Directive No. 445-TTg on organizing and implementing the Administrative Violation Handling Ordinance

DIRECTIVE

ON THE ORGANIZATION AND IMPLEMENTATION OF THE ENFORCEMENT OF LEGAL INSTRUMENTS FOR HANDLING ADMINISTRATIVE VIOLATIONS

The Administrative Violation Handling Ordinance was adopted by the Standing Committee of the National Assembly on July 6, 1995, and took effect from August 1, 1995. This is an important legal document of our country concerning the struggle to prevent and combat administrative violations, aimed at maintaining national security, social order, and safety, strengthening socialist rule of law, and enhancing the effectiveness of state management. To promptly implement this Ordinance effectively, the Prime Minister issues the following directive:

1. Ministers, Heads of ministerial-level agencies and agencies under the Government, Chairmen of People's Committees of provinces and centrally governed cities shall be responsible for closely coordinating with the Vietnam Fatherland Front and its member organizations in organizing the wide dissemination and publicity among civil servants of state agencies, economic organizations, social organizations, units of the people's armed forces, and all citizens regarding the contents of the Administrative Violation Handling Ordinance, with the aim of raising awareness about respecting and strictly complying with the Ordinance, mobilizing the strength of the masses of people in preventing and combating administrative violations, while also performing their supervisory role over the implementation of the Ordinance by state agencies and officials.

Central and local mass media must use appropriate forms to organize extensive and regular publicity about the objectives, requirements, and contents of the Administrative Violation Handling Ordinance.

2. Ministries and sectors that have specialized inspection functions or authority to handle administrative violations, People's Committees at all levels, and other agencies with authority to handle administrative violations must develop plans to improve organizational structures, arrange and deploy competent and qualified staff, and organize training to effectively implement the Administrative Violation Handling Ordinance and related legal documents within their respective ministries, sectors, and regions.

State agencies and persons authorized to handle administrative violations must enforce penalties strictly according to the provisions of the Ordinance, resolutely ending arbitrary handling, handling beyond authority, delayed punishment, or allowing violations to continue, while also strictly punishing officials who violate the Law in handling administrative violations.

3. From now until the end of August 1995, the following ministries and sectors are responsible for urgently drafting and submitting to the Government for issuance detailed regulations implementing certain aspects of the Administrative Violation Handling Ordinance:

- The Ministry of Justice, in collaboration with the Ministry of Home Affairs and relevant agencies and organizations, shall draft a Decree promulgating the Regulation on educational measures at commune, ward, and town level for individuals specified in Article 21 of the Ordinance.

- The Ministry of Home Affairs, in collaboration with the Ministry of Labor, Invalids and Social Affairs, the Ministry of Education and Training, the Vietnam Children's Protection and Care Committee, and relevant agencies, shall draft a Decree promulgating the Regulation on administrative measures: placement in a disciplinary school; placement in an educational facility; administrative supervision for individuals specified in Articles 22, 23, and 25 of the Ordinance and a Decree enforcing the execution of administrative violation penalty decisions.

- The Ministry of Labor, Invalids and Social Affairs, in collaboration with the Ministry of Health, the Ministry of Home Affairs, and relevant agencies and organizations, shall draft a Decree promulgating the Regulation on measures for placement in medical facilities for individuals specified in Article 24 of the Administrative Violation Handling Ordinance.

- The Ministry of Finance, in collaboration with relevant ministries and sectors, shall draft regulations on the organization and method of payment of fines, the system of managing fine receipts, and the management of paid fines.

4. Within the scope of their functions, ministries, ministerial-level agencies, and agencies under the Government must urgently review existing laws on administrative penalties to amend and supplement them in accordance with the provisions of the Ordinance on administrative penalties, and submit them to the Government for issuance no later than the third quarter of 1995. For Laws and Ordinances that contain provisions on administrative penalties, ministries and sectors must draft amendments to be submitted to the Government for consideration and submission to the National Assembly or the Standing Committee of the National Assembly for decision to ensure the consistency of the legal system in handling administrative violations.

5. For areas where there are currently no legal documents regulating administrative penalties, ministries, ministerial-level agencies, and agencies under the Government are responsible for drafting and submitting such documents to the Government for issuance by the end of the fourth quarter of 1995.

a. The Ministry of Water Resources shall draft documents on administrative penalties in the field of dike and water conservancy project management.

b. The Ministry of Construction shall draft documents on administrative penalties in the fields of construction management, housing management, and urban infrastructure management.

c. The Land Administration General Department shall draft documents on administrative penalties in the field of land management.

d. The Ministry of Science, Technology, and Environment shall draft documents on administrative penalties in the field of environmental protection.

đ. The Ministry of Trade shall draft documents on administrative penalties in the field of trade.

e. The Ministry of Transport shall draft documents on administrative penalties in the field of transportation infrastructure management and protection.

g. The Ministry of Labor, Invalids and Social Affairs shall draft documents on administrative penalties in the field of labor safety.

h. The Ministry of Culture and Information shall draft documents on administrative penalties in the field of cultural information.

i. The Ministry of Defense shall draft documents on administrative penalties in the field of national defense.

k. The Government Price Control Board shall draft documents on administrative penalties in the field of price management.

In addition to the above fields, other ministries and sectors shall draft regulations on administrative penalties within their respective jurisdictions based on the needs of state management, for submission to the Government for examination and issuance.

6. As of August 1, 1995, the People's Councils of provinces and centrally governed cities shall not issue new documents on administrative offenses penalties. Previous legal documents on administrative offenses penalties issued by the People's Councils of provinces and centrally governed cities prior to this date regarding issues for which the Government has not yet issued regulations, if they do not contravene the new Administrative Offenses Handling Ordinance, shall continue to be implemented until the Government issues regulations on those issues.

At the same time, the People's Councils, People's Committees of provinces and centrally governed cities shall base their requests to the Government for consideration and issuance of regulations on administrative offenses penalties applicable in their localities on practical circumstances and management requirements at the local level.

7. The Ministry of Justice assists the Government in urging, inspecting, and coordinating with relevant ministries and sectors in drafting legal documents on administrative offenses penalties.

The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairpersons of People's Committees of provinces and centrally governed cities are responsible for strictly organizing and directing the implementation of this directive and reporting periodically every three months to the Prime Minister on the results of its implementation.