Resolution No. 24/2012/QH13 Implementing the Law on Handling Administrative Violations

RESOLUTION

On the Implementation of the Law on Handling Administrative Violations

___________________

OF THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM

BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

RESOLUTION:

Article 1

1. The Law on Handling Administrative Violations was adopted at the third session of the Thirteenth National Assembly of the Socialist Republic of Vietnam on June 20, 2012, and shall take effect from July 1, 2013, except for provisions related to the application of administrative sanctions decided by the People's Court which shall take effect from January 1, 2014.

2. The Ordinance on Handling Administrative Violations No. 44/2002/PL-UBTVQH10, the Ordinance No. 31/2007/PL-UBTVQH11 amending certain articles of the Ordinance on Handling Administrative Violations in 2002, and the Ordinance No. 04/2008/UBTVQH12 amending and supplementing certain articles of the Ordinance on Handling Administrative Violations shall cease to be effective from the date the Law on Handling Administrative Violations takes effect, except for provisions related to the application of measures such as placement in educational institutions and medical facilities which shall remain effective until December 31, 2013.

Article 2

From the date of promulgation of the Law on Handling Administrative Violations:

1. Measures of education at commune, ward, town level and placement in medical facilities shall not be applied to persons selling sex. Persons engaging in acts of selling sex shall be subject to administrative penalties as prescribed by law.

2. Measures of education at commune, ward, town level shall not be applied to persons aged 12 years or older but under 14 years who commit acts indicative of serious crimes under the Criminal Code due to intent, or repeatedly commit petty theft, small frauds, small gambling, and public disorder.

3. Measures of placement in educational institutions shall not be applied in the following cases:

a) Persons aged 12 years or older but under 14 years who commit acts indicative of very serious or especially serious crimes under the Criminal Code due to negligence;

b) Persons aged 12 years or older but under 14 years who commit acts indicative of less serious or serious crimes under the Criminal Code, if they have previously been subjected to measures of education at commune, ward, town level or have not been subjected to such measures but do not have a fixed place of residence;

c) Persons aged 14 years or older but under 16 years who commit acts indicative of less serious or serious crimes under the Criminal Code due to negligence, if they have previously been subjected to measures of education at commune, ward, town level or have not been subjected to such measures but do not have a fixed place of residence.

4. Measures of placement in educational institutions, placement in educational facilities, and placement in medical facilities shall not be applied to pregnant women with certification from a hospital; women or the sole caregiver of children under 36 months old residing in a commune, ward, town confirmed by the People's Committee of the commune, ward, town where they reside.

5. In cases where individuals specified in Clauses 1, 2, 3, and 4 of this Article are in the process of preparing files to apply corresponding administrative handling measures, such processes shall not continue.

If there is a decision applying corresponding administrative handling measures to individuals specified in Clauses 1, 2, 3, and 4 of this Article that has not yet been executed or has been suspended, execution shall not proceed; if such measures are being executed or temporarily suspended, compliance with the remaining period shall not be required.

Cases specified in this Clause and cases where individuals specified in Clauses 1, 2, 3, and 4 of this Article are exempted from compliance with decisions applying administrative handling measures or the remaining period of such decisions shall be considered as not having been subjected to administrative handling measures.

6. For cases where persons aged 12 years or older but under 14 years commit acts indicative of very serious crimes under the Criminal Code due to intent; persons aged 14 years or older but under 16 years commit acts indicative of serious crimes under the Criminal Code due to intent, and have not been subjected to measures of education at commune, ward, town level but do not have a stable place of residence; persons aged 14 years or older but under 18 years repeatedly commit petty theft, small frauds, small gambling, and public disorder, and have not been subjected to measures of education at commune, ward, town level but do not have a stable place of residence, the following applies:

If they are in the process of preparing files to be placed in educational institutions or have a decision applying measures of placement in educational institutions but have not yet been executed or are currently suspended, the Chairman of the People's Committee of the commune, ward, town shall examine and decide on applying measures of education at commune, ward, town level; for those without a stable place of residence, they shall be entrusted to social welfare institutions or child assistance centers for management and education during the period of compliance with measures of education at commune, ward, town level.

If the time spent in educational institutions has not reached three months, it shall continue until three months are completed; if more than three months have already been served, further placement in educational institutions shall not be continued.

Article 3

1. The provisions of the Law on Handling Administrative Violations shall be applied to handle violations occurring before July 1, 2013, as follows:

a) Provisions regarding fines, provisions regarding suspension and exemption from execution of fine decisions, and other favorable provisions regarding fines shall be applied to violations occurring before this date but discovered later or currently under examination and resolution;

b) Provisions regarding procedures for applying measures of education at commune, ward, town level that are beneficial to individuals committing violations before this date but discovered later or currently under examination and resolution.

2. For decisions on administrative violations and decisions on administrative handling measures issued or fully executed before the Law on Handling Administrative Violations took effect, if individuals or organizations subject to administrative violation penalties or individuals subject to administrative handling measures still have complaints, the provisions of the Ordinance on Handling Administrative Violations shall be applied to resolve them.

Article 4

1. The Standing Committee of the National Assembly shall prescribe the procedures and formalities for examining and deciding on the application of administrative handling measures involving placement in educational institutions for misconduct, compulsory educational facilities, and compulsory drug rehabilitation centers.

2. Within their respective duties and powers, the Government and the Supreme People's Court shall be responsible for implementing and guiding the implementation of this Resolution; organizing the review of related documents to promptly amend, supplement, or issue new ones in accordance with the Law on Handling Administrative Violations; the Government shall urgently prepare material conditions, organizational structures, and resources to timely implement unified management of the enforcement of laws on handling administrative violations in accordance with the provisions of Clause 1, Article 1 of this Resolution.

3. Within its respective duties and powers, the Supreme People's Court shall urgently recruit, train, and provide professional development for judges and civil servants; consolidate material foundations, equipment, and working conditions of people's courts to ensure they meet the requirements for examining and deciding on administrative handling measures involving placement in educational institutions for misconduct, compulsory educational facilities, and compulsory drug rehabilitation centers as stipulated by the Law on Handling Administrative Violations.

4. Within their respective duties and powers, the Government and the Supreme People's Court shall cooperate with the Vietnam Fatherland Front Central Committee and its member organizations to widely publicize the Law on Handling Administrative Violations to contribute to strengthening socialist rule of law and enhancing the effectiveness of the Law on Handling Administrative Violations.

5. Within their respective duties and powers, the National Assembly, the Standing Committee of the National Assembly, the National Ethnic Council, the Committees of the National Assembly, and National Assembly deputies shall be responsible for supervising the implementation of this Resolution.

This Resolution was adopted by the National Assembly of the Socialist Republic of Vietnam, the 13th session, third meeting, on June 20, 2012./.