Ordinance No. 09/2014/UBTVQH13 on the Procedures for Considering and Deciding to Apply Administrative Sanctions at People's Courts

ORDINANCE

PROCEDURE AND PROCEDURAL REQUIREMENTS FOR CONSIDERING AND DECIDING ON THE APPLICATION OF ADMINISTRATIVE SANCTIONS

AT PEOPLE'S COURTS

BEFORE THE PEOPLE'S COURT

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

Based on the Law on Handling Administrative Violations No. 15/2012/QH13;

The Standing Committee of the National Assembly issues this Ordinance on the procedure and procedural requirements 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 procedural requirements for considering and deciding on the application of administrative sanctions involving placement in educational facilities, compulsory education facilities, and compulsory drug rehabilitation facilities at People's Courts (hereinafter referred to collectively as administrative sanctions); the procedure and procedural requirements for considering and deciding on the suspension, exemption from execution, reduction of duration, temporary suspension, or exemption from execution of the remaining period of application of administrative sanctions; complaints, suggestions, protests; and the resolution of complaints, suggestions, and protests 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 comply with the provisions of Clause 2, Article 3 and Clause 2, Article 5 of the Law on Handling Administrative Violations; the consideration and decision on the application of administrative sanctions for minors must also comply with the provisions of Clauses 1, 2, and 4, Article 134 of the Law on Handling Administrative Violations.

2. The consideration and decision on the application of administrative sanctions shall be carried out by a Judge.

3. When considering and deciding on the application of administrative sanctions, the Judge acts independently and only adheres to the law.

4. Ensuring the impartiality of those conducting the hearing.

5. The language and writing used in the consideration and decision on the application of administrative sanctions at the Court shall be Vietnamese. The person proposed to apply administrative sanctions (hereinafter referred to as the proposed person) or their legitimate representative, parents, or guardians of the proposed person who is a minor have the right to use their own language and writing and must have an interpreter.

6. The proposed person, parents, or guardians of the proposed person who is a minor have the right to protect their lawful rights and interests themselves or through a lawyer or another person. In cases where the proposed person is a minor without a guardian of their lawful rights and interests, the Court requests the Bar Association to assign a law firm to appoint someone to protect their lawful rights and interests.

The Court ensures the right to protect the lawful rights and interests of the proposed person.

7. Ensuring the right of the proposed person to explain before the Court and debate with the agency proposing the application of administrative sanctions.

8. Ensuring the right to be considered at two levels in the application of administrative sanctions.

Article 3. Authority to Consider and Apply Administrative Sanctions

1. The People's Court with jurisdiction to consider and decide on the application of administrative sanctions is the People's Court of the district where the proposing agency has its headquarters.

2. The People's Court of the province has the authority to review decisions of the People's Court of the district that have been complained about, suggested, or protested.

Article 4. Supervision of the Examination and Decision on Administrative Sanctions

1. The People's Procuracy supervises the compliance with laws by the Court in examining and deciding on administrative sanctions, and exercises rights to request, propose, and protest to ensure timely and lawful resolution.

2. The Procuracy participates in sessions; participates in reviewing, postponing, exempting, reducing, or temporarily suspending the execution of decisions on administrative sanctions according to the provisions of this Ordinance.

3. After receiving the notification of case acceptance from the same-level Court, the Procuracy has the right to review the case file at the Court that accepted the case.

Article 5. Responsibilities of Individuals, Agencies, and Organizations in Examining and Deciding on Administrative Sanctions

1. Individuals, agencies, and organizations shall not interfere illegally in the examination and decision-making on administrative sanctions by the Court.

2. Within their duties and powers, individuals, agencies, and organizations have the responsibility to cooperate with the Court in examining and deciding on administrative sanctions when requested by the Court.

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

Article 6. Management Responsibility for the Examination and Decision on Administrative Sanctions

Within their functions, tasks, and powers, the Supreme People's Court manages the work of examining and deciding on administrative sanctions by Courts with the following responsibilities:

1. Initiating and coordinating in proposing the issuance, and submitting to competent authorities for promulgation, normative legal documents on examining and deciding on administrative sanctions;

2. Organizing statistics, building, and managing databases on examining and deciding on administrative sanctions;

3. Initiating and coordinating in guiding, training, and enhancing professional skills in implementing laws on examining and deciding on administrative sanctions;

4. Inspecting the implementation of laws on administrative violations in the examination and decision on administrative sanctions by Courts;

5. Providing information on administrative violation handling to competent authorities as stipulated in Clause 4, Article 17 of the Law on Handling Administrative Violations.

Chapter II

PROCEDURE AND PROCEDURAL REQUIREMENTS FOR EXAMINATION AND DECISION ON ADMINISTRATIVE SANCTIONS

ADMINISTRATIVE SANCTIONS

Article 7. Time Limit for Examination and Decision on Administrative Sanctions

Within fifteen days from the date the Court accepts the file submitted by the competent authority, the Court must issue one of the decisions specified in Point h, Clause 2, Article 20 of this Ordinance; for complex cases, this period may be extended but shall not exceed thirty days.

Article 8. Acceptance and Registration of Files Requesting Application of Administrative Sanctions

1. Upon receipt of the file transferred by the competent authority, the Court must record it in the handover book; if the file lacks documents as prescribed in Clause 2, Article 100, Clause 2, Article 102, or Clause 2, Article 104 of the Law on Handling Administrative Violations, the Court returns the file and specifies the reasons.

2. Within one working day from the date of receipt of the file, the Court must accept the case and assign a Judge to examine and resolve it.

Article 9. Allocation of Judges to Examine and Decide on Administrative Sanctions

1. Within the time limit prescribed in Clause 2 of Article 8 of this Ordinance, the Chief Judge of the Court shall allocate a Judge to examine and decide on the application of administrative sanctions. For cases involving the examination and decision on the application of measures for placement in educational facilities, the allocated Judge must have necessary knowledge of psychology, educational science, and activities preventing juvenile delinquency.

2. The allocated Judge must refuse to examine and decide if there is clear evidence that they may not be impartial while performing their duties.

3. In cases where the allocated Judge cannot continue to perform their tasks or falls under circumstances requiring refusal to examine and decide, the Chief Judge of the Court shall allocate another Judge to examine and decide on the application of administrative sanctions.

Article 10. Circumstances Requiring Refusal or Change of Judge, Clerk of the Session

1. Being a close relative of the person proposed.

2. Having previously examined and decided on the application of administrative sanctions in the same case.

3. Having previously handled complaints, suggestions, or appeals against decisions on the application of administrative sanctions in the same case.

4. Having clear evidence indicating that they may not be impartial while performing their duties.

Article 11. Notification of Acceptance

1. Within two working days from the date of acceptance, the Court must notify the proposing agency, the proposed person, or their lawful representative, the parents or guardians of the proposed person who is a minor, and the same-level Procuracy in writing about the acceptance.

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 file;

c) Number, date, and year of acceptance of the file;

d) Name of the proposing agency;

đ) Full name and address of the proposed person;

e) Proposed administrative sanction.

Article 12. Examination of the File Proposing Application of Administrative Sanctions

1. The allocated Judge must examine the file regarding the following contents:

a) Documents in the file proposing according to 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 sanctions as stipulated in Clause 2 of Article 6 of the Law on Handling Administrative Violations;

c) Authority, procedure, and process for establishing the file proposing the application of administrative sanctions.

2. If necessary, the Judge may seek the opinions of medical, psychological, educational, sociological experts, and representatives of the People's Committee of the commune where the proposed person resides to clarify their health status, mental state, living conditions, and study conditions.

3. Within three working days from the date of allocation, based on the results of the file examination, the Judge must decide on one of the following contents:

a) Request for additional materials and evidence;

b) Suspension or temporary suspension of the examination and decision on the application of administrative sanctions;

c) Holding a session to examine and decide on the application of administrative sanctions.

Article 13. Right to Provide Materials and Evidence of the Person Proposed for Application of Administrative Sanctions

1. From the date of receiving the acceptance notification until the Court opens the session, the proposed person, parents or guardians of the proposed person who is a minor, and the person protecting the legitimate rights and interests of the proposed person have the right to provide materials and evidence to the Court that has accepted the case.

2. Providing materials and evidence can be done at the Court or sent through postal service.

Article 14. Request for Supplementing Documents and Evidence

1. The Judge shall request the agency proposing to supplement documents and evidence in the following cases:

a) When the documents proving the violation of the person proposed, the documents on personal information, health status of the person proposed are unclear or contradictory and cannot be supplemented or clarified at the meeting session;

b) When serious violations of the procedure and process of proposing for consideration and decision on administrative handling measures are discovered.

2. The request document must clearly state the required supplementary documents and evidence and the reasons for requesting supplementation.

3. Within two working days from the date of receipt of the request, the requested agency must send the supplementary documents and evidence to the Court.

4. Within one working day from the date of receipt of the supplementary documents and evidence or from the expiration date specified in Clause 3 of this Article if the requested agency fails to provide supplementary documents and evidence, the Judge shall issue a decision to convene a meeting session to consider and decide on the application of administrative handling measures.

Article 15. Suspension and Temporary Suspension of Consideration and Decision on Administrative Handling Measures

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

a) Expiry of the time limit for applying administrative handling measures;

b) The proposed person has died;

c) The proposed person 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 proposed person 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 proposing agency withdraws the proposal;

e) The proposed person has been sentenced to a criminal judgment by the Court which has taken legal effect for the act proposed to apply administrative handling measures;

g) The proposed person is serving a prison sentence, awaiting execution of a prison sentence, or a death penalty according to a judgment or decision of the Court that has taken legal effect.

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

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

b) When new circumstances regarding the health or mental condition of the proposed person arise and it is necessary to request the proposing agency to conduct an appraisal;

c) The proposed person is suffering from a serious illness confirmed by a hospital at district level or higher.

Article 16. Decision to Convene a Meeting Session to Consider and Decide on the Application of Administrative Handling Measures

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

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

a) Full name, date of birth, profession, place of residence of the proposed person;

b) Parents or guardians of the proposed person who is a minor;

c) Name of the proposing agency;

d) The administrative handling measure proposed to be applied;

đ) Date, month, year, location of the meeting session;

e) Full name of the Judge and the Clerk of the meeting session;

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

h) Full name of the interpreter;

i) Full name of other persons requested to participate in the meeting session.

3. At least three working days before the meeting session, the decision to convene a meeting 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 Public Prosecutor's Office.

Article 17. Participants in the hearing

1. The person conducting the hearing includes the Judge and the hearing secretary.

2. The participants in the hearing include representatives of the proposing agency, Prosecutor, the person proposed or their lawful representative, parents or guardians of the proposed person who is a minor, the person protecting the rights and legitimate interests of the proposed person.

3. In necessary cases, the Court may request representatives of the labor, war invalids and social affairs authority at the district level, experts, interpreters, medical, educational, psychological specialists, representatives of the school where the proposed person who is a minor studies, representatives of the People's Committee at the commune level where the proposed person resides, or other persons to participate in the hearing to present opinions on related issues.

Article 18. Rights and obligations of participants in the hearing

1. Request for change of the person conducting the hearing.

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

3. To provide documents, evidence, explain, debate at the hearing according to the provisions of this Ordinance.

4. To authorize in writing a lawyer or another person to represent themselves in participating in the hearing in the case of being the proposed person.

5. To receive decisions of the Court.

6. To lodge complaints according to the provisions of this Ordinance.

7. To be present at the hearing upon the Court's request.

8. To respect the Court and comply with the hearing rules.

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

10. Other rights and obligations as prescribed by law.

Article 19. Participation in the hearing to consider and decide on the application of administrative measures

1. The participants in the hearing specified in Clause 2 of Article 17 of this Ordinance must be present at the hearing; if the representative of the proposing agency or the Prosecutor is absent, the hearing must be postponed.

2. If the proposed person or their lawful representative, parents or guardians of the proposed person who is a minor, or the person protecting the rights and legitimate interests of the proposed person are absent for valid reasons, the Court may postpone the hearing; if absent without valid reasons or there is a request to consider the absence, the Court will still proceed with the hearing.

3. If the interpreter is absent and the Court cannot replace them immediately, the hearing must be postponed.

4. The postponement period shall not exceed five working days from the date of the postponement notice. The Court must notify those participating in the hearing as stipulated in Clause 1 of this Article about the postponement and clearly state the reason for the postponement and the time to resume the hearing.

For those absent from the hearing, the Court must notify in writing.

Article 20. Procedure and process for conducting the hearing to consider and decide on the application of administrative measures

1. Before opening the hearing, the hearing secretary performs the following tasks:

a) Announce the hearing rules;

b) Check the presence of those requested by the Court to attend the hearing; if anyone is absent, the reason must be clarified and reported to the Judge for consideration to continue the hearing or to postpone it.

2. The hearing procedure is conducted as follows:

a) The Judge declares the opening of the hearing;

b) The Judge must explain the rights and obligations of the participants in the hearing. In case of a request to change the Judge, the Judge must consider; if there is sufficient basis, temporarily suspend the hearing and report to the Chief Judge of the Court for consideration and decision. If the Judge must be changed but there is no other Judge to replace them, the hearing must be postponed. The postponement is carried out according to the provisions of Clause 4 of Article 19 of this Ordinance;

c) The representative of the proposing agency presents the content of the proposal for consideration and decision on the application of administrative measures;

d) The proposed person or their lawful representative, parents or guardians of the proposed person who is a minor present their opinions on the content of the proposal of the proposing agency;

đ) Participants in the hearing present their opinions on the conditions for applying administrative measures, the personal background of the proposed person; aggravating or mitigating circumstances; forms and measures already applied for education; propose or not to propose the application of administrative measures; the duration of applying administrative measures;

e) Representatives of the proposing agency, the proposed person, parents or guardians of the proposed person who is a minor, or the person protecting the rights and legitimate interests of the proposed person debate on the application of administrative measures;

g) The Prosecutor expresses their opinion on compliance with the law in considering and deciding on the application of administrative measures;

h) The Judge announces the decision to apply or not apply administrative measures or to suspend or temporarily suspend the consideration and decision on the application of administrative measures if it falls under the cases prescribed in Article 15 of this Ordinance.

Article 21. 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; participants in the meeting; the content and proceedings of the meeting; the decision of the Judge.

After the end of the meeting, the Judge must check the minutes, sign them together with the Clerk of the meeting. The Prosecutor, the person proposed or their lawful representative, the parents or guardian of the proposed person who is a minor, the person protecting the rights and legitimate interests of the proposed person, and the representative of the proposing agency have the right to view the minutes of the meeting, request amendments and supplements to be recorded in the minutes of the meeting, and sign to confirm.

Article 22. Content of Decisions on Applying, Not Applying Administrative Handling Measures and Other Decisions

1. The decisions of the Court stipulated at point h, Clause 2, Article 20 of this Ordinance must include the following main contents:

a) Decision number, date, month, and year;

b) Name of the Court issuing the decision;

c) Name and surname of the Judge, Clerk of the meeting;

d) Name and surname of the Prosecutor participating in the meeting;

đ) Name and surname of the representative of the proposing agency;

e) Name and surname, date of birth, place of residence, occupation, educational level of the person proposed for the application of administrative handling measures; name and address of the representative, the person protecting the rights and legitimate interests of the proposed person;

g) Specific administrative handling measure proposed for application;

h) Reasons and bases for the decision;

i) Decision on applying or not applying the administrative handling measure, suspending or temporarily suspending the consideration and decision on the application of the administrative handling measure.

In the case of a decision to apply an administrative handling measure, it must clearly state the measure and the duration of application. If the person subject to the administrative handling measure has been temporarily detained, the detention period shall be deducted from the duration of the administrative handling measure application;

k) Responsibilities of individuals, agencies, organizations in enforcing the decision;

l) Right to appeal against the decision;

m) Effectiveness of the decision;

n) Place to receive the decision.

Article 23. Effectiveness of Court Decisions

1. Decisions on applying or not applying administrative handling measures, decisions on suspending or temporarily suspending the application of administrative handling measures take effect from the day the time limit specified in Article 31 of this Ordinance expires without any complaints, suggestions, or objections.

2. Decisions of the Court, except those specified in Clause 1 of this Article, take immediate effect from the date of issuance.

Article 24. Sending Court Decisions

1. Within two working days from the date of announcing the decision, the Court must send the decision on applying or not applying administrative handling measures to the persons prescribed in Article 107 of the Law on Handling Administrative Violations and the same-level Prosecution Office.

2. Within two working days from the date of announcing the decision, the Court must send the decision on suspending or temporarily suspending the consideration and decision on applying administrative handling measures to the proposing agency, the proposed person, related parties, and the same-level Prosecution Office.

Article 25. Management of Files on Considering and Applying Administrative Handling Measures

Documents and texts issued by the Court during the process of considering and applying administrative handling measures must be compiled into files, numbered, and stored according to the provisions of the law.

Chapter III

PROCEDURE AND PROCEDURES FOR CONSIDERING AND DECIDING ON SUSPENSION,

EXEMPTION FROM ENFORCEMENT, REDUCTION OF ENFORCEMENT PERIOD, TEMPORARY SUSPENSION OR EXEMPTION

FROM THE REMAINING APPLICATION PERIOD OF THE ADMINISTRATIVE HANDLING MEASURE

 REMAINING ADMINISTRATIVE HANDLING MEASURE

Article 26. Acceptance and Processing of Applications for Suspension or Exemption from Administrative Sanctions

1. The submission of applications for suspension or exemption from enforcement of administrative sanction decisions shall be carried out in accordance with the provisions of the law on handling administrative violations.

2. Within two working days from the date of receipt of the application file, the Court must accept the case and assign a Judge to review and resolve it, while simultaneously notifying the proposing agency 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 proposing agency and the same-level People's Procuracy must provide written comments before the Court issues its decision.

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

a) Accepting the application for suspension or exemption from enforcement of the administrative sanction decision;

b) Not accepting the application for suspension or exemption from enforcement of the administrative sanction decision.

5. The decision on suspension or exemption from enforcement of the administrative sanction decision shall include the following main contents:

a) Decision number, date, month, and year;

b) Name of the Court issuing the decision;

c) Name of the Judge;

d) Name of the person making the application;

đ) Name of the proposing agency;

e) Basis and reasons for issuing the decision;

g) Name, date of birth, place of residence, occupation, educational level of the person applying for suspension or exemption from enforcement of the administrative sanction decision;

h) Content of the suspension or exemption from enforcement of the administrative sanction decision;

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

k) Effectiveness of the decision;

l) Recipients of the decision.

6. The decision on suspension or exemption from enforcement of the administrative sanction has effect from the day the appeal, complaint, or protest period specified in Article 31 of this Ordinance expires and must be sent to the person specified in Clause 3 of Article 111 of the Law on Handling Administrative Violations and the same-level People's Procuracy within two working days from the date of issuance of the decision.

Article 27. Reduction of Duration, Temporary Suspension, or Exemption from Enforcement of Remaining Period of Administrative Sanction

1. A person currently enforcing an administrative sanction who falls under the circumstances stipulated in Clause 1 and Clause 2 of Article 112 of the Law on Handling Administrative Violations may have their duration reduced, temporarily suspended, or exempted from enforcement of the remaining period of the administrative sanction based on the proposal of the Director of the Educational Institution, the Director of Compulsory Education Facility, or the Director of Compulsory Drug Rehabilitation Facility.

2. In cases of reducing the duration of enforcement of the administrative sanction, the subject eligible for reduction must have served half of the duration decided by the Court and can only be considered once per year, with the reduction period not exceeding one quarter of the duration decided by the Court.

3. The Director of the Educational Institution, the Director of Compulsory Education Facility, or the Director of Compulsory Drug Rehabilitation Facility must submit a written request to the Court where the Educational Institution, Compulsory Education Facility, or Compulsory Drug Rehabilitation Facility is located, along with documents proving that the person currently enforcing the administrative sanction falls under one of the circumstances stipulated in Clause 1 and Clause 2 of Article 112 of the Law on Handling Administrative Violations, including:

a) Copy of the decision on the application of administrative sanctions;

b) Decision on commendation or certificate issued by the competent authority in cases where the person currently enforcing the administrative sanction shows significant progress or performs meritorious acts;

c) Certificate from a county-level hospital or higher regarding the health condition of the person currently enforcing the administrative sanction who is seriously ill or suffering from a serious disease;

d) Certificate from the hospital in cases where the person currently enforcing the administrative sanction is pregnant;

đ) Written request from the Director of the Educational Institution, the Director of Compulsory Education Facility, or the Director of Compulsory Drug Rehabilitation Facility.

Within two working days from the date of receipt of the application file for reduction of duration, temporary suspension, or exemption from enforcement 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 same-level People's Procuracy.

Within three working days from the date of assignment, the Judge must examine and issue a decision; if necessary, the proposing agency and the same-level People's Procuracy must provide written comments before the Court issues its decision.

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

a) Accepting the proposal for reduction of duration, temporary suspension, or exemption from enforcement of the remaining period of the administrative sanction;

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

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

a) Decision number, date, month, and year;

b) Name of the Court issuing the decision;

c) Reasons and basis for issuing the decision;

d) Name, date of birth, place of residence, occupation, educational level of the person currently enforcing the administrative sanction;

đ) Name of the proposing agency;

e) Content of the reduction of duration, temporary suspension, or exemption from enforcement of the remaining period of the administrative sanction;

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

h) Right to appeal against the decision;

i) Effectiveness of the decision;

k) Recipients of the decision.

6. The decision on reduction of duration, temporary suspension, or exemption from enforcement of the remaining period of the administrative sanction takes effect from the day the appeal, complaint, or protest period specified in Clause 1 of Article 31 of this Ordinance expires and must be sent to the person specified in Clause 3 of Article 112 of the Law on Handling Administrative Violations and the same-level People's Procuracy within two working days from the date of issuance of the decision.

Article 28. Revocation of Decisions to Postpone or Temporarily Suspend Execution of Administrative Sanction Decisions

1. When the conditions for postponing the execution of administrative sanctions no longer exist or the person being postponed or temporarily suspended falls under one of the cases stipulated in Clause 2, Article 113 of the Law on Handling Administrative Violations, the People's Committee of the commune where the person being postponed or temporarily suspended resides must send a notification letter to the Court that issued the decision.

2. Within three working days from the date of receipt of the notification letter from the People's Committee of the commune, the Court shall consider revoking the decision to postpone or temporarily suspend and compel the person being postponed or temporarily suspended to execute the administrative sanction decision.

3. The decision compelling execution of the administrative sanction decision becomes effective immediately and must be sent to relevant persons according to Clause 3, Article 113 of the Law on Handling Administrative Violations and the same-level People's Procuracy within two working days from the date of issuance of the decision.

4. The decision compelling execution of the administrative sanction decision includes the following main contents:

a) Decision number, date, month, and year;

b) Name of the Court issuing the decision;

c) Reasons and basis for issuing the decision;

d) Full name, date of birth, place of residence, occupation, educational level of the person subject to administrative sanction;

đ) Content of the revocation of the decision to postpone or temporarily suspend and compelling the person being postponed or temporarily suspended to execute the administrative sanction decision;

e) Responsibilities of individuals, agencies, organizations executing the decision;

g) Rights to appeal against the decision;

h) Effectiveness of the decision;

i) Place to receive the decision.

Chapter IV

APPEAL, PETITION, PROTEST; SETTLEMENT OF APPEALS, PETITIONS, PROTESTS IN THE APPLICATION

 OF ADMINISTRATIVE SANCTIONS

 PETITIONS, PROTESTS AGAINST COURT DECISIONS IN THE APPLICATION

Section 1

APPEAL, PETITION, PROTEST; SETTLEMENT OF APPEALS, PETITIONS, PROTESTS IN THE APPLICATION

 OF ADMINISTRATIVE SANCTIONS

PETITIONS, PROTESTS AGAINST COURT DECISIONS IN THE APPLICATION

Article 29. Decisions of the Court that can be appealed, petitioned, protested

1. Decision to apply administrative sanctions.

2. Decision not to apply administrative sanctions.

3. Decision to suspend consideration and decision on applying administrative sanctions.

4. Decision regarding postponement or exemption from execution of administrative sanction decisions.

5. Decision regarding reduction of duration, temporary suspension, or exemption from execution of remaining time of administrative sanctions.

Article 30. Persons with the right to appeal, petition, protest against Court decisions

1. The person proposed to be subject to administrative sanctions or their legitimate representative, parents, or guardian of a minor proposed to be subject to administrative sanctions has the right to appeal the Court’s decision in applying administrative sanctions.

2. The proposing agency has the right to petition, and the same-level People's Procuracy has the right to protest the Court’s decision in applying administrative sanctions if there is evidence that such decision violates the law.

Article 31. Time limit for appealing, petitioning, protesting Court decisions

1. The time limit for appeal by the person subject to administrative sanctions or their legitimate representative, parents, or guardian, or the parents or guardian of a minor proposed to be subject to administrative sanctions is three working days from the date the Court announces the decision; in case they are absent from the hearing, the time limit for appeal is three working days from the date of receipt of the Court’s decision.

In case of illness, natural disasters, enemy attacks, or other objective obstacles preventing the appellant from exercising their right to appeal within the prescribed time limit, the period during which such obstacles exist shall not be counted towards the appeal time limit.

2. The time limit for petitioning by the proposing agency and protesting by the same-level People's Procuracy is three working days from the date the Court announces the decision.

Article 32. Complaint, Petition, and Protest Procedures against Court Decisions

1. The complainant must submit a complaint to the court that examined and decided on the administrative handling measure, clearly stating the reasons and grounds for the complaint.

2. The agency proposing the petition, the same-level Procuracy protesting must do so in writing, clearly stating the reasons and grounds for the petition and protest, and send it to the court that examined and decided on the administrative handling measure.

Article 33. Procedures for Resolving Complaints, Petitions, and Protests against Court Decisions

1. Within two working days from the date of receiving the complaint or the written petition and protest, the court that examined and decided on the administrative handling measure must forward the complaint or the written petition and protest along with the file to the higher court for examination and resolution; at the same time, notify the complainant, relevant agencies, and the same-level Procuracy about the complaint, petition, and protest.

2. Within two working days from the date of receiving the complaint or the written petition and protest along with the file, the higher court must accept the case and assign a Judge to examine and resolve it, while notifying the complainant, the agency proposing the petition, and the same-level Procuracy.

3. Within five working days from the date of assignment, the Judge must convene a session to examine and resolve the matter. At least three working days before the session, the Judge must notify in writing those persons specified in Clause 4 of this Article about the session.

4. The session examining and resolving complaints, petitions, and protests shall involve the participation of the complainant, their lawful representative, the representative of the agency proposing the petition, and the Prosecutor of the same-level Procuracy; if the representative of the agency proposing the petition or the Prosecutor is absent, the session must be postponed. The postponement of the session shall be carried out according to the provisions of Clause 4 of Article 19 of this Ordinance.

If the complainant is absent for the first time with a valid reason, the court must postpone the session; if there is no valid reason or if there is a request for absence or the second absence, the court will still proceed with the session.

The court may invite medical, psychological, educational, and sociological experts to participate in the session to express opinions on related professional issues concerning the complaint, petition, and protest.

5. If the complainant withdraws the complaint, the agency proposing the petition withdraws the petition, or the Procuracy withdraws the protest, the court suspends the examination of the complaint, petition, and protest; in this case, the decision subject to the complaint, petition, and protest remains effective.

Article 34. Procedure for Conducting Sessions to Examine and Resolve Complaints, Petitions, and Protests against Court Decisions

1. Before opening the hearing, the hearing secretary performs the following tasks:

a) Announce the hearing rules;

b) Verify the presence of those summoned by the court; if anyone is absent, clarify the reason and report to the Judge to continue the session or postpone it.

2. The hearing procedure is conducted as follows:

a) The Judge declares the opening of the hearing;

b) The Judge must explain the rights and obligations of the participants in the hearing. In case of a request to change the Judge, the Judge must consider; if there is sufficient basis, temporarily suspend the hearing and report to the Chief Judge of the Court for consideration and decision. If the Judge must be changed but there is no other Judge to replace them, the hearing must be postponed. The postponement is carried out according to the provisions of Clause 4 of Article 19 of this Ordinance;

c) The complainant and their lawful representative present the content of the complaint; the representative of the agency proposing the petition presents the content of the petition; the Prosecutor presents the content of the protest;

d) The person being proposed and their lawful representative present their opinions and debate with the representative of the agency proposing the petition and protest regarding related issues;

đ) The Prosecutor expresses opinions on compliance with the law in examining the complaint, petition, and protest;

e) The Judge announces one of the decisions stipulated in Article 35 of this Ordinance.

Article 35. Jurisdiction of Judge to handle complaints, suggestions, and protests

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

2. Partially accepting complaints, suggestions, or protests; amending the decision of the People's Court at district level regarding the time limit for administrative handling measures.

3. Revoking the decision of the People's Court at district level not applying administrative handling measures that violate the law; returning the file to the People's Court at district level.

4. Revoking the decision of the People's Court at district level and suspending the examination and application of administrative handling measures when there is one of the grounds stipulated in Clause 1, Article 15 of this Ordinance.

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

6. Revoking the decision of the People's Court at district level not accepting the request to postpone or exempt from enforcement of the administrative handling measure decision and accepting the suggestion to postpone or exempt from enforcement of the administrative handling measure decision when there is a basis stipulated in Article 111 of the Law on Handling Administrative Violations.

7. Revoking the decision of the People's Court at district level reducing the term, temporarily suspending, or exempting from enforcement of the remaining period of the administrative handling measure application when the decision to reduce the term, temporarily suspend, or exempt from enforcement of the remaining period of the administrative handling measure application does not comply with the provisions of Article 112 of the Law on Handling Administrative Violations and Article 27 of this Ordinance.

8. Revoking the decision of the People's Court at district level not accepting the request to reduce the term, temporarily suspend, or exempt from enforcement of the remaining period of the administrative handling measure application and deciding to reduce the term, temporarily suspend, or exempt from enforcement of the remaining period of the administrative handling measure application when there is a basis stipulated in Article 112 of the Law on Handling Administrative Violations and Article 27 of this Ordinance.

9. Suspending the handling of complaints, suggestions, and protests when the complainant withdraws all complaints, the suggesting agency withdraws all suggestions, or the protesting agency withdraws all protests; in this case, the decision of the People's Court at district level shall take effect.

Article 36. Content and Effectiveness of the Decision to Resolve Complaints, Suggestions, and Protests

1. The decision to resolve complaints, suggestions, and protests includes the following main contents:

a) Number, date, month, and year of the decision to resolve complaints, suggestions, and protests;

b) Name of the court issuing the decision to resolve complaints, suggestions, and protests;

c) Name and surname of the Judge, Clerk of the meeting;

d) Name and surname of the Prosecutor participating in the meeting;

d) Full name of the complainant;

e) Name of the suggesting agency or the prosecution office protesting;

g) Content of the complaint, suggestion, or protest;

h) Reason, basis, and content of resolving the complaint, suggestion, or protest;

i) Effectiveness of the decision;

k) Recipients of the decision.

2. The decision to resolve complaints, suggestions, and protests is the final decision and takes immediate effect.h The decision to resolve complaints, suggestions, and protests is the final decision and takes immediate effect.

Within two working days from the date of announcing the decision, the court must send it to those persons specified in Article 24 of this Ordinance and the court that issued the protested decision.

3. The decision to resolve complaints, suggestions, and protests and the documents and texts collected and issued by the court during the examination and resolution of complaints, suggestions, and protests must be numbered and stored according to the provisions of the law.

Section 2

COMPLAINTS, RESOLUTION OF COMPLAINTS AGAINST THE ACTIONS OF PERSONS

WITH JURISDICTION OF THE COURT IN APPLYING

 PETITIONS, PROTESTS AGAINST COURT DECISIONS IN THE APPLICATION

Article 37. Acts that may be subject to appeal in the examination and decision on administrative measures

1. Individuals, agencies, organizations have the right to appeal the acts of the Chief Justice, Judge, Clerk of the Court in the process of transferring, receiving files, accepting cases, assigning Judges, requesting additional evidence, sending court decisions, convening sessions, composition of the session, time limit for resolution, and other acts in the examination and decision on administrative measures if there is evidence indicating that such acts violate the law and infringe upon their legitimate rights and interests.

2. Appeals against acts unrelated to the examination and decision on administrative measures at the court shall be examined and resolved in accordance with the provisions of the law.

Article 38. Rights and obligations of the appellant

1. Individuals, agencies, organizations appealing have the following rights:

a) To appeal personally or through a legally authorized representative;

b) To appeal at any stage of the process of examination and decision on administrative measures;

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

d) To receive a document acknowledging the acceptance of the appeal for resolution, and to receive the decision on the appeal resolution;

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

2. Individuals, agencies, organizations appealing 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 on the appeal resolution once it becomes legally effective.

Article 39. Rights and obligations of the person being appealed

1. The respondent has the following rights:

a) To present evidence regarding the legality of the act being appealed;

b) To receive the decision on the appeal resolution concerning the act being appealed.

2. The respondent has the following obligations:

a) To explain the act being appealed; to provide information and documents related to the act when requested by the competent authority;

b) To comply with the decision on the appeal resolution once it becomes legally effective;

c) To compensate for damage and rectify consequences caused by their unlawful acts in accordance with the law.

Article 40. Time Limit for Appeals

The time limit for appeals is three working days from the date the individual, agency, or organization knows about and believes that the act of the competent authority violates the law. In cases where there are force majeure events or objective obstacles preventing the individual, agency, or organization from exercising their right to appeal within the prescribed time limit under this Article, the period during which such force majeure events or objective obstacles occur will not be counted towards the appeal time limit.

Article 41. Competence and Time Limit for Resolving Appeals

1. Appeals against the acts of Judges, Clerks of the People's Court at district level shall be resolved by the Chief Justice of the People's Court at district level within three working days from the date of receipt of the appeal. If the appellant disagrees with the result of the resolution, they have the right to appeal to the People's Court at provincial level. Within five working days from the date of receipt of the appeal, the Chief Justice of the People's Court at provincial level must examine and resolve the appeal. The decision of the Chief Justice of the People's Court at provincial level is the final decision.

Appeals against the acts of the Chief Justice of the People's Court at district level shall be resolved by the Chief Justice of the People's Court at provincial level within five working days from the date of receipt of the appeal. The decision of the Chief Justice of the People's Court at provincial level is the final decision.

2. Appeals against the acts of the Chief Justice, Judges, Clerks of the People's Court at provincial level shall be resolved by the Chief Justice of the People's Court at provincial level. Within three working days from the date of receipt of the appeal, the Chief Justice of the People's Court at provincial level must examine and resolve the appeal. The decision of the Chief Justice of the People's Court at provincial level is the final decision.

3. Within two working days from the date of issuance of the decision, the court must send the decision on appeal resolution to the individual, agency, or organization that made the appeal and the same-level People's Procuracy.

Chapter V

IMPLEMENTING PROVISIONS

Article 42. Effective Date

1. This Ordinance takes effect from the date of promulgation.

2. For cases where the competent authority has established files to examine the suspension, exemption from enforcement of the decision on administrative measures, reduction of duration, temporary suspension, or exemption from enforcement of the remaining period of administrative measures application until the date this Ordinance comes into effect and has not yet been resolved, the provisions of this Ordinance shall apply.