Decree No. 97/2017/ND-CP dated August 28, 2017 of the Government on amending and supplementing a number of articles of the Government’s Decree No. 81/2013/ND-CP of July 19, 2013, detailing a number of articles of, and providing measures to implement, the Law on Handling of Administrative Violations

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 81/2013/ND-CP of July 19, 2013, detailing a number of articles of, and providing measures to implement, the Law on Handling of Administrative Violations[1]

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

Pursuant to the June 20, 2012 Law on Handling of Administrative Violations;

At the proposal of the Minister of Justice;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 81/2013/ND-CP of July 19, 2013, detailing a number of articles of, and providing measures to implement, the Law on Handling of Administrative Violations.

Article 1.To amend and supplement a number of articles of the Government’s Decree No. 81/2013/ND-CP of July 19, 2013, detailing a number of articles of, and providing measures to implement, the Law on Handling of Administrative Violations

1. To amend and supplement Article 1 as follows:

“Article 1. Entities subject to sanctioning of administrative violations

1. To be sanctioned for administrative violations are individuals and organizations specified in Clause 1, Article 5 of the Law on Handling of Administrative Violations.

2. An organization shall be sanctioned for an administrative violation when the following conditions are fully met:

a/ It is a legal entity as defined by the civil law or another organization established in accordance with law;

b/ The administrative violation is committed by the representative or an assigned person on behalf of the organization or under the organization’s direction, administration, assignment or approval and subject to administrative sanctioning under law.

3. Organizations to be sanctioned for administrative violations must be specified in the decrees on sanctioning of administrative violations in the fields of state management.

4. In case a cadre, civil servant or public employee commits an act of violation while performing his/her public duty or task and his/her act is involved in his/her assigned public duty or task prescribed in a legal or administrative document issued by a competent agency or person, he/she will not be sanctioned in accordance with the law on handling of administrative violations but will be handled in accordance with the laws on cadres, civil servants and public employees.

A state agency that commits an act of violation involved in its assigned task of state management will not be sanctioned in accordance with the law on handling of administrative violations but will be handled in accordance with the relevant laws.”

2. To add Clause 3a below Clause 3, Article 5 as follows:

“3a. The head of a specialized inspection team is competent to sanction administrative violations falling under the inspection scope and contents in the inspection period in accordance with the law on inspection.

In case a decision on sanctioning of an administrative violation is complained about, a person that has issued the inspection decision shall receive, settle or direct the person that has issued the decision on sanctioning of administrative violation to settle the case in accordance with the laws on inspection and complaints.”

3. To amend and supplement Clause 4, Article 5 as follows:

“4. A decision on empowerment specified in Article 54; Clause 2, Article 87; and Clause 2, Article 123 of the Law on Handling of Administrative Violations must clearly state the scope, contents and duration of empowerment.

A decision on empowerment must clearly indicate its serial number, date of issuance and reference, and bear signatures and a seal. In case agencies or units of empowering persons may not use seals, they shall append seals of their superior agencies on empowerment decisions.

The legal grounds stated in a decision on sanctioning of an administrative violation issued by an empowered deputy must clearly indicate the serial number, date of issuance and reference of such decision.”

4. To add Clause 5a below Clause 5, Article 5 as follows:

“5a. If being empowered, deputies of persons competent to apply deterrent measures to prevent and secure the handling of administrative violations are competent to take deterrent measures to prevent and secure the handling of administrative violations prescribed in Clauses 2, 3, 4, 5, 6 and 7, Article 119 of the Law on Handling of Administrative Violations.”

5. To add Clause 6 below Clause 5a, Article 5 as follows:

“6. The empowerment shall be terminated in one of the following cases:

a/ The empowerment decision expires;

b/ The job for which the empowerment is made has been completed;

c/ The head terminates the empowerment to his/her deputy. In this case, the termination of empowerment must be expressed in a decision;

d/ The empowering or empowered person retires, quits his/her job, or is transferred, appointed, rotated or seconded, resigns, is relieved from duty, removed from office, demoted or suspended from his/her job in accordance with law;

dd/ The empowering or empowered person is dead or declared by court to have lost his/her civil act capacity, have his/her civil act capacity restricted, missing or dead;

e/ The job for which the empowerment is made remains uncompleted but the case must be transferred to another competent agency or person for handling in accordance with law;

g/ The empowering or empowered person is held in custody or detained to serve the investigation, prosecution or trial.”

6. To add Article 5a below Article 5 as follows:

“Article 5a. Competence to confiscate material evidences and means of organizations that commit administrative violations

Title holders competent to sanction administrative violations as specified in Clause 1 and 2, Article 38; Clauses 3, 4 and 5 Article 39; Clause 3, Article 40; Clauses 4, 5 and 6, Article 41; Clauses 3 and 4, Article 42; Clauses 2, 3 and 4, Article 43; Clauses 3 and 4, Article 44; Clauses 2 and 3, Article 45; Clauses 1, 2, 3 and 5, Article 46; Article 47; Clauses 1, 2 and 3, Article 48; and Clauses 2 and 4, Article 49 of the Law on Handling of Administrative Violations are competent to confiscate material evidences and means of organizations that commit administrative violations which have a value twice as high as those of individuals that commit administrative violations.”

7. To amend and supplement Clauses 1 and 2, Article 6 as follows:

“1. Persons competent to make written records of administrative violations include persons with sanctioning competence, civil servants and public employees, servicemen of the People’s Army and People’s Public Security forces who are on duty under legal or administrative documents issued by competent agencies or persons; aircraft or ship captains or train heads and persons assigned by these captains or heads to make written records.

Title holders competent to make written records are specified in the decrees on sanctioning of administrative violations in relevant fields of state management.

2. Persons competent to make written records of administrative violations but having no sanctioning competence specified in Clause 1 of this Article may only make written records of violations falling within their assigned official duties or tasks and shall take responsibility for the making of such written records.

For a violation case involves both violation falling under the sanctioning competence of the person that has made the written record and violation falling beyond the sanctioning competence of such person, he/she shall still make a written record of all these administrative violations and promptly hand such written record to the person competent to sanction these violations for sanctioning under Clause 3, Article 58 of the Law on Handling of Administrative Violations.”

8. To add Article 6a below Article 6 as follows:

“Article 6a. Amending, supplementing and correcting decisions on handling of administrative violations

1. A decision on handling of an administrative violation shall be amended or supplemented when:

a/ It has an error concerning drafting techniques which falsifies its contents;

b/ It has an error in its contents which does not substantially change its contents.

2. A decision on handling of an administrative violation shall be corrected when it has an error concerning drafting techniques which, however, does not falsify its contents.

3. When detecting an error in a decision on handling of an administrative violation as specified in Clauses 1 and 2 of this Article, the person that has issued such decision shall, by himself/herself or at the request of the head of his/her agency or unit, amend, supplement or correct the erroneous content of the decision.

4. A decision amending and supplementing, or a document correcting, a decision on handling of an administrative violation constitutes an integral part of the issued decision and shall be filed in the administrative violation sanctioning dossier.”

9. To add Article 6b below Article 6a as follows:

“Article 6b. Cancellation of decisions on handling of administrative violations or issuance of new ones

1. A person that has issued a decision on handling of an administrative violation shall cancel all contents of such decision in one of the following cases:

a/ There is a violation of law regarding the competence to, and procedure for, handling of administrative violations;

b/ The decision on handling of an administrative violation has been issued in one of the cases specified at Points a, b, c and d, Clause 1, Article 65 of the Law on Handling of Administrative Violations;

c/ The administrative violation sanctioning dossier or dossier for application of administrative handling measure has been forged or falsified as prescribed in Clause 10, Article 12 of the Law on Handling of Administrative Violations;

d/ There is a decision on initiation of a criminal case of the proceedings-conducting body for a violation case which shows signs of a crime under Clause 3, Article 62 of the Law on Handling of Administrative Violations.

2. Depending on the nature and severity of the error, the person that has issued the decision on sanctioning of an administrative violation shall cancel part or all contents of such decision in one of the following cases:

a/ There is a content error which substantially changes its contents.

b/ A decision on complaint settlement is issued by a person or an agency competent to settle complaints, leading to a change in the grounds and contents of the decision on handling of an administrative violation.

3. In the following cases, if there is a ground for issuance of a new decision on handling of an administrative violation, the person that has issued the decision shall issue a new decision or transfer the case to the person competent to issue a new decision:

a/ The cases specified at Points a, b and c, Clause 1, and Clause 2 of this Article;

b/ There is a court judgment or ruling on cancellation of part or all contents of the decision on handling of an administrative violation against which a lawsuit is initiated.”

10. To add Article 6c below Article 6b as follows:

“Article 6c. Time limit for amendment, supplementation, correction, cancellation of decisions on handling of administrative violations or issuance of new ones

The time limit for amendment, supplementation, correction, cancellation of a decision on handling of an administrative violation or issuance of a new one is 1 year after such decision is issued, except the case of expiration of the statute of limitations prescribed at Point a, Clause 1 or Point a, Clause 2 of Article 6 of the Law on Handling of Administrative Violations.”

11. To add Article 6d below Article 6c as follows:

“Article 6d. Effect and time limit of and statute of limitations for implementation of decisions amending, supplementing or cancelling decisions on handling of administrative violations, or new decisions on handling of administrative violations, or documents correcting decisions on handling of administrative violations

1. A decision amending, supplementing or cancelling a decision on handling of an administrative violation, a new decision on handling of an administrative violation, or a document correcting a decision on handling of an administrative violation takes effect on the date of its signing, or on the date stated in such decision.

2. The time limit for implementation of a decision amending or supplementing a decision on handling of an administrative violation or a new decision on handling of an administrative violation is 10 working days after the violator receives such decision. For a decision amending or supplementing a decision on application of the measure of education in commune, ward or township or a new decision on application of the measure of education in commune, ward or township, the violator shall execute such decision right after receiving it.

3. The statute of limitations for execution of a decision on handling of an administrative violation, a new decision on handling of an administrative violation is 1 year from the date of issuance. For a decision amending or supplementing a decision on application of the measure of education in commune, ward or township or a new decision on application of the measure of education in commune, ward or township, the statute of limitations for execution is 6 months from the date of issuance.”

12. To add Article 6dd below Article 6d as follows:

“Article 6dd. Responsibility of competent persons who have issued erroneous decisions on handling of administrative violations and examination and handling of their responsibility

1. A competent person who has issued an erroneous decision on handling of an administrative violation and his/her agency shall promptly apply measures to remedy consequences caused by the issuance and execution of such decision.

2. The examination and handling of responsibility of the person that has issued an erroneous decision on handling of an administrative violation must be based on contents, nature and severity of the error in the decision and consequences caused by the execution of such decision to related individuals and organizations, and on the nature and severity of the fault of the person that has issued or advised on the issuance of such decision.

3. The examination of responsibility shall be carried out as follows:

a/ The agency of the competent person that has issued an erroneous decision on handling of an administrative violation shall organize the critical review for identifying the responsibility of the person that has issued or advised on the issuance of such decision, and at the same time examine the responsibility of the head of the agency for the issuance of the erroneous decision;

b/ In the course of issuing or advising the issuance of an erroneous decision on handling of an administrative violation, the cadre, civil servant or public employee shall, based on the nature and severity of his/her fault and erroneous content of the decision, take the responsibility in accordance with the law on cadres, civil servants and public employees; if causing damage, they shall pay compensation in accordance with the law on liability of the State to pay compensation; in case of causing serious consequences, he/she may be requested to be examined for penal liability in accordance with law.”

13. To add Article 6e below Article 6dd as follows:

“Article 6e. Direct superiors of competent persons currently settling violation cases

The direct superior of a competent person who is settling a case of violation as specified in Article 66, 77, 125 or 128 of the Law on Handling of Administrative Violations is the immediate superior in the administrative relations with such competent person.”

14. To amend Clause 4, Article 7 as follows:

“4. When detecting that a license, a certificate or an operation registration certificate is intentionally erased, modified or falsified, the person with sanctioning competence shall revoke such license or certificate and notify such to the agency that has granted such license or certificate.”

15. To add Article 7a below Article 7 as follows:

“Article 7a. Application of the sanction of confiscation of material evidences and means of administrative violations

The sanction of confiscation of material evidences and means of administrative violations may only be applied when the decrees on sanctioning of administrative violations in the fields of state management prescribe this sanction for specific administrative violations.”

16. To add Point d below Point c, Clause 1, Article 10 as follows:

“d/ Paying fines for administrative violations in the field of road traffic into the State Treasury by the public-utility postal service.”

17. To amend and supplement Clause 2, Article 10 as follows:

“2. In case a sanctioning decision imposes only a fine but the sanctioned person does not reside or the sanctioned organization is not based in the locality where the violation is committed, the person with sanctioning competence may, at the request of the sanctioned person or organization, decide on fine payment in the form specified at Point b, Clause 1 of this Article and, within 2 working days after the issuance of the sanctioning decision, send it to the violator by post as a registered mail.

The sanctioned person or organization shall pay the fine into the account of the State Treasury indicated in the sanctioning decision within the time limit prescribed in Clause 1, Article 73 of the Law on Handling of Administrative Violations.

Within 5 working days after the fine is paid into the account of the State Treasury, the person who has temporarily seized papers to secure the sanctioning under Clause 6, Article 125 of the Law on Handling of Administrative Violations shall return to the sanctioned person or organization such papers by post as registered mails. Expenses for sending the sanctioning decision and returning seized papers are paid by the sanctioned person or organization.”

18. To add Point c1 below Point c, Clause 2, Article 11 as follows:

“c1/ The certificate of fine payment or written certification of fine payment for administrative violations in road traffic issued by a public postal service provider (if any);”

19. To amend and supplement Clause 3, Article 11 as follows:

“3. The issuance of fine receipts is prescribed as follows:

a/ The Ministry of Finance shall provide fine receipts to agencies or units of persons competent to sanction administrative violations and agencies and units collecting fines for administrative violations in accordance with law.

Postal service providers shall organize the printing and management of the certificate of fine payment or written certification of fine payment for administrative violations in road traffic by the public postal service;

b/ Distributing agencies or organizations shall notify in writing the distribution before the form of fine receipt or certificate of fine payment or written certification of fine payment for administrative violations in road traffic is put into use for the first time;

c/ Persons and organizations provided with fine receipts or certificates of fine payment or written certification of fine payment for administrative violations in road traffic shall manage and use such receipts under this Decree and other relevant regulations.”

20. To amend and supplement Clause 6, Article 11 as follows:

“6. The Minister of Finance shall specify contents and presentation of fine receipts and other fine collection documents; organize the printing, distribution, management and use of documents on collection of fines for administrative violations and interests for late fine payment, except the certificate of fine payment or written certification of fine payment for administrative violations in road traffic by the public postal service prescribed in Clause 3 of this Article.”

21. To add Article 11a below Article 11 as follows:

“Article 11a. Handling of material evidences and means which are illegally appropriated or used for commission of administrative violations and subject to confiscation

1. Temporarily seized material evidences and means which are illegally appropriated or used for commission of administrative violations and subject to confiscation shall be returned to their lawful owners, managers or users. In this case, individual or institutional violators shall pay a sum of money equal to the value of the administrative violation’s material evidences and means into the state budget in lieu of the confiscation of such material evidences and means; if failing to pay, they shall be forced to do so under Article 86 of the Law on Handling of Administrative Violations and the Government’s Decree No. 166/2013/ND-CP of November 12, 2013, on enforcement of decisions on sanctioning of administrative violations.

2. Depending on specific categories of material evidences and means of administrative violations, the valuation of such material evidences and means to determine equivalent sums of money to be paid into the state budget by individual or institutional violators must be based on one of the grounds prescribed in Clause 2, Article 60 of the Law on Handling of Administrative Violations. Competent persons who are handling cases of violation shall valuate such material evidences and means.

In case it is impossible to apply the grounds prescribed in Clause 2, Article 60 of the Law on Handling of Administrative Violations, competent persons who are handling cases of violation shall establishment valuation councils. The establishment of a valuation council must comply with Clause 3, Article 60 of the Law on Handling of Administrative Violations. All expenses related to the temporary seizure and valuation and damage caused by the temporary seizure of material evidences and means shall be borne by agencies of persons competent to issue decisions on temporary seizure.

3. The duration of, procedures for, and written records of, temporary seizure of material evidences and means which are illegally appropriated or used for commission of administrative violations and subject to confiscation must comply with Clauses 5, 8 and 9, Article 125 of the Law on Handling of Administrative Violations.

4. Within 2 working days after valuating material evidences and means to determine equivalent sums of money to be paid into the state budget by individual or institutional violators, persons issuing decisions on temporary seizure of such material evidences and means shall notify in writing the lawful owners, managers or users of the return of such material evidences and means, except where the lawful owners, managers or users are unidentifiable.

5. When returning temporarily seized material evidences and means, persons in charge of management and preservation if such materials evidences and means shall:

a/ Examine the decision on return of temporarily seized material evidences and means; the people’s identity card, passport or citizen identify card of the lawful owners, managers or users or their lawfully authorized persons; and documents of title or documents evidencing the management or use rights or other substitute papers prescribed by law, for assets subject to ownership and use right registration.

b/ Require the lawful owners, managers or users or their lawfully authorized persons to receive back material evidences and means, and individual or institutional violators to check categories, quantities, volume, quality, features and state of temporarily seized or confiscated material evidences and means against written records of temporary seizure to the witness of the persons in charge of management and preservation. Return and receipt of temporarily seized material evidences and means shall be recorded in writing with signatures of returners, receivers and individual or institutional violators. A written record of return of administrative violation’s papers, material evidences and means to their lawful owner, manager or user must be made in two copies, one to be kept by the lawful owner, manager or user, and the other kept by the individual or institutional violator.

6. Persons in charge of management and preservation shall return temporarily seized material evidences and means only when all the procedures prescribed at Point a, Clause 5 of this Article are completely carried out.

7. Past 3 working days from the date of receiving a notice prescribed in Clause 4 of this Article, if the lawful owner, manager or user fails come to claim the administrative violation’s material evidences and means without any plausible reason or if such lawful owner, manager or user is unidentifiable, the person that has issued the decision on temporary seizure shall make an announcement at least twice within 3 working days on a central mass media or mass media of the locality where material evidences and means are temporarily seized, and post up a notice at the office of the person competent to carry out temporary seizure. Within 30 days after making the last announcement or posting up the notice, if the lawful owner, manager or user fails to come to claim the administrative violation’s material evidences and means, the competent person shall issue a decision to confiscate such material evidences and means for handling in accordance with Article 82 of the Law on Handling of Administrative Violations and other relevant laws.

8. Forms and procedures for collection and payment of sums of money equivalent to value of violations’ material evidences and means into the state budget must comply with Article 10 of this Decree.”

22. To amend and supplement Clause 2, Article 12 as follows:

“2. After signing an asset auction contract, the agency that has issued the confiscation decision shall hand over the administrative violation’s material evidences and means and make a written record of the handover. Such a written record must clearly state the date of handover; person who hands over and person who receives the confiscated material evidences and means; signatures and seals (if any) of these persons; quantity and state of confiscated material evidences and means; the responsibility for preserving the confiscated material evidences and means for auction.

In case confiscated material evidences and means are bulky goods or in large quantities, the hired professional auction organization shall sign a contract on asset preservation with the agency currently keeping such material evidences and means. Place for conducting auction of such assets must comply with the law on asset auction.”

23. To add Article 12a below Article 12 as follows:

“Article 12a. Determination of competence to handle in case administrative violations’ material evidences are banned goods

“1. In case the decrees on sanctioning of administrative violations in the fields of state management have provisions on value or quantity of banned goods and fine frame applicable to administrative violations involving material evidences being banned goods, the handling competence shall be determined under Chapter II, Part Two of the Law on Handling of Administrative Violations and the decrees on sanctioning of administrative violations.

Administrative violations’ material evidences being banned goods other than those mentioned above shall not be valuated, and case files shall be transferred to persons competent to sanction violations specified Clause 2 of this Article.

2. Sanctioning competence in case administrative violations’ material evidences are banned goods shall be determined on the following principles:

a/ If a competent person who is handling a case is the person with the highest sanctioning competence in the relevant field of state management, he/she is still competent to sanction the violation.

b/ If a competent person who is handling a case is neither the person with the highest sanctioning competence in the relevant field of state management nor a provincial-level People’s Committee chairperson, he/she shall transfer the case of violation to the chairperson of the provincial-level People’s Committee of the locality where the violation is committed or to the person with the highest sanctioning competence in the relevant field of state management for issuing a sanctioning decision.

3. The competence to decide on temporary seizure of material evidences of administrative violations which are banned goods must comply with Clauses 3 and 4, Article 125 of the Law on Handling of Administrate Violations and Clause 2 of this Article.”

24. To amend and supplement Clause 3, Article 16 as follows:

“3. A dossier for application of the measure of consignment to a compulsory drug rehabilitation center shall also be made for a person currently participating in a voluntary family- or community-based drug rehabilitation program or a person currently undergoing opioid substitution treatments”.

25. To amend and supplement Clauses 1 and 3 of Article 19 as follows:

“Article 19. Formulation and improvement of the law on handling of administrative violations

1. To study, review, formulate and improve the policies and law on handling of administrative violations.

3. To monitor the implementation of the law on handling of administrative violations.”

26. To amend and supplement Point d, Clause 1 of Article 21 as follows:

“d/ Observance of the regime of reporting and making statistics on handling of administrative violations;”

27. To add Point g below Point e, Clause 1 of Article 21:

“g/ Monitoring of the implementation of the law on handling of administrative violations.”

28.To add Points dd and e below Point d, Clause 2, Article 21:

“dd/ Through the monitoring of the implementation of the law on handling of administrative violations, a sign of infringement upon lawful rights and interests of organizations and individuals is detected in the application of the law on handling of administrative violations;

e/ When receiving reports of organizations and individuals on inaccurate application of the law on handling of administrative violations or signs of infringement upon lawful rights and interests of organizations and individuals.”

29.To amend and supplement Point a, Clause 4 of Article 21 as follows:

“a/ The Minister of Justice shall issue examination decisions for the cases specified at Points a, b and d, Clause 2 of this Article. The Minister of Justice shall make and send written requests to related agencies and organizations for consideration and examination of cases and reporting on results to the Ministry of Justice, for the cases specified at Points dd and e, Clause 2 of this Article. The Minister of Justice shall report to the Prime Minister for consideration and decision the cases specified at Point d, dd and e, Clause 2 of this Article which are complicated or of interdisciplinary or national nature;”

30.To add Point a1 below Point a, Clause 4 of Article 21:

“a1/ Ministers and heads of ministerial-level agencies shall issue examination decisions for the cases specified at Point a, b, dd and e, Clause 2 of this Article in the fields under their management;”

31.To amend and supplement Clauses 2, 3, 4 of, and add Clause 5 to, Article 25 as follows:

“Article 25. Reports on the implementation of the law on handling of administrative violations

2. A report on sanctioning of administrative violations must contain:

a/ General evaluation and assessment of the situation of administrative violations and sanctioning of administrative violations in the locality or sector;

b/ Number of detected and handled violations; violators; application of sanctions and remedial measures; measures to deter and assure sanctioning of administrative violations; common violations;

c/ Results of the execution of sanctioning decisions: Total collected fine amount; total proceeds from the sale and liquidation of confiscated material evidences and means; serial numbers of licenses and practice certificates deprived of the use right for a definite time; number of violators suspended form operation for a definite time; total number of sanctioning decisions; number of unexecuted sanctioning decisions; number of decisions on fine payment postponement, reduction or exemption; number of violation cases subject to enforcement; number of violation cases subject to complaints or lawsuits;

d/ Number of minor violators subject to the measure of admonition in substitution for administrative handling measures;

dd/ Number of case files showing signs of crime transferred to competent agencies for penal liability examination;

e/ Difficulties and problems in the implementation of the law on handling of administrative violations; proposals and recommendations.

3. A report on the application of administrative handling measures must contain:

a/ General evaluation and assessment of the application of the measure of commune-, ward- or township-based education and making of dossiers of request for application of administrative violation measures in localities; number of violation cases against which complaints or lawsuits are made or brought;

b/ Number of violators for whom dossiers of request for application of the measure of commune-, ward- or township-based education are made and number of violators for whom dossiers of request for application of administrative handling measures by the court are made; number of violators subject to the measure of commune-, ward- or township-based education and number of violator subject to the application of administrative handling measures by the court;

c/ Number of minor violators subject to the measure of family-based management in substitution for administrative handling measures;

d/ Remarks and assessments of the execution of decisions on application of administrative handling measures decided by the court; number of cases eligible for postponement of or exemption from execution of such decisions;

dd/ Number of persons currently consigned to compulsory detoxification establishments; number of persons eligible for reduction of the execution duration or suspension or exemption from the execution of this measure for the remaining duration;

e/ Number of persons currently consigned to compulsory education institutions or reformatories; number of persons eligible for reduction of the execution duration or suspension or exemption from execution of this measure for the remaining duration;

g/ Difficulties and problems; proposals and recommendations.

4. The period for collection of data for biannual reports is from January 1 to June 30 every year; for annual reports, that period is from January 1 to December 31 every year.

5. The Minister of Justice shall detail the regime of reporting on implementation of the law on handling of administrative violations on a biannual or an annual basis.”

32.To amend and supplement Clause 2 of Article 27 as follows:

“2. To make reports on the sanctioning of administrative violations according to their sanctioning competence with the contents specified in Clause 2, Article 25 of this Decree. Ministries and ministerial-level agencies, which are structured into a hierarchical system, shall also summarize data of their attached units in provinces and centrally run cities and send them to the Minister of Justice before July 20, for biannual reports; and before January 20 of the subsequent year, for annual reports.

The Ministry of Labor, War Invalid and Social Affairs shall report on the application of the measure of consignment to compulsory drug rehabilitation centers with the contents specified at Points d, dd and g, Clause 3, Article 25 of this Decree.

The Ministry of Public Security shall report on the application of the measure of education in communes, wards or townships; consignment to reformatories or compulsory education institutions, with the contents specified at Points a, b, d, e, and g, Clause 3, Article 25 of this Decree.”

33.To amend and supplement Clause 1, Article 30 as follows:

“1. Report on the implementation of the law on handling of administrative violations:

a/ Chairpersons of commune-level People’s Committees shall report on the implementation of the law on handling of administrative violations in the fields under their management to district-level People’s Committees before July 5, for biannual reports, or before January 5 of the subsequent year, for annual reports;

District-level Justice Sections shall advise and assist chairpersons of district-level People’s Committees in reporting on the implementation of the law on handling of administrative violations in their localities;

b/ Heads of professional agencies of provincial-level People’s Committees and attached units of ministries and ministerial-level agencies in provinces or centrally run cities, and district-level People’s Committees shall report on the implementation of the law on handling of administrative violations in the fields under their management to provincial-level Justice Departments before July 10, for biannual reports, or before January 10 of the subsequent year, for annual reports, so that provincial-level Justice Departments can summarize and send these reports to provincial-level People’s Committees.

Provincial-level Justice Departments shall advise and assist chairpersons of provincial-level People’s Committees in reporting on the implementation of the law on handling of administrative violations in their localities.

c/ Chairpersons of provincial-level People’s Committees shall send reports on the implementation of the law on handling of administrative violations in the fields under their management to the Ministry of Justice before  July 20, for biannual reports, or before January 20 of the subsequent year, for annual reports;

To serve the monitoring of handling of administrative violations in localities, chairpersons of provincial-level People’s Committees are not required to summarize data on handling of administrative violations of agencies based in provinces or centrally run cities in their reports on implementation of the law on handling of administrative violations before sending them to the Ministry of Justice;

d/ Chairpersons of People’s Committees at all levels shall, within the ambit of their powers, report on the contents specified in Clause 2, Article 25 of this Decree.

Chairpersons of provincial-level People’s Committees shall report on the contents specified at Points a, b, c and g, Clause 3, Article 25 of this Decree.”

34.To amend and supplement Article 32 as follows:

“Article 32. Forms of written records and decisions to be used in the sanctioning of administrative violations

Attached to this Decree are appendices providing forms of written records and decisions to be used in the sanctioning of administrative violations.

Based on the forms of written records and decisions provided in the appendices to this Decree, ministers, heads of ministerial-level agencies and provincial-level People’s Committees may issue suitable written record and decision forms for use in their sectors, fields and localities and prescribe the management and use of these forms in the sanctioning of administrative violations. When necessary, to meet the state management requirements, ministers and heads of ministerial-level agencies may issue written record and decision forms and other necessary forms after reaching agreement with the Minister of Justice.

The forms of written records and decisions to be used in the sanctioning of administrative violations shall be stored in the paper or electronic forms. Competent agencies and persons may use pre-printed forms or print such forms by themselves under regulations.”

Article 2.Implementation organization responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies shall implement this Decree.

Article 3.Transitional provisions

Provisions of Clause 3, Article 1 of the Government’s Decree No. 81/2013/ND-CP of July 19, 2013, detailing a number of articles of, and measures to implement, the Law on Handling of Administrative Violations, which is amended and supplemented under this Decree, shall no longer be applied in case the decrees on handling of administrative violations in the fields of state management are promulgated prior to the effective date of this Decree.

Article 4.Effect

1. This Decree takes effect on October 5, 2017.

2. To annul Point g, Clause 3, Article 25 of the Government’s Decree No. 81/2013/ND-CP of July 19, 2013, detailing a number of articles of, and providing measures to implement, the Law on Handling of Administrative Violations.

3. To annul the Appendix providing forms of written records and decisions to the Government’s Decree No. 81/2013/ND-CP of July 19, 2013, detailing a number of articles of, and providing measures to implement, the Law on Handling of Administrative Violations.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC