Ordinance No. 28-LCT/HĐNN8 on Administrative Offense Penalties

ORDINANCE

Administrative Offences Sanctions

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To combat administrative violations, maintain social order, strengthen state discipline, socialist rule of law, and enhance the effectiveness of state management;

Based on Article 12 and Article 100 of the Constitution of the Socialist Republic of Vietnam;

This Ordinance stipulates the sanctions for administrative violations.

PART I

GENERAL PROVISIONS

Article 1. Administrative Violations

An administrative violation is an act committed intentionally or negligently by an individual or organization that infringes upon state management regulations but does not constitute a criminal offense and is subject to administrative sanctions under the law.

The Council of Ministers shall specify acts of administrative violations within the scope of their authority as provided for in Clause 1 of Article 2 of this Ordinance.

Article 2. Authority to Define Acts of Administrative Violations, Forms of Sanctions, and Measures

1. Based on laws and ordinances, the Council of Ministers shall define acts of administrative violations, forms of sanctions, and other administrative measures applicable to each type of administrative violation within the scope of state management.

2. Ministries, State Committees, and other agencies under the Council of Ministers shall be responsible for guiding the implementation of laws, ordinances, and Council of Ministers' documents on administrative sanctions within their functions and powers.

3. Provincial People's Councils, municipal people's councils, and central city people's councils shall, based on documents from higher-level state agencies and specific local conditions, define acts of administrative violations within the scope of local state management; forms of sanctions and coercive measures for such acts, except those already defined by higher-level state agencies. Provisions on forms of administrative sanctions and other administrative measures by provincial people's councils, municipal people's councils, and central city people's councils must not contravene this Ordinance.

Article 3. Ensuring Socialist Rule of Law in Administrative Sanctions

1. No individual or organization may be sanctioned for administrative violations outside the bases and procedures prescribed by law.

2. State agencies, social organizations, economic organizations, and citizens must strictly comply with legal provisions on administrative sanctions.

3. The People's Public Prosecutor shall supervise compliance with the law on administrative sanctions by authorized state agencies, other agencies and organizations, and all citizens.

4. The Vietnam Fatherland Front, social organizations, and all citizens have the right to monitor, identify, and report violations of the law by state agencies and individuals authorized to impose administrative sanctions.

Article 4. Tasks in Combating Administrative Violations

1. State agencies, social organizations, and economic organizations have the responsibility to educate members about the importance of upholding and complying with the law and socialist life norms, promptly taking measures to eliminate causes and conditions leading to administrative violations within their organizations.

2. State agencies authorized to impose administrative sanctions must regularly organize statistics and summaries of practical experiences in administrative sanctions, proposing measures to combat administrative violations.

3. All citizens have the duty to actively combat administrative violations.

Article 5. Subjects Subject to Administrative Offense Sanctions

1. Vietnamese citizens aged 18 years or older shall be held administratively responsible for all administrative offenses they commit. The sanctioning of administrative offenses committed by minors shall be carried out in accordance with the provisions of Article 29 of this Ordinance.

Military personnel on active duty, reserve military personnel during concentrated training periods, and members of the people's public security forces, if they commit administrative offenses, shall be subject to the same treatment as other citizens; in cases where it is necessary to apply sanctions involving the revocation of certain types of licenses, the sanctioning authority shall not directly impose such sanctions but shall transfer the case file to the agency or unit where they serve or where the offense occurred for handling according to the Disciplinary Regulations.

2. State agencies, social organizations, and economic organizations (hereinafter referred to collectively as organizations), if they commit administrative offenses, shall be subject to fines and the revocation of licenses in accordance with the provisions of Article 11 of this Ordinance, and other administrative measures as stipulated in Article 12 of this Ordinance.

3. Individuals and organizations from foreign countries committing administrative offenses on the territory of the Socialist Republic of Vietnam shall be sanctioned as Vietnamese citizens and organizations; individuals and organizations from foreign countries enjoying diplomatic privileges and immunities, consular privileges and immunities, and other privileges and immunities under Vietnamese law, and pursuant to international treaties to which the Socialist Republic of Vietnam is a party or has recognized, the resolution of administrative offenses shall be handled through diplomatic channels.

Article 6. Principles of Administrative Offense Sanctions

1. All administrative offenses must be promptly detected, fairly and swiftly resolved in accordance with the law.

2. An administrative offense shall only be sanctioned once.

A person who commits multiple administrative offenses shall be sanctioned for each offense separately, but the total combined form of punishment shall not exceed the highest level prescribed by law for the most serious offense.

When multiple persons jointly commit an administrative offense, each offender shall be sanctioned.

3. State authorities with the power to sanction administrative offenses must base their decisions on the nature and degree of the offense, the personal circumstances of the offender, and mitigating or aggravating circumstances to determine the form and level of punishment for individual or organizational offenders.

4. Administrative offenses shall not be sanctioned in situations of emergency, justifiable self-defense, unexpected events, or when committing an administrative offense while suffering from mental illness or other illnesses that impair cognitive ability or control over behavior.

Article 7. Mitigating Circumstances

The following circumstances shall be considered mitigating circumstances:

1. The person committing the administrative offense has taken action to reduce the harm caused by the offense or voluntarily repaired and compensated for damages;

2. The offense was committed in a state of mental agitation caused by unlawful acts of others;

3. The offender is a pregnant woman, elderly person, or a person with a disease or disability that limits their ability to understand or control their behavior;

4. The offense was committed due to particularly difficult circumstances not caused by the offender themselves.

5. The violation was due to outdated knowledge or skills.

Article 8. Aggravating Circumstances

Only the following circumstances shall be considered aggravating circumstances:

1. Organized violation;

2. Repeated violation or recidivism;

3. Violation causing significant damage to property;

4. Inciting or enticing minors to violate;

5. Violation while intoxicated due to alcohol, beer, or other stimulants;

6. Exploiting official position, authority, or taking advantage of natural disasters, epidemics, or enemy threats to violate;

7. Violation before or during the period of enforcement of administrative penalty decisions;

8. After violating, engaging in acts to evade or conceal administrative violations.

Article 9. Statute of Limitations for Administrative Penalties

1. No administrative penalties shall be imposed on individuals or organizations that commit administrative violations if more than one year has passed since the date of the violation.

2. For individuals who have committed criminal offenses and been prosecuted, indicted, or had a decision made to bring them to trial under criminal procedure but the investigative agencies decide to terminate the investigation or close the case, if the criminal offense also indicates an administrative violation, the statute of limitations for imposing administrative penalties on the individual committing the administrative violation is three months from the date of the termination decision.

3. Within the time limits specified in Clause 1 and Clause 2 of this Article, if individuals or organizations commit new administrative violations or intentionally evade or obstruct the imposition of penalties, the statute of limitations shall be recalculated from the date of the new administrative violation or when the act of evading or obstructing the imposition of penalties ceases.

Article 10. Time Period to Be Considered Unpunished for Administrative Violations

An individual who has been administratively penalized, if more than one year has passed since the completion of the execution of the penalty decision or from the expiration date of the enforcement of the penalty decision, and if they do not reoffend, shall be considered as not having been administratively penalized.

Chapter II

OTHER ADMINISTRATIVE PENALTIES AND MEASURES

Article 11. Forms of Administrative Penalties

1. Individuals or organizations committing administrative violations must bear one of the following main penalties:

a) Warning;

b) Fine.

2. In addition to the main penalty, individuals or organizations committing administrative violations may also bear one of the following additional penalties:

a) Revocation of license usage (revocation of driver's licenses for transportation vehicles, transport permits, business licenses, or other types of licenses).

b) Confiscation of contraband items and equipment.

Article 12. Other Administrative Measures

1. In addition to the forms of administrative penalties prescribed in Article 11 of this Ordinance, competent state agencies imposing administrative penalties may apply the following administrative measures to individuals or organizations committing administrative violations:

a) Compel restoration of the situation altered by the administrative violation or compel removal of unauthorized construction works;

b) Compel compensation for direct losses caused by the administrative violation up to 100,000 dong;

c) Compel destruction of pornographic materials or items that may harm human health;

d) Suspend activities causing environmental pollution, spreading diseases, creating disturbances that disrupt public tranquility, and require implementation of remedial measures.

2. Conditions for applying the forms of administrative penalties prescribed in Article 11 of this Ordinance and other administrative measures prescribed in Clause 1 of this Article for each administrative violation are stipulated in legal documents providing for administrative penalties.

Article 13. Warning

The warning shall be applied to individuals who commit minor administrative violations for the first time with mitigating circumstances, as decided by state agencies authorized to impose penalties in writing or through other forms prescribed in legal documents concerning administrative penalty imposition.

Article 14. Fine

1. A fine from VND 1,000 to VND 20,000 shall be imposed on individuals or organizations that commit simple, clear administrative violations without causing damage or causing insignificant property damage; if the violation occurs repeatedly, a fine from VND 20,000 to VND 50,000 shall be imposed.

2. A fine from VND 20,000 to VND 50,000 shall be imposed on administrative violations not covered by Clause 1 and Clause 3 of this Article.

3. For administrative violations in fields such as national security, production and circulation of goods, currency, taxes, prices, natural resource protection, environment, culture, and information, where there are aggravating circumstances, a fine exceeding VND 50,000 may be imposed.

In cases of administrative violations in the economic field, the amount of the fine may be calculated at one to three times the value of the illegal goods or one to three times the value of the illegal goods or the amount of unjust gains.

4. Specific fines for each type of administrative violation are stipulated in legal documents concerning administrative penalty imposition.

5. Imposing fines in foreign currencies shall be regulated by the Council of Ministers.

Article 15. Revocation of License Usage Rights

Revoking license usage rights means reclaiming licenses issued by authorized state agencies for a limited or unlimited period when individuals or organizations violate the rules governing the use of those licenses.

Article 16. Confiscation of Violation Items, Money, and Means

Confiscation of violation items, money, and means involves transferring to the state treasury goods, money, means of transportation, and other related items directly linked to the administrative violation. When confiscating, conditions should still be provided for the violator or their family to maintain a living.

Items, money, and means of transportation belonging to socialist public ownership or other lawful forms of ownership that have been wrongfully seized or improperly used by the violator shall not be confiscated.

Chapter III

AUTHORITY TO IMPOSE ADMINISTRATIVE PENALTIES

Article 17. State Agencies and Individuals Authorized to Impose Penalties

1. State agencies authorized to impose administrative penalties include:

a) People's Committees at all levels;

b) Police agencies, Border Guard Forces, Customs, Forest Rangers, Tax Authorities, Market Management, Economic Arbitration, and other specialized state inspection agencies;

c) People's Courts at all levels.

2. The representatives of state agencies authorized to impose penalties are the heads or deputy heads of the agencies specified in Clause 1 of this Article.

Police officers, Border Guard soldiers, Customs officials, Forest Rangers, Tax officials, and specialized state inspectors performing their duties may impose penalties according to this Ordinance.

Article 18. Principles for Determining Authority to Impose Penalties

1. The division of authority to impose administrative penalties among People's Committees at various levels, state agencies, and individuals authorized to impose penalties as specified in Clause 1 and Clause 2 of Article 17 of this Ordinance shall be defined in legal documents concerning administrative penalty imposition based on the nature of the act and the characteristics of the violation.

2. If an administrative violation falls under the jurisdiction of multiple agencies to impose penalties, the agency that first accepts the case shall carry out the penalty.

Article 19. Competence to impose administrative penalties

1. People's Police officers, Border Guard soldiers, Customs officers, Forest Rangers, Tax officials performing their duties may impose warnings and fines up to VND 20,000. The imposition of fines from VND 20,000 to VND 50,000 must be decided by the direct superior of those authorized to impose penalties.

2. Chairpersons of village-level People's Committees, Ward Chiefs, and Town Chiefs, and Police Station Chiefs may impose warnings and fines up to VND 50,000.

3. State inspectors performing specialized state inspection functions while on duty may impose warnings and fines up to VND 100,000, revoke certain types of licenses, and apply other coercive measures as stipulated in Article 12 of this Ordinance, except for the measure of compelling compensation for damages.

4. Market Management Team Leaders may impose warnings, revoke business licenses, and impose fines up to VND 500,000 for administrative violations in the field of business and trade.

5. Heads of Tax Departments, Heads and Deputy Heads of County-level Public Security Departments, Heads of Provincial-level Public Security Departments' functional departments, Forest Protection District Chiefs, Heads of Customs Units, and Commanders of Border Guard Units may apply all forms of penalties and other coercive measures as stipulated in this Ordinance and impose fines up to VND 200,000.

6. Chairpersons of County-level People's Committees and equivalent positions may apply all forms of penalties and other administrative measures as stipulated in this Ordinance and impose fines up to VND 2,000,000.

7. Chairpersons of Provincial-level People's Committees and equivalent positions may apply all forms of penalties and administrative measures within the scope defined by this Ordinance.

8. People's Courts at all levels shall impose penalties on administrative violations that obstruct judicial proceedings and enforcement of judgments.

9. Economic Arbitration Tribunals at all levels shall impose administrative penalties on individuals who sign economic contracts deemed wholly void by the Economic Arbitration Tribunal and those who intentionally implement wholly void contracts.

Chapter IV

PROCEDURES FOR ADMINISTRATIVE SANCTIONS

Article 20. Simplified Procedures

In cases where administrative penalties are imposed through warnings or fines up to VND 20,000, the competent state agency or person authorized to impose penalties shall decide the penalty on the spot. The person fined must pay the fine and receive a receipt for the fine payment.

Article 21. Recording Administrative Violations

When there is an administrative violation, the competent state agency or person authorized to impose penalties must promptly record it, except in cases where simplified procedures are applied.

The record of administrative violations must clearly state the date, month, year, and location of recording; the name, position of the recorder; the name, address, occupation of the violator or the name, address of the violating organization; the date, month, year, and location of the violation; the content of the violation, measures to prevent and ensure the penalty; the status of seized items or means if applicable; statements from the violator or representative of the violating organization. If there are witnesses or victims, their names, addresses, and statements must also be recorded.

Upon completion, the record must be signed by the recorder and the violator or representative of the violating organization; if there are witnesses or victims, they must also sign the record.

In cases where the record consists of multiple pages, the recorder and the violator or representative of the violating organization must sign each page.

In cases where the violator, witness, or victim refuses to sign, the reason must be clearly stated.

Upon completion, the record must be handed over to the individual or organization in violation with a copy. If the agency or person recording does not have the authority to impose such administrative penalties, the record must be transferred to the competent agency with such authority.

The competent state agency or person authorized to conduct the recording of administrative violations or to apply penalties through simplified procedures must immediately issue an order to cease the violation.

Article 22. Measures to Prevent and Ensure Administrative Offense Sanctions

In cases where it is necessary to promptly prevent administrative offenses or ensure the enforcement of sanctions, state agencies and authorized persons may apply measures such as temporary detention of individuals, body searches, vehicle inspections, item inspections, inspections of places concealing evidence of administrative offenses, and temporary detention of evidence and means of committing administrative offenses according to administrative procedures. When applying these measures, state agencies and authorized persons must strictly comply with the provisions of Articles 23, 24, 25, 26, and 27 of this Ordinance and other relevant laws.

Strictly prohibited is any infringement upon the health, dignity, and personal integrity of individuals who are temporarily detained or searched under administrative procedures.

Individuals and organizations subject to the measures prescribed in this Article and Articles 23, 24, 25, 26, and 27 of this Ordinance may lodge complaints with the direct superior agency or person implementing those measures, or file complaints with the People's Public Prosecutor.

Article 23. Temporary Detention of Individuals Under Administrative Procedures

1. Temporary detention of individuals under administrative procedures shall only be applied in the following cases:

a) State agencies with authority need to collect and verify important circumstances serving as grounds for deciding on administrative offense penalties;

b) To immediately stop acts causing public disorder.

2. The individuals subject to temporary detention under administrative procedures are:

a) Chairpersons of People's Committees at commune and town levels; Chiefs of Police Stations at ward level; Chiefs or Deputy Chiefs of Police Stations at district level; Heads or Deputy Heads of specialized departments of provincial police forces; Heads or Deputy Heads of mobile police units; Chiefs of Forest Rangers; Heads of border customs units;

b) Commanders of border guard posts and border defense units stationed at borders and islands;

c) Commanders of aircraft or ships when the aircraft or ship has left the airport or port.

3. Upon request of the individual being detained, the state agency or the person issuing the detention decision must inform their family members, workplace, or educational institution. In cases where minors violating administrative regulations are detained for more than six hours, it is mandatory to inform their parents or guardians.

The duration of detaining individuals for administrative offenses shall not exceed twelve hours; in exceptional cases, the detention period may be extended but shall not exceed twenty-four hours from the time of detention.

For individuals violating border regulations or committing administrative offenses in remote mountainous areas or islands, the detention period may be extended but shall not exceed forty-eight hours.

4. All instances of temporary detention must be documented in writing and a copy must be handed over to the detained individual.

Article 24. Body Search Under Administrative Procedures

1. Authorized agencies may conduct body searches under administrative procedures only if there is reasonable basis to believe that the individual is concealing items, documents, or means of committing administrative offenses within their body.

2. Only the individuals specified in Clause 2 of Article 23 of this Ordinance may decide to conduct body searches under administrative procedures.

3. Prior to conducting a body search, the searcher must notify the individual of the decision and request them to produce the concealed items, documents, or means of committing administrative offenses for investigation. If the individual refuses, a compulsory search must be conducted.

4. During a body search, males should be searched by males, females by females, and there must be a witness of the same gender present.

5. Police officers, border guards, forest rangers, customs officials, and commanders of aircraft or ships are permitted to conduct body searches under administrative procedures if they have reasonable grounds to believe that the individual is concealing items, documents, or means of committing administrative offenses, and they must immediately report this to their superiors.

6. All body searches must be documented in a record and a copy must be handed over to the individual being searched.

Article 25. Inspection of conveyances and objects pursuant to administrative procedures

1. The inspection of conveyances and objects pursuant to administrative procedures may only be conducted when there is evidence indicating that contraband or items violating administrative regulations are concealed within such conveyances or objects.

2. Police officers, border guards, customs officials, forest rangers, tax officials, and inspectors on duty have the authority to inspect conveyances and objects.

3. When conducting inspections of conveyances and objects, the owner of the conveyance or object and one witness must be present; if the owner is absent, two witnesses must be present.

4. All inspections of conveyances and objects must be documented in a record, which must be provided to the owner of the conveyance or object.

Article 26. Inspection of places where contraband or means of violating administrative regulations are concealed

1. Inspections of places where contraband or means of violating administrative regulations are concealed may only be conducted when there is evidence indicating that such contraband or means are concealed at those locations.

2. Such inspections can only be carried out with a written order from the head of the county-level public security agency; the inspection order must be approved by the procurator of the People's Procuratorate at the same level.

3. Inspections of places where contraband or means of violating administrative regulations are concealed shall not be conducted at night unless it is impossible to delay, but the reason must be clearly recorded in the record; during the inspection, the owner of the place being inspected or an adult member of their family and one witness must be present.

4. All inspections of places where contraband or means of violating administrative regulations are concealed must be documented in a record, which must be provided to the owner of the place being inspected.

Article 27. Temporary detention of contraband or means of violating administrative regulations

1. When it is deemed necessary to immediately prevent an administrative violation or to verify facts serving as grounds for imposing penalties, the persons specified in Clause 2 of Article 23 of this Ordinance have the authority to decide on the temporary detention of contraband or means of violating administrative regulations.

2. The person making the decision to temporarily detain contraband or means of violating administrative regulations is responsible for preserving these items. If they are transferred, substituted, or destroyed due to the fault of this person, they must bear personal responsibility for compensation.

In cases where sealing is deemed necessary, it must be carried out in the presence of the user or representative of the organization using the illegal items or means, or a representative of the family, a representative of the authorities, and a witness.

3. For contraband or means of violating administrative regulations that cannot be preserved for long, auction sales must be conducted and the proceeds deposited into a bank.

Within fifteen days from the date of temporary detention, the state agency or person authorized to make the temporary detention decision must handle the detained contraband or means according to the measures stipulated in the penalty decision or return them to the user or organization, if monetary fines or confiscation measures are not applied against them.

4. The temporary detention of contraband or means of violating administrative regulations must be decided in writing and a copy of the decision must be provided to the user or representative of the organization using the contraband or means.

Article 28. Decision on Administrative Sanctions

1. Within fifteen days from the date of issuance of the administrative violation record, the state agency or person authorized to impose sanctions must issue a decision on administrative sanctions against the individual or organization that committed the administrative violation.

2. The decision on administrative sanctions must clearly state the date, month, year; the name of the agency or person issuing the decision on administrative sanctions; the full name, address, occupation of the violator or the name and address of the violating organization; relevant circumstances related to the handling of the violation; the provisions of the legal document stipulating the administrative responsibility for such conduct; form and level of sanction; measures for dealing with seized items and means; signature of the person issuing the decision on administrative sanctions.

3. Decisions imposing fines of VND 500,000 or more, and decisions confiscating items and means valued at VND 500,000 or more must be sent to the People's Procuracy.

4. For administrative violations requiring compensation for damages valued under VND 100,000, the state agency or person authorized to impose sanctions shall decide on such compensation. If the damage is valued at VND 100,000 or more, the compensation shall be resolved through mutual agreement between the parties or through civil litigation procedures.

5. The decision on administrative sanctions must be delivered to the individual or organization being sanctioned no later than three days from the date of issuance of the decision.

6. Procedures for applying administrative sanctions and other administrative measures are prescribed by the Council of Ministers.

Article 29. Handling Administrative Violations by Minors

1. Individuals aged sixteen years or older but under eighteen years old must bear administrative responsibility for all administrative violations they commit.

2. Individuals aged fourteen years or older but under sixteen years old will only be penalized for administrative violations committed intentionally; the form and level of penalty for them are warning or fine up to VND 10,000.

For individuals under fourteen years old, penalties will not be imposed but educational measures will be applied instead.

3. In cases where minors who have not reached sixteen years of age do not have money to pay the fine, their parents or guardians must pay the fine on their behalf.

4. A decision on administrative sanctions against a violator who was under sixteen years old at the time of the violation shall not be counted towards determining recidivism.

Article 30. Transfer of Administrative Violation Files for Criminal Prosecution

When examining whether the violation has criminal elements, the state agency or person authorized must transfer the file to the competent criminal investigation authority for resolution.

Article 31. Enforcement of Decisions on Administrative Sanctions

1. Individuals or organizations subject to administrative sanctions must immediately enforce the decision on administrative sanctions from the date they receive it.

2. Organizations subject to administrative sanctions must enforce the decision on administrative sanctions while simultaneously identifying the fault of those directly responsible for the administrative violation during the performance of their duties to pursue disciplinary, material, and civil liability according to the law.

3. Within five days from the effective date of the decision on administrative sanctions, if the party does not voluntarily comply, enforcement shall be compulsory.

Article 32. Compulsory Enforcement of Decisions on Administrative Sanctions

1. Individuals or organizations subject to administrative sanctions who do not voluntarily comply with the decision on administrative sanctions within the period specified in Article 31 of this Ordinance shall be subject to compulsory enforcement through the following measures:

a) Deducting part of the salary or income; deducting money from the bank account;

b) Seizing assets for auction;

c) Compulsorily enforcing decisions on administrative measures according to the provisions of Article 12 of this Ordinance.

The state agency authorized to impose sanctions has the duty to organize the enforcement of administrative compulsion against individuals or organizations subject to administrative sanctions if they do not voluntarily comply with the decision on administrative sanctions. The People's Police force is responsible for enforcing the decision on administrative compulsion of the People's Committee at the same level and coordinating with the agencies that issued the decision on administrative sanctions and organizing the enforcement of administrative compulsion when requested.

2. Individuals or organizations subject to administrative compulsion must bear all costs associated with the implementation of these enforcement measures.

3. The procedures for applying the enforcement measures provided for in Clause 1 of this Article are prescribed by the Council of Ministers.

Article 33.  Handling of Items and Means Involved in Administrative Violations

1. For items and means involved in administrative violations confiscated and transferred to the State Treasury, the decision on administrative sanctions and the record of confiscation of items and means must be handed over to the financial agency.

2. For items and means involved in administrative violations that are pornographic materials or counterfeit goods without usable value, a committee must be established to destroy them.

3. For items and means involved in administrative violations belonging to the State, collective entities, or individuals with a decision to return to the owner, the authorized agency must return them to the owner.

4. For items and means involved in administrative violations whose owners are unknown, the agency responsible for enforcing the decision must publicly post notices and widely announce on mass media. After thirty days from the date of announcement and public posting, if the owner cannot be identified, the items and means will be transferred to the State Treasury.

Article 34. Time Limit for Enforcement of Administrative Sanction Decisions

1. An administrative sanction decision becomes void after one year from the date of issuance.

2. In cases where an administrative sanction decision is appealed, the time limit set forth in Clause 1 of this Article shall be extended by a period equal to the time taken to resolve the appeal.

3. The time limit specified in Clause 1 of this Article does not apply in cases where the individual or organization being sanctioned deliberately evades or delays enforcement.

Article 35. Fine and Receipt for Payment of Fine

Fines collected must be deposited into the State budget. The management system for receipts for fine payments and payment procedures shall be regulated by the Council of Ministers.

Article 36. Appeal against Administrative Sanction Decisions

1. Individuals or organizations subject to administrative sanctions, or their representatives, have the right to appeal the administrative sanction decision within ten days from the date of receipt of the decision.

2. Appeals must be submitted to the immediate superior authority of the person issuing the administrative sanction decision.

An appeal against an administrative sanction decision does not suspend the enforcement of the decision.

Article 37. Resolution of Appeals against Administrative Sanction Decisions

1. Within fifteen days from the date of receipt of the appeal, the immediate superior authority of the person issuing the administrative sanction decision must examine the appeal and issue one of the following decisions:

a) Not to change the administrative sanction decision;

b) To change the form, level, or measures of the administrative sanction;

c) To revoke the administrative sanction decision and terminate the sanction process.

For complex violation cases, the appeal resolution authority may extend the above deadline, but not exceeding thirty days.

2. In cases where the appeal resolution authority issues a decision to change the form, level, or measures of the administrative sanction; to revoke the administrative sanction decision and terminate the sanction process, the appeal resolution authority may decide on compensation for direct losses, if applicable.

Regarding compensation decisions, if the aggrieved party disagrees, they may request the court to resolve the matter through civil litigation procedures.

3. The decision of the competent authority resolving the appeal takes effect immediately.

Article 38. Handling of Complaints

1. Complaints about abuse of power or other illegal acts by state agencies or individuals authorized to impose administrative sanctions shall be examined and resolved by the immediate superior authority of such agencies or individuals.

2. Upon receiving a complaint, the competent state agency must promptly examine and resolve it and provide a response within fifteen days, or within thirty days if the case is complex, from the date of receipt of the complaint.

Chapter V

REWARD AND DISCIPLINARY ACTION FOR VIOLATIONS

Article 39. Awards

1. Individuals who make significant contributions to detecting administrative violations shall be rewarded according to the general reward system of the State and shall receive monetary rewards ranging from 1% to 15% of the fine amount and the value of confiscated property and means of transportation.

2. Public servants who achieve notable results shall be rewarded according to the general reward system for state officials, workers, and employees.

The Council of Ministers shall regulate the reward system for agencies and units that achieve notable results in combating administrative violations.

Article 40. Handling Violations

Individuals authorized to impose administrative sanctions who violate regulations on administrative sanctions due to personal gain or other personal motives, or those without such authority who arbitrarily impose sanctions, shall be disciplined or criminally prosecuted depending on the nature and severity of the violation; if material damage is caused to the State, organizations, or citizens, they must compensate.

Chapter VI

FINAL PROVISIONS

Article 41. This Ordinance shall take effect from January 1, 1990.

Article 42.

All previous provisions on administrative offenses penalties that are contrary to this Ordinance are hereby abolished./.