Decree No. 128/2008/ND-CP detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance 2002 and the Ordinance amending and supplementing certain provisions of the Administrative Violation Handling Ordinance 2008.

DECREE

Detailed implementation of certain provisions of the Administrative Violation Handling Ordinance 2002 and the Ordinance amending and supplementing certain provisions of the Administrative Violation Handling Ordinance 2008

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Administrative Violation Handling Ordinance dated July 2, 2002; the Ordinance amending certain provisions of the Administrative Violation Handling Ordinance dated March 8, 2007; the Ordinance amending and supplementing certain provisions of the Administrative Violation Handling Ordinance dated April 2, 2008;

Considering the proposal of the Minister of Justice,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed implementation of certain provisions of the Administrative Violation Handling Ordinance dated July 2, 2002, the Ordinance amending certain provisions of the Administrative Violation Handling Ordinance dated March 8, 2007, and the Ordinance amending and supplementing certain provisions of the Administrative Violation Handling Ordinance dated April 2, 2008 (hereinafter referred to collectively as the Ordinance) regarding some general principles in handling administrative violations, forms of administrative violation penalties, other measures for handling administrative violations, jurisdiction, procedures, and the application of some preventive measures and guarantees for handling administrative violations.

Article 2. Jurisdiction to define administrative violations

The jurisdiction to define administrative violations under Article 2 of the Ordinance includes the authority to define specific acts of administrative violations, main forms of penalties, supplementary forms of penalties, measures to mitigate consequences applicable to each act of administrative violation; defining the framework and amount of fines in cases of fines; defining preventive measures and guarantees for handling administrative violations. The determination of the framework and amount of fines for acts of administrative violations is based on the nature and degree of such acts.

Article 3. Some principles for handling administrative violations

Some principles for handling administrative violations at Clauses 2, 3, and 4 of Article 3 of the Ordinance are specified as follows:

1. Individuals and organizations shall only be subject to administrative violation penalties when they commit acts of administrative violations as prescribed by law.

Individuals and organizations shall only be subject to administrative violation penalties when they commit acts of administrative violations specifically defined in legislative documents of the National Assembly, ordinances of the Standing Committee of the National Assembly, and decrees of the Government. Documents issued by the Prime Minister, ministers, heads of ministerial-level agencies, People's Councils, and People's Committees to guide and organize the implementation of administrative violation handling within their jurisdiction shall not define acts of administrative violations and forms and levels of penalties.

2. An act of administrative violation shall only be subject to an administrative penalty once:

a) An act of violation that has been decided upon by a competent authority with a penalty decision or recorded in a record for penalty shall not be recorded again or subjected to a second penalty decision for the same act. In cases where the act of violation continues despite being ordered to cease by a competent authority, the aggravating circumstances stipulated in Clause 8 of Article 9 of the Ordinance shall be applied;

b) An act of administrative violation that has been penalized by a competent authority with a penalty decision shall not simultaneously be subject to other administrative handling measures as provided for in Article 22 of the Ordinance;

c) In cases where an act of violation exhibits criminal elements and the case file is transferred for criminal prosecution, if there was a previous administrative penalty decision, the decision maker must revoke the penalty decision; if no penalty decision had been made, no administrative penalty shall be imposed on the act.

3. When multiple individuals jointly commit an act of administrative violation, each violator shall be subject to a penalty for the act, and the competent authority imposing the penalty shall base its decision on the nature and degree of the violation, the background of the violators, aggravating or mitigating circumstances, and issue a penalty decision for each person involved in the joint violation.

4. When an individual commits multiple acts of administrative violation, penalties shall be imposed separately for each act according to the provisions of Clause 2 of Article 56 of the Ordinance.

Article 4. Cases Not Subject to Administrative Violation Handling

The cases not subject to administrative violation handling as stipulated in Clause 6, Article 3 of the Ordinance are specified as follows:

1. Emergency situation is a situation where a person, in order to avoid an actual threat to the interests of the State, of agencies or organizations, or their own legitimate rights and interests or those of others, has no other way but to cause a lesser damage than that which needs to be prevented.

2. Justifiable defense is the act of a person who, in order to protect the interests of the State, of agencies or organizations, or to protect their own legitimate rights and interests or those of others, resists in a necessary manner against someone who is committing acts infringing upon such interests.

3. Acts performed due to unforeseen events, meaning in situations where the consequences of such acts could not be foreseen or were not required to be foreseen.

4. Committing an administrative violation while suffering from mental illness or another disease causing loss of capacity for recognition or control over one's actions.

In cases where a person takes advantage of another person suffering from mental illness or another disease causing loss of capacity for recognition or control over their actions to commit an administrative violation, the objects used for the violation must be confiscated, and all consequences resulting from taking advantage of these persons to commit violations must be remedied according to the provisions of the law.

Article 5. Liability for Compensation of Damages Caused by Administrative Violations Committed by Minors

When minors commit administrative violations causing damages, the liability for compensation shall be implemented according to the provisions of Article 40 of the Law on Marriage and Family dated June 9, 2000, and Clauses 2 and 3 of Article 606 of the Civil Code dated June 14, 2005.

Article 6. Aggravating Circumstances

The aggravating circumstances at Clauses 1 and 2 of Article 9 of the Ordinance are specified as follows:

1. Organized violation is a case where two or more people collude with each other and intentionally carry out an administrative violation together.

2. Repeated violation in the same field is a case where an administrative violation is committed in a field where a previous violation had been committed but was not discovered or punished within the statute of limitations.

3. Recidivism in the same field is a case where, within one year from the date of completion of the execution of the penalty decision or from the expiration of the enforcement period of the penalty decision, the person commits an administrative violation in the same field previously penalized.

"Field" as defined in this clause refers to the fields of state management specified in each Government Decree on administrative violation penalties.

Article 7. Time Limit for Being Considered as Not Having Been Punished for Administrative Violations

The time limit for being considered as not having been punished for administrative violations as stipulated in Clause 1, Article 11 of the Ordinance is specified as follows:

An individual or organization that has been punished for an administrative violation will be considered as not having been punished for administrative violations regarding the same act if, within one year from the date of completion of the execution of the penalty decision (meaning from the date when all obligations and requirements stated in the penalty decision have been fulfilled or from the date when the penalty decision has been enforced compulsorily) or from the expiration of the enforcement period of the penalty decision as provided for in Article 69 of the Ordinance, they do not commit any further violations in the same field previously penalized.

Article 8. Period to be considered as not having been subject to other administrative sanctions

The period for being considered as not having been subject to other administrative sanctions under Clause 2, Article 11 of the Ordinance is defined as follows:

An individual who has been subjected to educational measures at commune, ward, township level, sent to a specialized education facility, placed in an educational institution, or admitted to a medical treatment facility, if within two years from the date of completing the administrative handling decision (that is, from the date the educational measure at commune, ward, township level ends or the completion date at the specialized education facility, educational institution, or medical treatment facility) or from the date the statute of limitations for implementing the administrative handling decision prescribed in Articles 73, 82, 91, and Article 100 of the Ordinance expires without committing any violation that would be subject to another administrative sanction as provided in this clause, shall be considered as not having been subject to such sanction.

Article 9. Calculation of periods and statutes of limitation in administrative violations

1. When periods or statutes of limitation in the Ordinance are defined in months or years, such time periods are calculated according to the Gregorian calendar month or year, including holidays as stipulated in the Labor Code.

2. When periods in the Ordinance are defined in days, such time periods are calculated according to working days, excluding holidays as stipulated in the Labor Code.

Article 10. Responsibilities of authorized persons in handling administrative violations

1. Upon discovering an administrative violation, an authorized person performing official duties must impose an administrative penalty according to the procedures stipulated in Chapter VI of the Ordinance on Handling Administrative Violations.

2. If an authorized person imposing administrative penalties abuses their position or authority, harasses, tolerates, covers up, fails to handle, or handles administrative violations leniently; fails to fulfill their responsibilities leading to the expiration of the statute of limitations for imposing administrative penalties; does not strictly adhere to regulations concerning the application of preventive measures and ensuring the handling of administrative violations; issues an administrative violation handling decision contrary to the law, or fails to issue an administrative penalty decision within the time limit specified in Article 56 of the Ordinance, if it does not reach the level of criminal prosecution, they will be disciplined according to the laws governing civil servants and public officials.

Chapter II

FORMS, AUTHORITY TO HANDLE ADMINISTRATIVE VIOLATIONS

Article 11. Revocation of the right to use licenses and practice certificates

The revocation of the right to use licenses and practice certificates under Article 16 of the Ordinance is defined as follows:

1. Revoking the right to use licenses and practice certificates is a supplementary form of punishment, applied alongside the main form of punishment in cases where individuals or organizations seriously violate regulations regarding the use of licenses and practice certificates. Licenses and practice certificates are types of documents issued by state agencies or authorized persons to organizations and individuals according to the law, allowing them to engage in business, activities, or professions in specific fields or to use certain tools or means. Licenses and practice certificates referred to in this Article do not include business registration certificates or personal certificates without the purpose of allowing professional practice.

2. Revoking the right to use licenses and practice certificates can be applied with a time limit or without a time limit, depending on the specific administrative violation, based on the nature and severity of the violation.

The maximum duration for applying the form of punishment of revoking the right to use licenses and practice certificates with a time limit is twelve months; for the form of revoking the right to use licenses and practice certificates without a time limit, the application period is twelve months or more.

The period of revoking the right to use licenses and practice certificates is calculated from the date of temporary detention of the license or practice certificate. In cases where an individual simultaneously commits multiple administrative violations, which are all subject to revocation of the same type of license or practice certificate, only the longest time-limited revocation of the license or practice certificate applicable to these violations will be applied; if they involve different types of licenses or practice certificates, separate applications will be made for each violation.

The period during which the right to use licenses and practice certificates is revoked and specific circumstances under which revocation of the right to use licenses and practice certificates is applied are stipulated in Government Decrees on administrative penalties in various areas of state management.

Article 12. Confiscation of Evidence and Means Used to Commit Administrative Violations

The confiscation of evidence and means used to commit administrative violations under Article 17 of the Ordinance is regulated as follows:

1. Confiscation of evidence and means used to commit administrative violations is a supplementary form of administrative penalty, applied concurrently with the main form of penalty. Procedures and specific cases subject to confiscation of evidence and means are stipulated in the decrees of the Government on administrative penalties in each sector of state management.

2. The form of administrative penalty involving confiscation of evidence and means shall not be applied in cases where the evidence and means were wrongfully appropriated or illegally used by the violator and must be returned to the rightful owner or lawful manager/user. In cases where the evidence is harmful cultural products, counterfeit goods without usable value, items harmful to human health, animals, or crops, they shall be handled according to the provisions of Clause 2, Article 61 of the Ordinance.

Article 13. Other Measures to Mitigate Consequences Specified in Point d, Clause 3, Article 12 of the Ordinance

In addition to the measures to mitigate consequences specified in Points a, b, c, and d, Clause 3, Article 12 of the Ordinance, the Government may prescribe additional measures to mitigate consequences and the authority to decide on the application of such measures in the decrees of the Government on administrative penalties in each sector of state management.

Article 14. Costs for Implementing Measures to Mitigate Consequences Specified in Article 21a of the Ordinance in Cases Where Individuals or Organizations Cannot Implement Such Measures

1. In cases where individuals or organizations cannot implement measures to mitigate consequences caused by their administrative violations as specified in Article 21a of the Ordinance, the competent management agency may only use state budget funds to implement such measures when the following conditions are met:

a) There is a need for funding to mitigate consequences that the individual or organization cannot immediately pay or the implementation process requires the application of technical measures, the use of specialized technical equipment, and the participation of personnel with appropriate expertise to effectively mitigate the consequences caused by administrative violations;

b) It is necessary to promptly implement measures to mitigate consequences to prevent environmental pollution, the spread of diseases, ensure social order and safety, traffic safety, and protect national interests and public welfare.

2. Individuals or organizations committing administrative violations must bear the responsibility to reimburse the costs incurred by the competent management agency in implementing measures to mitigate consequences. If they fail to voluntarily reimburse, coercive enforcement measures will be applied.

Article 15. Determination of Authority to Impose Administrative Penalties

The principle of determining the authority to impose administrative penalties under Article 42 of the Ordinance is specifically defined as follows:

1. The Chairpersons of People's Committees at all levels have the authority to impose penalties for administrative violations in sectors of state management within their localities.

2. The authorities responsible for imposing administrative penalties in state management agencies according to sectors and fields are specifically defined in the decrees of the Government on administrative penalties in each sector of state management.

3. The authority to impose penalties of officials as prescribed by the Ordinance in specific cases is determined as follows:

a) The authority to impose fines is based on the maximum amount of the fine range prescribed for each administrative violation;

b) The authority to apply the confiscation of evidence and means used in administrative violations is based on legal regulations on administrative penalties in each sector of state management prescribing the authority to confiscate evidence and means used in administrative violations for a specific violation. In cases where the Ordinance prescribes the authority to confiscate based on the value of the evidence and means, the actual value of the evidence and means must be considered to determine the authority;

c) The authority to apply the revocation of licenses or certificates is based on legal regulations on administrative penalties in each sector of state management. For violations that prescribe the application of the revocation of licenses or certificates, the official authorized to impose penalties for the violation also has the authority to revoke the license or certificate of the violator; if there are different provisions in laws, those provisions shall apply. Within three days from the date of issuing the decision on administrative penalties, the person who issued the decision must notify in writing the licensing or certification agency about the imposition of the revocation of the license or certificate;

d) The authority to apply measures to mitigate consequences is based on the Ordinance defining the authority to apply such measures, and simultaneously based on the specific violation that prescribes the application of measures to mitigate consequences as stipulated in the decrees of the Government on administrative penalties in each sector of state management;

đ) In cases where the amount of the fine, the value of confiscated evidence and means, or one of the forms of penalties or measures to mitigate consequences does not fall within the authority or exceeds the authority, the official handling the violation case must promptly transfer the case to the official with the authority to impose penalties.

Article 16. Delegation to Handle Administrative Violations

The delegation to handle administrative violations under Article 41 and Clause 2 of Article 45 of the Ordinance shall be regulated as follows:

1. The delegation to handle administrative violations by the positions specified in Article 41 and Article 45 of the Ordinance shall only be implemented by deputy-level officials. The delegation must be carried out in writing. The scope, content, and duration of the delegation to handle administrative violations must be clearly defined.

In cases where a decision to temporarily detain a person according to administrative procedures is made, the delegation may only be implemented when the head is absent.

2. Deputy officials delegated to handle administrative violations shall be responsible for their own decisions on handling administrative violations before the head and the law. The person delegated shall not delegate further to any other individual.

Chapter III

CERTAIN MEASURES TO PREVENT AND ENSURE HANDLING OF ADMINISTRATIVE VIOLATIONS

Article 17. Inspection of Places Concealing Evidence and Means of Administrative Violations

The inspection of places concealing evidence and means of administrative violations under Article 49 of the Ordinance shall be regulated as follows:

1. The inspection of places concealing evidence and means of administrative violations shall only be conducted by those authorized persons in accordance with the provisions of Article 49 of the Ordinance.

2. A place concealing evidence and means of administrative violations is a location where the violator hides physical objects, money, goods, or means of administrative violations. If the violator conceals evidence and means of administrative violations on their person, the body search procedure prescribed in Article 47 of the Ordinance shall apply.

3. In cases where the place concealing evidence and means of administrative violations is a residence, the authorized persons specified in Article 45 of the Ordinance may only conduct inspections after obtaining written consent from the Chairman of the People's Committee of the district where the concealed items are located.

As defined in this provision, a residence is a location used for regular habitation by individuals or households with permanent registration or temporary registration; it includes registered means of transportation if such means serve as regular habitation for individuals or households.

4. Inspections of places concealing evidence and means of administrative violations at night may only be carried out in the following circumstances:

a) Emergency situations, which are cases where there is reasonable grounds to believe that if the inspection is not immediately organized, the evidence and means of administrative violations will be dispersed, destroyed, or the collection of evidence will not be possible;

b) Situations where the inspection of places concealing evidence and means of administrative violations is ongoing but has not yet concluded, which are cases where the inspection began before 10 PM on the same day and has not ended by 5 AM the next morning.

5. All inspections of places concealing evidence and means of administrative violations must be recorded in a report in accordance with the prescribed format.

Article 18. Administrative Bail Procedure

The administrative bail procedure under Article 50 of the Ordinance shall be regulated as follows:

1. Administrative bail is decided by the Chairman of the People's Committee of the district during the period of considering the application of measures such as placement in a reformatory school, educational facility, or medical facility. Administrative bail is assigned to the family or social organization where the subject resides. In cases where the person receiving bail is a minor, administrative bail is assigned to the parents or guardian of that person.

2. The Chairman of the People's Committee of the district issues a decision regarding the assignment of administrative bail to the family or social organization where the subject resides; the decision must specify: date, month, year of the decision; name, position of the decision-maker; name, date of birth, place of residence of the person receiving bail or name, address of the social organization receiving bail; name, date of birth, place of residence of the person being bailed; reasons for assigning bail; duration of bail; responsibilities of the person receiving bail, responsibilities of the person or organization accepting bail, and responsibilities of the People's Committee of the commune where the person being bailed resides; signature of the decision-maker assigning bail. Within five days from the date of issuance, the decision assigning bail must be sent to the person or organization accepting bail, the person being bailed, and the People's Committee of the commune where the person being bailed resides for implementation.

3. The duration of administrative bail is determined by the Chairman of the People's Committee of the district, with a maximum of thirty-five days for cases involving subjects placed in a reformatory school or medical facility, and a maximum of fifty days for cases involving subjects placed in an educational facility. Administrative bail ends upon expiration of the duration specified in the decision assigning bail. In cases where the duration of bail has not expired but a decision has been made to apply an administrative handling measure, the duration of bail ends at the time the subject is taken to implement the administrative handling measure at the reformatory school or educational facility, or medical facility.

Article 19. Responsibilities of Organizations and Individuals During Administrative Bail

1. During the period of administrative bail, the family or social organization entrusted with administrative bail shall be responsible for:

a) Supervising and managing to prevent the person under bail from continuing to violate the law;

b) Ensuring the presence of the person under bail at their place of residence when there is a decision to send them to a reformatory school, educational facility, or medical facility;

c) Reporting promptly to the Chairman of the People's Committee of the commune where the person under bail resides so that the Chairman of the People's Committee can report to the Chairman of the People's Committee of the district in cases where the person under bail absconds or commits acts violating the law during the period of bail.

2. During the period of administrative bail, the person under administrative bail shall be responsible for:

a) Strictly complying with legal regulations on temporary residence and absence. When leaving the commune, ward, or town, they must inform the family or social organization entrusted with bail about the address of the destination and the duration of temporary residence there;

b) Being present at the office of the People's Committee of the commune in a timely manner when requested by the Chairman of the People's Committee of the commune.

3. During the period of administrative bail, the Chairman of the People's Committee of the commune where the person under administrative bail resides shall be responsible for:

a) Informing the family or social organization entrusted with bail and the person under bail about their rights and obligations during the period of bail;

b) Implementing measures to support the family or social organization entrusted with bail in managing and supervising the person under bail at their place of residence;

c) Upon being informed that the person under bail has absconded from their place of residence or committed acts violating the law, the Chairman of the People's Committee of the commune must immediately report to the Chairman of the People's Committee of the district that issued the bail decision to take timely action according to the provisions of the law.

Chapter IV

PROCEDURES FOR ADMINISTRATIVE SANCTIONS

Article 20. Suspension of Violation

The suspension of violation as stipulated in Article 53 of the Ordinance is defined as follows:

Upon discovering an administrative violation, the authorized official performing duties must immediately issue a decision to suspend the violation. The suspension decision may be in writing or expressed verbally, through a horn, signal, or other forms depending on the specific case of violation.

Article 21. Simplified Sanction Procedures

The application of simplified sanction procedures as stipulated in Article 54 of the Ordinance is defined as follows:

1. Applying the simplified sanction procedure as prescribed in Article 54 of the Ordinance refers to the situation where the authorized official imposing sanctions does not prepare an administrative violation record but issues a sanction decision on the spot, except in cases where the administrative violation is discovered through the use of technical equipment. Cases that can be handled under the simplified sanction procedure include:

a) An administrative violation where the prescribed form of sanction is a warning or a fine from VND 10,000 to VND 200,000;

b) Multiple administrative violations committed by one person where the prescribed form of sanction for each violation is a warning or a fine from VND 10,000 to VND 200,000.

2. The sanction decision must be in writing according to the prescribed format. The individual or organization subject to sanction may pay the fine on the spot to the authorized official imposing sanctions and receive a receipt for the fine issued by the Ministry of Finance. In cases where the fine is not paid on the spot, the individual or organization in violation must pay the fine at the State Treasury within the time limit specified in Clause 1 of Article 58 of the Ordinance.

Article 22. Establishment of Administrative Violation Records

The establishment of administrative violation records according to Clause 1, Article 55 and Clause 2, Article 55a of the Ordinance shall be as follows:

1. The person authorized to perform official duties shall be responsible for establishing the record in accordance with the prescribed form for administrative violations they discover and immediately transfer it to the person authorized to impose penalties. The record must contain all signatures as stipulated in Clause 3, Article 55 of the Ordinance.

2. In cases where technical equipment is used to detect administrative violations in ensuring traffic order and safety on roads, railways, inland waterways, maritime, and civil aviation, in addition to the contents specified in Clause 2, Article 55 of the Ordinance, the administrative violation record shall include the following additional contents: the technical equipment used to detect the violation; images, recordings, traces obtained through such technical equipment; other circumstances and evidence (if any).

The establishment of an administrative violation record in cases where the violator intentionally avoids detection is understood as a situation where at the time the authority establishes the administrative violation record, the violator is not present without a legitimate reason.

Article 23. Time Limit for Issuing Penalty Decisions

The time limit for issuing penalty decisions according to Article 56 of the Ordinance is as follows:

1. For simple cases where the violation is clear and does not require further investigation, the decision to impose penalties must be issued within ten days from the date of recording the administrative violation. The administrative penalty decision must follow the prescribed form.

2. For cases with complex circumstances such as objects requiring appraisal, the need to clearly identify the violator or other complex circumstances, the time limit for issuing the penalty decision is thirty days from the date of recording.

3. If additional time is deemed necessary for verification and collection of evidence, the person authorized to impose penalties must report in writing to their direct superior no later than ten days before the deadline set out in Clause 2 of this Article to request an extension; the extension must be in writing; the extended period shall not exceed thirty days.

4. Except for decisions to apply expulsion penalties, the person authorized to impose penalties may not issue penalty decisions in the following cases:

a) When the time limit specified in Clause 1 of this Article has expired:

b) When the time limit for issuing penalty decisions specified in Clause 2 of this Article has expired without requesting an extension or requesting an extension but not being granted permission by the competent authority;

c) When the time limit granted by the competent authority for extension has expired.

5. In cases where a penalty decision is not issued, the person authorized to impose penalties may still issue a decision to apply remedial measures provided for in Clause 3, Article 12 of the Ordinance and confiscate prohibited goods or items involved in the administrative violation.

Article 24. Enforcement of Administrative Penalty Decisions

The enforcement of administrative penalty decisions according to Article 64 of the Ordinance is as follows:

1. Individuals and organizations subject to penalties must comply with the administrative penalty decision within ten days from the date they receive the decision, except where otherwise provided by law. After issuing the penalty decision, the person authorized to impose penalties must deliver the decision to the person subject to penalties or notify them to come and collect it; the date the person subject to penalties receives the penalty decision is considered the delivery date as stipulated in Article 64 of the Ordinance.

2. If individuals and organizations subject to penalties do not voluntarily comply with the decision within the time limit specified in Clause 1 of this Article, they will be subject to compulsory enforcement.

3. In cases where more than one year has passed and the person authorized to impose penalties cannot deliver the penalty decision to the person subject to penalties due to the latter's failure to collect it and the inability to determine their address or due to other objective reasons, the person who issued the penalty decision shall issue a decision to suspend the execution of the penalties recorded in the decision, except for confiscation of goods or items involved in the administrative violation; for goods or items involved in the administrative violation that are currently under temporary detention, the provisions of Clause 4, Article 61 of the Ordinance shall apply; if measures to mitigate environmental pollution, prevent the spread of diseases, or destroy harmful products are required, the person authorized to impose penalties must organize the implementation of these measures. State budget funds will cover the costs of implementing these measures or be deducted from the proceeds of selling confiscated goods or items (if applicable).

Article 25. Decision to Compel Remediation of Consequences in Cases Where Administrative Violation Penalty Decisions Are Not Issued

The decision to compel remediation of consequences in cases where administrative violation penalty decisions are not issued shall be regulated as follows:

1. In cases where the time limit for imposing administrative violation penalties as stipulated in Article 10 of the Ordinance has expired, or where the deadline for issuing a penalty decision as provided for in Article 23 of this Decree has passed, the competent authority shall not issue a penalty decision but may still decide to apply measures to remedy consequences.

2. The decision to compel remediation of consequences must be in writing in accordance with the prescribed form. The decision must clearly state: the date, month, year of the decision; the name, position of the person making the decision; the name, address, occupation of the violator or the name, address of the violating organization; the administrative violation act; relevant circumstances related to the handling of the violation case; the article and clause of the applicable legal document; reasons for not applying the penalty form; remedial measures applied; the deadline for implementing the remediation decision; signature of the decision maker.

Article 26. Determining the Average Level of the Fine Range

The determination of the average level of the fine range under Clause 2 of Article 57 of the Ordinance shall be regulated as follows:

When imposing a fine, the specific amount of the fine for an administrative violation act without aggravating or mitigating circumstances is the average level of the fine range prescribed for that act. The average level of the fine range is determined by dividing the sum of the minimum and maximum levels by two.

Article 27. Cases of Multiple Installment Payment of Fines

1. Multiple installment payment of fines shall be applied when the following conditions are met:

a) Being fined from VND 10,000,000 for individuals and from VND 100,000,000 for organizations;

b) Experiencing special economic difficulties and having a request for multiple installment payments. The request of an individual must be confirmed by the People's Committee of the commune where they reside or the organization where they work regarding their special economic difficulties; for the request of an organization, it must be confirmed by the tax authority (or the agency responsible for state management).

2. The period for multiple installment payment of fines shall not exceed twelve months from the effective date of the penalty decision; the maximum number of installments shall not exceed three times, and each installment shall be at least one-third (1/3) of the total fine amount. Unpaid fines shall accrue interest from the effective date of the penalty decision.

3. The person who issued the fine decision has the right to decide on multiple installment payment of fines. The decision on multiple installment payment of fines must be in writing.

Article 28. Place of Payment of Fines

The place of payment of fines under Article 58 of the Ordinance shall be regulated as follows:

1. Individuals and organizations subject to fines must pay the fines at the State Treasury as stipulated in Article 57 of the Ordinance, except in cases where fines have been paid on the spot and in the cases specified in Clause 2 hereof.

2. In remote areas, isolated regions, on rivers, at sea, or in regions where travel is difficult or outside regular working hours, individuals and organizations subject to fines may pay the fines to the authority authorized to impose penalties.

"Remote and isolated areas" refer to mountainous, island, and other regions far from or without access to the State Treasury.

3. The Ministry of Finance shall specify in detail the collection and payment procedures for fines in the cases specified in Clause 2 hereof.

Article 29. Return of Documents or Seized Items and Means of Transport in Cases Where Execution of Fine Decisions is Suspended or Paid in Installments

The return of documents or seized items and means of transport to ensure the execution of fine decisions in cases where execution of the decision is suspended or paid in installments according to Clause 4, Article 65 of the Ordinance shall be regulated as follows:

1. In cases where individuals are suspended from executing fine decisions as prescribed in Article 65 or individuals and organizations pay fines in installments as prescribed in Clause 5, Article 57 of the Ordinance, such individuals shall be entitled to receive back their vehicle circulation permits, driver's licenses, other necessary documents related thereto, or seized items and means of transport to ensure the execution of fine decisions as prescribed in Clause 3, Article 57 of the Ordinance.

2. The authority responsible for imposing penalties shall have the responsibility to return to those who are suspended from executing fine decisions or those who pay fines in installments the documents or seized items and means of transport temporarily detained as prescribed in Clause 1 of this Article when the decision suspending the execution of fine decisions or the decision on paying fines in installments becomes effective.

Article 30. Transfer of Administrative Violation Penalty Decisions for Enforcement

The transfer of administrative violation penalty decisions for enforcement according to Article 68 of the Ordinance shall be regulated as follows:

1. In cases where individuals or organizations commit administrative violations in administrative units within this province but reside or have offices in another province and do not have conditions to execute the penalty decision at the place where they were penalized, the decision shall be transferred to the agency of the same level where the individual resides or the organization has its office to organize enforcement; if there is no agency of the same level where the individual resides or the organization has its office, the administrative violation penalty decision shall be transferred to the People's Committee of the district where the individual resides or the organization has its office to organize enforcement.

2. In cases where violations occur in the territory of a district within the scope of a mountainous, island, or remote and isolated area where travel is difficult and individuals or organizations committing violations do not have conditions to execute the penalty decision at the place where they were penalized, the decision shall be transferred to the agency of the same level where the individual resides or the organization has its office to organize enforcement.

Article 31. Stamping of Administrative Violation Penalty Decisions

1. The decision on administrative sanctions issued by the competent authority shall be stamped with the seal of the authority issuing the decision for such violation.

2. For administrative violation penalty decisions made by the authority with the power to impose penalties as prescribed in Article 41 of the Ordinance, the stamp shall be affixed on one-third (one-third) of the signature towards the left side of the signature of the person authorized to make the penalty decision.

3. For administrative violation penalty decisions made by authorities with the power to impose penalties that do not have the direct right to stamp, the decision shall be stamped with the seal of the agency issuing the decision in the upper left corner of the decision, where the name of the enforcement agency and the number and code of the decision are recorded.

Article 32. Return of Case Files for Administrative Penalties

The return of case files for administrative penalties according to Article 63 of the Ordinance shall be regulated as follows:

1. In cases where the case file for administrative violations has been transferred to the competent criminal proceedings agency as prescribed in Clause 1, Article 62 of the Ordinance, but it is found that the act of violation does not constitute a criminal offense but has signs of administrative violation, the authority of the criminal proceedings agency must issue a decision to return the case file for administrative violations to the authority with the power to impose administrative violation penalties, and within three days from the date of issuance of the decision, the case file for administrative violations must be returned together with the decision to the authority with the power to impose administrative violation penalties.

2. The authority with the power to impose penalties must issue an administrative violation penalty decision for the case as prescribed in Clause 1 of this Article within the following time limit:

a) If before transferring the case to the criminal proceedings agency, the authority with the power to impose penalties requested an extension of the penalty decision period according to Clause 3, Article 23 of this Decree, the maximum time limit for issuing the penalty decision is ten days from the date of receipt of the decision returning the case file for administrative violations;

b) If before transferring the case to the criminal proceedings agency, the authority with the power to impose penalties did not request an extension of the penalty decision period according to Clause 3, Article 23 of this Decree, the maximum time limit for issuing the penalty decision is fifteen days from the date of receipt of the decision returning the case file for the violation. In cases where additional time is needed to verify and collect evidence, the person handling the case may request an extension of the time limit for issuing the penalty decision according to Clause 3, Article 23 of this Decree.

Article 33. Transfer of Files of Subjects in Criminal Cases Not Prosecuted as Accused for Administrative Violation Handling

The transfer of files of persons involved in criminal cases not prosecuted as accused for administrative violation handling according to Article 63 of the Ordinance shall be regulated as follows:

In the case where a person who has committed a violation in a criminal case has been prosecuted but not prosecuted as an accused, and such violation has signs of administrative violation, then the competent authority of the criminal proceedings agency handling that case must issue a decision to transfer the file of the violation to the competent authority for administrative violation handling. The file of the violation includes: a copy of the record of the violation, the decision to terminate investigation against the subject, objects, means used for the violation (if any), and copies of other relevant documents directly related to the violator.

Article 34. Determining the Value of Objects and Means of Administrative Violations as Basis for Determining Fine Range and Penalty Authority

1. After temporarily seizing objects and means of administrative violations, the competent authority for penalties must conduct valuation as the basis for determining the fine range and penalty authority for administrative violations and bear responsibility for valuing objects and means of administrative violations.

2. Depending on the specific type of objects and means, the determination of value is based on one of the following grounds in the following order of priority:

a) Listed price or price stated on the sales contract or purchase invoice or import declaration;

b) Market price of the objects and means at the time and place of discovery of the administrative violation according to the announcement of the local financial authority;

c) Cost price of the objects and means if they are unsold goods;

d) For objects and means that are fake goods, the value of those objects and means is the market price of genuine goods or goods with the same features, technical specifications, and functions at the time and place of discovery of the administrative violation.

đ) Actual remaining value of the objects and means.

3. In the case where the grounds specified in Clause 2 of this Article cannot be applied to value the objects and means, the authority issuing the penalty decision shall establish a Valuation Board. The Valuation Board must include representatives from the provincial Auction Service Center or the county-level financial authority. Based on the nature and characteristics of each case, the decision-maker establishes the members of the Valuation Board including representatives of relevant specialized agencies participating in the Board.

If the value of the objects and means seized falls within the authority's power to confiscate, the person who issued the temporary seizure decision decides to confiscate; in the case where the value of the objects and means exceeds the confiscation authority of the person who decided on the temporary seizure, the case must be transferred to the person with the authority.

4. The valuation basis and related documents regarding the valuation of goods, objects, and means of administrative violations must be reflected in the administrative violation penalty file.

Article 35. Handling Seized Objects and Means Transferred to the State Treasury Due to Administrative Violations

1. Within five days from the date of the decision to transfer seized objects and means to the state treasury due to administrative violations, the issuing authority must send the confiscation decision and notification to the same-level financial authority. Specifically, for easily deteriorating goods and items involved in administrative violations, the confiscation authority must handle them according to Clause 3 of Article 61 of the Ordinance and the guidance of the Minister of Finance.

2. Within ten days from the date of the decision to seize objects and means involved in administrative violations, the authority issuing the confiscation decision shall take the lead and coordinate with the financial authority and related sectors to organize the handling of these objects and means as follows:

a) For objects such as Vietnamese currency, foreign currency, securities, gold, silver, precious stones, and precious metals, they shall be handed over to the National Treasury; related documents and certificates concerning assets shall be handed over to the provincial or centrally-administered city financial authority;

b) For other objects and means such as weapons; support tools; historical, cultural objects; national treasures; antiques; rare forest products, and other assets, they shall be handed over to the specialized state management agency for management and handling according to the law;

c) For objects and means that have been authorized by the competent authority to hand over to the state agency responsible for management and use, the confiscation authority shall take the lead and coordinate with the financial authority to organize the handover to the state agency responsible for management and use.

The handover and acceptance of objects and means as stipulated in points a, b, and c of Clause 2 of this Article must be carried out in accordance with the law on the handover and acceptance of state assets;

d) For objects and means that are goods and items not eligible for auction, they shall be handled according to the regulations applicable to such goods and items;

đ) For objects and means confiscated and sold to the state treasury, they must be handed over for auction in accordance with the law on asset auction.

The handover of objects and means as stipulated in Articles 1 and 2 of this Article must be recorded in a handover record. The handover record of objects and means must clearly state: the date, month, year of handover; the handover person; the recipient, signatures of the handover and recipient persons; quantity, condition (quality) of the confiscated objects and means; responsibility for preserving the confiscated objects and means.

The file for handing over objects and means involved in administrative violations to the receiving authority for asset handling and the provincial Auction Service Center or the county-level Auction Council includes: the confiscation decision to transfer to the state treasury; related documents and certificates concerning lawful ownership and usage rights (if any) and other relevant documents.

e) For seized items and means that cannot be sold, the head of the agency issuing the confiscation decision shall establish a Liquidation Committee to liquidate the assets within sixty days from the date of receipt of the notification document from the Provincial Auction Center or the District Auction Board regarding the unsold seized items and means.

The members of the Liquidation Committee include: the leader of the agency issuing the confiscation decision as the Chairman of the Committee; the financial department leader at the same level as the Vice-Chairman of the Committee. Depending on the nature and characteristics of the items and means to be liquidated and the actual situation in the locality, the person authorized to establish the Committee decides on the participation of representatives from judicial agencies, market management agencies, and other relevant specialized agencies.

Article 36. Transfer of Administrative Violation Items and Means for Public Auction

1. For administrative violation items and means confiscated for public funds according to Clause 1 of Article 61 of the Ordinance, the person who issued the confiscation decision is responsible for preserving such items and means. Based on the value of the items and means determined according to Article 34 of this Decree, within ten days from the date of the confiscation decision, the person who made the confiscation decision must transfer the administrative violation items and means to the responsible agency for public auction as stipulated in Clause 1 of Article 61 of the Ordinance. The transfer of confiscated administrative violation items and means to the Provincial Auction Service Center or the District Auction Board does not depend on the value of the administrative violation items and means.

2. The transfer of items and means to the responsible agency for public auction must be recorded in a protocol. In the protocol, it must clearly state: the date of transfer; the transferor; the recipient; signatures of the transferor and recipient; quantity and condition of the confiscated items and means; responsibility for preserving the confiscated items and means for public auction. The handover dossier for transferring administrative violation items and means to the responsible agency for public auction includes: the confiscation decision; related documents and materials concerning ownership and lawful usage rights (if any); valuation document of the items and means and the handover protocol.

3. In cases where the administrative violation items and means are bulky goods or in large quantities and the Provincial Auction Service Center or the District Auction Board do not have storage facilities, after completing the handover procedures, they may enter into a property preservation contract with the current holder of the items and means. The costs for implementing the contract will be paid from the proceeds of the public auction of the items and means after the auction as stipulated in Clause 1 of Article 37 of this Decree.

4. When the administrative violation items and means confiscated have been transferred to the responsible agency for public auction, the sale process of these items and means shall be carried out in accordance with the laws on public auction of assets.

Article 37. Management of funds obtained from the auction of seized items and means of transportation transferred to the state treasury due to administrative violations

Clause 1. The funds obtained from the auction of seized items and means of transportation transferred to the state treasury must be deposited into a temporary holding account at the State Treasury at the same level as the financial agency after deducting expenses for transportation, delivery, storage, and auction fees as prescribed by law.

Clause 2. Financial agencies at all levels are responsible for paying reasonable and lawful expenses related to verification, investigation, purchasing information, apprehension, providing information on discovery, handling violations, asset processing (classification, valuation), and other expenses related to asset management. The remaining amount shall be deposited into the state budget in accordance with current laws on the分级处理不符合要求，直接翻译如下：

The Minister of Finance shall provide guidance on the implementation of the provisions of Clauses 1 and 2 of this Article.

Article 38. Issuance of sample minutes and decisions for use in handling administrative violations.

Sample minutes and decisions for use in imposing administrative penalties shall be issued together with decrees stipulating administrative penalty regulations in various fields of state administration based on Articles 46, 47, 48, 49, 54, 55, 55a, 56, 61, 71, 78, 87, and 96 of the Administrative Violation Handling Ordinance.

Chapter V

IMPLEMENTING PROVISIONS

Article 39. Effectiveness of the Decree

This Decree takes effect from January 1, 2009, and replaces Decree No. 134/2003/NĐ-CP dated November 14, 2003, detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance 2002.

Article 40. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.