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
Issuing body: GovernmentEffective date:
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Official number:19/2020/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:12/02/2020Effect status:
Known

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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.

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ENGLISH DOCUMENTS

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Decree 19/2020/NĐ-CP PDF

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Decree No. 23/2023/ND-CP dated May 12, 2023 of the Government amending and supplementing a number of articles of the Government’s Decree No. 89/2016/ND-CP dated July 1, 2016, prescribing conditions for foreign exchange agency and provision of foreign currency receipt and payment services of economic organizations and the Government’s Decree No. 88/2019/ND-CP dated November 14, 2019, on penalties for administrative violations against currency and banking regulations

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Administrative violation , Finance - Banking

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