Decree No. 134/2003/ND-CP detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance 2002

DECREE

of the Government Decision No. 134/2003/NĐ-CP dated November 14, 2003 detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance 2002

detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance 2002

_________________

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;

At the proposal of the Minister of Justice,

DECREE:

PART I

General Provisions

Article 1. Scope of Regulation

This Decree details the implementation of certain provisions of the Administrative Violation Handling Ordinance 2002 (hereinafter referred to as the Ordinance) regarding some general principles, forms, authorities, procedures, and the application of certain preventive measures and guarantees for handling administrative violations.

Article 2. Authority to define administrative violation acts

The authority to define administrative violation acts 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 remedy consequences applicable to each act of administrative violation; defining penalty ranges and amounts in cases of fines; defining preventive measures and guarantees for handling administrative violations.

Determining the range and amount of fines for acts of administrative violations is based on the nature and degree of the violation.

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 are only subject to administrative violation penalties when they commit acts of administrative violations as prescribed by law:

Individuals and organizations are only subject to administrative violation penalties when they commit acts of administrative violations specifically defined in laws enacted by the National Assembly, ordinances enacted by the Standing Committee of the National Assembly, and decrees issued by 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 according to their authority shall not define acts of administrative violations and forms and levels of penalties.

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

a) An act of administrative violation that has been penalized with a decision or recorded in a record for punishment by an authorized person shall not be recorded again or punished a second time for the same act. In cases where the act of violation continues despite an order to cease from the authorized person who imposed the penalty, 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 with a decision by an authorized person shall not simultaneously be subject to other administrative measures provided for in Article 22 of the Ordinance;

c) In cases where an act of violation has signs of criminal offenses and the case file is transferred for criminal responsibility pursuit, if there was a previous penalty decision, the decision maker must revoke the penalty decision; if no penalty decision was made, no administrative violation 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 authorized person imposing the penalty shall base the decision on the nature and degree of the violation, the background of the violator, aggravating and mitigating circumstances to impose penalties on each joint violator;

4. When an individual commits multiple acts of administrative violation, penalties shall be imposed 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 under Clause 6, Article 3 of the Ordinance are specified as follows:

1. A situation of urgency is a situation where a person, in order to avoid a real threat to the interests of the State, of agencies or organizations, or to 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. An unexpected event is a situation where the consequences of the act cannot be foreseen or are not required to be foreseen.

4. In the case where a person commits an administrative violation while suffering from mental illness or another disease causing loss of capacity for recognition or control over their actions.

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 and Clauses 2 and 3 of Article 611 of the Civil Code.

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 closely 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 was committed but not yet punished and the statute of limitations for punishment has not expired.

3. Recidivism in the same field is a case where, after being punished, within one year from the date of completion of the execution of the punishment decision or from the date when the statute of limitations for enforcement of the punishment decision expires as stipulated in Article 69 of the Ordinance, the person again commits an administrative violation in the same field previously punished.

"Field" as defined in this clause refers to the fields of state management prescribed in separate decrees of the Government 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 under Clause 1, Article 11 of the Ordinance is specified as follows:

Individuals or organizations that have been punished for administrative violations, if within one year from the date of completing the execution of the punishment decision (that is, from the date of fulfilling all obligations and requirements stated in the punishment decision or from the date when the punishment decision is enforced compulsorily) or from the date when the statute of limitations for enforcement of the punishment decision expires as stipulated in Article 69 of the Ordinance, do not commit any administrative violation in the same field previously punished, shall be considered as not having been punished for such administrative violation.

Article 8. Time Limit for Being Considered as Not Having Been Subject to Other Administrative Sanctions

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

Individuals who have been subjected to community education, sent to a specialized school, placed in an educational facility, a medical facility, or administrative supervision, if within two years from the date of completing the execution of the administrative sanction decision (that is, from the date when the period of community education, specialized school, educational facility, medical facility, or administrative supervision ends), or from the date when the statute of limitations for enforcement of the administrative sanction decision expires as stipulated in Articles 73, 82, 91, 100, and 108 of the Ordinance, do not commit any administrative violation subject to one of the other administrative sanctions prescribed in this clause, shall be considered as not having been subjected to such administrative sanction.

Article 9. Calculation of Time Limits and Prescriptive Periods in Administrative Violation Handling

1. When time limits or prescriptive periods under the Ordinance are specified in months or years, such periods shall be calculated according to the Gregorian calendar month or year, including holidays as prescribed by the Labor Code.

2. When time limits under the Ordinance are specified in days, such periods shall be calculated according to working days, excluding holidays as prescribed by the Labor Code.

Article 10. Responsibilities of Authorities in Handling Administrative Violations

1. Upon discovering an administrative violation, the authority with the power to impose administrative penalties must immediately issue an order to stop the violation and issue a penalty decision within their authority; if the case does not fall within their jurisdiction or exceeds their authority, they have the responsibility to record it according to the prescribed model and promptly transfer it to the authority with the power to impose penalties.

2. If an authority with the power to impose administrative penalties abuses their position or powers, harasses, tolerates, covers up, fails to handle, or handles administrative violations leniently; fails to strictly adhere to regulations on applying preventive measures and ensuring the handling of administrative violations; issues decisions to handle administrative violations contrary to the law, or fails to issue a penalty decision within the time limit stipulated in Article 56 of the Ordinance, they will be subject to disciplinary action under the laws governing civil servants and public officials, if the actions do not warrant criminal prosecution.

Chapter II

Forms and Authority for Handling Administrative Violations

Article 11. Revocation of Permission and Professional Certificates

The revocation of permission and professional certificates under Article 16 of the Ordinance is regulated as follows:

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

2. Revoking the right to use permission and professional certificates can be applied for a limited period or indefinitely, depending on the nature and severity of the specific administrative violation. The duration of the revocation and specific circumstances for revocation are stipulated in government decrees on administrative violation penalties in each sector of state management.

Article 12. Confiscation of Evidence and Means Used in Administrative Violations

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

1. Confiscating evidence and means used in administrative violations is a supplementary form of punishment, applied alongside the main form of punishment. Procedures and specific circumstances for confiscation are stipulated in government decrees on administrative violation penalties in each sector of state management.

2. The form of punishment involving the confiscation of evidence and means shall not be applied when the evidence and means have been improperly seized or 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 with no value for use, or items harmful to human health, animals, or plants, they shall be handled according to the provisions of Clause 2, Article 61 of the Ordinance.

Article 13. Determination of Administrative Offense Penalty Authority

The principle for determining administrative offense penalty authority according to Article 42 of the Ordinance is specified as follows:

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

2. The authorities of state management agencies by sector and field have the authority to impose penalties on administrative offenses as specifically provided in Government Decrees on administrative offense penalties in each field of state management.

3. The authority of positions to impose penalties as stipulated by the Ordinance in specific cases shall be determined as follows:

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

b) The authority to apply confiscation of contraband items and means of committing administrative offenses is determined based on legal normative documents on administrative offense penalties in each field of state management that prescribe the authority to confiscate contraband items and means of committing administrative offenses for a specific administrative offense. In cases where the Ordinance prescribes confiscation authority based on the value of contraband items and means of committing administrative offenses, it must be based on the actual value of such items and means to determine the authority.

c) The authority to apply the form of revoking the right to use licenses and certificates of practice is determined based on legal normative documents on administrative offense penalties in each field of state management. For administrative offenses with provisions for applying the form of penalty of revoking the right to use licenses and certificates of practice, the position authorized to impose penalties for such administrative offenses also has the authority to impose penalties of revoking the right to use licenses or certificates of practice against the violator; if there are different provisions in laws, those provisions shall apply. Within three days from the date of the administrative offense penalty decision, the person who issued the decision must notify in writing the agency issuing the license or certificate of practice about the application of the penalty form of revoking the right to use licenses or certificates of practice.

d) The authority to apply measures to remedy consequences is determined based on the Ordinance prescribing the position having the authority to apply measures to remedy consequences; simultaneously, based on the specific administrative offense with provisions for applying measures to remedy consequences as prescribed in Government Decrees on administrative offense penalties in each field of state management.

e) In cases where the fine amount, the value of confiscated contraband items and means, or one of the forms of penalties or measures to remedy consequences does not fall within the authority or exceeds the authority, the person handling the violation case must promptly transfer the violation case to the person with the authority to impose penalties. if exceeding authority, the person handling the violation case must promptly transfer that violation case to the person with the authority to impose penalties.

Article 14. Delegation to Handle Administrative Violations

The delegation to handle administrative violations according to Article 41 of the Ordinance is specified as follows:

1. The delegation to handle administrative violations by positions prescribed in Article 41 of the Ordinance can only be implemented for direct deputies. Delegation can only be carried out in writing and when the head is absent.

2. The deputy delegated by the head has the authority to handle administrative violations within the scope of the head's authority and must bear responsibility for the administrative violation handling decisions made by themselves. The person delegated cannot delegate further to any other individual.

Chapter III

Some preventive measures and guarantees

for handling administrative violations

Article 15. Inspection of places where objects and means of administrative violations are concealed

The inspection of places where objects and means of administrative violations are concealed under Article 49 of the Ordinance shall be regulated as follows:

1. The inspection of places where objects and means of administrative violations are concealed shall only be conducted by persons with authority in accordance with the provisions of Article 49 of the Ordinance.

2. A place where objects and means of administrative violations are concealed is a location at which the violator conceals physical items, money, goods, or means of administrative violations. If the violator conceals objects and means of administrative violations on their person, the body search measures provided for in Article 47 of the Ordinance shall be applied.

3. In cases where the place where objects and means of administrative violations are concealed is a residence, the persons with authority 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 objects and means are concealed.

The residence referred to in this Article is a location used for regular habitation by an individual or household with permanent registration or temporary registration; it includes registered means of transportation if such means serve as regular habitation for an individual or household.

4. All inspections of places where objects and means of administrative violations are concealed must be documented in a record according to the prescribed format.

Article 16. 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 one of the measures of sending to a reformatory school, sending to an educational facility, or sending to a medical facility. Administrative bail is assigned to the family or social organization where the subject resides to carry out. In cases where the person receiving bail is a minor, administrative bail is assigned to the parents or guardian of that person to carry out.

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 clearly state: the date, month, year of the decision; the name, position of the decision-maker; the name, date of birth, place of residence of the person receiving the bail or the name, address of the social organization receiving the bail; the name, date of birth, place of residence of the person being bailed; the reason for assigning the bail; the duration of the bail; the responsibilities of the person receiving the bail, the responsibilities of the person or organization accepting the bail, and the responsibilities of the People's Committee of the commune where the person being bailed resides; the signature of the decision-maker assigning the bail. Within five days from the date of issuance, the decision assigning the bail must be sent to the person or organization accepting the 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 decided by the Chairman of the People's Committee of the district, with a maximum of thirty-five days for cases where the person receiving bail is subject to placement in a reformatory school or a medical facility, and a maximum of fifty days for cases where the person receiving bail is subject to placement in an educational facility. The administrative bail ends when the duration stated in the decision assigning the bail expires. In cases where the bail period has not yet expired but there is a decision to apply an administrative handling measure, the bail period ends at the time the subject is taken to implement the administrative handling measure at a reformatory school or an educational facility, or a medical facility.

Article 17. 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 of the commune 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, town area, they must inform the family or social organization entrusted with bail about the address of the destination and the duration of stay 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 measures according to the provisions of the law.

Chapter IV

2. Organizations and individuals fined must pay the fine at the place designated in the administrative penalty decision and receive a receipt for the fine payment. In remote, isolated areas, on rivers, at sea, or in regions where travel is difficult, or outside regular working hours, individuals and organizations subject to penalties may pay the fine to the person authorized to impose penalties and receive a receipt for the fine payment.

Article 18. Suspension of Violations

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

Upon discovering administrative violations, the authorized authority must immediately issue a decision to suspend the violation. The suspension decision may be in the form of a written decision or a verbal decision, whistle, signal, or other forms depending on the specific case of violation.

Article 19. Simplified Penalty Procedure

The application of the simplified penalty procedure as stipulated in Article 54 of the Ordinance is defined as follows:

1. The simplified penalty procedure prescribed in Article 54 of the Ordinance applies to cases where the authorized authority does not prepare a record but issues a penalty decision on the spot. Cases that can be handled through the simplified penalty procedure include:

a) Administrative offense where the prescribed fine is a warning or a fine up to 100,000 VND;

b) Multiple administrative violations committed by one person, where the form and level of penalty prescribed for each violation are all warnings or fines up to 100,000 VND;

2. In cases of penalties under the simplified procedure, the authorized authority does not prepare a record but issues a penalty decision on the spot. The penalty decision must be in writing according to the prescribed format. Individuals or organizations subject to penalties may pay the fine on the spot to the authorized authority and receive a receipt for the fine issued by the Ministry of Finance. In cases where payment is not made on the spot, individuals or organizations 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 20. Establishment of Administrative Violation Records

The establishment of administrative violation records according to Clause 1 of Article 55 of the Ordinance is prescribed as follows:

1. A person with authority who is performing official duties shall be responsible for establishing the record in accordance with the prescribed form for administrative violations that they discover and promptly transferring it to the person with authority to impose penalties. The record must contain all signatures as stipulated in Clause 3 of Article 55 of the Ordinance.

2. In cases where the person establishing the record does not have the authority to impose penalties, the head of that person is also the person with authority to impose penalties and must sign the record; if necessary, verification should be conducted before signing the record.

Article 21. Time Limit for Issuing Penalty Decisions

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

1. For simple cases where the violation is clear and no additional verification is needed, a penalty decision must be issued within ten days from the date of recording the administrative violation. The administrative violation penalty decision must follow the prescribed form.

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

3. In cases where additional time is deemed necessary for verification and gathering evidence, the person with authority to impose penalties must report in writing to their direct superior at least ten days before the end of the time limit specified in Clause 2 of this Article to request an extension; the extension must be in writing; the extension period shall not exceed thirty days.

4. Except for decisions to apply expulsion as a penalty form, the person with authority may not issue a penalty decision 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 a penalty decision specified in Clause 2 of this Article has expired without requesting an extension or when an extension was requested but not granted by the competent authority;

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

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

Article 22. Enforcement of Administrative Violation Penalty Decisions

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

1. Individuals and organizations subject to penalties must comply with the administrative violation 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 with authority to impose penalties must deliver the decision to the person being penalized or notify them to come and collect it; the date the person being penalized receives the penalty decision is considered the delivery date as stipulated in Article 64 of the Ordinance.

2. If individuals or organizations subject to penalties do not voluntarily comply 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 with authority cannot deliver the penalty decision to the person being penalized due to their non-attendance and unidentifiable address or other objective reasons, the person who issued the decision shall issue a decision to suspend the execution of the penalty forms and remedial measures recorded in the decision for that person, except for the confiscation of goods or items involved in the administrative violation; for goods or items involved in the administrative violation currently under temporary detention, the provisions of Clause 4 of Article 61 of the Ordinance shall be applied; if it is necessary to implement measures to mitigate environmental pollution, prevent disease spread, or destroy harmful items, the person with authority must organize the implementation of these measures. The state budget will cover the costs of implementing these measures or deduct them from the proceeds of selling confiscated goods or items (if applicable).

Article 23. Decision on Compulsory Remedial Measures in Cases Where No Administrative Violation Penalty Decision is Issued

The decision on compulsory remedial measures in cases where no administrative violation penalty decision is issued is prescribed as follows:

1. In cases where the statute of limitations for administrative violations as stipulated in Article 10 of the Ordinance or the time limit for issuing a penalty decision as stipulated in Article 21 of this Decree has expired, the person with authority may not issue a penalty decision, but can still decide to apply remedial measures.

2. The decision on compulsory remedial measures must be in writing and follow the prescribed form. In the decision, the following must be clearly stated: the date, month, and year of the decision; the name, position of the decision-maker; the name, address, occupation of the violator or the name, address of the violating organization; the administrative violation; related circumstances in resolving the violation; the article and clause of the legal document applied; the reason for not applying a penalty form; the remedial measures applied; the deadline for enforcing the remedial measure decision; the signature of the decision-maker.

Article 24. Determination of the Average Amount of the Fine Range

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

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

Article 25. Place to Pay the Fine

The place to pay the fine under Article 58 of the Ordinance shall be as follows:

1. Individuals and organizations subject to punishment must pay the fine at the State Treasury according to the provisions of Article 57 of the Ordinance, except in cases where the fine has been paid on the spot and in the cases stipulated in Clause 2 of this Article;

2. In remote areas, isolated regions, on rivers, at sea, or in areas where travel is difficult or outside working hours, individuals and organizations subject to punishment may pay the fine to the authority with the power to impose punishment.

"Remote and isolated areas" refer to mountainous regions, islands, and other places far from or without state treasuries;

3. The Ministry of Finance shall specify the collection and payment procedures for fines in the cases stipulated in Clause 2 of this Article.

Article 26. Return of Documents or Seized Items and Means of Transport in Cases of Deferred Execution of Fine Decisions

The return of documents or seized items and means of transport held as security for the execution of fine decisions in cases of deferred execution of decisions under Clause 4, Article 65 of the Ordinance shall be as follows:

1. In cases where an individual is granted deferred execution of a fine decision under the provisions of Article 65 of the Ordinance, they shall be entitled to reclaim their vehicle registration permit, driver's license, and other necessary related documents, or seized items and means of transport held as security for the execution of the fine decision as prescribed in Clause 3, Article 57 of the Ordinance;

2. The authority with the power to impose punishment shall be responsible for returning to the individual granted deferred execution of the fine decision the documents or seized items and means of transport specified in Clause 1 of this Article when the decision granting deferred execution of the fine decision takes effect.

Article 27. Transfer of Administrative Violation Punishment Decisions for Enforcement

The transfer of administrative violation punishment decisions for enforcement under Article 68 of the Ordinance shall be as follows:

1. In cases where an individual or organization commits an administrative violation in an administrative unit within this province but resides or has its headquarters in another province and does not have the conditions to execute the punishment decision at the place of punishment, the decision shall be transferred to the equivalent agency at the place of residence or headquarters of the individual or organization to organize enforcement; if there is no equivalent agency at the place of residence or headquarters, the punishment decision shall be transferred to the People's Committee of the district to organize enforcement;

2. In cases where the violation occurs in a district within the territory of a mountainous, island, or other remote and isolated region where travel is difficult, and the individual or organization committing the violation does not have the conditions to execute the punishment decision at the place of punishment, the decision shall be transferred to the equivalent agency at the place of residence or headquarters of the individual or organization to organize enforcement.

Article 28. Stamping of Administrative Offense Penalty Decisions

1. The administrative offense penalty decision of the authorized authority shall be stamped with the seal of the authorized authority for that act.

2. For the administrative offense penalty decision of the authorized authority 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 authorized authority making the penalty decision.

3. For the administrative offense penalty decisions of those authorized authorities which do not have the direct right to stamp, the penalty decision shall be stamped with the seal of the authority issuing the decision at the top left corner of the decision where the name of the administrative penalty authority and the number, code of the decision are recorded.

Article 29. Returning Case Files for Administrative Penalties

Returning case files for administrative penalties under Article 63 of the Ordinance is regulated as follows:

1. In cases where the case file of the violation has been transferred to the competent criminal prosecution agency according to Clause 1, Article 62 of the Ordinance, but it is found that the violation does not constitute a criminal offense but has signs of administrative violations, the authorized person of the criminal prosecution agency must issue a decision to return the case file of the violation to the authorized authority for administrative penalty handling, and within three days from the date of issuance of the decision, the case file of the violation must be returned together with the decision to the authorized authority for administrative penalty handling; 2. The authorized authority for administrative penalty handling must issue an administrative penalty decision for the violation case stipulated in Clause 1 of this Article within the following time limit:

a) If before transferring the violation case to the criminal prosecution agency, the authorized authority for administrative penalty handling had requested an extension of the penalty decision period according to Clause 3, Article 21 of this Decree, then the maximum time limit for issuing the administrative penalty decision is ten days, counted from the date of receipt of the decision returning the case file of the violation;

b) If before transferring the violation case to the criminal prosecution agency, the authorized authority for administrative penalty handling had not requested an extension of the penalty decision period according to Clause 3, Article 21 of this Decree, then the maximum time limit for issuing the administrative penalty decision is fifteen days, counted from the date of receipt of the decision returning the violation case file. In cases where additional time is needed for verification and collection of evidence, the person handling the violation case may request an extension of the time limit for issuing the administrative penalty decision according to Clause 3, Article 21 of this Decree.

b) If before transferring the violation case to the criminal proceedings agency, the person with the authority to impose penalties has not yet requested an extension of the penalty decision deadline as stipulated in Clause 3, Article 21 of this Decree, then the maximum deadline for issuing the penalty decision is 15 days, counted from the date of receiving the decision to return the violation case file. In cases where additional time is deemed necessary for verification and evidence collection, the person handling the violation case may request an extension of the deadline for issuing the penalty decision as provided in Clause 3, Article 21 of this Decree. decision on the penalty according to the provisions of Clause 3, Article 21 of this Decree.

Article 30. Transfer of Case Files of Criminal Cases Not Prosecuted as Defendants for Administrative Violation Handling

The transfer of case files of persons involved in criminal cases not prosecuted as defendants for administrative violation handling under Article 63 of the Ordinance is regulated as follows:

In cases where the person committing the violation is involved in a criminal case that has been initiated but not prosecuted as a defendant, and the violation has signs of administrative violations, the authorized person of the criminal prosecution agency handling the case must issue a decision to transfer the case file of the violation to the authorized authority for administrative violation handling. The case file of the violation includes: a copy of the record of the violation, the decision to terminate the investigation against the violator, objects, means used in the violation (if any), and copies of other relevant documents directly related to the violator.

Article 31. Determination of the Value of Seized Items and Means of Administrative Violations

1. After temporarily seizing items and means of administrative violations, if it is deemed necessary to apply the measure of confiscating such items and means, the person who issued the temporary seizure decision must invite representatives from the financial authority at the same level to examine and appraise the value of the seized items and means.. In cases where the seized items and means of administrative violations are difficult to appraise or there is no consensus between the authorized person deciding on confiscation and the representative of the financial authority, the authorized person deciding on confiscation of the items and means of administrative violations must establish an appraisal committee for the seized items and means with the participation of representatives from the provincial asset auction service center and other relevant authorities to determine their value.

If the value of the seized items and means falls within the confiscation authority of the person who issued the temporary seizure decision, that person decides on confiscation; in cases where the value of the seized items 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 appropriate authority.

The value of confiscated items and means is determined according to the provisions of this Article and serves as the basis for considering and deciding on the transfer of seized items and means to the provincial asset auction service center or transferring them to the county-level financial authority for auction in accordance with Article 33 of this Decree.

2. The determination of the value of seized items and means as stipulated in Clause 1 of this Article must follow the guidelines of the Minister of Finance.

Article 32. Handling of Confiscated Items and Means Transferred to the State Treasury Due to Administrative Violations

1. Within five days from the date of issuing the decision to transfer seized items and means to the state treasury due to administrative violations, the issuing agency must send the confiscation decision and notification to the financial authority at the same level. For seized items and means that are goods and products prone to damage, the authorized person confiscating them must handle them in accordance with Clause 3 of Article 61 of the Ordinance and the guidelines of the Minister of Finance.

2. Within ten days from the date of issuing the decision to confiscate seized items and means due to administrative violations, the agency issuing the confiscation decision must take the lead and coordinate with the financial authority and related departments to organize the handling of these seized items and means as follows:

a) For seized items such as Vietnamese currency, foreign currency, valuable certificates, gold, silver, precious stones, and precious metals, they shall be handed over to the state treasury; related documents and materials concerning the assets shall be handed over to the provincial financial authority;

b) For other seized items and means such as weapons; auxiliary tools; objects of historical, cultural value; national treasures; antiques; rare forest products, and other assets, they shall be handed over to specialized state management agencies for management and disposal in accordance with the law;

c) For seized items and means that have been decided by the competent authority to be transferred to state agencies responsible for management and use, the agency issuing the confiscation decision must take the lead and coordinate with the financial authority to organize the transfer to the state agencies responsible for management and use.

The handover and acceptance of seized items 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 seized items and means that cannot be auctioned, they must be handled in accordance with the regulations governing such goods and items;

e) For seized items and means sold to the state treasury, they must be transferred for auction in accordance with the law on asset auction.

The transfer of seized items and means as stipulated in Clauses 1 and 2 of this Article must be recorded in a protocol. The handover protocol must clearly record: the date of handover; the person handing over; the person receiving; signatures of the handover and receiving parties; quantity and condition (quality) of the seized items and means; responsibility for preserving the seized items and means.

The handover dossier for seized items and means of administrative violations to the receiving agency for asset handling and the provincial asset auction service center includes: the decision to transfer seized items and means to the state treasury; documents and materials related to ownership rights and lawful usage rights (if any), and other related documents.

Article 33. Transfer of Contraband Items and Means of Violation for Public Auction

For contraband items and means of violation confiscated to be incorporated into state funds according to Clause 1 of Article 61 of the Ordinance, the person who made the confiscation decision shall be responsible for preserving such items and means. Based on the value of the contraband items and means determined according to Article 31 of this Decree, within ten days from the date of the confiscation decision, the person making the confiscation decision must transfer the contraband items and means of violation to the competent authority for public auction according to the following provisions:

1. If the contraband items and means of a violation case have a value under VND 10,000,000, the person who made the confiscation decision must hand them over to the financial agency at the district level to organize the public auction;

2. If the contraband items and means of a violation case have a value of VND 10,000,000 or more, the person deciding on the confiscation must hand them over to the Provincial Service Center for Public Auction where the contraband items and means were confiscated to organize the public auction.

The valuation of contraband items and means of violation for transfer to public auction must be consistent with market prices for the confiscated items and means. The Minister of Finance shall guide the determination of the initial price for public auctioning of the contraband items and means specified in Clauses 1 and 2 above;

3. The transfer of contraband items and means to the competent authority for public auction must be recorded in a protocol. In the protocol, it must clearly state: the date of transfer; the person transferring; the person receiving; signatures of the transferor and recipient; quantity and condition of the confiscated contraband items and means; responsibility for preserving the confiscated contraband items and means for public auction. The documentation for transferring contraband items and means of violation to the competent authority for public auction includes: the confiscation decision; related documents concerning ownership and lawful use rights (if any); valuation document of the contraband items and means and the transfer protocol;

4. In cases where the contraband items and means of violation are bulky goods or in large quantities, and the Provincial Service Center for Public Auction or the financial agency at the district level does not have storage facilities, after completing the transfer procedures, they may enter into a contract for asset preservation with the current holder of the contraband items and means. The costs for implementing the contract will be paid from the proceeds of the public auction of the contraband items and means after the auction according to Clause 5 of this Article;

5. When the contraband items and means of violation have been transferred to the competent authority for public auction, the procedures for selling the assets through public auction shall be carried out in accordance with the laws on public auction of assets.

Article 34. Management of Proceeds from the Public Auction of Contraband Items and Means Confiscated and Incorporated into State Funds Due to Administrative Violations

1. The proceeds from the public auction of contraband items and means confiscated and incorporated into state funds must be deposited into the temporary account of the financial agency at the national treasury at the same level after deducting expenses for transportation, delivery, preservation, and auction fees as prescribed by law.

2. Financial agencies at all levels are responsible for settling reasonable and legitimate expenses related to verification, investigation, purchasing information, apprehension, providing information for discovering violations, handling violations, managing assets (classification, valuation), and other related expenses. The remaining amount shall be deposited into the state budget according to the current laws on the分级预算管理。请注意，最后一条的翻译需要完整且准确地反映原文内容，但似乎在转换过程中被中断了。以下是完整的翻译：

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

Chapter V

Implementation Provisions

Article 35. Effectiveness of the Decree

This Decree shall take effect fifteen days after its publication in the Official Gazette. Attached to this Decree are Appendix 05 containing five model minutes and Appendix 09 containing nine model decisions for use in administrative violation penalty proceedings.

Article 36. Organization of Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of People's Councils, and Chairpersons of People's Committees of provinces and centrally governed cities are responsible for organizing the implementation of this Decree./.