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

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Issuing body:	Government	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	97/2017/ND-CP	Signer:	Nguyen Xuan Phuc
Type:	Decree	Expiry date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Issuing date:	18/08/2017	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Administration , Administrative violation , Justice

SUMMARY

Handling of material evidences for commission of administrative violations

On August 18, 2017, the Government issued the Decree No. 97/2017/ND-CP 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.

Firstly, the Decree also supplement regulations on Handling of material evidences and means which are illegally appropriated or used for commission of administrative violations and subject to confiscation. 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.

Also in accordance with this Decree, 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. At the same time, 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.

Besides, the Decree prescribes that organizations, individual can pay fines for administrative violations in the field of road traffic into the State Treasury by the public-utility postal service.

This Decree takes effect on October 05, 2017.

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Effect status: Known

THE GOVERNMENT		THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness
No. 97/2017/ND-CP		Hanoi, August 18, 2017

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.

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LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency