Decree No. 19/2020/NĐ-CP on Inspection and Disciplinary Handling in the Implementation of Administrative Offense Handling Law

DECREE

Inspection and Disciplinary Handling in the Enforcement of Administrative Offense Handling Law
laws on administrative violation handling

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

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

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

Pursuant to the Civil Servant Law dated November 15, 2010;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Civil Servants and Public Officials Law and the Public Service Staff Law dated November 25, 2019;

Pursuant to the Law on Prevention and Control of Corruption dated November 20, 2018;

Pursuant to the State Compensation Law dated June 20, 2017;

At the proposal of the Minister of Justice;

The Government promulgates this Decree on Inspection and Disciplinary Handling in the Enforcement of Administrative Offense Handling Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates inspection of work in enforcing the administrative offense handling law, disciplinary handling of persons with authority in enforcing the administrative offense handling law, and responsibility in enforcing the administrative offense handling law.

Article 2. Applicability

1. Agencies and persons with authority to inspect the situation of enforcing the administrative offense handling law; agencies managing the work of enforcing the administrative offense handling law.

2. Heads of agencies of persons with authority to handle administrative offenses, heads of superior agencies directly managing persons with authority to handle administrative offenses.

3. Persons with authority to handle administrative offenses, persons with authority to prepare administrative offense violation records.

4. Agencies, organizations, and individuals related to the enforcement of the administrative offense handling law.

Article 3. Purpose of Inspection and Disciplinary Handling in the Enforcement of Administrative Offense Handling Law

1. Reviewing and evaluating the situation of enforcing the administrative offense handling law; encouraging and rewarding agencies, organizations, and individuals with achievements in implementing the administrative offense handling law; identifying limitations, difficulties, inconsistencies, errors, and violations in enforcing the administrative offense handling law to promptly rectify, handle, and remedy them.

2. Preventing and stopping violations in enforcing the administrative offense handling law; strengthening discipline and administrative order in organizing implementation and applying laws to ensure the effectiveness and efficiency of enforcing the administrative offense handling law.

3. Identifying inconsistent, non-synchronized, or unsuitable provisions for practical situations to promptly amend, supplement, abolish, or issue new normative legal documents on administrative offense handling or other relevant normative legal documents.

Article 4. Principles of Inspection and Disciplinary Handling in the Enforcement of Administrative Offense Handling Law

1. Objectivity, transparency, compliance with legal authority, procedures, and formalities.

2. Ensuring coordination among related agencies, avoiding overlap with other inspection and audit activities targeting the same entity at the same time; not hindering or affecting the normal operations of the inspected entity.

Combining self-inspection by the inspected entity with inspection by agencies and persons with authority.

3. Inspection conclusions must be fully and timely implemented by the inspected entity, related agencies, organizations, and individuals. Violations, recommendations, and requirements in the inspection conclusion must be promptly, strictly, and appropriately handled according to the nature and severity of the violation.

Inspection conclusions must be monitored, urged, and checked for implementation by persons with authority to inspect.

4. Subjects with authority to inspect and inspected entities are determined based on the principles of state management by sector, field, and territorial jurisdiction.

Chapter II

INSPECTION OF THE ENFORCEMENT OF LAW

ON ADMINISTRATIVE OFFENSE HANDLING

Article 5. Basis and methods for inspection

1. Regular inspections based on geographical areas, specific topics, or sectors/fields shall be conducted according to the annual inspection plan when there is one of the following bases:

a) In accordance with the Prime Minister's directives;

b) At the request of ministries, ministerial-level agencies, provincial People's Committees, or district People's Committees;

c) At the request of legal affairs organizations under ministries or ministerial-level agencies based on monitoring the implementation of laws on administrative violations;

d) At the request of Departments of Justice or Justice Offices based on monitoring the implementation of laws on administrative violations;

đ) Based on management requirements for handling administrative violations;

e) When the implementation of laws on administrative violations within inter-sectoral management areas faces many difficulties, obstacles, or inconsistencies, or in complex cases.

2. Surprise inspections shall be conducted based on management requirements and actual situations when there is one of the following bases:

a) In accordance with the Prime Minister's directives;

b) Upon receiving requests, suggestions from individuals or organizations, or reports from mass media about inaccurate application of laws on administrative violations, which may infringe upon the legitimate rights and interests of individuals or organizations;

c) Upon discovering obstacles or signs of violations based on reviewing files and documents sent by competent authorities handling administrative violations or currently stored and preserved according to regulations;

d) Through monitoring the implementation of laws on administrative violations and discovering signs of violations that may infringe upon the legitimate rights and interests of individuals or organizations.

1. The Minister, Head of a ministry-level agency shall inspect the implementation of laws on administrative violations as stipulated in points a, b, c, đ, and e of Clause 1, Clause 2 of Article 5 of this Decree within their respective sectors/fields of management.

For cases stipulated in point e of Clause 1 of Article 5 of this Decree that are complex, inter-sectoral, and nationwide in scope, the Minister of Justice shall report to the Prime Minister for consideration and decision on the responsible agency to conduct the inspection.

Legal affairs organizations under ministries or ministry-level agencies shall assist the Minister, Head of a ministry-level agency in conducting inspections.

2. The Minister of Justice shall inspect the implementation of laws on administrative violations as provided for in Clause 1 of this Article.

The Director of the Administrative Violation Management and Law Enforcement Supervision Department under the Ministry of Justice shall assist the Minister of Justice in conducting inspections.

3. The Chairman of provincial or district People's Committees shall inspect the implementation of laws on administrative violations as stipulated in points a, b, d, đ, and e of Clause 1, Clause 2 of Article 5 of this Decree within their respective areas of management.

The Director of the Department of Justice or the Head of the Justice Office shall assist the Chairman of provincial or district People's Committees in conducting inspections.

4. The Head of the agency or unit managing the authority to impose administrative penalties shall conduct inspections for cases stipulated in points đ and e of Clause 1, Clause 2 of Article 5 of this Decree.

Legal affairs organizations or organizations with equivalent functions and tasks under the agency or unit managing the authority to impose administrative penalties shall assist the Head of the agency or unit in conducting inspections.

5. The Minister of Justice shall provide detailed regulations on this matter.

Article 7. Powers and responsibilities of the person authorized to issue inspection decisions

1. The person issuing the inspection decision has the following powers:

a) To handle according to their authority or to recommend the competent authority to promptly handle agencies, organizations, and individuals that fail to comply with or comply inadequately with laws on administrative violations;

b) In cases where they discover that laws on administrative violation handling are incomplete, inconsistent, non-synchronized, unfeasible, or erroneous, to handle according to their authority or to promptly recommend the competent state authority to examine and handle;

c) To reward according to their authority or to recommend the competent authority to promptly reward agencies, organizations, and individuals who effectively and properly implement laws on administrative violation handling.

2. The person issuing the inspection decision has the following responsibilities:

a) To notify the plan, content, and time of inspection; to send the inspection conclusion to the inspected entity;

b) To promptly direct and handle according to their authority situations arising during the inspection process and after its completion based on the report and recommendations of the inspection team leader;

c) To be responsible before the immediate superior head and the law for issuing the inspection decision and all activities carried out under the inspection decision; to issue the inspection conclusion.

Article 8. Inspection Team

a) The Minister, Head of a ministerial-level agency establishes an inspection team to inspect the implementation of laws on administrative violation handling within their management domain;

b) The Head of an agency or unit managing the person authorized to impose administrative penalties establishes an inspection team to inspect the implementation of laws on administrative violation handling within their management scope and domain.

a) The team leader;

b) One deputy team leader;

c) Other members.

3. Members of the inspection team must not be in the period of serving disciplinary action or temporarily suspended from work as prescribed by law.

4. A member of the inspection team shall not participate in the inspection team if their spouse, child, parent, brother, sister, or sibling of their spouse or child is the inspected entity or holds a leadership or management position in the inspected organization directly.

Article 9. Powers and responsibilities of the inspection team

1. Powers of the inspection team:

a) To require the inspected entity to work directly or to appoint a representative to work with the inspection team;

b) To require the inspected entity to provide complete information, files, documents, and explanations related to the inspection content; if necessary, to request the inspected entity to provide evidence and means of violation for verification purposes;

c) If necessary, the inspection team may conduct verification to clarify issues related to the inspection content.

2. Responsibilities of the inspection team:

a) To organize the implementation of inspections according to the inspection decision;

b) To report the inspection results and propose handling measures to the authorized person issuing the inspection decision;

c) To use information; to use, store, and preserve files, documents, evidence, and means related to the inspection content in accordance with the law; not to damage or cause loss of legitimate property of the inspected entity;

d) To return all files, documents, evidence, and means provided by the inspected entity.

Article 10. Responsibilities of the Head of the Inspection Team and Members of the Inspection Team

1. The Head of the Inspection Team shall be responsible for:

a) Announcing the inspection decision to the inspected entity;

b) Informing the inspected entity about the composition of the inspection team;

c) Organizing and managing the inspection in accordance with the content of the inspection decision;

d) Assigning specific tasks to members of the inspection team;

đ) Being accountable before the person who issued the inspection decision and before the law regarding the activities of the inspection team;

e) Implementing the reporting system and seeking guidance from the person who issued the inspection decision on issues and contents arising beyond their authority when performing inspection tasks;

g) Preparing and signing the inspection record immediately after completing the inspection to document the results of the inspection;

h) Reporting and proposing measures to handle the inspection results to the person who issued the inspection decision along with the inspection file upon completion of the inspection; submitting the inspection conclusion for issuance by the authorized authority;

i) Implementing the provisions at points c and d of Clause 2, Article 9 of this Decree.

2. The Head of the Inspection Team may delegate tasks to the Deputy Head of the Inspection Team.

When delegated by the Head of the Inspection Team to perform the Head's duties, the Deputy Head of the Inspection Team shall be accountable to the Head of the Inspection Team, the person who issued the inspection decision, and before the law regarding the activities of the inspection team; implementing the provisions set out in Clause 1 of this Article.

3. Members of the Inspection Team shall be responsible for:

a) Performing inspection tasks according to the assignment and management by the Head of the Inspection Team in accordance with the content of the inspection decision;

b) Reporting the results of assigned tasks to the Head of the Inspection Team and being accountable for the accuracy and truthfulness of the reported content or proposals;

c) Proposing to the Head of the Inspection Team necessary measures to ensure effective and lawful inspection activities;

d) Implementing the provisions at points c and d of Clause 2, Article 9 of this Decree.

Article 11. Content of Inspection on the Implementation of Laws on Administrative Offense Handling

1. Content of inspection on the application of laws on administrative offense penalties:

a) Total number of offenses; total number of offenses subject to administrative penalty; number of offenses subject to administrative penalty in each field of management; number of cases transferred to judicial authorities for criminal prosecution; number of cases transferred by judicial authorities for administrative penalty;

b) Implementation of legal provisions on the authority and procedures for drafting administrative violation records and issuing administrative penalty decisions, confiscation decisions, and decisions applying remedial measures in cases where no administrative penalty decision is issued, and enforcement orders for administrative penalty decisions;

c) Situation and results of enforcing administrative penalty decisions, confiscation decisions, remedial measure decisions in cases where no administrative penalty decision is issued, and enforcement orders for administrative penalty decisions;

d) Implementation of legal provisions on explanations;

đ) Implementation of legal provisions on authority and procedures for applying preventive measures and ensuring administrative penalty enforcement;

e) Management of funds collected from administrative penalties and payment receipts;

g) Storage of administrative penalty case files.

2. Content of inspection on the application of laws on administrative measures:

a) Total number of entities subject to administrative measure proposal files; number of entities subject to administrative measures;

b) Implementation of legal provisions on drafting administrative measure proposal files;

c) Situation and results of enforcing administrative measure decisions;

d) Application of preventive measures and ensuring enforcement of administrative decisions;

đ) Signs of legal violations by those authorized to apply laws on administrative measures and handling complaints and reports in the application of administrative measures;

e) Storage of administrative measure case files.

3. Content of inspection on the implementation of management tasks related to the enforcement of laws on administrative offense handling:

a) Directive and management work; development and progress, results of implementing plans for managing the enforcement of laws on administrative offense handling;

b) Issuance of regulatory legal documents related to administrative offense handling; general situation and results of enforcing laws on administrative offense handling;

d) Allocation of resources and other conditions to ensure the enforcement of laws on administrative offense handling; total number of authorized personnel for administrative penalties by position in agencies and units;

đ) Implementation of statistical and reporting systems on administrative offense handling;

e) Construction and management of databases on administrative offense handling and provision of information for integration into national databases;

g) Implementation of responsibilities of Heads of agencies and units in organizing and applying laws on administrative offense handling and other relevant laws.

Article 12. Issuing inspection plans

1. Based on Clause 1, Article 5 of this Decree, the annual inspection plan must be issued by the competent authority before March 15 each year. In cases of necessity, the competent authority issuing the inspection plan may adjust the inspection plan.

The Minister of Justice shall provide detailed regulations for this clause.

a) The Minister of Justice, the Ministers of other ministries, and agencies at the ministerial level shall establish inspection plans within their respective areas of management and inspection plans as directed by the Prime Minister under Clause 1 and Clause 2 of Article 6 of this Decree.

The Director of the Administrative Violation Handling and Law Enforcement Supervision Department under the Ministry of Justice assists the Minister of Justice, the legal system organizations under ministries and agencies at the ministerial level assist the Ministers, and the heads of agencies or units managing the authority to impose administrative penalties establish inspection plans.

b) The Chairman of the People's Committee at the provincial and district levels shall be responsible for establishing inspection plans within their respective administrative areas.

The Director of the Department of Justice, the Head of the Justice Division assist the Chairman of the People's Committee at the provincial and district levels to establish inspection plans.

c) The head of the agency or unit managing the authority to impose administrative penalties shall establish inspection plans within their respective areas and fields of management.

Legal system organizations or organizations with equivalent functions and tasks under agencies or units managing the authority to impose administrative penalties are assigned to assist the heads of agencies or units managing the authority to impose administrative penalties in establishing inspection plans.

3. The inspection plan shall include the following basic contents:

a) Basis for issuing the plan;

b) Inspection subjects;

c) Inspection locations;

d) Inspection contents;

đ) Anticipated inspection time;

e) Inspection implementation budget;

g) Implementation organization.

Article 13. Issuing inspection decisions

a) Date of issuance of the inspection decision;

b) Grounds for issuing the inspection decision;

c) Inspected subjects;

d) Inspection locations;

đ) Inspection contents;

e) Inspection deadline;

g) Names, positions of the team leader, deputy team leader, and members; powers and responsibilities of the inspection team;

h) Rights and responsibilities of the inspected subjects;

i) Inspection implementation budget;

k) Names, positions of the decision issuer.

The Minister of Justice shall provide detailed regulations for this clause.

4. The inspection decision must be sent to the inspected subject at least thirty days before the inspection activity takes place.

In case of surprise inspections, the inspection decision must be sent to the inspected subject immediately after its issuance or directly handed over to the inspected subject when the inspection activity begins.

Article 14. Conducting inspections

1. The inspection team conducts inspections of files, and if necessary, may inspect actual conditions, verify information and documents; the results of implementing laws on administrative violations to serve as a basis for concluding the inspection contents.

The inspection minutes must include the following basic contents:

a) Date of recording the record;

b) Full name and position of the head of the inspection team;

c) Full name of the individual being inspected; full name and position of the representative of the organization being inspected;

d) Inspection contents;

d) Information and documents collected and provided;

e) Opinions of the inspected entity and relevant agencies and units;

g) Observations and evaluations of the inspection team;

h) Signature of the head of the inspection team or the authorized person preparing the minutes and the individual or representative of the inspected organization. In cases where the minutes have multiple pages, including appendices and lists attached, signatures of these individuals must be affixed on each page of the minutes, appendices, and attached lists, or they must stamp across the seams.

Article 15. Inspection Conclusions

The head of the inspection team signs to issue the inspection conclusion when authorized by the competent authority.

4. The inspection conclusion is sent to the inspected entity and relevant agencies, organizations, and individuals immediately upon issuance to implement the contents stated in the inspection conclusion and to make them public in accordance with the provisions of the law.

The Minister of Justice shall provide detailed regulations for this clause.

Article 16. Rights and responsibilities of the inspected subject

1. Rights of the inspected subject:

a) To be notified in writing about the inspection plan and decision;

b) To make recommendations and explanations regarding the inspection conclusion;

c) To lodge complaints against the inspection conclusion and administrative violations committed by those with authority during the inspection and disciplinary measures in enforcing laws on handling administrative violations, in accordance with the law on complaints;

d) To report violations of the law during the inspection and disciplinary measures in enforcing laws on handling administrative violations, in accordance with the law on reports;

đ) To refuse to provide information and documents unrelated to the inspection content;

2. Responsibilities of the inspected subject:

a) To cooperate and create conditions for the inspection team to perform their tasks during the inspection process;

b) To strictly implement the information reporting system according to the requirements of the inspection team; to report, provide truthful and timely information and documents; to bear legal responsibility for the content of the reports, information, and provided documents; to explain issues related to the inspection content;

c) To comply with the inspection conclusion; to handle the inspection results based on the recommendations of the inspection team in the inspection conclusion;

d) To be responsible for not implementing or incorrectly implementing the inspection conclusion;

Chapter III

IMPLEMENTATION OF INSPECTION CONCLUSIONS; MONITORING AND PROMOTING THE IMPLEMENTATION OF INSPECTION CONCLUSIONS

IMPLEMENTATION OF THE INSPECTION CONCLUSION

Article 17. Organization of Implementation of Inspection Conclusions

b) In cases where the inspection conclusion contains multiple contents related to the responsibilities of many agencies, organizations, and individuals, the inspected subject must develop an implementation plan for the inspection conclusion;

The implementation plan for the inspection conclusion must clearly define the purpose, requirements, timeline, methods of implementation of the contents in the inspection conclusion, and assign clear responsibilities for each agency, organization, and individual;

The implementation plan for the inspection conclusion must be sent to the person who issued the inspection conclusion and relevant agencies, organizations, and individuals involved in its implementation;

2. The head of the agency or organization that is the inspected subject, and the head of the relevant agency or organization shall be responsible for:

a) Promptly directing and assigning agencies, organizations, units, and individuals with responsibility to fully implement the contents stipulated in Clause 1 of this Article;

b) Urging subordinate units and individuals to implement the inspection conclusion;

c) Ensuring conditions and implementing measures within their authority to ensure that subordinate units and individuals strictly, fully, and promptly implement the inspection conclusion;

d) Conducting inspections and requesting audits of subordinate agencies, organizations, and individuals according to the inspection conclusion;

đ) Handling subordinate agencies, organizations, and individuals who violate the law in the implementation of the inspection conclusion;

Article 18. Reporting on the Implementation of Inspection Conclusions

2. The content of the report on the implementation of the inspection conclusion includes:

a) The organization of the implementation of the inspection conclusion;

b) Progress and results of the implementation of the inspection conclusion, completed and unfinished contents;

c) Difficulties and obstacles; causes of difficulties and obstacles during the implementation of the inspection conclusion and recommendations and proposals;

d) Violations of the law and the handling of such violations by relevant agencies, organizations, and individuals in the implementation of the inspection conclusion.

The person authorized to issue the inspection conclusion shall organize the monitoring, urging, and inspecting of the inspected entity in implementing the inspection conclusion according to the procedures and formalities stipulated in Articles 20 and 21 of this Decree.

1. The monitoring activity is carried out through requiring the inspected entity to report on the implementation of the inspection conclusion and provide evidence materials. The person authorized to issue the inspection conclusion assigns someone directly to monitor, exchange, and work with the inspected entity to determine information about the implementation of the inspection conclusion as prescribed in Clause 2 of this Article.

2. The procedures and formalities for monitoring the implementation of the inspection conclusion are as follows:

a) Within 45 days from the date of issuing the inspection conclusion, the person assigned the task of monitoring is responsible for reporting to the person authorized to issue the inspection conclusion on the results of monitoring the implementation of the inspection conclusion;

b) Within three working days from the date of receiving the report on the results of monitoring the implementation of the inspection conclusion, the person authorized to issue the inspection conclusion bases the results of monitoring to decide: To conclude the monitoring and store the monitoring file according to current regulations if the implementation of the inspection conclusion has been completed, or to proceed with urging according to the provisions of Clauses 3 and 4 of this Article if the implementation of the inspection conclusion has not been completed;

c) The results and handling of the results of monitoring the implementation of the inspection conclusion are notified to the inspected entity and made public according to the provisions of the law.

The Minister of Justice shall specify this point.

3. The urging activity for the implementation of the inspection conclusion is conducted in the form of sending urging documents or directly working with the inspected entity. The procedures and formalities for urging the implementation of the inspection conclusion are implemented according to the provisions of Clause 4 of this Article.

4. The procedures and formalities for urging the implementation of the inspection conclusion are as follows:

a) At the latest within five working days from the date of being assigned the task of urging, the person assigned the task of urging is responsible for proposing an urging document to be submitted by the person authorized to issue the inspection conclusion to the inspected entity;

b) Within thirty days from the date of being assigned the task of urging, the person assigned the task of urging is responsible for reporting the results of urging to the person authorized to issue the inspection conclusion;

c) Within three working days from the date of receiving the report on the results of urging the implementation of the inspection conclusion, the person authorized to issue the inspection conclusion bases the results of urging to decide: To conclude the urging and store the urging file according to current regulations if the implementation of the inspection conclusion has been completed, or to conduct an inspection of the implementation of the inspection conclusion according to the provisions of Article 21 of this Decree if the implementation of the inspection conclusion has not been completed;

d) The results and handling of the results of urging the implementation of the inspection conclusion are notified to the inspected entity and made public according to the provisions of the law.

Article 21. Inspection of the Implementation of Inspection Conclusions

1. The person authorized to issue inspection conclusions shall issue an inspection decision on the implementation of inspection conclusions when there is one of the following grounds:

a) The inspected object has not completed the implementation of the inspection conclusion within the prescribed time limit and has not submitted a report on the implementation results or requested an extension for implementation (if applicable);

b) The inspected object fails to fulfill the obligation to report the results of implementing the inspection conclusion as required by law;

c) During the process of monitoring and urging, signs of disposing of money, evidence, means of administrative violations, destroying documents, non-cooperation, obstruction, or other acts of violating the law are discovered.

2. The inspection shall be carried out upon issuance of an inspection decision by the person authorized to issue inspection conclusions. The inspection decision must clearly state: Basis for issuing the decision; subject, content, scope, and time limit for inspection; persons assigned to carry out the inspection tasks. The inspection decision must be sent to the persons assigned to carry out the inspection and the inspected object within three working days from the date of signing. Persons assigned to carry out the inspection must conduct the inspection within the latest period of fifteen days from the date of signing the inspection decision.

3. The maximum inspection period for the implementation of inspection conclusions is five working days from the start of the inspection. If the inspection content is complex and the inspection scope is wide, the maximum inspection period is fifteen days from the start of the inspection.

4. Within the latest period of three working days from the end of the inspection, the person assigned to carry out the inspection must report the inspection results to the person authorized to issue inspection conclusions. The report includes the following contents: Evaluation of the situation and inspection results; conclusion on the inspection content; recommendations for measures to handle administrative violations and related matters to ensure the implementation of inspection conclusions.

5. Based on the inspection results, the person authorized to issue inspection conclusions is responsible for:

a) Requesting the head of the direct management agency of the inspected object to apply measures within their authority to compel the inspected object to complete the implementation of the inspection conclusion;

b) Applying measures within their authority or recommending the competent authority to apply measures according to the provisions of the law;

c) Transferring the case to the competent investigative body for examination and prosecution if signs of criminal offenses related to the implementation of inspection conclusions are discovered.

Chapter IV

DISCIPLINARY ACTION IN THE ENFORCEMENT OF LAW

ON THE HANDLING OF ADMINISTRATIVE VIOLATIONS

1. Retaining cases with signs of criminal offenses for administrative violation handling.

2. Misusing position and power to harass, demand, or accept money or property from violators; tolerating, shielding, or restricting the rights of administrative violators during the handling of administrative violations.

3. Not imposing administrative penalties; not applying measures to remedy consequences or not applying administrative handling measures against violators as stipulated by law.

4. Imposing administrative penalties, applying measures to remedy consequences, or applying administrative handling measures untimely, not strictly, beyond authority, or not in accordance with procedures, objects as prescribed by law.

5. Applying forms of penalty, levels of penalty, or measures to remedy consequences incorrectly or incompletely for administrative violations.

6. Illegally interfering in the handling of administrative violations.

7. Extending the duration of application of administrative handling measures.

8. Using funds collected from fines for administrative violations, late payment fees for fines, proceeds from the sale or liquidation of confiscated evidence and means of administrative violations, and other funds obtained from administrative penalties contrary to the State budget regulations.

9. Falsifying or distorting administrative violation penalty files or files on the application of administrative handling measures.

10. Providing inaccurate or untruthful information or materials related to inspection content.

11. Illegally interfering in inspection activities, taking advantage of influence to affect those conducting inspections.

12. Resisting, obstructing those conducting inspections, threatening, persecuting those providing information or materials to inspection agencies or inspection teams, causing difficulties for inspection activities.

13. Disclosing information or materials about inspection conclusions before receiving an official conclusion.

14. Not implementing inspection conclusions.

15. Implementing inspection conclusions incompletely or inaccurately.

16. Not monitoring, urging, or inspecting the compliance with penalty decisions by individuals or organizations that have been penalized; the execution of measures to remedy consequences implemented by individuals or organizations.

17. Issuing documents outside of authority defining acts of administrative violations; regarding authority, procedures, forms of penalties, measures to remedy consequences for each act of administrative violation in the field of state administration, and administrative handling measures.

18. Neglecting responsibility in directing the implementation of inspection conclusions.

19. Not resolving or resolving complaints or denunciations in the handling of administrative violations in a timely manner.

1. Officials, civil servants, and public employees who commit acts of violating the law in enforcing administrative violation handling laws may be subject to disciplinary measures as provided for in Articles 24, 25, 26, 27, 28, and 29 of this Decree, depending on the nature and severity of the violations.

2. The principles, authority, procedures, formalities, and other related contents concerning the imposition of disciplinary measures on civil servants and public employees who commit violations in enforcing administrative violation handling laws shall be carried out in accordance with the provisions of the law on disciplinary measures for civil servants and public employees.

3. The attitude of accepting, correcting, and proactively remedying the consequences of violations by officials, civil servants, and public employees is a factor considered when increasing or mitigating the application of disciplinary measures.

The consideration of increasing or mitigating the application of disciplinary measures also applies in cases where the violation is committed due to objective circumstances or the fault of the violator.

4. The determination of authority, procedures, and formalities for imposing disciplinary measures on officials who commit violations in enforcing administrative violation handling laws shall be carried out in accordance with the provisions of the law.

1. The form of reprimand disciplinary measure shall be applied to officials and civil servants who commit one of the following violations in enforcing administrative violation handling laws:

a) Administering administrative penalties, applying remedial measures, or implementing administrative measures not promptly, not strictly, not within their authority, or not in accordance with the prescribed procedures and objects under the law;

b) Not monitoring, urging, or inspecting the compliance with decisions on administrative penalties by individuals or organizations that have been penalized; the implementation of remedial measures by individuals or organizations;

c) Disclosing information or documents about the inspection conclusion before receiving an official conclusion;

d) Implementing the inspection conclusion incompletely or inaccurately;

đ) Not resolving or not promptly resolving complaints or reports in administrative violation handling.

2. The form of reprimand disciplinary measure shall be applied to public employees who commit one of the following violations in enforcing administrative violation handling laws:

a) Disclosing information or documents about the inspection conclusion before receiving an official conclusion;

b) Implementing the inspection conclusion incompletely or inaccurately;

c) Not resolving or not promptly resolving complaints or reports in administrative violation handling.

1. The form of warning disciplinary measure shall be applied to officials who commit one of the following violations in enforcing administrative violation handling laws:

a) Not administering administrative penalties, not applying remedial measures, or not implementing administrative measures against violators as prescribed by law;

b) Applying the form of penalty, the level of penalty, or remedial measures incorrectly or incompletely for administrative violations;

c) Extending the duration of implementing administrative measures;

d) Illegally interfering in the handling of administrative violations;

đ) Illegally interfering in inspection activities, taking advantage of their influence to affect those performing inspection tasks;

e) Providing inaccurate or untruthful information or documents related to the content of inspections;

g) Failing to fulfill responsibilities in directing the implementation of inspection conclusions.

2. The form of warning disciplinary measure shall be applied to civil servants who commit one of the following violations in enforcing administrative violation handling laws:

a) Not administering administrative penalties, not applying remedial measures, or not implementing administrative measures against violators as prescribed by law;

b) Applying the form of penalty, the level of penalty, or remedial measures incorrectly or incompletely for administrative violations;

c) Extending the duration of implementing administrative measures;

d) Illegally interfering in the handling of administrative violations;

đ) Illegally interfering in inspection activities, taking advantage of their influence to affect those performing inspection tasks;

e) Providing inaccurate or untruthful information or documents related to the content of inspections;

g) Not implementing inspection conclusions.

3. The form of warning disciplinary measure shall be applied to public employees who commit one of the following violations in enforcing administrative violation handling laws:

a) Illegally interfering in the handling of administrative violations;

b) Illegally interfering in inspection activities, taking advantage of their influence to affect those performing inspection tasks;

c) Providing inaccurate or untruthful information or documents related to the content of inspections;

d) Not implementing inspection conclusions;

đ) Using funds collected from administrative violation fines, late payment fees for fine decisions, proceeds from the sale or liquidation of confiscated items or means of transportation, and other funds obtained from administrative violation penalties contrary to the State budget law regulations;

4. The form of warning disciplinary measure shall be applied to civil servants holding leadership positions, management personnel, and public employees in management roles who fail to fulfill their responsibilities in directing the implementation of inspection conclusions.

The disciplinary measure of reduction in rank shall be applied to civil servants not holding leadership or management positions who engage in the act of using money obtained from administrative violation fines, late payment fees for administrative penalty decisions, proceeds from the sale or liquidation of confiscated administrative violation items, and other amounts derived from administrative violation penalties contrary to the State budget law.

The disciplinary measure of demotion shall be applied to civil servants holding leadership or management positions who fail to implement inspection conclusions.

1. The disciplinary measure of dismissal shall be applied to officials who commit any of the following violations in the implementation of laws on handling administrative violations:

a) Retaining cases with signs of criminal offenses for administrative violation handling;

b) Using money obtained from administrative violation fines, late payment fees for administrative penalty decisions, proceeds from the sale or liquidation of confiscated administrative violation items, and other amounts derived from administrative violation penalties contrary to the State budget law;

c) Forging or distorting administrative violation penalty files, administrative handling measures files;

d) Resisting, obstructing persons performing inspection duties, threatening, persecuting information or document providers to inspection agencies or inspection teams, causing difficulties for inspection activities;

đ) Issuing regulations on administrative violations beyond authority;

e) Failing to implement inspection conclusions;

g) Misusing their positions and powers to extort, demand, or accept money or property from violators; tolerating, covering up, or restricting the rights of administrative violators during the handling of administrative violations.

2. The disciplinary measure of dismissal shall be applied to civil servants holding leadership or management positions who issue regulations on administrative violations, authority, procedures, forms of penalties, and remedial measures for each administrative violation within the scope of state management and administrative handling measures beyond authority.

3. The disciplinary measure of dismissal shall be applied to management staff who commit any of the following violations in the implementation of laws on handling administrative violations:

a) Issuing regulations on administrative violations, authority, procedures, forms of penalties, and remedial measures for each administrative violation within the scope of state management and administrative handling measures beyond authority;

b) Failing to implement inspection conclusions.

The disciplinary measure of compulsory termination of employment shall be applied to civil servants and staff who commit any of the following violations in the implementation of laws on handling administrative violations:

1. Retaining cases with signs of criminal offenses for administrative violation handling;

2. Forging or distorting administrative violation penalty files, administrative handling measures files;

3. Resisting, obstructing persons performing inspection duties, threatening, persecuting information or document providers to inspection agencies or inspection teams, causing difficulties for inspection activities;

4. Misusing their positions and powers to extort, demand, or accept money or property from violators; tolerating, covering up, or restricting the rights of administrative violators during the handling of administrative violations.

Chapter V

IMPLEMENTING PROVISIONS

Article 30. Effective Date

1. This Decree takes effect from March 31, 2020. Provisions on disciplinary measures in the implementation of laws on handling administrative violations in Articles 22, 23, 24, 25, 26, 27, 28, and 29 of this Decree take effect from July 1, 2020.

2. Repeal Article 21 of Government Decree No. 81/2013/NĐ-CP dated July 19, 2013 detailing certain provisions and implementing measures of the Law on Handling Administrative Violations (amended and supplemented by Government Decree No. 97/2017/NĐ-CP dated August 18, 2017 amending and supplementing certain articles of Government Decree No. 81/2013/NĐ-CP dated July 19, 2013 detailing certain provisions and implementing measures of the Law on Handling Administrative Violations).

3. Disciplinary measures against authorized fine-imposing and administrative violation record-keeping personnel belonging to the People's Army, People's Public Security, and personnel engaged in confidential work shall be implemented based on requirements and recommendations in inspection conclusions according to relevant laws, except for those in military agencies but not officers, professional soldiers, non-commissioned officers, soldiers, defense workers, defense functionaries; those in public security agencies but not officers, non-commissioned officers, conscript soldiers; those in confidential organizations but not engaged in confidential work, which shall be implemented according to this Decree.

Article 31. Responsibility for Implementation

1. The Minister of Justice shall be responsible for detailing and guiding the implementation of the provisions assigned in this Decree.

2. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial and centrally-administered city People's Committees, and related agencies, organizations, and individuals shall be responsible for implementing this Decree./.

PRIME MINISTER

PRIME MINISTER

(signed)

Nguyen Xuan Phuc