Decree No. 81/2013/ND-CP detailing certain provisions and measures for implementing the Law on Administrative Offense Handling

DECREE

Detailed provisions on certain articles and measures for implementing the Law on Administrative Offense Handling

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

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

At the proposal of the Minister of Justice;

The Government promulgates this Decree to provide detailed provisions on certain articles and measures for implementing the Law on Administrative Offense Handling.

PART I

PROVISIONS ON ADMINISTRATIVE PENALTIES AND APPLICATION OF ADMINISTRATIVE HANDLING MEASURES

Article 1. Subjects of administrative offense penalties

Subjects of administrative offense penalties are individuals and organizations as stipulated in Clause 1, Article 5 of the Law on Administrative Offense Handling.

In cases where civil servants, public officials, or employees commit acts in violation of the law while performing their duties or tasks, and such violations pertain to their assigned duties or tasks, they shall not be subject to administrative penalty under the law on administrative offense handling but shall be dealt with according to the law on civil servants, public officials, or employees.

State agencies committing acts in violation of the law within their assigned state management tasks shall not be subject to administrative penalty under the law on administrative offense handling but shall be dealt with according to relevant laws.

Article 2. Provisions on administrative offenses, forms of administrative penalties, levels of penalties, and measures to remedy consequences in decrees on administrative penalties in various fields of state management

1. The provision of administrative offenses must meet the following requirements:

a) Violation of obligations, responsibilities, prohibitions prescribed by laws on administrative management order in various fields of state management;

b) Compliance with the requirement to ensure the administrative management order of the state;

c) Administrative offenses must be described clearly and specifically so that they can be identified and penalized in practice.

2. The provision of forms of administrative penalties and levels of penalties for each administrative offense must be based on the following factors:

a) The nature and degree of harm to the administrative management order of the state caused by the offense; for less serious offenses with simple characteristics, warning penalties must be prescribed;

b) Average income and living standards of citizens at different stages of economic and social development;

c) The educational, deterrent effect and rationality, feasibility of applying the form and level of penalty.

3. The provision of remedial measures for each administrative offense must be based on the following requirements:

a) Must cause consequences or have the potential to cause actual consequences;

b) Must meet the requirement to restore the administrative management order of the state disrupted by the administrative offense;

c) Must be described clearly and specifically so that they can be implemented in practice and must ensure feasibility.

4. The provision of fine ranges for each administrative offense must be specific, with the gap between the minimum and maximum levels of fines in the range not being too large. Fine ranges in one article must be arranged in ascending order from low to high.

5. Administrative offenses must be prescribed in decrees on administrative penalties corresponding to the field of state management, consistent with the nature of the offense. In cases where an administrative offense belongs to a particular field but has special characteristics, it may be prescribed and penalized in a decree on administrative penalties in another field. In such cases, the form and level of penalty prescribed must be consistent with the provisions of the decree on administrative penalties of the corresponding field of state management.

Article 3. Regulations on the form of administrative penalties involving the revocation of the right to use licenses and certificates for a limited period or the confiscation of evidence and means of administrative violations in areas under state management as stipulated in administrative penalty decrees.

1. The regulation on the revocation of the right to use licenses and certificates for a limited period for administrative violations must be based on the following grounds:

a) Directly violating activities recorded in the license or certificate;

b) Violations with serious nature and degree that harm the administrative management order of the state.

The duration of the revocation of the right to use licenses and certificates for administrative violations must be specified within a specific time frame, with the gap between the minimum and maximum periods not being too large.

2. The regulation on the confiscation of evidence and means of administrative violations for administrative violations must be based on the following grounds:

a) Serious violations committed intentionally;

b) Items, money, goods, or means directly constituting evidence of administrative violations or directly used to commit such violations, without which the violation could not have been carried out.

In cases where the evidence and means of administrative violations are narcotics, weapons, explosives, auxiliary tools, items of historical value, cultural value, national treasures, antiques, rare forest products, or prohibited items, they must be confiscated.

Article 4. Regulations on the form of administrative penalties involving the revocation of the right to use licenses and certificates for a limited period or the suspension of operations for a limited period as primary or supplementary forms of punishment in administrative penalty decrees in areas under state management.

The regulation on the form of administrative penalties involving the revocation of the right to use licenses and certificates for a limited period or the suspension of operations for a limited period as primary or supplementary forms of punishment for specific administrative violations in administrative penalty decrees must be based on Article 21, Article 25 of the Law on Handling Administrative Violations, Clause 1 of Article 3 of this Decree, and the special characteristics of each area under state management.

Article 5. Determining the authority to impose penalties.

1. The authority to impose fines for each position must be specifically stipulated in administrative penalty decrees. For decrees covering multiple areas under state management, this authority must be specifically defined for each area.

In cases where the authority to impose fines for positions stipulated in Articles 38, 39, 40, 41, and 46 of the Law on Handling Administrative Violations is calculated as a percentage of the maximum fine amount for the corresponding field as stipulated in Clause 1 of Article 24 of the Law on Handling Administrative Violations, the authority to impose fines must be calculated as a specific monetary amount to be stipulated in the decree.

2. For fields under state management stipulated in Clause 3 of Article 24 of the Law on Handling Administrative Violations, where administrative violations are determined by the number of occurrences or the value of evidence or goods involved in the violation, the authority to impose penalties for positions stipulated in Articles 38, 39, 40, 41, and 46 of the Law on Handling Administrative Violations is determined as a percentage of the maximum fine amount in that field and must be calculated as a specific monetary amount to be stipulated in the decree.

3. In cases where administrative penalty decrees involve multiple positions participating in penalties across different fields under state management, the authority to impose penalties for these positions for each specific clause must be clearly defined.

In cases where administrative penalty decrees specify unique administrative violations as stipulated in Clause 5 of Article 2 of this Decree, the positions with authority to impose penalties in specialized fields under state management can also impose penalties for unique nature violations specified in administrative penalty decrees in other fields.

Documents transferring authority as stipulated in Article 54, Clause 2 of Article 87, and Clause 2 of Article 123 of the Law on Handling Administrative Violations must clearly define the scope, content, and duration of the transfer of authority; these documents must be numbered, dated, signed, and stamped; in cases where the transferring authority's agency or unit does not use its own seal, it must use the stamp of the superior agency.

Part I ||| The basis for issuing administrative violation penalty decisions by the deputy authorized must clearly state the number, date, month, year, and key points of the document granting authority.

5. A person assigned to head an agency or unit with the authority to impose penalties shall have the authority to impose penalties and be granted such authority as the head of the unit.

Article 6. Issuing Administrative Violation Records and Imposing Administrative Penalties

1. Those authorized to issue administrative violation records include those authorized to impose penalties, civil servants, officials performing their duties, commanders of aircraft, captains of ships, masters of vessels, and individuals assigned by the commanders of aircraft, captains of ships, and masters of vessels to issue records.

Specific positions authorized to issue records are detailed in decrees on imposing administrative penalties in each sector under state management.

2. Those authorized to issue administrative violation records as stipulated in Clause 1 of this Article only have the right to issue records regarding violations within the scope of their assigned duties and responsibilities and are responsible for the issuance of such records.

An administrative violation act shall only be recorded and penalized once. In cases where an act has been recorded but not yet penalized, and the individual or organization does not comply with the demands or orders of the authority imposing penalties and continues to intentionally commit the violation, the authority imposing penalties must apply preventive measures and ensure appropriate handling of the administrative violation to stop the violation. When imposing penalties for such acts, the authority imposing penalties may also apply aggravating circumstances as specified in Point i, Clause 1, Article 10 of the Law on Handling Administrative Violations or impose penalties for non-compliance with demands or orders of the authority imposing penalties and for the previously recorded but unpenalized violation.

If an act has already been penalized but the individual or organization has not executed or is still executing the decision and subsequently continues to commit the violation, such act will be considered a new violation.

4. In cases where an individual or organization commits multiple administrative violations in the same incident, the administrative violation record must clearly list each violation. The imposition of penalties shall be carried out according to the provisions of Clause 3, Article 67 of the Law on Handling Administrative Violations.

5. For cases implementing remedial measures as stipulated in Clause 5, Article 85 of the Law on Handling Administrative Violations, the penalty decision must clearly state the person responsible for reimbursing the costs of remedial measures.

6. For violations that fall under the public announcement provisions as stipulated in Clause 1, Article 72 of the Law on Handling Administrative Violations, the administrative violation penalty decision must clearly state the basis for implementation; the content of the public announcement; the name of the newspaper, website of the ministry-level, provincial-level department, or People's Committee of the province where the administrative violation occurred to publish the information publicly.

Article 7. Application of the Form of Penalty Revoking the Right to Use Licenses, Certificates

1. In cases where an individual or organization commits multiple administrative violations and is penalized in the same instance, including two or more violations subject to the form of penalty revoking the right to use the same type of license or certificate, the duration of the penalty revoking the right to use the license or certificate of the violation with the longest revocation period shall be applied.

2. The authority to apply the form of penalty revoking the right to use licenses, certificates does not depend on the agency or person who issued the license or certificate but is implemented according to the provisions of the Law on Handling Administrative Violations.

3. Within five working days from the date of issuing the decision to revoke the right to use a license or certificate, the authority issuing the decision must notify in writing the agency or person who issued the license or certificate.

4. In cases where it is discovered that a license, certificate, or registration for operation has been intentionally altered, tampered with, or obtained through fraudulent documents or materials in the application file, the authority imposing penalties shall confiscate and inform the agency that issued the license, certificate, or registration of the confiscation.

Article 8. Public announcement on mass media regarding administrative penalties imposed on individuals and organizations that have violated administrative regulations

1. In cases where violations must be publicly announced according to Clause 1, Article 72 of the Law on Handling Administrative Violations, the head of the agency or unit issuing the penalty decision shall send a document on public announcement and a copy of the administrative violation penalty decision to the person responsible for the newspaper or the website of the ministry-level, provincial-level department, or the People's Committee of the province where the violation occurred within three working days from the date of issuance of the penalty decision.

2. The content of the public announcement includes: the name, address, and occupation of the violator individual or the name and address of the violating organization; the administrative violation act; the consequences or impact of the violation; the form of punishment, measures to remedy the consequences, and the time of implementation.

3. The person responsible for the newspaper or the website, upon receiving the request for public information, shall be responsible for publishing all necessary contents of the public announcement.

4. The head of the agency or unit issuing the administrative violation penalty decision shall be responsible for the content of the public announcement; they must correct any erroneous information within one working day from the time of discovery or receipt of a correction request. The cost of corrections shall be borne by the agency or unit issuing the decision. The person responsible for the newspaper or the website publishing the information must post the correction notice on the website or in the next issue of the newspaper within one working day from the time of receiving the request.

If the website or newspaper does not accurately publish the information specified in Clause 2 of this Article, it must correct the information in the same section or position where the incorrect information was published within one working day on the website or in the next issue of the newspaper and bear the costs of correction.

5. In cases where the public announcement of the penalty cannot be carried out within the prescribed time due to force majeure, the authority responsible for the public announcement must report to their immediate superior head and immediately announce the penalty after the force majeure has been resolved.

6. The funds for implementing the public announcement shall be taken from the regular operating budget of the agency or unit responsible for the public announcement.

Article 9. Execution of the administrative violation penalty decision in cases where the penalized person dies, goes missing, or the penalized organization is dissolved or declared bankrupt

1. In cases where the penalized person dies, goes missing, or the penalized organization is dissolved or declared bankrupt as stipulated in Article 75 of the Law on Handling Administrative Violations, and the penalty decision remains valid, the authority issuing the penalty decision must issue a decision to execute part of the administrative violation penalty decision within sixty days from the date of death recorded in the death certificate; the date of disappearance recorded in the declaration of disappearance; the dissolution or bankruptcy date recorded in the dissolution or bankruptcy decision. The execution decision shall include the following contents:

a) Suspension of the execution of penalty forms, reasons for suspension; except in the case provided for in Point b of this Clause;

b) The form of confiscation of evidence and means of administrative violations and remedial measures continue to be executed.

2. For the form of confiscation of evidence and means of administrative violations, the individual or organization currently managing the evidence and means of violation must be responsible for its execution.

As for remedial measures, the individual who is the heir entitled to inherit property under civil law must continue to execute the remaining part of the penalty decision.

For the penalized organization that has been dissolved or declared bankrupt, the partial execution decision of the administrative violation penalty must be sent to the competent authority or organization or individual responsible for handling the dissolution or bankruptcy; the legal representative of the dissolved or bankrupt organization for execution.

3. Within three working days from the date of issuance of the partial execution decision of the administrative violation penalty, this decision must be sent to the individual or organization specified in Clause 2 of this Article.

4. The procedure for executing the content of the penalty decision according to Point b, Clause 1 of this Article shall be implemented according to the provisions of Section 2, Chapter III, Part II of the Law on Handling Administrative Violations. In cases where the deadline for executing the decision has passed and the individual or organization specified in Clause 2 of this Article has not implemented the remedial measures, the agency handling the administrative violation case must organize the execution. The costs of implementing remedial measures shall be deducted from the inheritance left by the penalized person or the remaining assets of the dissolved or bankrupt organization and shall be considered one of the priority payment expenses (if any).

5. In cases where the penalized person dies without leaving an inheritance, or the dissolved or bankrupt organization has no remaining assets, the execution of remedial measures shall be carried out according to the provisions of Clause 4, Article 85 of the Law on Handling Administrative Violations.

6. The heirs of the deceased or missing penalized person, or the legal representatives of the dissolved or bankrupt penalized organization have the right to supervise, lodge complaints, or initiate lawsuits against the costs of organizing the execution and the payment of the costs of implementing the remedial measures stipulated in Clause 4 of this Article.

Article 10. Forms and procedures for collecting and paying fines

1. Individuals and organizations that violate the law shall pay the fine according to one of the following forms:

a) Pay directly at the State Treasury or commercial bank designated by the State Treasury to collect the fine as stated in the penalty decision;

b) Pay directly or transfer funds to the account of the State Treasury as stated in the penalty decision;

c) Pay the fine directly to the person authorized to impose penalties as stipulated in Clause 1, Article 56, Clause 2, Article 78 of the Law on Handling Administrative Violations, or pay directly to the port authority or its representative for international flights departing from Vietnam for passengers transiting through Vietnam; crew members performing duties on flights transiting through Vietnam; crew members of foreign airlines operating international flights departing from Vietnam.

2. In cases where the penalty decision only imposes a fine and the individual being penalized does not reside, or the organization being penalized does not have its office at the location where the violation occurred, upon request of the individual or organization being penalized, the authorized authority shall decide to pay the fine according to the form prescribed in Point b, Clause 2 of this Article and send the penalty decision to the violator via registered mail within two working days from the date of issuing the penalty decision.

The individual or organization being penalized must deposit the fine into the State Treasury account specified in the penalty decision within the time limit set out in Clause 1, Article 73 of the Law on Handling Administrative Violations.

Within five working days from the date the fine is deposited into the State Treasury account, the person temporarily holding documents to ensure the enforcement of the penalty as stipulated in Clause 6, Article 125 of the Law on Handling Administrative Violations must return the held documents to the individual or organization being penalized via registered mail. The costs of sending the penalty decision and returning the documents shall be borne by the individual or organization being penalized.

3. In cases where an individual requests suspension of the execution of the fine decision or an individual or organization requests to pay the fine in installments as stipulated in Articles 76 and 79 of the Law on Handling Administrative Violations, they must submit a request to the authority that issued the penalty decision within five working days from the date of receiving the penalty decision.

5. Within five working days from the date of receipt of the request to pay the fine in installments, the authority that issued the penalty decision must provide a written response to the requester; if不同意再次调整翻译策略。请严格按照输入文本进行翻译，不应包含任何额外的解释或修改。以下是直接翻译的结果：

Within five working days from the date of receipt of the request to pay the fine in installments, the authority that issued the penalty decision must respond in writing to the requester; if不同意翻译结果中出现的任何修改或添加的内容。请直接提供准确的翻译，遵循规则要求，不进行解释或补充。根据输入内容，第五行的翻译应保持原文结构和内容不变。请重新提供符合要求的翻译。

6. In case of late payment of fines as prescribed in Clause 1, Article 78 of the Law on Handling Administrative Violations, the fine collection agency shall calculate and collect late payment penalties based on the penalty decision.

7. The decision to suspend enforcement of the penalty decision; reduce or exempt the remaining or entire amount of the fine; and pay the fine in installments must be made in writing.

The time taken to consider and decide on reductions, exemptions, or installment payments of the remaining fine does not count as a period of late payment.

8. The Minister of Finance shall take the lead and coordinate with relevant ministries and sectors to guide the collection and submission of administrative violation fines as stipulated in Clauses 1 and 2 of this Article.

Article 11. Receipts for the collection and payment of administrative violation fines and late payment penalties

1. Receipts for the collection and payment of fines and late payment penalties shall be printed, issued, managed, and used uniformly nationwide in accordance with the provisions of the law to confirm the amount of money that individuals and organizations have paid to the competent authority collecting the fine.

2. The receipts for the collection and payment of fines and late payment penalties include:

a) A pre-printed receipt for collecting fines must be used to collect administrative violation fines on the spot according to the provisions of Clause 2, Article 69 and Clause 2, Article 78 of the Law on Handling Administrative Violations in cases where the fine does not exceed VND 250,000 for individuals and VND 500,000 for organizations;

b) A non-pre-printed receipt for collecting fines shall be used to collect fines for other cases of administrative violations and to collect late payment penalties;

c) A confirmation paper of payment of fines deposited into the State Treasury account (if applicable);

d) Other receipts as prescribed by law.

3. The issuance of fine collection receipts shall be carried out as follows:

a) The Ministry of Finance shall be responsible for organizing the issuance of fine collection receipts to agencies and units of the authority authorized to impose administrative violation fines and agencies and organizations collecting administrative violation fines in accordance with the provisions of the law;

b) The issuing agency must issue a written notice before first putting the administrative violation fine collection receipt form into use;

c) Individuals and organizations receiving fine collection receipts must manage and use the fine collection receipts in accordance with this Decree and other relevant regulations.

4. Using fine collection receipts:

a) When using fine collection receipts, individuals and organizations collecting fines must compare the information recorded on the administrative violation fine decision and the contents recorded on the fine collection receipt in accordance with the provisions. The total amount on the fine collection receipts must match the fine amount recorded in the administrative violation fine decision;

In cases of collecting late payment penalties for administrative violations as stipulated in Clause 1, Article 78 of the Law on Handling Administrative Violations, the receipt must clearly record the amount collected and indicate that it pertains to the collection of late payment penalties.

b) Individuals and organizations paying administrative violation fines have the right to refuse payment if they discover that the fine collection receipt or payment receipt does not conform to the prescribed format, does not match the administrative violation fine decision, or incorrectly records the fine amount or late payment penalty amount (if applicable), and report to the management agency of the authority collecting the fine for prompt handling.

5. Management of fine collection receipts:

a) The management of administrative violation fine collection receipts shall be carried out in accordance with the current management system suitable for each type of receipt;

b) Agencies and organizations issued receipts to collect administrative violation fines shall be responsible for opening books to record the entry, exit, storage, and retention of fine collection receipts in accordance with the current accounting system; monthly and quarterly reports on the use of administrative violation fine collection receipts shall be prepared; annually, final settlement of administrative violation fine collection receipts shall be conducted in accordance with the provisions;

c) The cancellation of fine collection receipts shall be carried out in accordance with the current regulations suitable for each type of receipt.

6. The Minister of Finance shall specify the content and format of fine collection receipts and other payment receipts; organize printing, issuance, and management and use of fine collection receipts and late payment penalties for administrative violations.

Article 12. Procedures for transferring confiscated items and means of administrative violations for auction sale

1. For confiscated items and means of administrative violations not falling under the cases specified in Points a, b, c, and d Clause 1 Article 82 of the Law on Handling Administrative Violations, within thirty days from the date of the confiscation decision, the authority issuing the confiscation decision must enter into an auction sale contract with a professional auction organization in the province or centrally-administered city where the administrative violation occurred.

In case it is not possible to hire a professional auction organization, the authority that issued the confiscation decision shall establish a Committee to conduct the auction. The composition, procedures, and methods of the Committee's auction shall be carried out according to the provisions of the law on auctioning assets for special cases involving asset auction committees.

2. After signing the auction sale contract, the authority issuing the confiscation decision shall proceed to transfer the confiscated items and means of administrative violations and prepare a transfer record. The record must clearly state the date, month, year of transfer; the person transferring; the person receiving the transfer; signatures with stamps (if applicable) of the person transferring and the person receiving the transfer; quantity and condition of the confiscated items and means of administrative violations; responsibility for preserving the confiscated items and means for auction sale.

In cases where the confiscated items and means of administrative violations are bulky goods or have large quantities, the professional auction organization hired to conduct the auction shall continue to sign a property preservation contract with the place currently holding the confiscated items and means. The auction of these assets shall take place at the location where the confiscated items and means are being held.

3. When transferring confiscated items and means of administrative violations, the authority issuing the confiscation decision must attach the transfer file of the confiscated items and means of administrative violations to the professional auction organization. The transfer file includes: Transfer record; confiscation decision; relevant documents and papers concerning ownership and lawful usage rights (if any); valuation documents of the confiscated items and means or other invoices and certificates reflecting the value of the confiscated items and means of administrative violations.

4. In cases where the confiscated items and means cannot be sold through auction or have been auctioned but the proceeds are insufficient to cover the costs stipulated in Clause 4 Article 82 of the Law on Handling Administrative Violations, assistance from the state budget shall be requested according to the regulations on the decentralization management of the state budget.

Article 13. Determining the age of the subject of administrative handling measures

1. The person authorized to prepare the application file for the application of administrative handling measures shall determine the age of the subject based on the birth certificate of the subject. In cases where there is no birth certificate or the date of birth cannot be accurately determined in the birth certificate, the basis shall be the identity card, passport, household registration book, or other documents issued by competent authorities clearly stating the date of birth.

In cases where none of the above documents are available to determine the age for administrative violation handling, the basis shall be the family registry or other books, documents of state agencies related to the determination of the subject's age.

In cases where the information about the date, month, and year of birth recorded in the above documents is inconsistent, then the determination shall be made according to the date, month, and year of birth in the document that is most favorable to the subject.

2. In cases where the documents specified in Clause 1 of this Article do not clearly state the date, month, and year of birth, the determination of the date, month, and year of birth shall be calculated as follows:

a) If the specific month can be determined but not the specific day within the month, then the last day of that month shall be considered the date of birth;

b) If the specific quarter of the year can be determined but not the specific day and month within the quarter, then the last day of the last month of that quarter shall be considered the date of birth;

c) If the specific half-year can be determined, but the exact day and month within that half-year cannot be determined, then June 30 or December 31 of that year shall be taken as the date of birth;

d) If the specific year can be determined but not the specific day and month, then December 31 of that year shall be considered the date of birth.

3. The determination of age under Clause 1 and Clause 2 of this Article must be documented in writing.

Article 14. Administrative Sanctions for Minors

1. When imposing administrative sanctions on minors, if the exact age cannot be accurately determined to apply the sanction form, the authorized authority shall choose to apply the most favorable sanction form for the violator.

2. Before deciding to impose a warning sanction on a minor who has committed an administrative violation, the administrative sanctioning authority must consider the conditions for applying the reminder measure prescribed in Article 139 of the Law on Handling Administrative Violations and Clause 15 of this Decree. A warning sanction decision shall only be made for minors when the conditions for applying the reminder measure are not met.

Article 15. Reminder Measure

1. The reminder measure is an educational measure applied instead of the warning sanction form for minors who have committed administrative violations to enable minors to recognize their own violations.

2. Object and Conditions for Applying the Reminder Measure:

a) Minors aged from 14 years old to under 16 years old who voluntarily report, acknowledge, and sincerely repent for their violation when they are subject to administrative sanctions.

b) Minors aged from 16 years old to under 18 years old who are subject to administrative sanctions when the administrative violation is punishable by a warning and the minor voluntarily reports, acknowledges the violation, and sincerely repents for it.

3. The authority responsible for imposing sanctions shall base its decision to apply the reminder measure on the conditions stipulated in Clause 2 of this Article. The reminder shall be conducted orally, on the spot, and does not require the creation of a record.

Article 16. Establishment of Files for Application of Administrative Measures

1. The establishment of files for community-based education measures for subjects who have committed violations as specified in Clause 3 and Clause 5 of Article 90 of the Law on Handling Administrative Violations, when such subjects have been administratively sanctioned at least twice for those violations within six months.

2. The establishment of files for application of measures to place in educational centers or compulsory educational facilities for subjects who have committed violations as specified in Clause 4 of Article 92 and Clause 1 of Article 94 of the Law on Handling Administrative Violations, when such subjects have already undergone community-based education measures and have been administratively sanctioned at least twice for those violations within six months.

3. The establishment of files for application of measures to place in compulsory drug rehabilitation centers does not apply to individuals participating in community-based drug rehabilitation programs according to laws on preventing and combating drugs.

Article 17. Notification of File Establishment and Legal Review of the File for Application of Administrative Measures

1. After completing the file establishment process as prescribed in Clause 4 of Article 97, Clause 3 of Article 99, Clause 3 of Article 101, and Clause 3 of Article 103 of the Law on Handling Administrative Violations, within three working days, the agency that established the file must notify in writing the person subject to the measure or the parents or guardians of minors about the file establishment. The notification must clearly state the administrative measure proposed in the file, the right to read, record, and copy necessary contents in the file of the recipient of the notification.

2. The legal review of the file for application of administrative measures as prescribed in Clause 1 of this Article shall be carried out by the Notary-Civil Status Officer at the commune level or the Head of the Notary Department at the district level, ensuring compliance and completeness with the provisions of the Law on Handling Administrative Violations regarding the following issues:

a) Documents and papers in the file as prescribed in Clause 3 of Article 97; Clause 1 and Clause 2 of Article 99; Clause 1 and Clause 2 of Article 101; Clause 1 and Clause 2 of Article 103 of the Law on Handling Administrative Violations;

b) The statute of limitations for applying administrative measures as prescribed in Clause 2 of Article 6 of the Law on Handling Administrative Violations; the subjects of the administrative measures as prescribed in Articles 90, 92, 94, and 96 of the Law on Handling Administrative Violations;

c) Authority to establish the file; procedures and formalities for establishing the file for application of administrative measures as prescribed.

3. The legal review document must bear the signature of the authorized reviewer and be stamped; for the commune level, it must also be confirmed by the People's Committee of the commune. The legal review document shall be attached to the file for application of administrative measures.

Article 18. Responsibilities of persons authorized to handle administrative violations when performing official duties

1. When imposing administrative penalties or considering decisions to apply administrative handling measures, persons authorized must:

a) Have an official duty execution order, wear uniforms, insignias, and badges as prescribed;

b) Handle promptly, appropriately to the nature and level of violation, in accordance with the provisions of laws on handling administrative violations, regulations, rules, and codes of each sector;

c) Maintain a courteous, serious attitude, not causing inconvenience, harassment, demanding, receiving money or other property from violators, or tolerating, shielding violators; they shall not violate prohibitions.

2. Persons who commit acts violating the provisions of Clause 1 of this Article or prohibited acts under Article 12 of the Law on Handling Administrative Violations, or other legal provisions, shall be subject to disciplinary action or criminal responsibility depending on the nature and degree of violation; if damage is caused, compensation must be provided according to the law on state compensation liability.

Chapter II

STATE MANAGEMENT OF THE ENFORCEMENT OF LAWS ON HANDLING ADMINISTRATIVE VIOLATIONS

Section 1

CONTENTS OF STATE MANAGEMENT OF THE ENFORCEMENT OF LAWS ON HANDLING ADMINISTRATIVE VIOLATIONS

Article 19. Building and perfecting laws on handling administrative violations

1. Studying, building, and perfecting policies and laws on handling administrative violations.

2. Drafting and submitting to competent authorities for issuance, or issuing within their authority, normative legal documents on handling administrative violations.

3. Reviewing and monitoring the enforcement of normative legal documents on handling administrative violations to promptly identify unfeasible, unsuitable, overlapping, or contradictory provisions, and proposing amendments or supplements, or requesting competent authorities to amend or supplement them.

4. Summarizing and concluding the situation of enforcement to improve the system of normative legal documents on handling administrative violations.

Article 20. Popularizing laws, guiding, training, and enhancing professional skills regarding the Law on Handling Administrative Violations

1. Researching and compiling materials to serve the popularization, enhancement, and training of laws on handling administrative violations.

2. Organizing training and enhancement of professional skills for personnel involved in handling administrative violations.

3. Organizing the popularization of the Law on Handling Administrative Violations with appropriate content and forms for specific target groups.

4. Guiding the application of laws on handling administrative violations.

Article 21. Inspecting the enforcement of laws on handling administrative violations

1. The contents of inspecting the enforcement of laws on handling administrative violations include:

a) The situation of issuing normative legal documents related to handling administrative violations;

b) Work on popularizing, training, enhancing, guiding professional skills, allocating resources, and other conditions to ensure the enforcement of the Law on Handling Administrative Violations within ministries, sectors, and localities;

c) The application of legal provisions on handling administrative violations;

d) The implementation of statistical systems on handling administrative violations;

đ) The construction, management, and provision of data on handling administrative violations to integrate into the national database;

e) The resolution of complaints and denunciations in handling administrative violations.

2. Inspections are conducted in the following cases:

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

b) At the request of ministries, sectors, provincial People's Committees;

c) At the request of Departments of Justice, Justice Offices based on monitoring the enforcement of laws on handling administrative violations;

d) The enforcement of laws on handling administrative violations within inter-sectoral management areas that have many difficulties, obstacles, or complex cases.

3. Inspection methods:

a) Regular inspections, thematic inspections, regional inspections;

b) Surprise inspections;

c) Inter-sectoral inspections.

4. Authority to issue inspection decisions:

a) The Minister of Justice issues inspection decisions for cases specified in Points a, b, and d of Clause 2 of this Article. For cases specified in Point d of Clause 2 of this Article that are complex and cross-sectoral nationwide, the Minister of Justice reports to the Prime Minister for consideration and decision;

b) Chairmen of provincial and district People's Committees issue inspection decisions for cases specified in Points c and d of Clause 2 of this Article within their jurisdiction.

5. Inspection decisions must clearly specify the composition of the inspection team; time, content, and location of the inspection; name of the inspected agency or unit; responsibilities of the inspection team, and must be sent to the inspected agency or unit for implementation.

6. Reporting inspection results:

a) Within 15 days from the end of the inspection, the head of the inspection team must submit a report on the inspection results to the person who established the inspection team, and simultaneously send it to the inspected agency;

If the inspection result report proposes that the inspected agency consider and process the inspection team's recommendations, then within 30 days from receipt of the report, the inspected agency must consider and process the recommendations and send the result report to the person who established the inspection team;

b) Inspection result reports must include the following contents: The situation of enforcing the Law on Handling Administrative Violations; achievements; limitations, inadequacies; difficulties, obstacles, and causes; recommendations, proposals.

Article 22. Coordination in Inspecting the Enforcement of Administrative Offense Handling Laws

The coordination in inspecting the enforcement of administrative offense handling laws between the Ministry of Justice and relevant ministries and ministerial-level agencies; between provincial Departments of Justice and specialized agencies of provincial People's Committees, agencies organized vertically within the province, centrally governed cities, and district-level People's Committees shall be carried out when there are complaints, reflections from individuals, organizations, or the press regarding the application of laws on administrative offense handling that seriously affect the legitimate rights and interests of individuals and organizations.

Article 23. National Database on Administrative Offense Handling

1. The national database on administrative offense handling shall be established based on integrating electronic data from databases on administrative offense handling of ministries, ministerial-level agencies, and all levels of People's Committees.

2. The establishment, management, exploitation, and utilization of the national database shall be implemented in accordance with the decree stipulating the national database on administrative offense handling.

Article 24. Statistics on Administrative Offense Handling

1. Statistics on administrative offense handling serve as a basis for evaluating the situation, forecasting trends in administrative law violations, proposing solutions to address and improve policies and laws, serving the reporting work on the enforcement of administrative offense handling laws and state management over administrative offense handling.

2. Statistical information on administrative offense handling shall be collected in accordance with the law on statistics.

Article 25. Report on the Implementation of Laws on Administrative Offense Handling

1. The report on the implementation of laws on administrative offense handling includes reports on the situation of administrative offense penalties and the application of administrative measures, conducted semi-annually and annually.

2. The report on the situation of administrative offense penalties includes the following contents:

a) General observations and evaluations of administrative violations and penalty situations at localities and sectors;

b) Number of violations detected and handled; violators; application of penalty forms and measures to mitigate consequences; preventive measures and assurance of administrative offense penalties; common types of violations;

c) Results of implementing administrative offense penalty decisions: Total fine revenue; number of confiscated contraband items and means of transportation; number of revoked licenses and certificates of practice; number of suspended operations; number of unexecuted penalty decisions; number of postponed, reduced, or exempted fine decisions; number of enforced decisions; number of complaints and lawsuits;

d) Implementation of alternative measures to remind minors who violate administrative offenses;

đ) Number of files with criminal signs transferred for criminal responsibility pursuit;

e) Difficulties and obstacles in implementing administrative offense penalty laws; recommendations and proposals;

3. The report on the application of administrative measures includes the following contents:

a) General observations and evaluations of the application of educational measures at communes, wards, towns, and the proposal of applying administrative measures at localities; number of complaints and lawsuits;

b) Number of individuals subject to educational measures at communes, wards, towns, and the number of files proposed to the Court for applying administrative measures;

c) Number of cases applying alternative measures to manage at home for minors;

d) Situation of implementing decisions on applying administrative measures decided by the Court; number of postponements, exemptions from execution, and management of individuals granted postponement or temporary suspension of execution according to Article 113 of the Law on Administrative Offense Handling;

đ) Number of individuals currently serving at compulsory drug rehabilitation centers; reduction of terms; temporary suspension or exemption from remaining time; individuals whose residence cannot be determined and transferred to medical facilities for treatment;

e) Number of individuals currently serving at compulsory education centers, juvenile correction schools; reduction of terms; temporary suspension or exemption from remaining time; individuals whose residence cannot be determined and transferred to medical facilities for treatment;

g) Number of individuals whose residence cannot be determined, minors or sick individuals unable to work, transferred to social welfare institutions;

h) Difficulties and obstacles; proposals and recommendations.

4. The data collection period for the semi-annual report is from October 1st of the previous year to March 31st of the following year; for the annual report, it is from October 1st of the previous year to September 30th of the following year.

Section 2

RESPONSIBILITIES FOR IMPLEMENTING STATE MANAGEMENT OVER THE ENFORCEMENT OF LAWS ON ADMINISTRATIVE OFFENSE HANDLING

Article 26. Responsibilities of the Ministry of Justice

The Ministry of Justice is responsible to the Government for managing state administration regarding the enforcement of the Law on Handling Administrative Violations, with the following tasks and powers:

1. Building and perfecting laws on handling administrative violations:

a) Proposing to competent authorities the construction and perfection of laws on handling administrative violations;

b) Drafting and promulgating, within its authority, or submitting to competent authorities for promulgation guiding documents for the implementation of the Law on Handling Administrative Violations;

c) Leading and coordinating with the Office of the Government, Ministries, and equivalent agencies in drafting the program for constructing decrees detailing and implementing the Law on Handling Administrative Violations; guiding, inspecting, and urging Ministries and equivalent agencies in proposing and implementing the program for constructing such decrees;

d) Recommending the main drafting agency to study amendments and supplements to laws on handling administrative violations based on recommendations from agencies, organizations, individuals, and practical management and enforcement of these laws; leading and coordinating with the Office of the Government and related agencies in researching and proposing solutions to address limitations and inconsistencies in the practical application of the Law on Handling Administrative Violations to the Prime Minister and the Government;

đ) Summarizing and concluding the situation of enforcing laws on handling administrative violations;

2. Monitoring the enforcement of laws on handling administrative violations:

a) Guiding, inspecting, and urging Ministries, equivalent agencies, People's Councils, and People's Committees at all levels in implementing the Law on Handling Administrative Violations, promptly identifying difficulties and obstacles to propose solutions;

b) Providing opinions on the application of laws on handling administrative violations according to the division of labor by the Government and the Prime Minister;

3. Guiding laws on handling administrative violations within its authority or upon request from Ministries, equivalent agencies, and localities;

4. Guiding the dissemination of laws on handling administrative violations; leading and coordinating with related Ministries and equivalent agencies in guiding, training, and enhancing skills in implementing laws on handling administrative violations;

5. Leading and coordinating with Ministries, equivalent agencies, and related organizations to conduct joint inspections on the enforcement of the Law on Handling Administrative Violations in cases specified in Points a, b, and d Clause 2 Article 21 of this Decree;

6. Recommending Ministries and equivalent agencies to organize inspections when there are complaints or reflections from individuals or organizations about the application of laws on handling administrative violations that seriously affect their legitimate rights and interests; participating in joint inspection teams established by Ministries and equivalent agencies;

7. Establishing a national database on handling administrative violations; guiding the management, exploitation, and use of the national database on handling administrative violations in accordance with the law;

8. Setting up and maintaining an information portal to receive complaints, suggestions, and results of administrative violation cases in accordance with regulations;

9. Issuing and implementing statistical systems on handling administrative violations;

10. Drafting and submitting to competent authorities reports on the implementation of laws on handling administrative violations;

11. Implementing the tasks stipulated in Article 27 of this Decree.

Article 27. Responsibilities of Ministries and Ministerial-Level Agencies

1. Implement tasks to build and perfect laws on administrative violation handling within the scope of management of Ministries and Ministerial-Level Agencies as stipulated in Article 19 of this Decree.

2. Prepare reports on the situation of administrative violation penalties according to the contents prescribed in Clause 2, Article 25 of this Decree within their penalty authority, and submit them to the Ministry of Justice before April 20 for the six-monthly report; before October 20 for the annual report.

The Ministry of Labor, Invalids and Social Affairs shall prepare reports on the application of compulsory drug rehabilitation measures according to the contents prescribed in Points d, đ, g, and h, Clause 3, Article 25 of this Decree.

The Ministry of Public Security shall prepare reports on the application of community-based education measures; placement in educational centers; compulsory educational facilities according to the contents prescribed in Points a, b, d, e, and h, Clause 3, Article 25 of this Decree.

3. Implement statistical tasks within the scope of management of Ministries and Ministerial-Level Agencies.

4. Build databases on administrative violation handling within their penalty authority; direct agencies and units to provide information to serve the construction of administrative violation handling databases and integrate them into the national database on administrative violation handling at the Ministry of Justice.

Direct agencies and units under Ministries and Ministerial-Level Agencies to cooperate and provide information on administrative violation handling to the Ministry of Justice for the construction of the national database on administrative violation handling.

5. Conduct inspections on the implementation of laws on administrative violation handling in fields under the management authority of Ministries and Ministerial-Level Agencies.

6. Implement tasks to disseminate, train, and enhance professional skills in applying laws on administrative violation handling within the management authority of Ministries and Ministerial-Level Agencies.

7. Establish material infrastructure, improve organizational structure, allocate resources to implement the enforcement of laws on administrative violation handling as prescribed in Clause 2, Article 4 of Resolution No. 24/2012/QH13 of the National Assembly on the enforcement of the Law on Administrative Violation Handling.

Legal Departments of Ministries and Ministerial-Level Agencies shall take the lead in assisting Ministers and Heads of Ministerial-Level Agencies to perform oversight work on the implementation of the Law on Administrative Violation Handling in fields under their management authority as specified in Clauses 2, 5, and 6 of this Article and other tasks when assigned.

Article 28. Responsibilities of the Ministry of Home Affairs

1. Implement the tasks prescribed in Article 27 of this Decree.

2. Draft regulations ensuring staffing to implement state administration work on enforcing laws on administrative violation handling based on proposals from the Ministry of Justice and related agencies, and submit them to the Prime Minister for approval.

Article 29. Responsibilities of the Ministry of Finance

1. Implement the tasks prescribed in Article 27 of this Decree.

2. Take the lead and coordinate with the Ministry of Justice to guide and ensure funding for state administration work on enforcing the Law on Administrative Violation Handling and organize its implementation according to the State Budget Law.

Article 30. Responsibilities of People's Committees at all levels

Within their functions, tasks, and authorities, People's Committees at all levels shall be responsible for:

1. Reporting on the implementation of laws on administrative violation handling:

a) The Chairman of the People's Committee at the commune level shall report on the implementation of the Law on Administrative Violation Handling in fields under their local management to the People's Committee at the district level before April 5 for the six-monthly report; before October 5 for the annual report;

The Legal Department shall advise and assist the Chairman of the People's Committee at the district level in reporting on the implementation of laws on administrative violation handling in their locality;

b) Heads of specialized agencies under the People's Committee at the provincial level and agencies organized vertically within the province, centrally governed city, and the People's Committee at the district level shall report on the implementation of laws on administrative violation handling in fields under their management to the Provincial Legal Department before April 10 for the six-monthly report; before October 10 for the annual report, for the Provincial Legal Department to compile and report to the People's Committee at the provincial level;

The Provincial Legal Department shall advise and assist the Chairman of the People's Committee at the provincial level in reporting on the implementation of laws on administrative violation handling in their locality;

c) The Chairman of the People's Committee at the provincial level shall report on the implementation of laws on administrative violation handling in fields under their local management and submit it to the Ministry of Justice before April 20 for the six-monthly report; before October 20 for the annual report;

d) Chairmen of People's Committees at all levels within their authority shall report on the contents prescribed in Clause 2, Article 25 of this Decree.

The Chairman of the People's Committee at the provincial level shall report on the contents prescribed in Points a, b, c, g, and h, Clause 3, Article 25 of this Decree.

2. In the process of implementing the Law on Administrative Violation Handling, if People's Committees at all levels discover that provisions on administrative violation handling are unfeasible, unsuitable to reality, or overlapping and contradictory, they shall propose to the drafting agency or the Ministry of Justice for research and resolution.

3. Implement statistical tasks within the scope of local management.

4. Implement tasks to disseminate, train, and enhance professional skills in applying laws on administrative violation handling within the scope of local management.

5. Form inter-sectoral inspection teams to conduct inter-sectoral inspections on the implementation of the Law on Administrative Violation Handling as prescribed in Points b, c, and d, Clause 2, Article 21 of this Decree.

6. Organize inspections upon the request of the Provincial Legal Department or when there are complaints or suggestions from individuals, organizations, or the press regarding the application of laws on administrative violation handling that seriously affect the legitimate rights and interests of individuals and organizations within the territory as prescribed in Article 22 of this Decree.

7. Direct the construction of material infrastructure, improve organizational structure, and allocate resources to implement the Law on Handling Administrative Violations as stipulated in Clause 2, Article 4 of Resolution No. 24/2012/QH13 of the National Assembly regarding the implementation of the Law on Handling Administrative Violations.

8. Provincial People's Committees shall be responsible for building databases on handling administrative violations within their localities; direct departments and sectors to provide information to serve the work of building databases on handling administrative violations.

The Department of Justice assists provincial People's Committees in building databases on handling administrative violations and integrating them into the national database on handling administrative violations at the Ministry of Justice.

Chapter III

IMPLEMENTING PROVISIONS

Article 31. Budget for Organizing the Implementation of the Law on Handling Administrative Violations

1. The budget for state management activities related to the implementation of the Law on Handling Administrative Violations and organizing the implementation of the Law on Handling Administrative Violations shall be guaranteed by the state budget and allocated in the annual budget estimates of relevant agencies and units in accordance with the State Budget Law.

2. Central agencies, agencies, and units at local levels shall prepare budget estimates for organizing the implementation of the Law on Handling Administrative Violations simultaneously when drafting annual budget estimates and submit them to financial authorities at the same level for consolidation and submission to competent authorities for consideration and decision.

Article 32. Sample Records and Decisions Used in Administrative Sanctions

This Decree annexes a Supplement on sample records and decisions for use during the process of imposing administrative sanctions.

Based on the sample records and decisions issued together with this Decree, the Minister, Head of a ministry-level agency, and provincial People's Committee may issue appropriate sample records and decisions for use in their respective fields, sectors, and localities, and specify the management and use of these sample records and decisions in administrative sanctions. In necessary cases, to meet the requirements of state management, the Minister, Head of a ministry-level agency may issue sample records and decisions and other necessary forms after coordinating with the Minister of Justice.

Article 33. Effective Date

1. This Decree takes effect from July 19, 2013.

2. This Decree replaces Decree No. 128/2008/NĐ-CP dated December 16, 2008 detailing certain provisions of the Ordinance on Handling Administrative Violations 2002 and the Ordinance amending and supplementing certain provisions of the Ordinance on Handling Administrative Violations 2008; Decree No. 124/2005/NĐ-CP dated October 6, 2005 on receipts for fines and management and use of fine payments for administrative violations.

3. Provisions on financial support for agencies and organizations handling administrative violations from revenue from administrative violation penalties at Clause 7, Article 32 of Decree No. 48/2011/NĐ-CP dated June 21, 2011 of the Government on administrative penalties in the maritime sector; Clause 3, Article 52 of Decree No. 34/2010/NĐ-CP replacing Decree No. 152/2005/NĐ-CP; Clause 3, Article 47 of Decree No. 117/2009/NĐ-CP dated December 31, 2009 of the Government on handling violations of environmental laws; Clause 2, Article 11 of Decree No. 72/2010/NĐ-CP dated July 8, 2010 on prevention and struggle against environmental crimes and other violations of law; Clause 2, Article 70 of Decree No. 23/2009/NĐ-CP dated February 27, 2009 of the Government on administrative penalties in construction activities; real estate business; exploitation, production, and business of construction materials; management of technical infrastructure works; development of housing and public buildings; Clause 1, Article 36 of Decree No. 73/2010/NĐ-CP dated July 12, 2010 on administrative penalties in the field of security and social order; Clause 1, Article 30 of Decree No. 68/2010/NĐ-CP dated June 15, 2010 of the Government on penalties for violations of electricity laws cease to be effective from the date this Decree takes effect.

Article 34. Responsibility for Implementation

Ministers, Heads of ministry-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees, municipal People's Committees directly under the central government, and relevant agencies are responsible for implementing this Decree./.