Decree No. 19/2020/ND-CP inspection and sanctioning of violations arising on administrative penalties

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ATTRIBUTE

Decree No. 19/2020/ND-CP dated February 12, 2020 of the Government on inspection and disciplinary actions in the enforcement of law provisions on handling of administrative violations
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Official number:19/2020/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:12/02/2020Effect status:
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Fields:Administrative violation , Justice

SUMMARY

Public employees keeping violations with criminal signs for administrative handling shall be forced to resignation

On February 12, 2020, the Government promulgates the Decree No. 19/2020/ND-CP on inspection and disciplinary actions in the enforcement of law provisions on handling of administrative violations.

Accordingly, disciplinary forced resignation shall be applied to civil servants and public employees who keeping violations with criminal signs for administrative handling. In addition, forging, falsifying dossiers related to penalties on administrative violations or dossiers related to the application of administrative handling measures and abusing positions and powers to harass, ask for and receive money or properties from violators may also be imposed this disciplinary.

Moreover, this Decree also regulates that an inspection team shall consist of at least 05 members, including the head of the inspection team, 01 deputy head of the inspection team and other members. Members of an inspection team shall not be imposed to any valid disciplinary actions or temporarily suspended from work in accordance with law provisions. Members of an inspection team shall not join such inspection team when their spouses or children, their spouses’ or their own fathers, mothers, and/or siblings are subject to the inspection or hold leadership and management positions at the organizations subject to their direct inspection.

This Decree takes effect from March 31, 2020.
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Effect status: Known

THE GOVERNMENT
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No. 19/2020/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

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Hanoi, February 12, 2020

 

DECREE
On inspection and disciplinary actions in the enforcement of law provisions on handling of administrative violations

 

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

Pursuant to law provisions on handling of administrative violations dated June 20, 2012;

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

Pursuant to the Law on Public Employees dated November 15, 2010;

Pursuant to the Law dated November 25, 2019 amending and supplementing a number of articles of the Law on Cadres and Civil Servants;

Pursuant to the Law on Anti-corruption dated November 20, 2018;

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

At the request of the Minister of Justice;

The Government promulgates the Decree on inspection and disciplinary actions in the enforcement of law provisions on handling of administrative violations.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the inspection of the observance of law provisions on handling of administrative violations and the disciplinary actions against persons with jurisdiction and responsibility for enforcing law provisions on handling of administrative violations.

Article 2. Subjects of application

1. Agencies and persons with jurisdiction to inspect the enforcement of law provisions on handling of administrative violations; agencies in charge of managing the enforcement of law provisions on handling of administrative violations.

2. Heads of agencies of persons with jurisdiction to handle administrative violations, heads of immediate superior agencies of persons with jurisdiction to handle administrative violations.

3. Persons with jurisdiction to handle administrative violations, persons with jurisdiction to make records of administrative violations.

4. Agencies, organizations and individuals involved in the enforcement of the law provisions on handling of administrative violations.

Article 3. Purpose of inspection and disciplinary actions in the enforcement of law provisions on handling of administrative violations

1. To review and evaluate the enforcement of law provisions on handling of administrative violations; encourage and commend agencies, organizations and individuals with achievements in the enforcement of law provisions on handling of administrative violations; detect limitations, problems, inadequacies, errors and violations in the enforcement of law provisions on handling of administrative violations in order to promptly rectify, handle and overcome them.

2. To prevent and fight against violations in the enforcement of law provisions on handling of administrative violations; strengthen administrative discipline in organizing the enforcement and application of laws to ensure the effectiveness and efficiency of the enforcement of law provisions on handling of administrative violations.

3. To detect regulations that are unrelated, inconsistent, or impractical in order to promptly amend, supplement, abolish or promulgate new legal documents on handling of administrative violations or other relevant legal documents.

Article 4. Principles of inspection and disciplinary actions in the enforcement of law provisions on handling of administrative violations

1. The inspection and disciplinary actions shall be carried out in an objective, public and transparent manner in accordance with the statutory authority, order, and procedures.

2. The coordination among concerned agencies shall be ensured while the conduct of other inspection and examination activities imposed on a unit at the same time shall not be overlapped. It shall also not hinder or affect the normal operation of the inspected subjects.

Th inspection of competent agencies and persons shall be combined with the self-inspection of the inspected subjects.

3. The inspection conclusions shall be fully and timely carried out by the inspected subjects, concerned agencies, organizations, and individuals. Violations, recommendations, and requests included in the inspection conclusions shall be promptly and strictly implemented upon the proper violators in line with the nature and seriousness of the violations.

The inspection conclusions shall be supervised, speeded up, checked by competent persons.

4. Entities with jurisdiction to inspect and entities subject to inspection shall be determined based on the state management principles of branches, sectors and geographical areas and territories.

Chapter II
INSPECTION OF THE ENFORCEMENT OF LAW PROVISIONS ON HANDLING OF ADMINISTRATIVE VIOLATIONS

Article 5. Grounds and modes of inspection

1. The periodical, geographical, specialized, or sectoral inspection shall be conducted in accordance with the annual inspection plan based on one of the following grounds:

a) At the direction of the Prime Minister;

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

c) At the request of organizations in charge of legal affairs affiliated to ministries or ministerial-level agencies while supervising the enforcement of law provisions on handling of administrative violations;

d) At the request of the Provincial/Municipal Department of Justice, the District-level Division of Justice while supervising the enforcement of law provisions on handling of administrative violations;

dd) Based on requirements of the state management over the handling of administrative violations;

e) When the enforcement of law provisions on handling of administrative violations under the scope of interdisciplinary management is facing many difficulties, problems, inadequacies or when there are complicated cases.

2. The irregular inspection shall be conducted in accordance with the management requirements and practical situation based on one of the following grounds:

a) At the direction of the Prime Minister;

b) When there are requests, recommendations of individuals, organizations or with the mass media reports the incorrect application of law provisions on handling of administrative violations with signs of infringement upon lawful rights and interests of individuals and organizations;

c) When problems or signs of violations are detected during the examination of dossiers and documents sent by agencies or persons with jurisdiction to handle administrative violations, or those archived and preserved as prescribed by the laws;

d) When signs of violations in the enforcement of law provisions on handling of administrative violations infringing upon lawful rights and interests of individuals and organizations are detected during the supervision of the enforcement of law provisions on handling of administrative violations,

Article 6. The jurisdiction to inspect

1. Ministers and heads of ministerial-level agencies shall inspect the enforcement of law provisions on handling of administrative violations in the cases prescribed at Points a, b, c, dd and e, Clauses 1 and 2 of Article 5 hereof within the scope of their management.

For cases specified at Point e, Clause 1, Article 5 hereof, which are complicated, interdisciplinary, and nation-scaled, the Minister of Justice shall report to the Prime Minister for consideration and decision on the agency that is mainly responsible for the inspection.

The organizations in charge of legal affairs under ministries or ministerial-level agencies shall be responsible for assisting ministers and heads of ministerial-level agencies in conducting the inspection.

2. The Minister of Justice shall inspect the enforcement of law provisions on handling of administrative violations in accordance with the provisions of Clause 1 of this Article.

The Director of the Department of Management of Handling of Administrative Violations and Monitoring of Law Implementation under the Ministry of Justice shall be responsible for assisting the Minister of Justice in conducting the inspection.

3. Presidents of provincial-level or district-level People s Committees shall inspect the enforcement of law provisions on handling of administrative violations in the cases prescribed at Points a, b, d, dd and e, Clause 1, Clause 2, Article 5 hereof within the scope of its management.

The Directors of the Provincial/Municipal Departments of Justice and the Heads of the District-level Divisions of Justice shall be responsible for assisting the Presidents of the provincial-level and district-level People s Committees in conducting the inspection.

4. Heads of agencies and units managing persons with jurisdiction to impose penalties on administrative violations shall conduct the inspection of the cases prescribed at Points dd and e, Clause 1 and Clause 2, Article 5 hereof.

The organizations in charge of legal affairs or organizations with equivalent functions and tasks under agencies and units managing persons with jurisdiction to impose penalties on administrative violations shall assist the heads of agencies and units managing persons with jurisdiction to impose penalties on administrative violations in conducting the inspection.

5. The Minister of Justice shall detail this Article.

Article 7. Powers and responsibilities of persons with jurisdiction to issue inspection decisions

1. Persons with jurisdiction to issue inspection decisions are allowed to:

a) Handle under the scope of their jurisdiction or propose competent agencies to promptly handle agencies, organizations and individuals failing to comply with or complying improperly with the law provisions on handling of administrative violations;

b) If they discover the law provisions on handling administrative violations are incomplete, inconsistent, irrelative, impractical or irrational, they shall handle under the scope of their jurisdiction or promptly propose competent State agencies to consider and handle;

c) Commend and reward under the scope of their jurisdiction or propose competent agencies to promptly commend and reward agencies, organizations, and individuals for their effective and strict enforcement of law provisions on handling of administrative violations.

2. Persons with jurisdiction to issue inspection decisions are responsible for:

a) Notifying the inspected subjects with the inspection plans, contents, time as well as providing them with the inspection conclusions;

b) Promptly directing and handling, under the scope of their jurisdiction, the problems arising during the inspection and after the inspection is complete in accordance with the reports and proposals of the heads the inspection teams;

c) Taking accountability to the immediate superior leaders and the laws for their issuance of inspection decisions and all inspection activities under their inspection decisions;

d) Issuing inspection conclusions.

Article 8. Inspection teams

1. Inspection teams shall be set up to perform inspection tasks under inspection decisions issued by persons with jurisdiction. An inspection team shall be established on an interdisciplinary manner, except for the following cases:

a) Ministers and Heads of ministerial-level agencies shall set up inspection teams to inspect the enforcement of law provisions on handling of administrative violations within their respective scopes of management;

b) Heads of agencies and units managing persons with jurisdiction to impose penalties on administrative violations shall set up inspection teams to inspect the enforcement of law provisions on handling of administrative violations within their scope of management.

2. An inspection team shall consist of at least 05 members, including:

a) Head of the inspection team;

b) 01 deputy head of the inspection team;

c) Other members.

3. Members of an inspection team shall not be imposed to any valid disciplinary actions or temporarily suspended from work in accordance with law provisions.

4. Members of an inspection team shall not join such inspection team when their spouses or children, their spouses’ or their own fathers, mothers, and/or siblings are subject to the inspection or hold leadership and management positions at the organizations subject to their direct inspection.

Article 9. Powers and responsibilities of inspection teams

1. Powers of inspection teams:

a) Request the inspected subjects to work directly or send representatives to work with the inspection teams;

b) Request the inspected subjects to provide sufficient information, records, documents and explain issues related to the inspection contents; in case of necessity, they shall request the inspected subjects to provide material evidences and means of violations for verification;

c) In case of necessity, the inspection team shall conduct verification to clarify issues related to the inspection contents.

2. Responsibilities of inspection teams:

a) Conduct the inspection in accordance with the inspection decisions;

b) Report to the person with jurisdiction to issue inspection decisions on the inspection results and propose handling measures;

c) Use the provided information; use and preserve the provided records, documents, exhibits and means related to the inspection contents strictly in accordance with law provisions; do not damage or cause loss to the lawful properties of the inspected subjects;

d) Return all records, documents, exhibits, and means provided by the inspected subjects.

Article 10. Responsibilities of inspection teams heads and members of inspection teams

1. Heads of inspection teams shall be responsible for:

a) Announcing the inspection decisions to the inspected subjects;

b) Informing the inspected subjects about the members of the inspection teams;

c) Organizing the inspection in accordance with the contents of the inspection decisions;

d) Assigning specific tasks to members of inspection teams;

dd) Taking accountability to the persons with jurisdiction to issue the inspection decisions and the laws for the operation of the inspection teams;

e) Complying with the reporting regime, seeking directions from the persons with jurisdiction to issue the inspection decisions on issues and contents that have arisen beyond their jurisdiction when conducting the inspection;

g) Making and signing the inspection minutes right after finishing the inspection to record the inspection results;

h) Making reports with proposals on the inspection results and submitting them to the persons with the jurisdiction to issue the inspection decisions together with the inspection dossiers at the end of the inspection; submitting them to the competent persons for issuance of inspection conclusions;

i) Complying with the provisions of Points c and d, Clause 2, Article 9 hereof.

2. Heads of the inspection teams may authorize the deputy heads of the inspection teams to perform their tasks.

Under the authority of the heads of the inspection teams, the deputy heads of the inspection teams shall take accountability to the heads of the inspection teams, the persons with jurisdiction to issue inspection decisions and the laws on the operation of the inspection teams as well as comply with Clause 1 of this Article.

3. Members of inspection teams shall be responsible for:

a) Performing the inspection tasks assigned and supervised by the heads of the inspection teams in accordance with the contents of the inspection decisions;

b) Reporting their task performance results to the heads of the inspection teams and taking accountability for the accuracy and truthfulness of their reports or proposals;

c) Proposing necessary measures for the heads of the inspection teams to ensure the effective and lawful operation of the inspection teams;

d) Complying with the provisions of Points c and d, Clause 2, Article 9 hereof.

Article 11. Contents of inspection of the enforcement of law provisions on handling of administrative violations

1. Contents of inspection of the application of law provisions on imposing penalties on administrative violations administrative violations:

a) The total number of violations; the total number of administrative violations which are imposed with penalties; the number of administrative violations which are imposed with penalties within each scope of management; the number of cases transferred to legal authorities for criminal prosecution; the number of cases transferred by the procedural agencies for imposing penalties;

b) The enforcement of law provisions on jurisdiction, procedures for making records of administrative violations and issuing decisions on imposing penalties on administrative violations, decisions on confiscation of material evidences and means of administrative violations, decisions on application of consequence improvement measures in cases of not issuing decisions on imposing penalties on such administrative violations, decisions to forcibly execute the decisions on imposing penalties on administrative violations;

c) The situation and results of execution of decisions on imposing penalties on administrative violations, decisions on confiscation of material evidences and means of administrative violations, and decisions on application of consequence improvement measures in case of not issuing decisions on imposing penalties on administrative violations, decisions to forcibly execute the decisions on imposing penalties on administrative violations;

d) The implementation of law provisions on accountability;

dd) The implementation of law provisions on jurisdiction and procedures for application of preventive measures and execution of penalties on administrative violations;

e) The management of proceeds from the fines on administrative violations and the management of the fine receipts;

g) The storage of records of penalties on administrative violations.

2. Contents of inspection of the application of law provisions on administrative handling measures:

a) The total number of subjects with request documents for application of administrative handling measures; the number of subjects who have been imposed with administrative handling measures;

b) The implementation of the law provisions on making request documents for application of administrative handling measures;

c) The situation and results of execution of decisions on application of administrative handling measures;

d) The application of preventive measures and execution of administrative handling decisions;

dd) The signs of law violations by persons with jurisdiction to apply law provisions on administrative handling measures and the settlement of complaints and denunciations in the application of administrative handling measures;

e) The storage of records on application of administrative handling measures.

3. Contents of inspection of the management over the enforcement of law provisions on handling of administrative violations:

a) The direction and administration; the formulation, progress and results of implementation of plans on management over law enforcement of law provisions on handling administrative violations;

b) The promulgation of legal documents related to handling of administrative violations; the general results on supervising the enforcement of law provisions on handling of administrative violations;

c) The dissemination, training, equipment and guidance of professional knowledge and skills;

d) The arrangement of resources and other conditions to ensure the enforcement of law provisions on handling of administrative violations; the total number of persons with jurisdiction to impose penalties on administrative violations in line with each of the positions at the agencies or units;

dd) The implementation of the statistics-summarizing and reporting regime on handling of administrative violations;

e) The establishment and management of databases on handling of administrative violations and the update of information onto the national databases;

g) The implementation of responsibilities of heads of agencies and units in organizing the implementation and application of law provisions on handling of administrative violations and other law provisions related to handling of administrative violations.

Article 12. Issuance of inspection plans

1. Pursuant to Clause 1, Article 5 hereof, the annual inspection plans shall be issued by competent persons before March 15 annually. In case of necessity, the person with jurisdiction to issue inspection plans may adjust the inspection plans.

The Minister of Justice shall detail this Clause.

2. Jurisdiction to issue inspection plans:

a) The Minister of Justice, other ministers, ministerial-level agencies shall prepare inspection plans in their respective scope of management and inspection plans under the Prime Minister s guidance specified in Clause 1 and Clause 2, Article 6 hereof.

The Director of the Department of Management of Handling of Administrative Violations and Monitoring of Law Implementation under the Ministry of Justice shall assist the Minister of Justice while the organizations in charge of legal affairs under the ministerial-level agencies shall assist their ministers and heads in developing the inspection plans;

b) Presidents of the provincial-level and district-level People s Committees shall be responsible for making inspection plans within their scope of management.

The Directors of the Provincial/Municipal Departments of Justice and Heads of the District-level Divisions of Justice shall assist the Presidents of the provincial-level and district-level People s Committees in making inspection plans;

c) The heads of agencies and units managing persons with jurisdiction to impose penalties on administrative violations shall make inspection plans within their scope of management.

The organizations in charge of legal affairs or organizations with equivalent functions and tasks under agencies or units managing persons with jurisdiction to impose penalties on administrative violations shall assist the heads of agencies or units managing the persons with jurisdiction to impose penalties on administrative violations in making inspection plans.

3. An inspection plan shall cover the following principle contents:

a) Grounds for issuing the plan;

b) Subject(s) to be inspected;

c) Location of inspection;

d) Contents of inspection;

dd) Estimated time of inspection;

e) Funds for inspection;

g) Organization of implementation.

4. The inspection plans shall be sent to the inspected subjects immediately after they have been issued.

Article 13. Issuance of inspection decisions

1. Based on the inspection plans and the inspection grounds as prescribed in Article 5 hereof, the Department of Management of Handling of Administrative Violations and Supervising of Law Implementation, organizations in charge of legal affairs under ministries and ministerial-level agencies, Provincial/Municipal Departments of Justice, District-level Divisions of Justice, organizations in charge of legal affairs or organizations with equivalent functions and tasks under agencies or units managing persons with jurisdiction to impose penalties on administrative violations, shall develop the inspection decisions and submit them to the competent person as defined in Article 6 hereof to consideration and issuance.

2. An inspection decision shall cover the following principle contents:

a) Date of issuing the inspection decision;

b) Grounds for issuing inspection decision;

c) The subject(s) to be inspected;

d) Location of inspection;

dd) Contents of inspection;

e) Time limit for the inspection;

g) Full names and positions of the head, deputy head and members of the inspection team; powers and responsibilities of the inspection team;

h) Rights and responsibilities of the inspected subject(s);

i) Funds for inspection;

k) Full name and position of the person issuing the inspection decision.

3. The time limit for inspection specified at Point e, Clause 2 of this Article is 07 working days at most; In case of necessity, the person with jurisdiction to inspect may extend the time limit, but the extended time limit shall not exceed 07 working days.

The Minister of Justice shall detail this Clause.

4. The inspection decisions shall be sent to the inspected subjects in at least 30 days before the is conducted.

In case of unexpected inspection, the inspection decisions shall be sent to the inspected subjects right after the decisions have been issued or handed directly to the inspected subjects right when the inspection starts.

Article 14. Conducting inspections

1. The inspection teams shall inspect dossiers, and, in case of necessity, they shall physically inspect and verify information and documents, results of law enforcement on handling of administrative violations serving as a basis for concluding inspection contents.

2. In the course of inspection, the heads of the inspection teams or authorized persons shall make records to certify the collection and supply of information and documents related to the inspection contents and sign the inspection minutes right after the inspection is complete.

An inspection minute shall cover the following principle contents:

a) Date of making the minute;

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

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

d) Contents of inspection;

dd) Information and documents collected and provided;

e) Opinions of the inspected subject(s) and relevant agencies and units;

g) Comments and assessments of the inspection team;

h) Signatures of the head of the inspection team or the person authorized to make the minute and the inspected individual or representative of the inspected organization. If the minute has many pages, including attached appendices and lists, the people involve shall sign on each page of the minute, the attached appendices and lists or affix the stamp all multiple pages.

Article 15. Inspection conclusions

1. Within 15 days after the end of inspection, the inspection teams shall draft the inspection conclusions and send them to the inspected subjects for comments on the contents of the draft inspection conclusions.

2. Within 05 working days after receiving the draft inspection conclusions, the inspected subjects shall send their comments on the draft inspection conclusions in writing to inspection teams.

3. Within 05 working days after receiving the written comments of the inspected subjects regarding the contents of the draft inspection conclusions or within 03 working days after the expiry of the time limit as prescribed in Clause 2 of this Article without receiving written comments from the inspected subjects on the contents of the draft inspection conclusions, the heads of the inspection teams shall submit them to the persons with jurisdiction conduct inspection for issuance of the inspection conclusions.

The heads of the inspection teams shall issue the inspection conclusions when they are authorized by the competent person.

4. The inspection conclusions shall be sent to the inspected subjects and concerned agencies, organizations, and individuals right after being issued for them to implement the contents stated in the inspection conclusions and publicize them in accordance with law provisions.

The Minister of Justice shall detail this Clause.

5. The inspection conclusions shall covers the following principle contents: Achievements; limitations, shortcomings and their causes; they shall also clearly identify the violations, the nature and severity of the violations, the causes and responsibilities of agencies, organizations and individuals that commit violations; the handling proposals, and the consideration and handling of the agencies, organizations and individuals that commit violations; the time limit for notifying results of the implementation of inspection conclusions.

6. In case of detecting legal documents on handling of administrative violations or other relevant legal documents with contents which are illegal on inconsistent with documents with higher legal effect; irrational, overlapped, or infeasible, impractical in the current socio-economic situation, in the inspection conclusions, the inspection agencies shall propose the agencies which have issued such legal documents to revise and amend them in accordance with the Government s Decree No. 34/2016/ND-CP dated May 14, 2016 detailing a number of articles and providing measures for implementing the Law on the Promulgation of Legal Documents.

Article 16. Rights and responsibilities of inspected subjects

1. Rights of the inspected subjects:

a) Be informed in writing of inspection plans and decisions;

b) Propose and explain the inspection conclusions;

c) Complain about inspection conclusions and administrative violations of competent persons related to the inspection and disciplinary actions in the enforcement of law provisions on handling of administrative violations in accordance with the law provisions on complaints;

d) Denounce law violations related to the inspection and disciplinary actions in the enforcement of law provisions on handling of administrative violations in accordance with law provisions on denunciations;

dd) Reject requests for information and documents not related to the inspection contents.

2. Responsibilities of the inspected subjects:

a) Coordinate and create favorable conditions for inspection teams to perform their tasks during the inspection;

b) Strictly comply with the information and reporting regime at the request of the inspection teams; timely report and provide truthful information and documents; take accountability to the law for the contents of the reports and the provided information and documents; explain issues related to the inspection contents;

c) Comply with the inspection conclusions; implement the inspection results based on the inspection teams’ recommendations in the inspection conclusions;

d) Take accountability for failing to implement or improperly implementing inspection conclusions.

Chapter III
IMPLEMENTATION OF INSPECTION CONCLUSIONS; SUPERVISING, SPEEDING UP, AND CHECKING THE IMPLEMENTATION OF THE CONCLUSION

Article 17. Organization of the implementation of inspection conclusions

1. Within 30 days after receiving inspection conclusions, the inspected subjects, concerned agencies, organizations and individuals shall:

a) Timely implement all the recommendations stated in the inspection conclusions;

b) If there are multiple contents stated in the inspection conclusions related to the responsibilities of various agencies, organizations and individuals, the inspected subjects shall make specific plans on implementation of the inspection conclusions.

A specific plan on implementation of an inspection conclusion shall clearly identify the purposes, requirements, roadmap, time, and methods of implementing the contents of such inspection conclusion, and clearly assign responsibilities to each agency, organization and individual.

The specific plans on implementation of inspection conclusions shall be sent to the persons with jurisdiction to issue inspection conclusions and agencies, organizations and individuals related to the implementation of the inspection conclusions.

2. Heads of the inspected agencies and organizations and heads of concerned agencies and organizations shall:

a) Promptly direct and assign agencies, organizations, units and individuals to implement all the contents specified in Clause 1 of this Article;

b) Urge the units or individuals under their scope of management to implement the inspection conclusions;

c) Make favorable conditions and take measures within their jurisdiction to support the units and individuals under their scope of management to strictly, fully and promptly implement the inspection conclusions;

d) Conduct inspections and request the inspections of agencies, organizations and individuals under their scope of management in accordance with the inspection conclusions;

dd) Handle violations committed by the agencies, organizations and individuals under their scope of management during the implementation of the inspection conclusions.

Article 18. Reporting on the implementation of inspection conclusions

1. The inspected subjects shall report on the implementation of inspection conclusions within the time limit stated in the inspection conclusions or at requests of persons with jurisdiction to issue inspection conclusions.

2. Contents of a report on the implementation of an inspection conclusion shall covers the following contents:

a) The organization of implementation of the inspection conclusion;

b) Progress and results of implementation of the inspection conclusion, including the contents which are completely implemented and those which are unfinished;

c) Difficulties and problems; causes of difficulties and problems during the implementation of the inspection conclusion as well as recommendations and proposals for such problems;

d) Law violations and handling of such violations of agencies, organizations and individuals related to the implementation of the inspection conclusion.

Article 19. Jurisdiction to supervise, speed up, and check the implementation of inspection conclusions

Persons with jurisdiction to issue inspection conclusions shall preside over in supervising, speeding up, and checking the implementation of inspection conclusions of the inspected subjects in accordance with the order and procedures specified in Articles 20 and 21 hereof.

Article 20. Supervising and speeding up the implementation of inspection conclusions

1. The competent persons shall supervise the implementation of inspection conclusions by requesting the inspected subjects to report on the situation of their implementation of inspection conclusions and provide relevant documents. Persons with jurisdiction to issue inspection conclusions shall assign other persons to directly monitor, discuss and work with the inspected subjects to determine information on the implementation of inspection conclusions in accordance with the provisions of Clause 2 of this Article.

2. The order and procedures for supervising the implementation of inspection conclusions are prescribed as follows:

a) Within 45 days since the inspection conclusions are issued, the persons assigned to supervise shall report to the persons with jurisdiction to issue inspection conclusions on the results of supervising the implementation of inspection conclusions;

b) Within 03 working days since the reports on the results of supervising the implementation of inspection conclusions are received, the persons with jurisdiction to issue inspection conclusions shall base themselves on the supervising results to decide: to end the supervision and keep the supervision records in accordance with the current regulations if the implementation of the inspection conclusions has been completed or to urge them to complete the implementation in accordance with the provisions of Clauses 3 and 4 of this Article if the implementation of the inspection conclusions have not completed yet;

c) Supervision results and the processing of such results shall be informed to the inspected subjects and publicized in accordance with law provisions.

The Minister of Justice shall detail this Point.

3. The competent persons shall speed up the implementation of inspection conclusions by sending documents or directly urge the inspected subjects. The order and procedures to speed up the implementation of inspection conclusions shall comply with Clause 4 of this Article.

4. The order and procedures to speed up the implementation of inspection conclusions shall be prescribed as follows:

a) Within 05 working days at the latest since the competent persons are assigned to speed up the implementation, they shall propose documents to submit to the person with jurisdiction to issue inspection conclusions to consider and send the inspected subjects;

b) Within 30 days since the competent persons are assigned to speed up the implementation, they shall report the results to the person with jurisdiction to issue inspection conclusions;

c) Within 03 working days since reports on the speed-up of implementation of inspection conclusions, competent persons with jurisdiction to issue inspection conclusions shall base themselves on the speed-up results to decide: to end the speed-up process and keep the speed-up records in accordance with current regulations if the implementation of inspection conclusions has been completed or to conduct inspection of the implementation of inspection conclusions in accordance with Article 21 hereof if the implementation of the inspection conclusions have not completed yet;

d) Results of speeding up the implementation of the inspection conclusions and processing of such results shall be notified to the inspected subjects and publicized in accordance with law provisions.

Article 21. Checking the implementation of inspection conclusions

1. Persons with jurisdiction to issue inspection conclusions shall issue decisions to check the implementation of inspection conclusions based on one of the following grounds:

a) Upon the expiry of the time limit for the implementation of the inspection conclusions, the inspected subjects fail to implement the inspection conclusions without reports on the results of the implementation of inspection conclusions or applications for extension of time limit (if any);

b) The inspected subjects fail to report the results of the implementation of inspection conclusions in accordance with law provisions;

c) In the course of supervising and speeding up the implementation, the inspected subjects show signs of dispersal of money, material evidence and means of administrative violations, destruction of documents, non-cooperation, hindering, or commit violations against other law provisions.

2. Persons with jurisdiction to issue inspection conclusions shall issue decisions to check the implementation. Such decisions shall clearly state: the grounds for the decisions; subjects, contents, scope and time of the check; the person assigned to check the implementation of the inspection conclusions. The decisions shall be sent to the persons assigned to check the implementation of the inspection conclusions and the inspected subjects within 03 working days since the date of signing. The assigned persons shall check the implementation of the inspection conclusions within 15 days since the date of signing.

3. The time limit for checking the implementation of the inspection conclusions is 05 working days after the inspection starts. If the to-be-checked contents are complicated and cover a large scope, the maximum time limit for checking the implementation of the inspection conclusions is 15 days since the date of starting checking.

4. Within 03 working days at most after the checks are completed, the persons assigned to check the implementation of the inspection conclusions shall submit reports on the checking results to the persons with jurisdiction to issue the inspection conclusions. The reports shall cover the following contents: the evaluation of the situation and the inspection results; conclusions on the inspection contents; proposals on measures to handle law violations and contents related to ensuring the implementation of inspection conclusions.

5. Based on the inspection results, the persons with jurisdiction to issue inspection conclusions shall:

a) Request the heads of the agencies directly managing the inspected subjects to take measures within their scope of jurisdiction to force the inspected subjects to complete the implementation of the inspection conclusions;

b) Apply, under the scope of their jurisdiction, or propose competent agencies to apply handling measures in accordance with law provisions;

c) Transfer the cases to competent investigation agencies for consideration and prosecution if detecting criminal signs related to the implementation of inspection conclusions.

6. Within 10 working days after the inspection results are completely processed, the inspection agencies shall send notices of the results of checking the implementation of the inspection conclusions and the processing of such results to the inspected subjects and publicize them in accordance with law provisions.

Chapter IV
DISCIPLINARY ACTIONS IN THE ENFORCEMENT OF LAW PROVISIONS ON HANDLING OF ADMINISTRATIVE VIOLATIONS

Article 22. Violations committed in the enforcement of law provisions on handling of administrative violations

1. Keeping violations with criminal signs for administrative handling.

2. Abusing positions and powers to harass, ask for and receive money or properties from violators; protecting, covering up or limiting the rights of administrative violators when they are handled for their administrative violations.

3. Failing to impose penalties on administrative violations; failing to impose consequence improvement measures or failing to apply administrative handling measures to violators in accordance with law provisions.

4. Imposing penalties on administrative violations, imposing consequence improvement measures or applying administrative handling measures not timely, not strictly, not within the scope of jurisdiction, not in lawful procedures and not on the subjects as prescribed by the laws.

5. Applying penalties, penalty levels, and consequence improvement measures improperly and inadequately with administrative violations.

6. Illegally intervening the handling of administrative violations.

7. Extending the time limit for application of administrative handling measures.

8. Using proceeds from fine of administrative violations, charges on late execution of fining decisions, proceeds from sale of goods, liquidation of confiscated material evidences and means of  administrative violations and other sums of money obtained from imposing penalties on administrative violations against law provisions on state budget.

9. Forging, falsifying dossiers related to penalties on administrative violations or dossiers related to the application of administrative handling measures.

10. Providing inaccurate and untruthful information and documents related to the inspection contents.

11. Illegally intervening in the inspections, influencing the peoples conducting the inspections.

12. Opposing and hindering persons conducting the inspections, threatening or repressing people who provide information and documents to inspection agencies and inspection teams, causing difficulties for the inspections.

13. Disclosing information and documents on inspection conclusions when there is no official conclusion.

14. Failing to implement the inspection conclusions.

15. Implementing incompletely and inaccurately the inspection conclusions.

16. Failing to supervise, speed up and check the execution of decisions on penalties of the sanctioned individuals or organizations; the implementation of consequence improvement measures of individuals and organizations.

17. Issuing ultra vires documents providing for administrative violations; jurisdiction, procedures, penalties, and consequence improvement measures for each administrative violation within the scope of state management, and administrative handling measures.

18. Being irresponsible for directing the implementation of inspection conclusions.

19. Failing to settle or not promptly settling complaints and denunciations in handling administrative violations.

Article 23. Taking disciplinary actions against cadres, civil servants, and public employees in the enforcement of law provisions on handling of administrative violations

1. Cadres, civil servants and public employees who commit law violations in the enforcement of law provisions on handling of administrative violations shall, depending on the nature and seriousness of their violations, be imposed with disciplinary actions in accordance with the provisions of Articles 24, 25, 26, 27, 28 and 29 hereof.

2. Principles, jurisdiction, order, procedures, and other contents related to the disciplining of civil servants and public employees committing violations in the enforcement of law provisions on handling of administrative violations shall comply with law provisions on disciplining civil servants and public employees.

3. The attitude of actively acquiring, correcting, and improving the consequences of the violating cadres, civil servants and public employees shall be considered as an aggravating or mitigating factor against the disciplinary actions imposed on them.

The aggravation or mitigation of disciplinary actions shall also be applied if the violations are committed due to objective circumstances or faults of the violators.

4. The determination of jurisdiction, order and procedures for disciplining cadres who commit violations in the enforcement of law provisions on handling of administrative violations shall comply with law provisions.

Article 24. Reprimand

1. Disciplinary reprimand shall be applied to cadres and civil servants who commit one of the following violations in the enforcement of law provisions on handling of administrative violations:

a) Imposing penalties on administrative violations, imposing consequence improvement measures or applying administrative handling measures not timely, not strictly, not within the scope of jurisdiction, not in lawful procedures and not on the subjects as prescribed by the laws;

b) Failing to supervise, speed up and check the execution of decisions on penalties of the sanctioned individuals or organizations, the implementation of consequence improvement measures of individuals and organizations;

c) Disclosing information and documents on inspection conclusions when there is no official conclusion;

d) Implementing incompletely and inaccurately the inspection conclusions;

dd) Failing to settle or not promptly settling complaints and denunciations in handling administrative violations.

2. Disciplinary reprimand shall be applied to cadres who commit one of the following violations in the enforcement of law provisions on handling of administrative violations:

a) Disclosing information and documents on inspection conclusions when there is no official conclusion;

b) Implementing incompletely and inaccurately the inspection conclusions;

c) Failing to settle or not promptly settling complaints and denunciations in handling administrative violations.

Article 25. Warning

1. Disciplinary warning shall be applied to cadres who commit one of the following violations in the enforcement of law provisions on handling of administrative violations:

a) Failing to impose penalties on administrative violations; failing to impose consequence improvement measures or failing to apply administrative handling measures to violators in accordance with law provisions;

b) Applying penalties, penalty levels, and consequence improvement measures improperly and inadequately with administrative violations;

c) Extending the time limit for application of administrative handling measures;

d) Illegally intervening the handling of administrative violations;

dd) Illegally intervening in the inspections, influencing the peoples conducting the inspections;

e) Disclosing information and documents on inspection conclusions when there is no official conclusion;

g) Being irresponsible for directing the implementation of inspection conclusions.

2. Disciplinary warning shall be applied to civil servants who commit one of the following violations in the enforcement of law on handling of administrative violations:

a) Failing to impose penalties on administrative violations; failing to impose consequence improvement measures or failing to apply administrative handling measures to violators in accordance with law provisions;

b) Applying penalties, penalty levels, and consequence improvement measures improperly and inadequately with administrative violations;

c) Extending the time limit for application of administrative handling measures;

d) Illegally intervening the handling of administrative violations;

dd) Providing inaccurate and untruthful information and documents related to the inspection contents;

e) Failing to implement the inspection conclusions.

3. Disciplinary warning shall be applied to public employees who commit one of the following violations in the enforcement of law on handling of administrative violations:

a) Illegally intervening the handling of administrative violations;

b) Illegally intervening in the inspections, influencing the peoples conducting the inspections;

c) Disclosing information and documents on inspection conclusions when there is no official conclusion;

d) Failing to implement the inspection conclusions;

dd) Using proceeds from fine of administrative violations, charges on late execution of fining decisions, proceeds from sale of goods, liquidation of confiscated material evidences and means of  administrative violations and other sums of money obtained from imposing penalties on administrative violations against law provisions on state budget.

4. Disciplinary warning shall be applied to civil servants holding leading and managerial posts, or managerial public servants who are irresponsible for directing the implementation of inspection conclusions.

Article 26. Salary reduction

Disciplinary salary reduction shall be applied to civil servants who do not hold leading or managerial posts that use proceeds from fine of administrative violations, charges on late execution of fining decisions, proceeds from sale of goods, liquidation of confiscated material evidences and means of  administrative violations and other sums of money obtained from imposing penalties on administrative violations against law provisions on state budget.

Article 27. Demotion

Disciplinary demotion shall be applied to civil servants holding leading or managerial posts that fail to implement the inspection conclusions.

Article 28. Dismissal

1. Disciplinary dismissal shall be applied to cadres who commit one of the following violations in the enforcement of law provisions on handling of administrative violations:

a) Keeping the violations with criminal signs for administrative handling;

b) Using proceeds from fine of administrative violations, charges on late execution of fining decisions, proceeds from sale of goods, liquidation of confiscated material evidences and means of  administrative violations and other sums of money obtained from imposing penalties on administrative violations against law provisions on state budget;

c) Forging, falsifying dossiers related to penalties on administrative violations or dossiers related to the application of administrative handling measures;

d) Opposing and hindering persons conducting the inspections, threatening or repressing people who provide information and documents to inspection agencies and inspection teams, causing difficulties for the inspections;

dd) Issuing ultra vires documents providing for administrative violations; jurisdiction, procedures, penalties, and consequence improvement measures for each administrative violation within the scope of state management, and administrative handling measures;

e) Failing to implement the inspection conclusions;

g) Abusing positions and powers to harass, ask for and receive money or properties from violators; protecting, covering up or limiting the rights of administrative violators when they are handled for their administrative violations.

2. Disciplinary dismissal shall be applied to civil servants holding leading or managerial posts who issue ultra vires documents providing for administrative violations; jurisdiction, procedures, penalties, and consequence improvement measures for each administrative violation within the scope of state management, and administrative handling measures.

3. Disciplinary dismissal shall be applied to managerial public employees who commit one of the following violations in the enforcement of law provisions on handling of administrative violations:

a) Issuing ultra vires documents providing for administrative violations; jurisdiction, procedures, penalties, and consequence improvement measures for each administrative violation within the scope of state management, and administrative handling measures;

b) Failing to implement the inspection conclusions.

Article 29. Forced resignation

Disciplinary forced resignation shall be applied to civil servants and public employees who commit one of the following violations of law enforcement on handling of administrative violations:

a) Keeping violations with criminal signs for administrative handling;

b) Forging, falsifying dossiers related to penalties on administrative violations or dossiers related to the application of administrative handling measures;

c) Opposing and hindering persons conducting the inspections, threatening or repressing people who provide information and documents to inspection agencies and inspection teams, causing difficulties for the inspections;

d) Abusing positions and powers to harass, ask for and receive money or properties from violators; protecting, covering up or limiting the rights of administrative violators when they are handled for their administrative violations.

Chapter V
IMPLEMENTATION PROVISIONS

Article 30. Effect

1. This Decree takes effect from March 31, 2020. Provisions on disciplinary actions in the enforcement of law provisions on handling of administrative violations in Articles 22, 23, 24, 25 and 26, 27, 28 and 29 hereof take effect from July 1, 2020.

2. Article 21 of the Government’s Decree No. 81/2013/ND-CP dated July 19, 2013 detailing a number of articles and providing measures for implementing the Law on Handling of Administrative Violations (amended and supplemented under the Government s Decree No. 97/2017/ND-CP dated August 18, 2017 amending and supplementing a number of articles of the Government s Decree No. 81/2013/ND-CP dated July 19, 2013 detailing a number of articles and providing measures for implementing the Law on Handling of Administrative Violations) shall be annulled.

3. Disciplining of persons with jurisdiction to impose penalties and make records of administrative violations in the People s Army, the People s Public Security Forces and people doing cipher work, at the requests and proposals in the inspection conclusions, shall comply with relevant law provisions. However, those in the military units and agencies who are not commissioned officers, professional military personnel, non-commissioned officers, soldiers, and national defense industry employees, as well as people in Public Security agencies and units who are not public security officers, non-commissioned officers, soldiers, public security industry workers, and people in cipher agencies who do are not staffed to carry out cipher activities shall comply with the provisions hereof.

Article 31. Responsibilities of implementation

1. The Minister of Justice shall detail and guide the implementation of the articles, clauses and points assigned in this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, presidents of provincial/municipal People s Committees and concerned agencies, organizations and individuals shall be responsible for implementing this Decree.

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER

(Signed)

Nguyen Xuan Phuc

 

 

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