Ordinance No. 03/2022/UBTVQH15 on the Procedures for Considering and Deciding to Apply Administrative Sanctions at People's Courts

ORDINANCE

PROCEDURE AND PROCEDURES FOR CONSIDERING AND DECIDING ON THE APPLICATION OF ADMINISTRATIVE SANCTIONS AT PEOPLE'S COURTS

On the basis of the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on Handling Administrative Violations No. 15/2012/QH13 amended and supplemented by some articles according to Law No. 54/2014/QH13, Law No. 18/2017/QH14, and Law No. 67/2020/QH14;

The Standing Committee of the National Assembly promulgates this Ordinance on the procedure and procedures for considering and deciding on the application of administrative sanctions at People's Courts.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Ordinance stipulates the procedure and procedures for People's Courts to consider and decide on the application of administrative sanctions involving placement in educational facilities, compulsory education facilities, and compulsory drug rehabilitation facilities (hereinafter referred to as administrative sanctions); the procedure and procedures for considering and deciding on the suspension, exemption from execution, reduction of duration, temporary suspension, or exemption from execution of the remaining period of administrative sanctions; complaints, suggestions, appeals, and resolution of complaints, suggestions, and appeals in the application of administrative sanctions.

Article 2. Principles for Considering and Deciding on the Application of Administrative Sanctions

1. The consideration and decision on the application of administrative sanctions must ensure the principles prescribed in Clause 2, Article 3 of the Law on Handling Administrative Violations; for minors, it must also be conducted promptly and timely, ensuring friendly procedures suitable to their psychology, gender, age, level of maturity, cognitive ability, and the principles of handling violations prescribed in Clauses 1, 2, 4, and 5 of Article 134 of the Law on Handling Administrative Violations.

2. Ensuring the right of the person proposed to apply administrative sanctions (hereinafter referred to as the proposed person) to participate and present opinions before the Court in accordance with the provisions of this Ordinance.

3. Ensuring the right to protect the legitimate rights and interests of the proposed person.

The proposed person, parents, or guardians of the proposed minor have the right to protect the legitimate rights and interests of the proposed person themselves or through a lawyer or another person. If the proposed person falls within the category eligible for legal aid, they may request the organization implementing legal aid to protect their legitimate rights and interests in accordance with the provisions of the Legal Aid Law.

In cases where the proposed person is a minor without a protector of their legitimate rights and interests, the Court shall require the organization implementing legal aid to assign a legal aid officer or lawyer in accordance with the Legal Aid Law or the Bar Association to designate a law firm to assign a lawyer to protect their legitimate rights and interests.

4. The consideration and decision on the application of administrative sanctions shall be carried out by one Judge. When considering and deciding on the application of administrative sanctions, the Judge acts independently and only adheres to the law. Ensuring the impartiality of the person conducting the hearing to consider and decide on the application of administrative sanctions.

5. The language and writing used in the consideration and decision on the application of administrative sanctions at the Court shall be Vietnamese. The proposed person or their lawful representative has the right to use their own language and writing, in which case there must be an interpreter.

6. Ensuring the right to be considered at two levels in the consideration and decision on the application of administrative sanctions.

1. The competence of the People's Court at district, city district, provincial city, centrally governed city level (hereinafter referred to as the People's Court at district level) to examine and decide on the application of administrative handling measures is defined as follows:

a) The People's Court at district level where the agency proposing the application of administrative handling measures (hereinafter referred to as the proposer) has its headquarters, except for cases stipulated in point b of this clause;

b) The People's Court at district level where the person being proposed has committed violations, in cases where the proposer is the Public Security School at district level or the Director of Public Security at provincial level as prescribed in Clause 2, Article 99, Clause 1, Article 100, Clause 2, Article 101, and Clause 1, Article 102 of the Law on Handling Administrative Violations.

2. The People's Court at provincial level, centrally governed city level (hereinafter referred to as the People's Court at provincial level) has the authority to review decisions of the People's Court at district level that have been appealed, reported, or protested.

Article 4. Supervision of the examination and decision on the application of administrative handling measures

1. The People's Procuracy supervises the legality of actions and decisions of the People's Court, agencies, organizations, and individuals in examining and deciding on the application of administrative handling measures as prescribed in this Ordinance; implements the right to request, report, and protest to ensure timely and lawful resolution.

2. The People's Procuracy participates in meetings; participates in reviewing the suspension, exemption, reduction, or temporary cessation of enforcement of decisions on the application of administrative handling measures as prescribed in this Ordinance.

3. After receiving the notification of acceptance of the file from the same-level People's Court, the Procuracy has the right to study the case file at the People's Court that accepted the file, and has the right to copy the case file.

Article 5. Responsibilities of agencies, organizations, and individuals in examining and deciding on the application of administrative handling measures

1. Agencies, organizations, and individuals shall not interfere illegally in the People's Court's examination and decision on the application of administrative handling measures.

2. Within their scope of duties and powers, agencies, organizations, and individuals have the responsibility to cooperate with the People's Court in examining and deciding on the application of administrative handling measures when requested by the People's Court.

3. Decisions of the People's Court that have taken legal effect must be enforced and respected by agencies, organizations, and individuals. Agencies, organizations, and individuals related to the matter must comply with the People's Court's decisions and bear legal responsibility for such compliance.

Article 6. Management responsibilities for the work of examining and deciding on the application of administrative handling measures

Within the scope of their functions, tasks, and powers, the Supreme People's Court manages the work of examining and deciding on the application of administrative handling measures by courts and has the following tasks and powers:

1. To take the lead and coordinate in issuing, proposing to issue, and submitting to competent authorities for issuance normative legal documents on procedures and processes for examining and deciding on the application of administrative handling measures;

2. To organize statistics, build, and manage databases on examining and deciding on the application of administrative handling measures;

3. To take the lead and coordinate in guiding, training, and enhancing professional skills in implementing legal provisions on examining and deciding on the application of administrative handling measures;

4. To inspect the implementation of laws on handling administrative violations in the process of examining and deciding on the application of administrative handling measures by courts;

5. To regularly submit annual reports on the work of examining and deciding on the application of administrative handling measures by courts to the Ministry of Justice; to direct lower-level People's Courts to implement reporting and providing information on examining and deciding on the application of administrative handling measures as prescribed in Clause 4, Article 17 of the Law on Handling Administrative Violations.

Article 7. Costs and Fees in Considering and Deciding on Administrative Sanctions

1. The costs in considering and deciding on administrative sanctions include:

a) Costs for interpreters and translators;

b) Costs for lawyers and legal aid assistants who protect the legitimate rights and interests of the person proposed;

c) Appraisal costs and other costs as prescribed by law.

2. The costs in considering and deciding on administrative sanctions as stipulated in Clause 1 of this Article shall be implemented in accordance with the provisions of the law on litigation costs.

3. The responsibility for paying the costs in considering and deciding on administrative sanctions is specified as follows:

a) The costs prescribed in points a and b of Clause 1 of this Article, if the proposed person, their parents, or guardians of the proposed person who is not yet of age request it themselves, they shall bear the costs themselves, except where otherwise provided by law;

b) The costs prescribed in Clause 1 of this Article, if requested by the Court, shall be borne by the Court, except in the case prescribed in point c of this clause;

c) The costs prescribed in point b of Clause 1 of this Article for legal aid assistants and lawyers assigned by the organization providing legal aid shall be implemented in accordance with the provisions of the law on legal aid.

4. Fees for issuing copies of documents and reproducing materials at the Court shall be carried out in accordance with the provisions of the law on court fees and litigation fees.

Chapter II

PROCEDURE AND PROCEDURAL REQUIREMENTS FOR CONSIDERING AND DECIDING ON ADMINISTRATIVE SANCTIONS

Article 8. Time Limit for Considering and Deciding on Administrative Sanctions

Within fifteen days from the date the Court accepts the application file for applying administrative sanctions (hereinafter referred to as the application file), the Court must issue one of the decisions prescribed in point k, Clause 3, Article 21 of this Ordinance; for cases requiring time for inspection, evaluation, and consultation with specialized agencies or other complex cases, this period may be extended but shall not exceed thirty days.

Article 9. Acceptance and Registration of Application Files for Applying Administrative Sanctions

1. Upon receipt of the application file, the Court must record it in the handover book. In case the application file lacks the required documents as stipulated in Clause 2, Article 100, Clause 2, Article 102, or Clause 2, Article 104 of the Law on Handling Administrative Violations, within two working days, the Court shall return the application file and specify the reasons in writing.

2. Within one working day from the date of receiving the complete application file, the Court must register and assign a Judge to consider and resolve the matter.

Article 10. Assignment of Judges to Consider and Decide on Administrative Sanctions

1. Within the time limit prescribed in Clause 2, Article 9 of this Ordinance, the Chief Justice of the Court assigns a Judge to consider and decide on administrative sanctions. For the consideration and decision on placing in a juvenile education facility, the assigned Judge must be someone who has been trained or has experience in handling cases related to minors or has necessary knowledge about psychology and educational science for minors.

2. The assigned Judge must refuse to consider and decide on administrative sanctions if they fall under one of the cases prescribed in Article 11 of this Ordinance.

3. If the assigned Judge cannot continue to perform the task or falls under the case where refusal is required, the Chief Justice of the Court assigns another Judge to consider and decide on administrative sanctions.

Article 11. Cases where a Judge must be refused or replaced, and a Clerk of the Session must be changed

1. Is a close relative of the person proposed.

2. Has already examined and decided on the application of administrative handling measures in the same case.

3. Has already handled complaints, suggestions, or protests against decisions on the application of administrative handling measures in the same case.

4. Has clear grounds to believe that they may not be impartial while performing their duties.

Article 12. Notification of Acceptance of the Proposal Application File

1. Within two working days from the date of accepting the proposal application file, the Court must notify in writing about the acceptance of the proposal application file to the proposer, the proposed person, the parents or guardians of the proposed person who is a minor, the lawful representative of the proposed person (if any), and the same-level People's Procuracy.

2. The notification document must include the following main contents:

a) Date of issuance of the notification document;

b) Name of the Court accepting the proposal application file;

c) Number, date, month, year of accepting the proposal application file;

d) Full name, position, agency name of the proposer; full name of the authorized person (if any);

đ) Full name, date of birth, gender, place of residence, personal identification number, identity card or citizen identification card (if any) of the proposed person;

e) The administrative handling measure proposed for application.

Article 13. Examination of the Proposal Application File for Administrative Handling Measures

1. The assigned Judge must examine the proposal application file regarding the following contents:

a) Documents in the proposal application file as prescribed in Clause 2 of Article 100, Clause 2 of Article 102, or Clause 2 of Article 104 of the Law on Handling Administrative Violations;

b) Time limit for applying administrative handling measures as prescribed in Points b, c, d, and đ of Clause 2 of Article 6 of the Law on Handling Administrative Violations;

c) The proposed subject, authority, procedure, and process for establishing the proposal application file for administrative handling measures.

2. In cases where it is necessary to clarify the health status, psychological state, living conditions, study, and work conditions of the proposed person, the Judge may seek opinions from medical experts, psychologists, educators, sociologists, representatives of agencies or organizations where the proposed person works, representatives of schools where the proposed person studies, representatives of the People's Committee of the commune, representatives of the Vietnam Fatherland Front Committee at the commune level and its member organizations where the proposed person resides, and other agencies, organizations, or individuals.

3. The Judge shall issue a document requesting the organization providing legal aid to assign a legal aid officer, lawyer, or the Bar Association to assign a lawyer in cases where the proposed person is a minor as stipulated in Clause 3 of Article 2 of this Ordinance.

4. Within three working days from the date of assignment, based on the results of examining the file, the Judge must decide on one of the following contents:

a) Request for additional documents;

b) Suspend or temporarily suspend the examination and decision on the application of administrative handling measures;

c) Open a session to examine and decide on the application of administrative handling measures.

Article 14. Right to Provide Documents of the Proposed Person

1. From the date of receiving the notification of acceptance of the proposal application file until the time the Court opens the session and during the session, the proposed person, the parents or guardians of the proposed person who is a minor, the lawful representative of the proposed person (if any), and the person protecting the legitimate rights and interests of the proposed person have the right to provide documents to the Court that has accepted the file.

2. Providing documents can be carried out through the following methods: submitting directly to the Court; sending to the Court via postal service; sending online electronically through the Court's electronic portal (if available).

Article 15. Request for Supplementing Documents

1. The Judge shall request the person making the application to supplement documents in the following cases:

a) The application file contains unclear or conflicting documents that need to be supplemented and clarified;

b) There is a violation of the procedures or formalities for preparing the application file.

2. The request document must clearly state the documents needed to be supplemented and the reasons for the request.

3. The deadline for supplementing documents is two working days from the date of receipt of the request; for cases requiring time for inspection, evaluation, or seeking opinions from specialized agencies, or other complex cases, the Judge may decide that the deadline for supplementing documents shall not exceed five working days. The person requested must submit the supplementary documents to the Court; if unable to supplement the documents, they must respond or explain in writing and provide the reasons.

4. Within one working day from the date of receiving the supplementary documents or from the expiration date specified in Clause 3 of this Article, if the person requested does not supplement the documents, the Judge shall issue a decision to convene a meeting to consider and decide on the administrative handling measures.

Article 16. Suspension or Temporary Suspension of Consideration and Decision on Administrative Handling Measures

1. The Judge shall issue a decision to suspend the consideration and decision on administrative handling measures when there is one of the following grounds:

a) The time limit for applying administrative handling measures prescribed in points b, c, d, and đ of Clause 2 of Article 6 of the Law on Handling Administrative Violations has expired;

b) The person proposed has died;

c) The person proposed does not fall within the category of persons subject to administrative handling measures prescribed in Clauses 1, 2, 3, and 4 of Article 92, Clause 1 of Article 94, or Clause 1 of Article 96 of the Law on Handling Administrative Violations;

d) The person proposed falls within the case prescribed in Clause 5 of Article 92, Clause 2 of Article 94, or Clause 2 of Article 96 of the Law on Handling Administrative Violations;

đ) The proposer withdraws the proposal;

e) The person proposed has been sentenced to criminal punishment by a court with legal effect for the act proposed to be subject to administrative handling measures;

g) The person proposed is serving a prison sentence, awaiting execution of a prison sentence, or a death penalty according to a court judgment with legal effect;

2. The Judge shall issue a decision to temporarily suspend the consideration and decision on administrative handling measures when there is one of the following grounds:

a) The act of violating the law by the person proposed indicates a crime and the Court must transfer the file to the competent authority for criminal proceedings to examine or the person proposed is being criminally prosecuted for that act;

b) When new circumstances regarding the health or mental condition of the person proposed arise and require the proposer to conduct an expert appraisal.

3. Within two working days from the date the grounds for temporary suspension stipulated in Clause 2 of this Article no longer exist, the Court shall issue a decision to continue considering and deciding on administrative handling measures or to issue a decision to suspend the consideration and decision on administrative handling measures in accordance with this Ordinance.

Article 17. Decision to convene a session to consider and decide on the application of administrative handling measures

1. Within seven working days from the date of issuing the decision to convene a session, the Court must convene a session to consider and decide on the application of administrative handling measures.

2. The decision to convene a session shall include the following main contents:

a) Full name, date of birth, gender, place of residence, personal identification number, identity card or citizen identification card (if available) of the person proposed; full name and place of residence of the legitimate representative of the person proposed (if any);

b) Full name and place of residence of the parents or guardian of the proposed person who is a minor;

c) Full name, position, agency name of the proposer; full name of the authorized person (if any);

d) The administrative handling measure proposed;

đ) Date, month, year, location for convening a direct or online session;

e) Full name of the Judge, Session Secretary;

g) Full name of the person protecting the legitimate rights and interests of the proposed person;

h) Full name of the interpreter (if any);

i) Full name of other persons requested to participate in the session (if any).

3. At least three working days before convening the session, the decision to convene a session must be sent to the persons specified in points a, b, c, g, h, and i of Clause 2 of this Article and the same-level People's Procuracy.

Article 18. Composition of the session

1. The session chairpersons consist of the Judge and the Session Secretary.

2. Participants in the session include the proposer or the authorized person; Prosecutor; the proposed person, the legitimate representative of the proposed person (if any); parents or guardians of the proposed person who is a minor; the person protecting the legitimate rights and interests of the proposed person.

3. In case of necessity, the Court may request the presence of the appraiser, interpreter, translator, medical, psychological, educational, sociological experts, representatives of the organization or entity where the proposed person works, representatives of the school where the proposed person studies, representatives of the People's Committee of the commune, representatives of the Vietnam Fatherland Front Committee at the commune level and its member organizations where the proposed person resides, and other participants in the session to present their opinions to clarify related issues. A child protection worker participates in the session in accordance with Article 72, Clause 3 of the Law on Children.

Article 19. Rights and obligations of session participants

1. Request to change the session chairperson.

2. To know, read, record, copy, and view documents in the proposal file.

3. To provide documents, explain, present opinions, and debate at the session in accordance with the provisions of this Ordinance.

4. To receive decisions of the Court.

5. To lodge complaints, proposals, and appeals in accordance with the provisions of this Ordinance.

6. Must be present at the session upon the Court's request.

7. To respect the Court and comply with the session rules.

8. To comply with the Court's decisions that have taken legal effect.

9. Other rights and obligations as prescribed by law.

Article 20. Participation in the session to consider and decide on the application of administrative handling measures

1. Participants in the session as stipulated in Clause 2 of Article 18 of this Ordinance must be present at the session; if the proposer or the authorized person, or the Prosecutor is absent, the Court will postpone the session.

2. If the proposed person, the legitimate representative of the proposed person (if any), the parents or guardian of the proposed person who is a minor, or the person protecting the legitimate rights and interests of the proposed person are absent for the first time with a valid reason, the Court may postpone the session; if there is no valid reason or a request to consider absence or if they are absent for the second time, the Court will still proceed with the session.

3. If the interpreter is absent without another person being able to replace them immediately, the Court will postpone the session.

4. The postponement period shall not exceed five working days from the date of the postponement notice. The Court must notify the postponement of the session to the participants in the session as stipulated in Clause 1 of this Article and clearly state the reason for the postponement, the time to reconvene the session. For those absent from the session, the Court must immediately send a written notification to them after the session is postponed.

Article 21. Meeting to consider and decide on the application of administrative handling measures

1. The meeting to consider and decide on the application of administrative handling measures shall be organized either directly or online.

2. Prior to opening the meeting, the Clerk of the meeting shall perform the following tasks:

a) Check the presence of those persons required to attend the meeting by the Court; if anyone is absent, the reasons must be clarified and reported to the Judge for further consideration of continuing the meeting or postponing it;

b) Announce the rules of the meeting.

3. The procedure for the meeting shall be conducted as follows:

a) The Judge declares the opening of the meeting;

b) The Judge must explain the rights and obligations of the participants in the meeting. In case there is a request to change the Judge or the Clerk of the meeting, the Judge must examine it; if it falls under the circumstances stipulated in Article 11 of this Ordinance, the meeting shall be temporarily suspended and reported to the Chief Justice of the Court for examination and decision. If the Judge needs to be changed, the meeting shall be postponed; if the Clerk of the meeting cannot be replaced by another Clerk, the meeting shall be postponed. The postponement of the meeting shall be carried out according to the provisions of Clause 4, Article 20 of this Ordinance;

c) The person making the proposal or the authorized representative presents the content of the proposal;

d) The person proposed, the legal representative of the person proposed (if any), parents or guardians of the person proposed who is a minor present their opinions on the content of the proposal;

đ) The person making the proposal or the authorized representative; the person proposed, the legal representative of the person proposed (if any); parents or guardians of the person proposed who is a minor; the person protecting the legitimate rights and interests of the person proposed present their opinions on the grounds for applying administrative handling measures or community-based educational measures as a substitute for placement in a reformatory school; the background of the person proposed; aggravating or mitigating circumstances; forms and measures of education already applied; proposals or non-proposals to apply administrative handling measures; the duration of applying administrative handling measures or community-based educational measures;

e) The appraiser, medical, psychological, educational, sociological experts, representatives of the school where the person proposed studies, representatives of the agency or organization where the person proposed works, representatives of the People's Committee of the commune, representatives of the Vietnam Fatherland Front Committee at the commune level and other organizations affiliated with the Front where the person proposed resides, and other participants in the meeting present their opinions to clarify related issues. The social worker responsible for child protection at the commune level participates in the meeting and presents their opinion on child protection;

g) The Judge asks the person making the proposal or the authorized representative; the person proposed, the legal representative of the person proposed (if any); parents or guardians of the person proposed who is a minor and other participants in the meeting to clarify related issues;

h) The person proposed, the legal representative of the person proposed (if any); parents or guardians of the person proposed who is a minor; the person protecting the legitimate rights and interests of the person proposed debate related issues with the person making the proposal or the authorized representative. The debate is conducted under the direction of the Judge. Participants in the debate have the right to respond to the opinions of others. The Judge conducting the meeting does not limit the time for debate, creating conditions for them to fully debate and present their opinions; has the right to request the cessation of opinions unrelated to the case or repeated opinions;

i) The Prosecutor expresses their opinion on the legality of the actions and decisions of the Court, agencies, organizations, or individuals in considering and deciding on the application of administrative handling measures as prescribed by this Ordinance;

k) The Judge decides to apply or not apply administrative handling measures; decides to suspend or temporarily suspend the consideration and decision on the application of administrative handling measures if they fall under the circumstances stipulated in Article 16 of this Ordinance and announces the content of the decision immediately at the meeting. In cases where the Judge decides not to apply administrative handling measures but applies community-based educational measures as a substitute for placement in a reformatory school as prescribed in Article 140a of the Law on Handling Administrative Violations, the decision to apply community-based educational measures shall be announced.

4. The meeting to consider and decide on the application of placement in a reformatory school, in addition to implementing the provisions of Clauses 1, 2, and 3 of this Article, must also be organized in a friendly manner, ensuring the legitimate rights and interests of the person proposed; ensuring the best interests of the person proposed. The meeting room shall be arranged in a friendly and safe manner. The Judge assigned to conduct the meeting shall wear the administrative uniform of the Court. Parents or guardians, legal representatives of the person proposed (if any) support the person proposed during the meeting. Questions asked to the person proposed must be appropriate to their psychology, age, level of development, cultural level, and understanding. Questions should be short, simple, easy to understand, and not ask multiple questions at once.

Article 22. Minutes of the Meeting

The minutes of the meeting to consider and decide on the application of administrative handling measures must clearly record the date, month, year, and location of the meeting; the participants in the meeting; the content and proceedings of the meeting; the decision of the Judge.

After the meeting concludes, the Judge must review the minutes, and sign them together with the Clerk of the meeting.

The Prosecutor, the person proposed, the legally authorized representative of the proposed person (if any), the parents or guardian of the proposed person who is a minor, the defender of the rights and legitimate interests of the proposed person, the proposer or the person authorized may view the minutes of the meeting, have the right to request amendments and supplements to be recorded in the minutes of the meeting and sign to confirm.

Article 23. Content of the Decision to Apply or Not Apply Administrative Handling Measures and Other Decisions

The decisions prescribed in point k, Clause 3, Article 21 of this Ordinance must include the following main contents:

1. Number, date, month, and year of the decision;

2. Name of the Court issuing the decision;

3. Full name of the Judge, Clerk of the meeting;

4. Full name of the Prosecutor participating in the meeting;

5. Full name, position, name of the agency of the proposer; full name of the person authorized (if any);

6. Full name, date of birth, gender, personal identification number, identity card or citizen identification card (if any), place of residence, occupation, educational level of the proposed person; full name, place of residence of the legally authorized representative of the proposed person (if any), the defender of the rights and legitimate interests of the proposed person;

7. The measure proposed for application;

8. Reasons and bases for the decision;

10. Responsibilities of agencies, organizations, and individuals executing the decision;

11. Rights to appeal, make representations, or lodge protests against the decision;

12. Effectiveness of the decision;

13. Recipients of the decision

Article 24. Legal Effectiveness of Court Decisions

1. The decision to apply or not apply administrative handling measures, the decision to apply community-based education measures, the decision to suspend or temporarily suspend the consideration and decision on applying administrative handling measures shall take legal effect from the day after the expiration of the appeal, representation, protest period stipulated in Article 32 of this Ordinance without any appeals, representations, or protests.

2. The decisions of the Court prescribed in this Chapter, except for the decisions prescribed in paragraph 1 of this Article, shall take legal effect from the date of issuance of the decision.

Article 25. Sending the Court's Decision

1. Within two working days from the date of publication or issuance of the decision to apply or not apply administrative handling measures, the decision to apply community-based educational measures, or the decision to suspend or temporarily suspend the examination and application of administrative handling measures, the Court must send the decision to the persons specified in Clauses 1, 2, and 4 of Article 31 of this Ordinance.

2. The sending of the effective legal administrative handling measure application decision for enforcement shall be carried out in accordance with the provisions of Article 107 of the Law on Handling Administrative Violations. The sending of the effective legal community-based educational measure application decision for enforcement shall be carried out in accordance with the provisions of Clause 4 of Article 140a of the Law on Handling Administrative Violations.

Article 26. Management of Files for Examination and Decision on Application of Administrative Handling Measures

Documents and texts during the examination and decision-making process on the application of administrative handling measures must be compiled into files, numbered, and stored in accordance with the provisions of the law.

Chapter III

PROCEDURE AND PROCEDURES FOR EXAMINING AND DECIDING ON SUSPENSION OR EXEMPTION FROM ENFORCEMENT; REDUCTION OF TIME LIMITS, TEMPORARY SUSPENSION OR EXEMPTION FROM ENFORCEMENT OF THE REMAINING APPLICATION PERIOD OF ADMINISTRATIVE HANDLING MEASURES

Article 27. Acceptance and Processing of Applications for Suspension or Exemption from Application of Administrative Handling Measures

1. When there is one of the grounds stipulated in Clause 1 and Clause 2 of Article 111 of the Law on Handling Administrative Violations, the person subject to enforcement of the decision to apply administrative handling measures or their lawful representative has the right to submit an application for suspension or exemption from enforcement of the decision to apply administrative handling measures.

The application and accompanying documents are submitted directly to the Court that issued the decision to apply administrative handling measures; sent through postal services; or submitted online via the electronic portal of the Court (if available).

2. Within two working days from the date of receipt of the application and accompanying documents, the Court must accept and assign a Judge to examine and resolve, while notifying in writing the applicant, the person who proposed the application of administrative handling measures, and the same-level People's Procuracy.

3. Within three working days from the date of assignment, the Judge must examine and issue a decision; if necessary, the Court may request the opinion in writing from the same-level People's Procuracy and the person who proposed the application of administrative handling measures before issuing the decision.

4. After examining the application, opinions of agencies, organizations, individuals, and accompanying documents, the Judge shall issue one of the following decisions:

a) Decision to suspend or exempt from enforcement of the decision to apply administrative handling measures;

b) Decision not to accept the suspension or exemption from enforcement of the decision to apply administrative handling measures.

5. The decision regarding the suspension or exemption from enforcement of the decision to apply administrative handling measures shall include the following main contents:

a) Number, day, month, year of the decision;

b) Name of the Court issuing the decision;

c) Name and title of the Judge;

d) Name of the applicant;

đ) Name, position, name of the agency of the person proposing the application of administrative handling measures;

e) Name, date of birth, gender, personal identification number, identity card or citizen identification card (if applicable), place of residence, occupation, education level of the person subject to enforcement of the decision to apply administrative handling measures; name and place of residence of their lawful representative (if applicable);

g) Reason and basis for the decision;

h) The Judge's decision to suspend or exempt from enforcement of the decision to apply administrative handling measures;

i) Responsibilities of agencies, organizations, and individuals enforcing the decision;

k) Rights to appeal, lodge complaints, or protest against the decision;

l) Effectiveness of the decision;

m) Recipients of the decision.

Article 28. Reduction of Duration, Suspension, or Exemption from Execution of Remaining Administrative Sanction Period

3. Within two working days from the date of receipt of the application for reduction of duration, temporary suspension, or exemption from execution of the remaining period of the administrative sanction, the Court must accept the case and assign a Judge to review and resolve it, while simultaneously notifying the entity making the request and the same-level Public Prosecutor's Office. Within three working days from the date of assignment, the Judge must review and issue a decision; if necessary, the same-level Public Prosecutor's Office and the entity making the request must provide written comments before the Court issues its decision.

4. After reviewing the application, the Judge shall issue one of the following decisions:

a) Accepting the entire or partial request for reduction of duration; accepting the request for temporary suspension or exemption from execution of the remaining period of the administrative sanction;

b) Not accepting the request for reduction of duration, temporary suspension, or exemption from execution of the remaining period of the administrative sanction.

5. The decision on reduction of duration, temporary suspension, or exemption from execution of the remaining period of the administrative sanction shall include the following main contents:

a) Number, day, month, year of the decision;

b) Name of the Court issuing the decision;

c) Name and title of the Judge;

d) Name and position of the person making the request as prescribed in Clause 2 of this Article;

đ) Name, date of birth, gender, personal identification number, identity card or citizen identification card (if available), place of residence, occupation, educational level of the person currently executing the decision applying the administrative sanction;

e) Reasons and basis for issuing the decision;

g) Decision of the Judge regarding reduction of duration, temporary suspension, or exemption from execution of the remaining period of the administrative sanction;

h) Responsibilities of agencies, organizations, or individuals implementing the decision;

i) Rights to appeal, make representations, or lodge protests against the decision;

k) Legal effect of the decision;

l) Recipients of the decision.

Article 29. Revocation of Decisions to Postpone or Temporarily Suspend Enforcement of Administrative Sanction Decisions

3. The decision compelling enforcement of the administrative sanction decision includes the following main contents:

a) Number, day, month, year of the decision;

b) Name of the Court issuing the decision;

c) Name and title of the Judge;

d) Full name, date of birth, gender, personal identification number, citizen identification card or public service passport (if available), place of residence, occupation, educational level of the person being postponed or temporarily suspended from enforcing the administrative sanction decision;

đ) Reasons and basis for issuing the decision;

e) The Judge’s decision to revoke the decision to postpone or temporarily suspend enforcement and compel the person being postponed or temporarily suspended to enforce the administrative sanction decision;

g) Responsibilities of agencies, organizations, or individuals executing the decision;

h) Rights to appeal, protest against the decision;

i) Effectiveness of the decision;

k) Recipients of the decision.

Chapter IV

APPEAL, PROTEST, OBJECTION; RESOLUTION OF APPEALS, PROTESTS, OBJECTIONS IN THE APPLICATION OF ADMINISTRATIVE SANCTIONS

Section 1

APPEAL, PROTEST, OBJECTION; RESOLUTION OF APPEALS, PROTESTS, OBJECTIONS AGAINST COURT DECISIONS IN THE APPLICATION OF ADMINISTRATIVE SANCTIONS

Article 30. Decisions of the Court Subject to Appeal, Protest, Objection

1. Decisions to apply administrative sanctions, decisions not to apply administrative sanctions, decisions to apply community-based education measures.

2. Decisions to suspend or temporarily suspend consideration and decision-making on administrative sanctions.

3. Decisions regarding postponement or exemption from enforcement of administrative sanction decisions.

4. Decisions regarding reduction of duration, temporary suspension, or exemption from enforcement of remaining time of administrative sanctions.

5. Decisions compelling enforcement of administrative sanction decisions.

Article 31. Persons with the Right to Appeal, Protest, Object Against Court Decisions

1. The person proposed or their legitimate representative, parents, or guardians of the proposed person who is a minor have the right to appeal the Court decisions stipulated in Article 30 of this Ordinance.

2. The proposer has the right to protest the Court decisions stipulated in Clauses 1, 2, and 3 of Article 30 of this Ordinance if there is evidence that such decisions are contrary to the law.

3. The person with a document requesting reduction of duration, temporary suspension, or exemption from enforcement of remaining time of administrative sanctions has the right to protest the Court decisions stipulated in Clause 4 of Article 30 of this Ordinance if there is evidence that such decisions are contrary to the law.

4. The Prosecution Office at the same level has the right to object to the Court decisions stipulated in Article 30 of this Ordinance if there is evidence that such decisions are contrary to the law.

Article 32. Time Limit for Complaints, Petitions, and Appeals against Court Decisions

1. The time limit for complaints is five working days from the date the court announces its decision. In cases where the person entitled to file a complaint is absent from the hearing session or where the court does not hold a hearing session and issues a decision that this Ordinance stipulates the right to complain about, the time limit for filing a complaint is five working days from the date the person entitled to file a complaint receives the court's decision.

If the complainant cannot exercise their right to file a complaint within the prescribed time due to force majeure or other objective obstacles, the period during which such force majeure or objective obstacles occur shall not be counted towards the time limit for filing a complaint.

2. The time limit for petitions and appeals is five working days from the date the court announces its decision. In cases where the court does not hold a hearing session and issues a decision that this Ordinance stipulates the right to petition or appeal against, the time limit for filing a petition or appeal is five working days from the date the person entitled to file a petition or appeal receives the court's decision.

Article 33. Procedures for Filing Complaints, Petitions, and Appeals against Court Decisions

1. The complainant must submit a complaint letter to the court that issued the decision, clearly stating the reasons and grounds for the complaint and any supplementary documents (if any) to support the complaint.

2. The petitioner, the same-level Procuracy must submit a petition or appeal letter to the court that issued the decision, clearly stating the reasons and grounds for the petition or appeal.

Article 34. Procedures for Handling Complaints, Petitions, and Appeals against Court Decisions

2. Within two working days from the date of receipt of the complaint letter, petition or appeal letter along with the file, the competent People's Court at provincial level must accept the case and assign a Judge to examine and resolve it; simultaneously, it must notify in writing the complainant, petitioner, and the same-level Procuracy.

3. Within five working days from the date of assignment, the Judge must convene a meeting to examine and resolve the matter. At least three working days before the meeting, the court must send a written notice of the meeting to the persons specified in Clause 4 of this Article.

4. The meeting to examine and resolve complaints, petitions, and appeals shall involve the following persons:

a) The person proposed, the complainant; the lawful representative of the person proposed (if any); the person protecting the legitimate rights and interests of the person proposed;

b) The proposer or the authorized person;

c) A prosecutor from the same-level Procuracy;

d) When necessary, the court may request the presence of the appraiser, interpreter, translator, medical, psychological, educational, sociological experts, representatives of the agency or organization where the person proposed works, representatives of the school where the person proposed studies, representatives of the People's Committee at the commune level, representatives of the Vietnam Fatherland Front Committee at the commune level and member organizations of the Front where the person proposed resides, and other persons to present their opinions to clarify related issues. Social workers involved in child protection at the commune level participate in the meeting as provided for in Clause 3 of Article 72 of the Law on Children.

5. If the complainant is absent for the first time with a valid reason, the court must postpone the meeting; if there is no valid reason or a request to consider absence or a second absence, the court will still proceed with the meeting. If either of the persons specified in points b and c of Clause 4 of this Article is absent, the court must postpone the meeting. Postponement of the meeting shall be carried out in accordance with Clause 4 of Article 20 of this Ordinance.

6. If the complainant withdraws the complaint, the petitioner withdraws the petition, or the Procuracy withdraws the appeal, the court shall issue a decision to suspend the examination of the complaint, petition, or appeal; in this case, the decision previously subject to complaint, petition, or appeal shall take legal effect from the date the court issues the suspension decision.

Article 35. Session to Examine and Resolve Complaints, Petitions, and Protests against Court Decisions

1. The provisions of Clause 1 and Clause 4 of Article 21 of this Ordinance shall be implemented at the session to examine and resolve complaints, petitions, and protests against court decisions.

2. Prior to opening the meeting, the Clerk of the meeting shall perform the following tasks:

a) Checking the presence of those summoned by the court to attend the session; if anyone is absent, the reason must be clarified and reported to the Judge for further consideration of continuing or postponing the session.

b) Announce the rules of the meeting.

3. The procedure for the meeting shall be conducted as follows:

a) The Judge declares the opening of the meeting;

b) The Judge must explain the rights and obligations of the participants in the meeting. In case there is a request to change the Judge or the Clerk of the meeting, the Judge must examine it; if it falls under the circumstances stipulated in Article 11 of this Ordinance, the meeting shall be temporarily suspended and reported to the Chief Justice of the Court for examination and decision. If the Judge needs to be changed, the meeting shall be postponed; if the Clerk of the meeting cannot be replaced by another Clerk, the meeting shall be postponed. The postponement of the meeting shall be carried out according to the provisions of Clause 4, Article 20 of this Ordinance;

c) The complainant presents the content of the complaint; the petitioner or their authorized representative presents the content of the petition; the Prosecutor presents the content of the protest.

d) The person against whom the petition or protest is directed, or their legally authorized representative (if any), expresses opinions on the content of the petition or protest; the petitioner or their authorized representative expresses opinions on the content of the complaint or protest.

đ) The appraiser, medical, psychological, educational, sociological experts, representatives of the school where the person against whom the petition or protest is directed studies, representatives of the agency or organization where the person works, representatives of the People's Committee of the commune, representatives of the Vietnam Fatherland Front Committee of the commune and its member organizations where the person resides, and other participants in the session present their opinions to clarify related issues. The child protection officer from the commune participates in the session and expresses opinions on child protection.

e) The Judge questions the complainant, the petitioner, and the Prosecutor in cases where the prosecution office protests, and other participants in the session to clarify issues related to the content of the complaint, petition, or protest.

g) The person against whom the petition or protest is directed, or their legally authorized representative (if any), debates with the petitioner and the Prosecutor in cases where the prosecution office protests; the defender of the rights and legitimate interests of the person against whom the petition or protest is directed debates to protect the rights and legitimate interests of that person. The debate is conducted under the direction of the Judge. Participants in the debate have the right to respond to the opinions of others. The Judge conducting the session does not limit the time for debate, creates conditions for them to fully express their opinions; has the right to request the cessation of opinions unrelated to the case or repeated opinions.

h) The Prosecutor expresses opinions on the legality of actions and decisions of the court, agencies, organizations, or individuals in examining complaints, petitions, and protests according to the provisions of this Ordinance.

4. The Judge announces one of the decisions within the authority prescribed in Article 36 of this Ordinance.

1. Not accepting complaints, petitions, or protests; maintaining the decision of the People's Court at the district level.

2. Accepting part of the complaint, petition, or protest; amending the decision of the People's Court at the district level regarding the duration of administrative measures or community-based education measures.

3. Accepting the complaint, petition, or protest; amending the decision to apply the placement in a rehabilitation center measure of the People's Court at the district level; deciding to apply community-based education measures.

4. Accepting the complaint, petition, or protest; revoking the decision to apply community-based education measures of the People's Court at the district level; returning the file to the People's Court at the district level for examination and resolution according to the provisions of this Ordinance.

5. Revoking the decision not to apply administrative measures; returning the file to the People's Court at the district level for examination and resolution according to the provisions of this Ordinance.

6. Revoking the decision of the People's Court at the district level and suspending the examination and application of administrative measures when there is one of the grounds provided for in Clause 1 of Article 16 of this Ordinance.

7. Revoking the decision to suspend or temporarily suspend the examination and application of administrative measures when there is no ground provided for in Article 16 of this Ordinance; returning the file to the People's Court at the district level for examination and resolution according to the provisions of this Ordinance.

8. Revoking the decision to postpone or exempt from enforcement of the administrative measure decision of the People's Court at the district level and compelling enforcement of the administrative measure when there is no ground provided for in Article 111 of the Law on Handling Administrative Violations.

9. Revoking the decision not to accept the request to postpone or exempt from enforcement of the administrative measure decision of the People's Court at the district level and accepting the request to postpone or exempt from enforcement of the administrative measure when there is a ground provided for in Article 111 of the Law on Handling Administrative Violations.

10. Revoking the decision to reduce the term, temporarily suspend, or exempt from enforcement of the remaining period of the administrative measure applied by the People's Court at the district level when the decision to reduce the term, temporarily suspend, or exempt from enforcement of the remaining period of the administrative measure does not have a ground provided for in Article 112 of the Law on Handling Administrative Violations and Article 28 of this Ordinance.

11. Revoking the decision not to accept the request to reduce the term, temporarily suspend, or exempt from enforcement of the remaining period of the administrative measure applied by the People's Court at the district level and deciding to reduce the term, temporarily suspend, or exempt from enforcement of the remaining period of the administrative measure when there is a ground provided for in Article 112 of the Law on Handling Administrative Violations and Article 28 of this Ordinance.

12. Revoking the decision to compel enforcement of the administrative measure decision of the People's Court at the district level when there is no ground provided for in Clause 2 of Article 113 of the Law on Handling Administrative Violations and Article 29 of this Ordinance.

13. Suspending the resolution of complaints, petitions, and protests when the complainant, petitioner, or the People's Procuracy protesting withdraws the entire complaint, petition, or protest; in this case, the decision of the People's Court at the district level becomes legally binding.

Article 37. Content and Effectiveness of the Decision Resolving Complaints, Petitions, and Objections

1. The decision resolving complaints, petitions, and objections shall include the following main contents:

a) Number, day, month, year of the decision;

b) Name of the Court issuing the decision;

c) Full name of the Judge, Clerk of the session;

d) Full name of the Prosecutor participating in the session;

đ) Full name of the person proposed, the complainant; full name, position, name of the agency of the petitioner, full name of the authorized person (if any); name of the Prosecution objecting;

e) Content of the complaint, petition, objection;

g) Reasons, grounds, and content of the resolution of the complaint, petition, objection;

h) Responsibilities of agencies, organizations, or individuals implementing the decision;

i) Effectiveness of the decision;

k) Place to receive the decision

2. The decision resolving complaints, petitions, and objections takes effect immediately. Within two working days from the date of announcing the decision, the Court must send the decision to those persons specified in Clause 2 of Article 25 of this Ordinance, the same-level Prosecution, the Prosecution that objected, the person who petitioned, and the Court that issued the decision being complained about, petitioned, or objected.

3. The decision resolving complaints, petitions, and objections and the documents, texts collected and issued by the Court during the process of examining and resolving complaints, petitions, and objections must be numbered and stored according to the provisions of the law.

Section 2

COMPLAINTS AND RESOLUTION OF COMPLAINTS AGAINST THE ACTIONS OF COURT AUTHORIZED PERSONNEL IN THE APPLICATION OF ADMINISTRATIVE MEASURES

Article 38. Actions That May Be Subject to Complaint in the Examination and Decision on the Application of Administrative Measures

Organizations, entities, individuals have the right to complain about the actions of the Chief Justice, Judge, Clerk of the Court in the handover, receipt of files, acceptance for trial, assignment of Judges, request for supplementary evidence, issuance of notifications, decisions of the Court, convening sessions, composition of sessions, time limit for resolution, and other actions in the examination and decision on the application of administrative measures if there is evidence indicating that such actions are contrary to the law and infringe upon their legitimate rights and interests.

Article 39. Rights and Obligations of the Complainant

1. Organizations, entities, individuals filing complaints have the following rights:

a) To file a complaint themselves or through a legally authorized representative;

b) To file a complaint at any stage of the process of examination and decision on the application of administrative measures;

c) To withdraw a complaint at any stage of the complaint resolution process;

d) To receive documents regarding the acceptance for resolution of the complaint, and the decision resolving the complaint;

đ) To have their legitimate rights and interests restored and be compensated for damages according to the law.

2. Organizations, entities, individuals filing complaints have the following obligations:

a) To file the petition with the competent authority;

b) To truthfully state the facts, provide information and materials to the authority resolving the petition; to bear responsibility under the law for the contents stated and the information and materials provided;

c) To comply with the decision resolving the complaint once it has taken legal effect.

Article 40. Rights and Obligations of the Person Being Complained Against

1. The respondent has the following rights:

a) To present evidence regarding the legality of the complained action;

b) To receive the decision resolving the complaint regarding the complained action.

2. The respondent has the following obligations:

a) To explain the complained action; provide information and documents related to the action when requested by the authority;

b) To comply with the decision resolving the complaint once it has taken legal effect;

c) To compensate for losses and mitigate consequences caused by their unlawful actions according to the provisions of the law.

Article 41. Time Limit for Filing a Complaint

The time limit for filing a complaint is three working days from the date the organization, entity, or individual filing the complaint becomes aware that the action of the authorized person is contrary to the law. In cases where there are force majeure events or objective obstacles preventing the organization, entity, or individual filing the complaint from exercising their right to file a complaint within the prescribed time limit under this Article, the period during which such force majeure events or objective obstacles occur shall not be counted towards the complaint time limit.

Article 42. Competence and Time Limit for Handling Complaints

Complaints against the actions of the President of the People's Court at district level shall be resolved by the competent President of the People's Court at provincial level within five working days from the date of receipt of the complaint. The decision of the President of the People's Court at provincial level is the final decision.

2. Complaints against the actions of Judges and Court Secretaries of the People's Court at provincial level shall be resolved by the competent President of the People's Court at provincial level. Within three working days from the date of receipt of the complaint, the President of the People's Court at provincial level must examine and resolve. The decision of the President of the People's Court at provincial level is the final decision.

4. Within two working days from the date of issuance of the decision, the Court must send the decision on handling the complaint to the agency, organization, or individual who filed the complaint and the same-level People's Procuracy.

Chapter V

IMPLEMENTING PROVISIONS

Article 43. Effective Date

1. This Ordinance takes effect from February 1, 2023.

2. The Ordinance on Procedures and Formalities for Considering and Deciding on the Application of Administrative Sanctions at the People's Courts No. 09/2014/UBTVQH13 of the Standing Committee of the National Assembly ceases to be effective from the date this Ordinance takes effect, except for the provisions stipulated in Article 44 of this Ordinance.

1. For cases that have been accepted and resolved by the People's Court at district level according to the Ordinance No. 09/2014/UBTVQH13 but have not concluded by February 1, 2023, the provisions of the Ordinance No. 09/2014/UBTVQH13 shall continue to be applied for examination and resolution until the conclusion of the case, except for the following contents which shall apply the provisions of this Ordinance:

a) The provisions ensuring friendly procedures for minors as stipulated in Clause 1 and Clause 3 of Article 2, Clause 1 of Article 10, Clause 2 and Clause 3 of Article 13, Clause 3 of Article 18, Point e of Clause 3 and Clause 4 of Article 21, Point d of Clause 4 of Article 34, Clause 1 and Point đ of Clause 3 of Article 35 of this Ordinance;

b) The suspension of examination and decision on the application of administrative sanctions as stipulated in Point h of Clause 1 of Article 16 of this Ordinance;

c) The application of community-based educational measures;

d) Other provisions of this Ordinance that are beneficial to the person proposed.

2. For cases that have been resolved by the People's Court at district level according to the Ordinance No. 09/2014/UBTVQH13 and have complaints, suggestions, or objections, from February 1, 2023, the People's Court at provincial level shall resolve according to the Ordinance No. 09/2014/UBTVQH13, except for the contents stipulated in Points a, b, c, and d of Clause 1 of this Article, which shall apply the provisions of this Ordinance. This Ordinance was adopted by the Standing Committee of the National Assembly of the Socialist Republic of Vietnam, Session 18, on December 13, 2022. TM. STANDING COMMITTEE OF THE NATIONAL ASSEMBLY CHAIRMAN

This Ordinance was adopted by the Standing Committee of the National Assembly of the Socialist Republic of Vietnam, Session 18, on December 13, 2022.