Decree No. 166/2013/NĐ-CP on enforcement measures for administrative penalty decisions

DECREE

Regulations on Compulsory Enforcement of Administrative Penalty Decisions

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

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

At the proposal of the Minister of Public Security,

The Government promulgates this Decree to regulate compulsory enforcement of administrative penalty decisions.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates principles, procedures, and formalities for applying coercive measures to enforce administrative penalty decisions and decisions to apply remedial measures due to administrative violations when penalties are not applied, responsibilities for enforcement, and guarantees for enforcement of coercive decisions.

Article 2. Applicability

1. Individuals and organizations of Vietnam; foreign individuals and organizations subject to administrative penalties who have exceeded the deadline for compliance with or suspension of the administrative penalty decision or have exceeded the deadline for compliance with the decision to apply remedial measures due to administrative violations without voluntarily complying.

In cases where international treaties to which the Socialist Republic of Vietnam is a member provide different provisions, such provisions shall be implemented.

2. Authorities with jurisdiction, agencies responsible for organizing compulsory enforcement, and other organizations and individuals related to compulsory enforcement.

2. Industrial emission testing must ensure timeliness, accuracy, objectivity, compliance with procedures, and adherence to legal provisions.

Compulsory enforcement may only be carried out based on a written decision of the authority with jurisdiction.

2. The decision to apply coercive measures must be based on the content, nature, degree, and conditions for enforcing the coercive decision and the actual situation at the locality.

3. The authority issuing the coercive decision decides to apply coercive measures in the order prescribed in Clause 2, Article 86 of the Law on Handling Administrative Violations. Subsequent measures may only be applied if the previous measures cannot be applied or have been applied but have not collected the full amount specified in the coercive decision.

Article 4. Sources of funds deducted and assets seized from organizations subject to compulsory enforcement

1. For state agencies, armed forces units, political organizations, and political-social organizations subject to coercive measures involving deductions and seizures of assets and payment of costs for compulsory enforcement activities, deductions shall be made from the budget of the agency, unit, or organization.

2. For state-owned public service units with income and armed forces units permitted to organize revenue-generating activities under the law, when deductions and seizures of assets and payments for compulsory enforcement activities are required, they shall be sourced from the income and assets generated by these activities.

3. For social organizations, occupational associations, non-governmental organizations, and social and charitable funds, deductions and seizures of assets and payments for compulsory enforcement activities shall be sourced from the funds and assets of the organization or fund.

4. For enterprises and cooperatives, deductions and seizures of assets and payments for compulsory enforcement activities shall be sourced from the funds, assets, or monetary income of the enterprise or cooperative.

Article 5. Delivery of Coercive Decision to Individuals and Organizations Subject to Coercive Enforcement and Related Organizations and Individuals

1. Immediately upon issuing the coercive decision, the authority issuing the coercive decision must organize the delivery of the coercive decision to the individual or organization subject to coercive enforcement and related organizations and individuals.

In cases where coercive measures are applied as provided in Points b, c, and d, Clause 2, Article 86 of the Law on Handling Administrative Violations, the coercive decision must be delivered to the Chairman of the People's Committee of the commune where the coercive enforcement takes place before implementation for coordination.

2. The coercive decision shall be handed over directly or sent via registered mail and notified to the individual or organization subject to coercive enforcement.

In cases where the decision is handed over directly and the individual or organization subject to coercive enforcement intentionally refuses to accept it, the authority with jurisdiction shall prepare a record of refusal to accept the decision, confirmed by local authorities, and such refusal shall be considered as the decision having been handed over.

In cases where the decision is sent via registered mail, if after three attempts within ten days from the date of sending through postal services, the decision is returned due to intentional refusal by the individual or organization subject to coercive enforcement; or if the decision has been posted at the residence of the individual or the office of the organization subject to coercive enforcement, or there is evidence that the individual subject to coercive enforcement is evading acceptance of the decision, then the decision shall be considered as having been handed over.

3. The deadline for implementing the coercive decision is fifteen days from the date of receipt of the coercive decision; in cases where the coercive decision specifies a longer implementation period than fifteen days, such period shall be followed.

Article 6. Responsibility for organizing the enforcement of compulsory execution decisions

1. The person issuing the compulsory execution decision shall be responsible for organizing the implementation of the compulsory execution of their own administrative penalty decision and those of subordinate authorities.

2. For compulsory execution decisions issued by the Chairpersons of People's Committees at all levels, the Chairperson issuing the compulsory execution decision shall base on the functions and tasks of specialized agencies under the People's Committee to assign an agency to organize the enforcement of the compulsory execution decision. The assignment of the leading agency must follow the principle that the matter falls within the jurisdiction of a specific agency, which will then be assigned to lead; in cases where the matter involves multiple agencies, the decision will be made based on each specific situation to assign one agency to lead the organization of the compulsory execution.

3. Organizations and individuals related to the compulsory execution decision have the obligation to cooperate with the authority issuing the compulsory execution decision or the agency assigned to lead the compulsory execution to implement measures aimed at enforcing the compulsory execution decision.

Article 7. Ensuring order and safety during the enforcement of compulsory execution decisions

1. The People's Police force has the responsibility to ensure order and safety during the enforcement of compulsory execution decisions issued by the Chairpersons of the same-level People's Committees or other state agencies when requested.

In cases where the People's Police force is required to participate in ensuring order and safety during the enforcement of compulsory execution decisions, the agency leading the enforcement of the compulsory execution decision must send a written request to the same-level Public Security agency five working days before the enforcement of the compulsory execution to arrange personnel.

2. When participating in compulsory execution, the People's Police force has the responsibility to prevent disruptive behaviors, resist law enforcement officers, and ensure order and safety.

Chapter II

PROCEDURE AND PROCEDURAL REQUIREMENTS FOR THE APPLICATION OFCOMPULSORY MEASURES

Section 1

DEDUCTING PART OF SALARYOR PART OF INCOME

Article 8. Subjects subject to the application of compulsory measures to deduct part of salary or part of income

1. Individuals subject to compulsory execution are civil servants, public officials, or individuals currently employed and receiving salaries or incomes from an agency, unit, or organization.

2. Individuals subject to compulsory execution are receiving social insurance benefits.

Article 9. Verification of information on salary and income

1. The authority issuing the compulsory execution decision shall be responsible for organizing the verification of information on salary, income, and the level of social insurance benefits received by the individual subject to compulsory execution to serve as the basis for issuing the compulsory execution decision.

2. The individual subject to compulsory execution; organizations and individuals managing salary or income, and related organizations and individuals must provide information on the salary, income, and level of social insurance benefits of the individual subject to compulsory execution within three working days from the date of receipt of the request and bear legal responsibility for the provided information.

Article 10. Decision on compulsory deduction of part of salary or part of income from an individual

A decision on compulsory deduction of part of salary or part of income from an individual includes the following contents: Decision number; date of issuance; basis for issuance; name, position, place of work of the issuer; name, address of the individual subject to compulsory deduction of part of salary or part of income; name, address of the agency or organization managing the salary or income of the individual subject to compulsory execution; amount deducted; reason for deduction; name, address of the State Treasury receiving the money; method of transferring the deducted amount to the State Treasury; time of enforcement; signature of the issuer and stamp of the issuing agency.

Article 11. Proportion of Deduction from Part of Salary or Income for Individuals

The deduction from part of salary or income may be carried out multiple times, with the following rates:

1. For wages and social insurance, the rate of deduction each time shall not exceed 30% of the total amount of wages and social insurance received.

2. For other income, the rate of deduction each time shall not exceed 50% of the total amount of income.

Article 12. Responsibilities of Authorities, Units, Organizations, and Employers Managing Salaries or Incomes of Individuals Subject to Deduction

1. Authorities, units, organizations, and employers managing salaries or incomes of individuals subject to the measure of deducting part of salary or income shall strictly comply with the enforcement decision of the competent authority.

2. At the next payment period for salary or income, authorities, units, organizations, and employers managing the salary or income of individuals subject to enforcement shall be responsible for deducting part of the salary or income of the individual subject to enforcement and transferring the deducted amount to the State Treasury account according to the content recorded in the enforcement decision, while informing the competent authority issuing the enforcement decision.

3. In case the full amount specified in the enforcement decision has not been deducted and the individual subject to enforcement terminates the employment contract with salary or income benefits, the authority, unit, organization, or employer must immediately inform the competent authority issuing the enforcement decision.

4. In case the authority, unit, organization, or employer managing the salary or income of individuals subject to the measure of deducting part of salary or income intentionally fails to implement the enforcement decision on deduction issued by the competent authority, they will be dealt with according to the provisions of the law.

Section 2

DEDUCTION OF FUNDS FROM ACCOUNTS

Article 13. Subjects Subject to Forced Deduction Measures from Accounts

The subjects subject to forced deduction measures from accounts are organizations and individuals who do not voluntarily comply with penalty decisions, decisions to remedy consequences, or have not paid or have not fully paid the costs of enforcement, and have deposits at credit institutions in Vietnam.

Article 14. Verification of Information about Accounts of Individuals and Organizations Subject to Enforcement

1. The person authorized to issue the forced deduction decision from accounts has the right to request credit institutions to provide information about the accounts of individuals and organizations subject to enforcement in accordance with the law; if the person authorized to issue the enforcement decision does not have the authority to request information about the account, they should propose that the person with such authority request the credit institution to provide the information. The person receiving the information is responsible for keeping confidential the provided information.

2. Individuals and organizations subject to enforcement are responsible for notifying the person authorized to issue the forced deduction decision from accounts of the name of the credit institution, the location where the account was opened, and the account number when requested.

Article 15. Decision on Forced Deduction from Accounts

1. The decision on forced deduction from accounts includes the following contents: Decision number; date of issuance; basis for issuance; name, position, and workplace of the issuer; amount to be deducted, reason for deduction; name and account number of the individual or organization being deducted; name and address of the credit institution where the subject of deduction has an account; name, address, and account number of the State Treasury, method of transferring the deducted amount from the credit institution to the State Treasury; signature of the issuer and stamp of the issuing authority.

2. Upon receipt of the decision on forced deduction from accounts, individuals and organizations subject to enforcement are responsible for requesting the credit institution where their account is opened to transfer funds from their account to the State Treasury account specified in the decision on forced deduction from accounts.

Article 16. Responsibilities of credit organizations where individuals or organizations have accounts subject to compulsory execution

1. Provide written information about the accounts of individuals or organizations subject to compulsory execution currently opened at their credit organization upon request from the competent authority issuing the compulsory execution decision.

2. Retain in the account of the individual or organization subject to compulsory execution an amount equivalent to the amount that such individual or organization must pay according to the request of the competent authority issuing the compulsory execution decision.

3. Transfer funds from the deposit account of the individual or organization subject to compulsory execution into the state budget through an account opened at the State Treasury the amount that such individual or organization must pay.

In case the individual or organization subject to compulsory execution does not comply with Clause 2 of Article 15 of this Decree, the credit organization shall notify the individual or organization subject to compulsory execution of the transfer; the transfer does not require the consent of the individual or organization subject to compulsory execution.

4. In case there is no balance or insufficient balance in the account for deduction, the credit organization, after deducting the available amount, shall notify in writing the agency that issued the compulsory execution deduction decision to apply the compulsory enforcement measure of seizing assets as stipulated in Section 3 Chapter II of this Decree.

If there is a balance in the account of the individual or organization but the credit organization does not carry out the transfer of money of the individual or organization subject to compulsory execution according to the compulsory deduction decision of the competent authority, the credit organization will be handled according to the provisions of the law.

Article 17. Procedures for collecting deducted funds

1. The partial deduction of salary or income, or deduction of funds from the account of individuals or organizations subject to compulsory execution is carried out based on collection documents in accordance with current regulations. Collection documents used for salary or income deductions are sent to relevant parties.

2. After collecting the funds, the State Treasury receiving the deducted funds has the responsibility to notify the competent authority issuing the compulsory execution decision.

Section 3

SEIZING ASSETS OF EQUIVALENT VALUE TO THE AMOUNT OF FINES FOR AUCTION

Article 18. Subjects to which the compulsory seizure measure of assets of equivalent value to the amount of fines for auction is applied

1. Individuals who do not receive salaries, incomes, or social insurance at an agency, unit, or organization and do not have an account or the amount deposited in an account at a credit organization is insufficient to apply the deduction measure from the account.

2. Organizations without an account or the amount deposited in an account at a credit organization is insufficient to apply the deduction measure from the account.

Only assets of individuals or organizations subject to compulsory execution corresponding to the amount recorded in the penalty decision, the decision on measures to remedy consequences, and costs for organizing compulsory enforcement can be seized.

Article 19. Assets that cannot be seized

1. The only residence of the individual and family of the person subject to compulsory execution with a minimum area as prescribed by the law on residence.

2. Medicines, foodstuffs serving essential needs for the individual subject to compulsory execution and their family.

3. Tools of labor, common household items necessary for the individual subject to compulsory execution and their family.

4. Ritual objects; relics, medals, commendation certificates.

5. Assets serving national defense and security.

6. Assets currently being legally pledged or mortgaged.

Article 20. Verification of information on assets of the enforcement subject

1. The authority issuing the enforcement decision shall be responsible for verifying information on the assets of the enforcement subject, and the conditions for implementing the enforcement decision to seize assets with a value corresponding to the amount of fine.

2. Agencies, units, organizations, and individuals related to the matter shall be responsible for providing information on the assets of the enforcement subject when requested by the agency issuing the enforcement decision.

Article 21. Decision on enforcement to seize assets

1. The decision on enforcement to seize assets shall include the following contents: decision number; date of issuance; basis for issuance; name, position, unit of the person issuing the decision; name, place of residence, headquarters of the individual or organization whose assets are to be seized; amount of fine; location of seizure; signature of the person issuing the decision and stamp of the issuing agency.

2. Seizure of assets must be notified to the individual or organization whose assets are to be seized, the People's Committee of the commune where that person resides or the organization with its headquarters located in the area or the agency where that person works five working days before the enforcement of the seizure, except in cases where notification would hinder the seizure process.

Article 22. Organization of enforcement to seize assets

1. Asset seizure must be carried out during daylight hours, from 08:00 to 17:00.

2. The person issuing the enforcement decision or the person assigned to implement the enforcement decision shall lead the asset seizure.

3. When seizing assets, the enforcement subject or a competent adult member of their family, representative of the organization whose assets are to be seized, local government representative, and witness must be present.

If the individual required to enforce the decision or a competent adult member of their family intentionally absents themselves, the asset seizure will still proceed but must have the presence of a local government representative and witness.

4. The enforcement subject has the right to request which assets should be seized first. The person in charge of the seizure must accept such requests if they do not affect the enforcement.

If the enforcement subject does not specifically request which assets should be seized first, personal property will be seized first.

5. Only joint assets of the enforcement subject with others shall be seized if the enforcement subject does not have personal property or if their personal property is insufficient to enforce the decision. In cases of disputed assets, the seizure will still proceed and the co-owners will be informed about their right to initiate civil litigation procedures.

The agency conducting the seizure shall publicly announce the time and location of the seizure so that co-owners can be aware. After three months from the date of seizure, if there is no lawsuit initiated, the seized assets will be auctioned according to the laws on asset auctions.

Article 23. Record of asset seizure

1. The asset seizure must be recorded in a record. The record shall clearly state: time and location of the asset seizure; name and position of the person leading the seizure; representative of the organization whose assets are to be seized, the individual with seized assets or their legal representative; witness; local government representative (or agency of the enforcement subject); description of the name, condition, and characteristics of each seized asset.

2. The person leading the seizure, the representative of the organization whose assets are to be seized, the individual with seized assets or their legal representative, witness, and local government representative (or agency of the enforcement subject) shall sign the record. If the record consists of multiple pages, signatures must be made on each page. In case someone is absent or refuses to sign the record, this fact and the reason must be noted in the record.

3. The record of asset seizure shall be made in two copies, one copy retained by the agency issuing the enforcement decision, and one copy handed over to the individual or representative of the organization whose assets are to be seized immediately after completing the record.

Article 24. Entrusting the Preservation of Seized Assets

1. The person in charge of executing the seizure shall choose one of the following forms to preserve the seized assets:

a) Entrust the person subject to compulsory execution, relatives of the person subject to compulsory execution, or the person currently managing or using the asset to preserve it;

b) Entrust one of the co-owners to preserve it if the asset is jointly owned;

c) Entrust an organization or individual with conditions for preservation.

2. For assets such as gold, silver, precious metals, gems, foreign currencies, they shall be temporarily entrusted to the State Treasury for management; for assets like industrial explosives, support tools, objects of historical, cultural value, national treasures, antiques, rare forest products, they shall be temporarily entrusted to specialized state management agencies for management.

3. When entrusting the preservation of seized assets, the person in charge of executing the seizure must prepare a record. In the record, clearly note: the time of handing over for preservation; the name and position of the person in charge of executing the compulsory decision, the individual or representative of the organization subject to compulsory execution, the person entrusted with preserving the asset, and the witness; quantity and condition (quality) of the asset; rights and obligations of the person entrusted with preserving the asset.

The person in charge of executing the seizure, the person entrusted with preserving the asset, the individual or representative of the organization subject to compulsory execution, and the witness must sign on the record. If the record has multiple pages, each page must be signed. In cases where someone is absent or refuses to sign the record, this must be noted in the record along with the reason.

The record is given to the person entrusted with preserving the asset, the individual or representative of the organization subject to compulsory execution, the witness, and the person in charge of executing the seizure, each keeping one copy.

4. The person entrusted with preserving the asset is entitled to reimbursement for actual and reasonable expenses incurred for the preservation of the asset, except for those specified in Point a Clause 1 of this Article.

5. If the person entrusted with preserving the asset causes damage, theft, loss, or destruction of the asset, they must bear responsibility for compensation and will be dealt with according to the law depending on the nature and extent of the violation.

Article 25. Valuation of Seized Assets

1. The valuation of seized assets shall be conducted at the residence of the individual or the office of the organization subject to seizure or the place where the seized asset is stored, except when a Valuation Committee needs to be established.

2. The seized asset shall be valued based on the agreement between the person in charge of executing the compulsory decision and the representative of the organization or individual subject to compulsory execution and the joint owner in the case of joint property seizure. The deadline for the parties to agree on the price does not exceed five working days from the date of the asset being seized.

If the parties cannot agree on the price, within ten working days from the date of the asset being seized, the person who issued the compulsory decision shall issue a decision to establish a Valuation Committee. The Valuation Committee consists of the person who issued the compulsory decision as the Chairman, a representative of the financial agency at the same level, and a representative of the relevant specialized agency.

Within seven working days from the date of establishment, the Valuation Committee must conduct the valuation. The valuation of the asset is based on the market price at the time of valuation. For assets whose prices are uniformly managed by the State, the valuation is based on the price set by the State.

The Valuation Committee operates under the principle of collective deliberation. The valuation meeting of the Valuation Committee is convened by the Chairman and must have at least two-thirds of the total number of members present. At the valuation meeting, each member of the Valuation Committee expresses their opinion on the value of the asset. Decisions on the asset's price require more than half of the members of the Valuation Committee to agree. In case of a tie vote, the decision follows the vote of the Chairman or the person authorized to chair the valuation meeting. The individual subject to seizure or the representative of the organization with the seized asset may participate in the valuation process, but the right to decide the price belongs to the Valuation Committee.

3. The valuation of the asset must be recorded in a record, which clearly states the time and location of the valuation, the participants in the valuation, the name and value of the asset that has been valued, and the signatures of the participants in the valuation and the asset owner.

Article 26. Transfer of Seized Assets for Auction

1. For assets that have been seized for auction, the initial price shall be determined in accordance with Article 25 of this Decree. Within fifteen working days from the date of seizure, the person who issued the enforcement decision shall enter into a contract for asset auction with a professional auction organization in the province or centrally-administered city where the seized assets are located for auction; if it is not possible to enter into an auction contract with a professional auction organization, an Auction Committee shall be established.

The sale of seized assets through auction shall be carried out in accordance with the laws on asset auctions.

2. After signing the auction contract, the person in charge of the seizure shall transfer the seized assets for auction. The transfer must be recorded in a protocol, which shall include: the time of delivery; the deliverer and recipient; signatures of the deliverer and recipient; quantity and condition of the assets. The handover dossier for seized assets to the responsible auction agency includes: the enforcement decision on seizure; relevant documents concerning ownership and lawful use rights (if any); valuation document and handover protocol.

3. In cases where the seized assets are bulky goods or in large quantities and the responsible auction agency does not have storage facilities, after completing the handover procedures, a contract for asset preservation may be signed with the current holder of the assets. The costs of implementing the preservation contract shall be paid from the proceeds of the auction after the auction.

4. For jointly owned assets, when auctioned, preference shall be given to co-owners.

5. If the auction proceeds exceed the amount specified in the administrative penalty decision and the enforcement costs, within ten working days from the date of the auction, the agency enforcing the compulsory measures for the sale of seized assets shall process the return of the excess amount to the individual or entity subject to enforcement.

Article 27. Transfer of Ownership Rights of Assets

1. The buyer of the seized asset recognized and protected by law shall enjoy ownership rights over the asset.

2. The competent state authority shall be responsible for processing the transfer of ownership rights to the buyer in accordance with the law.

3. The file for transferring ownership rights includes:

a) A copy of the decision on enforcement by means of asset seizure for auction;

b) The auction protocol;

c) Other relevant documents concerning the asset (if any).

Section 4

COLLECTION OF MONEY AND OTHER ASSETS FROM THE ENFORCEMENT TARGET ENFORCEMENT OF DECISION ON ADMINISTRATIVE PENALTYDomestic air passenger transport service on regular basic economy classAGAINST INDIVIDUALS, OTHER ORGANIZATIONS HOLDING IN CASES WHEREINDIVIDUALS, ORGANIZATIONS AFTER VIOLATION INTENTIONALLY DISPOSED OF ASSETS

Article 28. Conditions for Applying Compulsory Measures to Collect Money and Assets from Third Parties Holding Assets of Enforcement Targets After Violation

The compulsory measure to collect money and assets held by third parties (hereinafter referred to as the third party) shall be applied when the following conditions are met:

1. The competent authority issuing the enforcement decision cannot apply or has already applied the compulsory measures stipulated in Sections 1, 2, and 3 of Chapter II of this Decree but still has not collected the full amount of fines, has not settled or has not fully settled the enforcement costs.

2. The competent authority issuing the enforcement decision has grounds to determine that the third party is holding money and assets of the enforcement target.

Article 29. Verification of Information on Money and Assets of Enforcement Targets Held by Third Parties

1. The competent authority issuing the enforcement decision shall be responsible for verifying information on money and assets of the enforcement target; conditions for enforcing the decision to collect money and assets held by third parties and proving the intentional disposal of money and assets by the enforcement target after violation.

2. Relevant agencies, units, organizations, and individuals shall be responsible for providing information on money and assets of the enforcement target and the disposal actions of the enforcement target upon request of the enforcement decision-making agency.

Article 30. Responsibilities of Third Parties Holding Money and Assets of the Forced Execution Object

1. Provide information on the amount of money and assets being held for the object of forced execution to the competent authority issuing the forced execution decision upon request.

2. Upon receiving a written request from the competent authority issuing the forced execution decision, shall not transfer the money or assets to the object of forced execution until such money has been deposited into the state budget or such assets have been transferred to the competent authority issuing the forced execution decision for auction procedures.

3. In case a third party fails to comply with the requirements of the competent authority issuing the forced execution decision or disposes of the money or assets being held for the object of forced execution, they will be subject to legal sanctions.

Article 31. Decision on Forced Execution to Seize Money and Assets of the Forced Execution Object Held by a Third Party in Case of Intentional Disposal of Assets After Violation by Individuals or Organizations

The decision on forced execution to seize money and assets of the forced execution object held by a third party in case of intentional disposal of assets after violation by individuals or organizations includes the following contents: Decision number; date of issuance; basis for issuance; name, position, unit of the decision maker; name and address of the individual or organization subject to forced execution; name and address of the individual or organization holding the money or assets; amount of money and assets to be seized; signature of the decision maker and stamp of the issuing authority.

Article 32. Organization of Forced Execution to Seize Money and Assets of the Forced Execution Object Held by a Third Party in Case of Intentional Disposal of Assets After Violation by Individuals or Organizations

1. Before proceeding with forced execution, if the third party holding the money and assets of the forced execution object voluntarily complies with the forced execution decision, the main enforcing authority shall prepare a record acknowledging the voluntary compliance.

2. When carrying out forced execution to seize money and assets of the forced execution object held by a third party in case of intentional disposal of assets after violation by individuals or organizations, there must be representatives of local authorities and witnesses present.

3. The forced execution must be recorded in a record. The record must clearly state: Time and place of organizing the forced execution; main authority conducting the forced execution; name and address of the individual or organization subject to forced execution; name and address of the individual or organization holding the money or assets; representative of the local authority where the forced execution takes place, witness; amount of money and assets and condition of the assets seized.

4. The individual or representative of the organization subject to forced execution; the individual or representative of the organization holding the money or assets; representative of the authority issuing the forced execution decision, representative of the local authority and witness must sign the record. If the record consists of multiple pages, each page must be signed. In cases where someone is absent or refuses to sign the record while present, this must be noted in the record along with the reason.

5. In case the individual or organization subject to forced execution, the individual or representative of the organization holding the money or assets intentionally absents themselves, the forced execution shall still proceed but must have representatives of local authorities and witnesses present.

Section 5

ENFORCEMENT OF REMEDIAL MEASURES TO MITIGATE CONSEQUENCES

Article 33. Decision on Forced Execution to Implement Measures to Mitigate Consequences

The decision on forced execution to implement measures to mitigate consequences shall include the following contents: the decision number; date of issuance; basis for issuance; name and position of the issuer; name and address of the individual or organization subject to forced execution, the measures to mitigate consequences that must be implemented; time limit for completion of forced execution; individuals or agencies responsible for organizing the enforcement activities; agencies responsible for participating; signature of the issuer and stamp of the issuing agency.

Article 34. Organization of Forced Execution to Implement Measures to Mitigate Consequences

1. Upon receiving the decision on forced execution to implement measures to mitigate consequences, the individual or organization assigned the task of organizing the enforcement of the decision on forced execution must cooperate with relevant agencies to mobilize forces and means to carry out the measures specified in the decision.

2. Before proceeding with forced execution, if the individual or organization subject to forced execution voluntarily complies, the main enforcing agency shall prepare a record acknowledging the voluntary compliance.

3. When implementing forced execution to enforce measures to mitigate consequences, there must be representatives of local authorities and witnesses present.

4. In cases where the individual or organization subject to forced execution intentionally absents themselves, forced execution shall still proceed but must have representatives of local authorities and witnesses present.

5. In cases where an individual or organization must comply with a decision on forced execution concerning the demolition or relocation of unauthorized construction works or the transfer of land, and such works or land contain assets not subject to forced execution, the person organizing the forced execution has the right to compel the individual or organization to comply with the decision on forced execution and other persons present in the construction work or area to leave the construction work or area, and request them to self-transfer the assets. If they do not voluntarily comply, the person organizing the forced execution requests the enforcement force to remove them along with the assets from the construction work or area.

If they refuse to accept the assets, the person organizing the forced execution must prepare a record detailing the quantity, type, and condition of each type of asset, and hire an organization or individual with the necessary conditions to store and preserve the assets or store them in the warehouse of the agency issuing the decision on forced execution, and notify the location and time for the individual or organization owning the assets to reclaim the assets. The individual or organization owning the assets must bear the costs of transportation, storage, and preservation of the assets.

After six months from the date of notification to claim the assets, if the individual or organization owning the assets does not come to claim the assets, the assets will be auctioned off according to the provisions of the law. The proceeds, after deducting the costs for transportation, storage, preservation, and disposal of the assets, will be deposited in an interest-bearing account at a credit institution and notified to the individual or organization owning the assets to claim the amount. For damaged or valueless assets, the person organizing the forced execution will organize their destruction according to the provisions of the law. The person organizing the forced execution must prepare a record detailing the condition of the assets before destruction.

6. In cases where an individual or organization must comply with a decision on forced execution to return illegal gains obtained from administrative violations or to pay an equivalent amount to the value of confiscated or destroyed items contrary to the law, and the person subject to forced execution has not been able to immediately comply, the authority issuing the decision on forced execution may apply one of the enforcement measures provided for in Points a, b, and c Clause 2 Article 86 of the Law on Handling Administrative Violations.

Article 35. Record of Enforcement of Decree on Forced Execution of Measures to Mitigate Consequences

1. The enforcement of the decree on forced execution of measures to mitigate consequences must be recorded in a record and handed over to the person subject to forced execution. In the record, the following information shall be clearly stated: Time, location, authority in charge of enforcing the forced execution; individuals or organizations subject to forced execution; representatives of local authorities and witnesses; results of implementation.

2. Individuals or representatives of organizations subject to forced execution, representatives of the authority issuing the forced execution decision, representatives of local authorities and witnesses shall sign the record. In case any individual is absent or present but refuses to sign the record, such fact and the reasons therefor shall be recorded in the record.

Chapter III

ENSURING ENFORCEMENT OF FORCED EXECUTION DECISIONS

Article 36. Measures to ensure enforcement of forced execution decisions

1. When a decision to apply forced execution measures is issued, if there are signs indicating that the individual or organization subject to forced execution has acts of disposing of or damaging money or property, the authority issuing the forced execution decision has the right to request relevant agencies and organizations, local authorities where the individual resides or works, or the organization subject to forced execution to implement sealing measures to prevent the disposal of money or property.

2. In cases where the individual or organization subject to forced execution resists and does not comply with the forced execution decision despite persuasion and explanation efforts being ineffective, the authority issuing the forced execution decision has the right to mobilize forces and means to ensure the enforcement of forced execution.

3. An individual who fails to comply with or evades compliance with the forced execution decision shall be placed under a prohibition on departure from the country.

Article 37. Transfer of Forced Execution Decision for Ensuring Enforcement

1. In cases where an individual or organization subject to forced execution is located in the territory of one province but resides or has its headquarters in another province and does not have the conditions to comply with the forced execution decision at the place where the violation occurred, the forced execution decision shall be transferred to the competent authority in the same level where the individual resides or the organization has its headquarters to organize enforcement. If the place where the individual resides or the organization has its headquarters does not have a competent authority in the same level, the forced execution decision shall be transferred to the People's Committee of the district to organize enforcement.

In cases where an individual or organization subject to forced execution is located in the territory of a district within a mountainous, island, or remote area of a province and encounters difficulties in travel and does not have the conditions to comply with the forced execution decision at the place where it was issued, the forced execution decision shall be transferred to the competent authority in the same level where the individual resides or the organization has its headquarters to organize enforcement.

2. The authority transferring the forced execution shall be responsible for transferring the entire case file to the competent authority in the same level in the locality where the individual resides or the organization has its headquarters to organize enforcement.

Within ten working days from the date of receipt of the notice of transfer and the case file, the competent authority in the same level in the locality where the individual resides or the organization has its headquarters shall be responsible for organizing the enforcement of the forced execution decision.

Article 38. Compulsory enforcement against individuals and organizations subject to administrative penalty and one or more measures to remedy consequences

1. In cases where individuals and organizations fail to comply with both the decision on administrative penalty and one or more measures to remedy consequences, the authority issuing the compulsory enforcement decision shall simultaneously apply the compulsory enforcement measures stipulated in Sections 1, 2, 3, or 4 of Chapter II and Section 5 of Chapter II of this Decree against such individuals and organizations, except for cases provided for in Article 74 of the Law on Handling Administrative Violations.

2. In cases where individuals and organizations only comply with the decision on administrative penalty but not with the measures to remedy consequences, or vice versa, the authority issuing the compulsory enforcement decision shall apply the compulsory enforcement measures stipulated in Sections 1, 2, 3, and 4 of Chapter II or Section 5 of Chapter II of this Decree against such individuals and organizations.

Chapter IV

COSTS OF COMPULSORY ENFORCEMENT

Article 39. Determination of costs of compulsory enforcement

1. Compulsory execution costs are determined based on actual expenses incurred during the enforcement of the compulsory execution decision, consistent with prices in each locality.

2. Compulsory execution costs include:

a) Costs for mobilizing personnel to implement the compulsory execution decision;

b) Fees for experts engaged in valuation to organize auction, and costs for organizing the auction of assets;

c) Costs for renting equipment to dismantle, transport items, and assets;

d) Costs for storing or preserving seized assets;

d) Other actual costs (if any).

Article 40. Advance payment and reimbursement of costs of compulsory enforcement

1. Costs of compulsory enforcement are advanced from the state budget and reimbursed immediately upon collection of funds from the individual or organization subject to compulsory enforcement.

2. The Ministry of Finance is responsible for guiding the management, allocation, advance payment, and reimbursement of costs of compulsory enforcement in accordance with the laws on the state budget.

Article 41. Payment of costs of compulsory enforcement

Individuals and organizations subject to compulsory enforcement must bear all costs associated with compulsory enforcement activities. If individuals and organizations do not voluntarily repay or repay insufficiently the costs of compulsory enforcement, the authority issuing the compulsory enforcement decision may issue a decision to enforce compulsory enforcement through the measures provided for in Points a, b, and c of Clause 2 of Article 86 of the Law on Handling Administrative Violations.

Chapter V

IMPLEMENTING PROVISIONS

Article 42. Effective Date

This Decree takes effect from December 28, 2013, replacing Government Decree No. 37/2005/NĐ-CP dated March 18, 2005, which stipulates procedures for applying compulsory enforcement measures for administrative penalties.

Article 43. Responsibility for Implementation

1. The Minister of Public Security shall take the lead and coordinate with relevant ministries and sectors to guide the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.