organization and the fine-collection authority within a period of three days from the date of the decision.
Article 49.- Fine procedure
1. Any fine which goes over 20,000 VND must be handled in strict accordance with the provision of Articles 47 and 48 of this Ordinance.
2. The fined individuals and organizations, including those fined on simplified procedure, shall pay their fine at places indicated in the sanction decision and, in doing so, they shall be given receipts for it.
3. The collected fine shall be placed into the State budget through its account at the State Treasury.
4. A copy of the sanction decision with fines of up to 2,000,000 VND and more must be sent to the People's Procuracy of the same level.
5. No on-the-spot collection of fine is allowed.
6. The Government shall provide details of the fine-paying procedure and the handling of the receipts and collected fines.
Article 50.- Procedure for revoking the right to use permits
1. In administering sanction in the form of revoking the right to use a permit, the administering authority shall indicate clearly in the sanction decision the name, category and serial number of the revoked permit, the effective time of the revocation and shall immediately notify the issuing office of the permit of its revocation.
2. In the event the revocation is definite, when it expires as indicated in the sanction decision, the revoking authority shall return the permit to the individual or organization that is permitted to use it.
3. When a permit is found to have been issued improperly or containing unlawful content, the sanctioning authority shall immediately seize it and at the same time notify the seizure to the proper State authority.
Article 51.- Procedure for confiscation of material evidences involved in violation of administrative regulations
1. In administering sanctions in the form of confiscation of material evidences involved in a violation of administrative regulations, the administering authority shall make a minute which indicates clearly the names, volumes and categories of the confiscated materials, their serial numbers (if any), their state of quality, the signatures of those who carry out the confiscation, the subjects of the sanction or representatives of the sanctioned organization and the witnesses.
In the event the confiscated materials have to be sealed off, the sealing must be conducted in the presence of the subjects of the sanction, representatives of the sanctioned organization and the witnesses.
2. The decision to confiscate the material evidences involved in the violation of administrative regulations, which are valued at 5,000,000 VND and more, shall be sent immediately to the People's Procuracy of the same level.
Article 52.- The handling of material evidences involved in violation of administrative regulations
1. For material evidences which are involved in violation of administrative regulations and which are to be confiscated for State Treasury, the handling authority is responsible for keeping and transferring them to the Financial Service of district or higher level. The Financial Service shall set up a Council to evaluate the confiscated materials and put them on auction. The proceedings from the auction shall be remitted to the State budget through its account at the State Treasury.
2. For material evidences which are depraved cultural products, or fake goods with no use value, or products harmful to human health and life and the environment, the handling authority shall call a Council to carry out their destruction. Depending on the nature of the material evidences, this Council shall be composed of representatives of the State office of the handling authority and other concerned authorities. The destruction of the material evidences involved in violation of administrative regulations must be recorded in minutes which shall bear the signatures of the members of the handling Council.
3. For material evidences which are commodities and products which are easily perishable, the handling authority shall make a minute of them and put them immediately on sale. The proceeds from this sale shall be remitted to the State budget through its account at the State Treasury.
4. For material evidences involved in violation of administrative regulations, with the exception of those stipulated in Items 2 and 3 or this Article, which are not clear to whom they belong, the handling authority shall make notice about them on mass media and in public postings; after a period of thirty days from the notification and public posting, if it is still impossible to identify their owner, the handling authority shall transfer them to the Financial Service of district or higher level to be handled according to the provision of Item 1 of this Article.
Article 53.- Transferring a dossier on violation of administrative regulations to examination for penal liability
When it appears that an act of violation of administrative regulations contains signs of a criminality, the handling authority shall immediately transfer the case and its dossier to the penal authority for continued handling.
Absolute prohibition applies to all acts of keeping cases with signs of criminal action for administrative sanction.
Article 54.- Executing sanctions on violation of administrative regulations
1. Individuals and organizations that are sanctioned administratively shall execute the sanctions within five days from the date the sanction decisions are delivered to them, except for cases otherwise provided by law.
2. Individuals and organizations that are sanctioned administratively and that intentionally refuse to execute the sanction decisions shall be forced to do so.
3. The sanctioned organizations shall execute the sanction decisions and, at the same time, seek to define the faults directly committed by their members while they are on their assigned duties so as to determine their responsibility and force them to compensate in accordance with the provisions of law.
Article 55.- Enforcement of the decisions to sanction violations of administrative regulations
1. Individuals and organizations that commit acts of violation of administrative regulations and that are not willing to carry out the sanction decisions handed to them shall be compelled to execute them by one of the following measures:
a) To deduct part of their salaries or income, or their bank accounts;
b) To confiscate their properties which have a total value equal to the amount spelled by the sanction and put them on auction;
c) To apply other measures to enforce the sanction decision.
2. The handling authority has the right to decide on enforcement measures and shall organize their execution.
3. The People's Police has the responsibility to execute the enforcement decision made by the People's Committee of the same level and shall, at the request of other State agencies, coordinate with them in organizing the execution of their enforcement decisions.
4. The individuals and organizations that are subject to enforcement shall bear all the expenses incurred by the execution of enforcement measures.
5. The procedures for application of enforcement measures specified in Item 1 of this Article and of the additional sanctions and other damage control measures shall be provided for by the Government.
Article 56.- Effective time for execution of sanction on violation of administrative regulations
The decision to sanction violations of administrative regulations shall expire in one year from the date of issue; the effective time specified in this Article shall not apply to cases in which the sanctioned individual or organization intentionally tries to evade and delay its execution.
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Pháp lệnh xử lý vi phạm hành chính năm 1995 (Bản Word)