Law 67/2020/QH14 Amending, Supplementing Law on Administrative Violations

LAW

Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 15/2012/QH13 on Handling of Administrative Violations, which was amended and supplemented under Law No. 54/2014/QH13 and Law No. 18/2017/QH14

Article 1. To amend and supplement a number of articles of the Law on Handling of Administrative Violations

1. To amend and supplement Clause 5, Article 2 as follows:

“5. Recidivism means a case in which an individual or organization repeats the administrative violation for which he/she/it has been sanctioned under a decision on sanctioning of such violation while the time limit upon the expiration of which he/she/it is regarded as having never been administratively sanctioned has not expired; or a case in which an individual repeats the violation for which he/she is subject to application of an administrative handling measure under a decision on application of such measure while the time limit upon the expiration of which he/she is regarded as having never been subject to application of such measure has not expired.”.

2. To amend and supplement Point d, Clause 1, Article 3 as follows:

“d/ Administrative sanctioning may be conducted only when a law-prescribed administrative violation is committed.

An administrative violation shall be sanctioned only once.

If many persons jointly commit an administrative violation, each of them shall be sanctioned for such violation.

If a person commits many administrative violations or repeats an administrative violation, he/she shall be sanctioned for each violation, unless the repeated administrative violation is an aggravating circumstance as specified by the Government;”.

3. To amend and supplement Article 4 as follows:

“Article 4. Competence to prescribe the sanctioning of administrative violations and the application of administrative handling measures

1. In pursuance to this Law, the Government shall specify:

a/ Administrative violations; completed and in-progress administrative violations; sanctions, sanctioning levels and remedial measures for each administrative violation; entities subject to sanctioning; sanctioning competence of and specific fines to be imposed by each title holder, and competence to make written records of administrative violations; application of sanctions against administrative violations and remedial measures in each field of state management;

b/ Application of administrative handling measures.

2. Forms used in the handling of administrative violations must comply with the Government’s regulations.

3. In pursuance to this Law, the National Assembly Standing Committee shall prescribe the sanctioning of administrative violations in state audit activities and sanctioning of acts obstructing procedural activities.”.

4. To amend and supplement a number of points of Clauses 1 and 2, Article 6 as follows:

a/ To amend and supplement Point a, Clause 1 as follows:

“a/ The statute of limitations for sanctioning an administrative violation is 1 year, except the following cases:

The statute of limitations for sanctioning an administrative violation is 2 years, for administrative violations in the fields of accounting; invoices; charges and fees; insurance business; price management; securities; intellectual property; construction; fisheries; forestry; survey, planning, exploration, exploitation and utilization of water resource; petroleum and other mineral activities; environmental protection; atomic energy; house and working office management and development; land; dikes; press; publication; goods production, export, import and trading; production and trading of banned goods and counterfeit goods; and management of overseas labor.

The statute of limitations for sanctioning tax-related administrative violations must comply with the law on tax administration;”;

b/ To amend and supplement Points a and b, Clause 2 as follows:

“a/ The statute of limitations for applying the measure of education in communes, wards or townships is 1 year from the date an individual commits a violation specified in Clause 1, Article 90; 6 months from the date an individual commits a violation specified in Clause 2, Article 90; 6 months from the date an individual commits for the last time any of the violations specified in Clauses 3, 4 and 6, Article 90; or 3 months from the date an individual commits for the last time a violation specified in Clause 5, Article 90, of this Law;

b/ The statute of limitations for applying the measure of consignment to a reformatory is 1 year from the date an individual commits a violation specified in Clause 1 or 2, Article 92; or 6 months from the date an individual commits any of the violations specified in Clauses 3 and 4, Article 92, of this Law;”;

c/ To add Point dd below Point d, Clause 2 as follows:

“dd/ Within the statute of limitations specified at Point a, b, c or d of this Clause, if individuals intentionally shirk or obstruct the application of administrative handling measures, the statute of limitations for sanctioning their violations shall be re-counted from the time when the act of shirking or obstructing the application of administrative handling measures stops.”.

5. To amend and supplement a number of clauses of Article 12 as follows:

a/ To amend and supplement Clause 6 as follows:

“6. Improperly identifying administrative violations; improperly or inadequately applying sanctions, sanctioning levels or remedial measures against administrative violations.”;

b/ To add Clause 8a below Clause 8 as follows:

“8a. Failing to monitor, urge, inspect or organize the enforcement of sanctioning decisions and remedial measures.”.

6. To amend and supplement a number of clauses of Article 17 as follows:

a/ To add Point dd below Point d, Clause 2 as follows:

“dd/ To provide reporting regimes and statistical forms in the handling of administrative violations.”;

b/ To amend and supplement Clause 4 as follows:

“4. Within the ambit of their tasks and powers, the Supreme People’s Court and the State Audit Office of Vietnam shall comply with Clause 2 of this Article and send to the Ministry of Justice annual reports on the handling of administrative violations falling under its management; and direct people’s courts at all levels and agencies of the State Audit Office of Vietnam in reporting and providing information on the handling of administrative violations.”;

c/ To amend and supplement Clause 6 as follows:

“6. Agencies of persons competent to sanction administrative violations, people’s courts competent to decide on application of administrative handling measures, agencies executing sanctioning decisions or decisions to enforce sanctioning decisions, and agencies executing decisions on application of administrative handling measures shall provide and update information on and results of the handling of administrative violations falling within their competence and management scope to the national database on the handling of administrative violations.”.

7. To amend and supplement Clause 3, Article 18 as follows:

“3. Within the ambit of their tasks and powers, ministers, heads of ministerial-level agencies, chairpersons of People’s Committees at all levels, and heads of agencies or units or persons competent to handle administrative violations shall detect errors in decisions on the handling of administrative violations that are issued by themselves or their subordinates and promptly correct, modify, supplement or cancel these decisions or issue new ones according to their competence.

The Government shall detail this Clause.”.

8. To amend and supplement Clause 3, Article 21 as follows:

“3. An administrative violation shall be subject to one principal sanction together with one or more than one additional sanction.

An additional sanction may be imposed together with a principal sanction, except the case specified in Clause 2, Article 65 of this Law.”.

9. To amend and supplement Clauses 3 and 4, Article 23 as follows:

“3. Based on violations and fine frames or levels specified in the Government’s decrees and particular socio-economic management requirements of their respective localities, People’s Councils of centrally run cities may decide on fine frames or specific fine levels for violations in the fields specified in Clause 1 of this Article which, however, must not exceed the maximum fine(s) applicable to relevant fields specified in Article 24 of this Law.

4. A specific fine to be imposed for an administrative violation is the average of the fine frame set for such violation. If such violation involves an extenuating circumstance, the fine may be reduced but must not be lower than the minimum level of the fine frame. If such violation involves an aggravating circumstance, the fine may be increased but must not exceed the maximum level of the fine frame.

The Government shall detail this Clause.”.

10. To amend and supplement a number of clauses of Article 24 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. Maximum fine levels applicable to the fields of state management to be imposed on individuals are specified as follows:

a/ VND 30,000,000, for violations in the fields of marriage and family; gender equality; domestic violence; archive, belief and religion; emulation and commendation; judicial administration; population; environmental sanitation; statistics; and external affairs;

b/ VND 40,000,000, for violations in the fields of security and social order and safety; acts obstructing procedural activities; enforcement of civil judgments; bankruptcy of enterprises and cooperatives; e-transactions; and post;

c/ VND 50,000,000, for violations in the fields of fire prevention and fighting; rescue and salvage; judicial support; preventive medicine; HIV/AIDS prevention and control; culture; sports; tourism; science and technology management; technology transfer; child protection and care; social protection and relief; natural disaster prevention and control; plant protection and quarantine; management and preservation of gene sources (except domestic animal breed genes); crop production (except fertilizers); animal health; accounting; independent audit; charges and fees; management of public property; invoices; national reserves; chemicals; hydro-meteorology; survey and mapping; enterprise registration; and state audit;

d/ VND 75,000,000, for violations in the fields of cipher; management and protection of national borders; national defense and security; labor; education; vocational education; road transport; railway transport; inland waterway navigation; health insurance; social insurance; unemployment insurance; and social evil prevention and control;

dd/ VND 100,000,000, for violations in the fields of dikes; medical examination and treatment; cosmetics; pharmaceuticals and medical equipment; livestock production; fertilizer production and trading; advertising; betting and prize-winning games; management of overseas labor; maritime navigation; civil aviation; management and protection of traffic works; information technology; telecommunications; radio frequencies; cyber security; cyberinformation security; publication; printing; commerce; customs and tax procedures; lottery business; insurance business; thrift practice and waste combat; management of explosive materials; and electricity;

e/ VND 150,000,000, for violations in the fields of price management; exploitation, production and trading of construction materials; management of technical infrastructure facilities; management and development of houses and working offices; bidding; and investment;

g/ VND 200,000,000, for violations in the fields of production and trading of banned goods or counterfeit goods; and protection of consumer interests;

h/ VND 250,000,000, for violations in the fields of survey, planning, exploration, exploitation and use of water resources; hydraulic work; intellectual property; and press;

i/ VND 500,000,000, for violations in the fields of construction; forestry; land; and real estate business;

k/ VND 1,000,000,000, for violations in the fields of management of the maritime zones, islands and continental shelf of the Socialist Republic of Vietnam; management of nuclear power, radioactive substances and atomic energy; currency, precious metals, gems, banking and credit; petroleum and other mineral activities; environmental protection; and fisheries.”;

b/ To amend and supplement Clause 3 as follows:

“3. Maximum fine levels applicable to the fields of taxation; metrology; food safety; product and goods quality; securities; and competition must comply with relevant laws.”.

11. To amend and supplement Clause 3, Article 25 as follows:

“3. The duration of deprivation of the right to use licenses or practice certificates or suspension of operation specified in Clauses 1 and 2 of this Article is between 1 month and 24 months from the date the sanctioning decision takes effect. Persons with sanctioning competence shall keep licenses or practice certificates in the duration of deprivation of the right to use such licenses or practice certificates.

The duration of deprivation of the right to use licenses or practice certificates or suspension of operation for an administrative violation is the average of the time frame of such deprivation or suspension set for that violation. If such violation involves an extenuating circumstance, the duration of deprivation of the right to use licenses or practice certificates or suspension of operation may be reduced but must not be lower than the minimum level of the law-prescribed time frame of deprivation or suspension. If such violation involves an aggravating circumstance, the duration of deprivation of the right to use licenses or practice certificates or suspension of operation may be increased but must not exceed the maximum level of the law-prescribed time frame of such deprivation or suspension.

The Government shall detail this Clause.”.

12. To amend and supplement a number of clauses of Article 39 as follows:

a/ To amend and supplement the first paragraph of Clause 2 as follows:

“2. Heads of company-level mobile police units, station chiefs and team heads of the persons specified in Clause 1 of this Article may:”;

b/ To amend and supplement the first paragraph  of Clause 3 as follows:

“3. Chiefs of commune-level police offices, chiefs of police stations and chiefs of police offices of border gates or export processing zones, heads of border-gate police offices of international airports, heads of mobile police battalions, and heads of marine squads may:”;

c/ To amend and supplement the first paragraph  of Clause 4 as follows:

“4. Chiefs of district-level police offices; heads of professional divisions of the Internal Political Security Department; heads of the professional divisions of the Police Department for Administrative Management of Social Order; heads of the professional divisions of the Traffic Police Department; heads of the professional divisions of the Fire Prevention and Fighting, Salvage and Rescue Police Department; heads of the professional divisions of the Department for Cyber Security and Hi-Tech Crime Prevention and Combat; heads of the professional divisions of the Immigration Department; and heads of divisions of provincial-level of Departments of Public Security, including heads of the Internal Political Security Divisions, heads of Police Divisions for Administrative Management of Social Order, heads of Police Divisions for Investigation of Corruption, Economic and Smuggling Crimes, heads of Police Divisions for Investigation of Drug-Related Crimes, heads of Traffic Police Divisions, heads of Road and Railway Traffic Police Divisions, heads of Road Traffic Police Divisions, heads of Waterways Police Divisions, heads of Mobile Police Divisions, heads of Safeguard Police Divisions, heads of Police Divisions for Execution of Criminal Judgments and Judicial Support, heads of Police Divisions for Environmental Crime Prevention and Combat, heads of Fire Prevention and Fighting, Salvage and Rescue Police Divisions, heads of Cyber Security and Hi-Tech Crime Prevention and Combat Divisions, heads of Immigration Divisions, heads of Economic Security Divisions, heads of External Security Divisions, heads of Mobile Police Regiments, and heads of marine battalions may:”;

d/ To amend and supplement the first paragraph of Clause 5 as follows:

“5. Directors of provincial-level Departments of Public Security may:”;

dd/ To amend and supplement the first paragraph of Clause 6 as follows:

“6. The Director of the Internal Political Security Department, Director of the Economic Security Department, Director of the Police Department for Administrative Management of Social Order, Director of Police Department for Investigation of Social Order-Related Crimes, Director of the Police Department for Investigation of Corruption, Economic and Smuggling Crimes, Director of the Police Department for Drug-Related Crimes, Director of the Traffic Police Department, Director of the Fire Prevention and Fighting, Salvage and Rescue Police Department, Director of the Environmental Crime Prevention and Combat Police Department, Director of the Cyber Security and Hi-Tech Crime Prevention and Combat Department, Director of the Internal Security Department, Director of the Police Department for Custody, Temporary Detention and of Criminal Judgment Execution in the Community, and Commander of the Mobile Police Department may:”.

13. To amend and supplement a number of clauses of Article 40 as follows:

a/ To add Clause 2a below Clause 2 as follows:

“2a/ Heads of drug and crime prevention and combat task force teams under drug and crime prevention and combat task force regiments may:

a/ Impose caution;

b/ Impose fines of up to 10% of the maximum fine levels applicable to relevant fields specified in Article 24 of this Law, which must not exceed VND 10,000,000.

c/ Confiscate material evidences and means used in administrative violations of a value not exceeding twice the fine level specified at Point b of this Clause;

d/ Apply the remedial measures specified at Points a, c, and dd, Clause 1, Article 28 of this Law.”;

b/ To amend and supplement Clause 3 and add Clause 3a below Clause 3 as follows:

“3. Chiefs of border-guard stations, heads of border-guard flotillas, and commanders of commanding boards of port border-gate guards at ports may:

a/ Impose caution;

b/ Impose fines of up to 20% of the maximum fine levels applicable to relevant fields specified in Article 24 of this Law, which must not exceed VND 25,000,000;

c/ Confiscate material evidences and means used in administrative violations of a value not exceeding twice the fine level specified at Point b of this Clause;

d/ Apply the remedial measures specified at Points a, c, d, dd and k, Clause 1, Article 28 of this Law.

3a. Heads of drug and crime prevention and combat task force regiments of Drug and Crime Prevention and Combat Department under the Border Guard High Command may:

a/ Impose caution;

b/ Impose fines of up to 50% of the maximum fine levels applicable to relevant fields specified in Article 24 of this Law, which must not exceed VND 100,000,000;

c/ Confiscate material evidences and means used in administrative violations of a value not exceeding twice the fine level specified at Point b of this Clause;

d/ Apply remedial measures specified at Points a, c, d, dd, i and k, Clause 1, Article 28 of this Law.”;

c/ To amend and supplement Clause 4 as follows:

“4. Commanders of provincial-level border guards; chiefs of border-guard fleets and the Director of the Drug and Crime Prevention and Combat Department under the Border-Guard High Command may: 

a/ Impose caution;

b/ Impose fines of up to the maximum fine levels applicable to relevant fields specified in Article 24 of this Law;

c/ Deprive of the right to use licenses or practice certificates for a definite period of time or suspend operation for a definite period of time; 

d/ Confiscate material evidences and means used in administrative violations;

dd/ Apply the remedial measures specified at Points a, c, d, dd, i and k, Clause 1, Article 28 of this Law.”.

14. To amend and supplement a number of clauses of Article 41 as follows:

a/ To amend and supplement the first paragraph of Clause 5 as follows:

“5. Chiefs of coast guard fleets; heads of reconnaissance teams, and heads of drug-related crime prevention and combat task force regiments of the High Command of the Vietnam Coast Guard may:”;

b/ To amend and supplement Clause 6 as follows:

“6. Coast Guard regional commanders, and the Director of the Professional and Legal Department of the High Command of the Vietnam Coast Guard may:

a/ Impose caution;

b/ Impose fines of up to 50% of the maximum fine levels applicable to relevant fields specified in Article 24 of this Law, which must not exceed VND 100,000,000;

c/ Deprive of the right to use licenses or practice certificates for a definite period of time;

d/ Confiscate material evidences and means used in administrative violations;

dd/ Apply the remedial measures specified at Points a, c, d, dd and k, Clause 1, Article 28 of this Law.”;

c/ To amend and supplement the first paragraph of Clause 7 as follows:

“7. The Vietnam Coast Guard Commander may:”.

15. To amend and supplement Article 42 as follows:

“Article 42. Competence of customs authorities

The sanctioning competence of customs authorities for incorrect declarations of tax leading to a decrease in payable tax amounts or an increase in tax amounts eligible for exemption, reduction, refund or non-collection; tax evasion; or violations committed by commercial banks that fail to deduct and transfer payable tax arrears of taxpayers from taxpayers’ accounts to the state budget’s accounts at the request of tax administration offices must comply with the Law on Tax Administration. For other administrative violations, the sanctioning competence of customs authorities is as follows:

1. Customs officers on duty may: 

a/ Impose caution;

b/ Impose fines of up to VND 500,000;

2. Heads of customs teams and squads of Customs Branches; heads of groups under customs control teams of provincial, inter-provincial or municipal Customs Departments; and heads of customs teams of Post-Customs Clearance Inspection Branches may: 

a/ Impose caution;

b/ Impose fines of up to VND 5,000,000.

3. Heads of Customs Branches; heads of Post-Customs Clearance Inspection Branches; heads of customs control teams of provincial, inter-provincial or municipal Customs Departments; heads of Criminal Investigation Teams; heads of Anti-Smuggling Control Teams; chiefs of marine control flotillas, and heads of Control Teams to Combat Smuggling of Counterfeit Goods and Protect Intellectual Property Rights of the Anti-Smuggling Investigation Department; and heads of Post-Customs Clearance Inspection Branches of the Post-Customs Clearance Inspection Department may:

a/ Impose caution;

b/ Impose fines of up to VND 25,000,000;

c/ Confiscate material evidences and means used in administrative violations of a value not exceeding twice the fine level specified at Point b of this Clause;

d/ Apply the remedial measures specified at Points d, dd, g, i and k, Clause 1, Article 28 of this Law;

4. The Director of the Anti-Smuggling Investigation Department and Director of the Post-Customs Clearance Inspection Department of the General Department of Customs, and directors of provincial, inter-provincial and municipal Customs Departments may: 

a/ Impose caution;

b/ Impose fines of up to VND 50,000,000;

c/ Deprive of the right to use licenses or practice certificates for a definite period of time or suspend operation for a definite period of time; 

d/ Confiscate material evidences and means used in administrative violations;

dd/ Apply the remedial measures specified at Points d, dd, g, i and k, Clause 1, Article 28 of this Law;

5. The Director General of the General Department of Vietnam Customs may:

a/ Impose caution;

b/ Impose fines of up to the maximum fine levels applicable to relevant fields specified in Article 24 of this Law;

c/ Confiscate material evidences and means used in administrative violations;

d/ Apply the remedial measures specified at Points d, dd, g, i and k, Clause 1, Article 28 of this Law.”.

16. To amend and supplement the first paragraph of Clause 4, Article 43 as follows:

“4. Heads of Forest Protection Branches; heads of Regional Forest Protection Branches, and heads of Forest Protection Task Force Teams under the Forest Protection Department may:”.

17. To add Article 43a below Article 43 as follows:

“Article 43a. Competence of the Fisheries Resources Surveillance Force

1. Fisheries resources surveillance officers on duty may: 

a/ Impose caution;

b/ Impose fines of up to VND 2,000,000;

c/ Confiscate material evidences and means used in administrative violations of a value not exceeding twice the fine level specified at Point b of this Clause.

2. Heads of fisheries resources surveillance stations under Regional Fisheries Resources Surveillance Branches may:

a/ Impose caution;

b/ Impose fines of up to VND 10,000,000;

c/ Confiscate material evidences and means used in administrative violations of a value not exceeding twice the fine level specified at Point b of this Clause;

d/ Apply the remedial measures specified at Points a, b and i, Clause 1, Article 28 of this Law.

3. Heads of Regional Fisheries Resources Surveillance Branches may:

a/ Impose caution;

b/ Impose fines of up to VND 100,000,000;

c/ Confiscate material evidences and means used in administrative violations;

d/ Apply the remedial measures specified at Points a, b, d, i and k, Clause 1, Article 28 of this Law.

4. The Director of the Fisheries Resources Surveillance Department may:

a/ Impose caution;

b/ Impose fines of up to the maximum fine level applicable to relevant fields specified in Article 24 of this Law;

c/ Deprive of the right to use licenses or practice certificates for a definite period of time or suspend operation for a definite period of time; 

d/ Confiscate material evidences and means used in administrative violations;

dd/ Apply the remedial measures specified at Points a, b, d, i and k, Clause 1, Article 28 of this Law.”.

18. To add the following paragraph before Clause 1, Article 44:

“The sanctioning competence of tax offices for incorrect declarations of tax leading to a decrease in payable tax amounts or an increase in tax amounts eligible for exemption, reduction, refund or non-collection; tax evasion; or violations committed by commercial banks that fail to deduct and transfer payable tax arrears of taxpayers from taxpayers’ accounts to the state budget’s accounts at the request of tax administration offices must comply with the Law on Tax Administration. For other administrative violations, the sanctioning competence of tax offices is as follows:”.

19. To amend and supplement a number of clauses of Article 45 as follows:

a/ To amend and supplement the first paragraph of Clause 2 as follows:

“2. Heads of market surveillance teams and heads of professional divisions of the Market Surveillance Professional Department may:”;

b/ To amend and supplement the first paragraph of Clause 3 as follows:

“3. Directors of provincial-level Market Surveillance Departments, and the Director of the Market Surveillance Professional Department of the Vietnam Directorate of Market Surveillance may:”;

c/ To amend and supplement the first paragraph of Clause 4 as follows:

“4. The General Director of the Vietnam Directorate of Market Surveillance may:”.

20. To add Article 45a below Article 45 as follows:

“Article 45a. Competence of the National Competition Committee

The sanctioning competence of the National Competition Committee for practices of reaching agreement on competition restraint, abusing the dominant market position, abusing the monopoly position, economic concentration and unfair competition must comply with the Law on Competition. For other administrative violations, the Chairperson of the National Competition Committee may:

1. Impose caution;

2. Impose fines of up to the maximum fine level applicable to relevant fields specified in Article 24 of this Law;

3. Deprive of the right to use licenses or practice certificates for a definite period of time or suspend operation for a definite period of time; 

4. Confiscate material evidences and means used in administrative violations;

5. Apply the remedial measures specified at Points d, dd, g, i and k, Clause 1, Article 28 of this Law.”.

21. To amend and supplement a number of clauses of Article 46 as follows:

a/ To amend and supplement the first paragraph of Clause 2 as follows:

“2. Chiefs of Inspectorates of provincial-level Departments; Chief of the Inspectorate of the Civil Aviation Authority of Vietnam; Chief of the Inspectorate of the Vietnam Maritime Administration; Chief of the Inspectorate of the Vietnam Agency for Radiation and Nuclear Safety; Chief of the Inspectorate of the State Securities Commission; Chiefs of National Defense Inspectorates of Military Zones; Chief of the Cipher Inspectorate of the Government Cipher Committee; directors of regional Animal Health Sub-Departments and directors of regional Animal Quarantine Sub-Departments of the Department of Animal Health; directors of regional Plant Quarantine Sub-Departments of the Plant Protection Department; Director of the Central Agro-Forestry-Fisheries Quality Assurance Sub-Department and Director of the Southern Agro-Forestry-Fisheries Quality Assurance Sub-Department of the National Agro-Forestry-Fisheries Quality Assurance Department; directors of Food Safety and Hygiene Sub-Departments and directors of Population and Family Planning Sub-Departments of provincial-level Departments of Health; directors of Sub-Departments for Crop Production and Plant Protection, Livestock Production, Animal Health, Fisheries, Agro-Forestry-Fisheries Quality Assurance, Hydraulic Work, Dikes, Natural Disaster Prevention and Control, Forestry, and Agricultural Development of provincial-level Departments of Agriculture and Rural Development; directors of Sub-Departments for Standards, Metrology and Quality of provincial-level Departments of Science and Technology; Director of the Central Sub-Department for Goods and Product Quality Management and Director of the Southern Sub-Department for Goods and Product Quality Management of the Department for Goods and Product Quality Management; directors of regional Radio Frequency Centers, directors of provincial-level Social Security Offices; and holders of equivalent titles of agencies assigned to perform the function of specialized inspection who are vested by the Government with the sanctioning competence may:”;

b/ To amend and supplement the first paragraph of Clause 3 as follows:

“3. Directors of Statistics Offices, directors of provincial-level State Treasury offices, the Director of the Department for Goods and Product Quality Management of the Directorate for Standards, Metrology and Quality; and holders of equivalent titles of agencies assigned to perform the function of specialized inspection who are vested by the Government with the sanctioning competence may:”;

c/ To amend and supplement the first paragraph of Clause 4 as follows:

“4. Chiefs of Inspectorates of ministries and ministerial-level agencies, General Director of the Directorate for Roads of Vietnam, General Director of the Directorate for Standards, Metrology and Quality, General Director of the Directorate of Vocational Education, General Director of the Directorate of Water Resources, General Director of the Vietnam Administration of Forestry, General Director of the Directorate of Fisheries; General Director of the General Department of Geology and Minerals of Vietnam, General Director of the Vietnam Environment Administration, General Director of the General Department of Land Administration, General Director of the General Office for Population and Family Planning, General Director of the State Treasury, Chairperson of the State Securities Commission, Chairperson of the Government Cipher Committee, Chairperson of the Government Committee for Religious Affairs, Director of the Department of Chemicals, Director of the Industrial Safety Techniques and Environment Agency, Director of the Electricity Regulatory Authority of Vietnam, Director General of the Vietnam Trade Promotion Agency, Director General of the Vietnam E-Commerce and Digital Economy Agency, Director of the Vietnam Railway Administration, Director of the Vietnam Inland Waterways Administration, Director of the Vietnam Maritime Administration, Director of the Civil Aviation Authority of Vietnam, Director of the Vietnam Agency for Radiation and Nuclear Safety, Director of the Department of Animal Health, Director of the Plant Protection Department, Director of the Department of Crop Production, Director of the Department of Livestock Production, Director of the National Agro-Forestry-Fisheries Quality Assurance Department, Director of the Department of Cooperatives and Rural Development, Director of the Insurance Management and Supervision Department, Director General of the Authority of Radio Frequency Management, Director General of the Authority of Telecommunications, Director General of the Authority of Broadcasting and Electronic Information, Director General of the Authority of Press, Director General of the Authority of Publication, Printing and Distribution, Director of the Drug Administration of Vietnam, Director of the Medical Services Administration, Director of the Health Environment Management Agency, Director of the General Department of Preventive Medicine, Director of the Vietnam Food Administration, Director of the Judicial Support Department, Director of the Civil Status, Citizenship and Notarization Department, Director of the Department of Overseas Labor, Director General of the Bureau for Safe Work, Director General of the Vietnam Social Security; and holders of equivalent titles of agencies assigned to perform the function of specialized inspection who are vested by the Government with the sanctioning competence may:”;

d/ To amend and supplement Clause 5 as follows:

“5. Heads of ministerial-level specialized inspection teams and heads of specialized inspection teams set up by the Director General of the Vietnam Social Security have the sanctioning competence provided in Clause 3 of this Article.

Heads of specialized inspection teams of provincial-level departments and heads of specialized inspection teams of agencies assigned to perform the function of specialized inspection have the sanctioning competence provided in Clause 2 of this Article.”.

22. To amend and supplement the first paragraph of Clause 2, Article 47 as follows:

“2. Directors of Maritime Administrations, directors of Airports Authorities, and directors of Inland Waterway Authorities may:”.

23. To amend and supplement the first paragraph of Clause 4, Article 48 as follows:

“4. Chief justices of provincial-level people’s courts, chief justices of military courts of military zones or the equivalent and the chief justices of specialized tribunals of Supreme People’s Courts may:”.

24. To add Article 48a below Article 48 as follows:

“Article 48a. Competence of the State Audit Office of Vietnam

1. Heads of audit teams may:

a/ Impose caution; 

b/ Impose fines of up to VND 30,000,000;

c/ Apply the remedial measures specified in Clause 1, Article 28 of this Law.

2. Chief auditors may:

a/ Impose caution;

b/ Impose fines of up to the maximum fine level applicable to relevant fields specified in Article 24 of this Law;

c/ Apply the remedial measures specified in Clause 1, Article 28 of this Law.”.

25. To amend and supplement a number of clauses of Article 49 as follows:

a/ To amend and supplement the first paragraph of Clause 5, Article 49 as follows:

“5. The General Director of the General Department of Civil Judgment Enforcement and Director of the Department of Judgment Execution of the Ministry of National Defense may:”;

b/ To annul Clause 3.

26. To amend and supplement the first paragraph of Clause 4, Article 52 as follows:

“4. In case an administrative violation case involves many violations, the sanctioning competence shall be determined according to the following principles:”.

27. To amend and supplement Article 53 as follows:

“Article 53. Changes in names, tasks and powers of title holders competent to sanction administrative violations

1. In case there is a change in names of title holders competent to sanction administrative violations defined in this Law but there is no change in their tasks and powers, the sanctioning competence of these title holders shall be kept unchanged.

2. In case there is a change in tasks and powers of title holders competent to sanction administrative violations, the sanctioning competence of these title holders shall be prescribed by the Government after obtaining the approval of the National Assembly Standing Committee.”.

28. To amend and supplement Article 54 as follows:

“Article 54. Empowerment for sanctioning

1. Persons competent to sanction administrative violations defined in Article 38; Clauses 2 thru 7, Article 39; Clauses 2, 2a, 3, 3a and 4, Article 40; Clauses 3 thru 7, Article 41; Clauses 2 thru 5, Article 42; Clauses 2 thru 5, Article 43; Clauses 2, 3 and 4, Article 43a; Clauses 2 thru 5, Article 44; Clauses 2, 3 and 4, Article 45; Article 45a; Clauses 2, 3 and 4, Article 46; Article 47; Clauses 3 and 4, Article 48; Clause 2, Article 48a; Clauses 2, 4 and 5, Article 49; Article 51, of this Law may empower their deputies to sanction administrative violations.

2. The empowerment for sanctioning administrative violations may be effected on a regular or case-by-case basis concurrently with the empowerment for applying measures to deter administrative violations and secure the handling thereof defined in Clauses 2 thru 7, Article 119 of this Law. The empowerment for sanctioning shall be stated in decisions which clearly define the scope, contents and period of empowerment.

3. Deputies empowered to sanction administrative violations shall take responsibility before their superiors and before law for their exercise of delegated powers. Empowered persons may not further empower any other persons to sanction administrative violations.

4. The Government shall detail this Article.”.

29. To amend and supplement Article 58 as follows:

“Article 58. Making of written records of administrative violations

1. Upon detecting administrative violations in the fields under their respective management, competent persons who are on duty shall promptly make written records of the violations, unless such records are not required as specified in Clause 1, Article 56 of this Law.

For administrative violations committed on airplanes, seagoing ships or trains, airplane commanders, shipmasters or trainmasters shall organize the making of written records of the violations and promptly hand them to persons competent to sanction administrative violations upon the arrival of the airplanes, seagoing ships or trains at aerodromes, seaports or railway stations.

2. A written record of an administrative violation shall be made in the location where the violation is committed. For written records of administrative violations made at offices of agencies of persons competent to make written records or in other locations, they must clearly state the reasons.

3. A written record of an administrative violation must have the following principal contents:

a/ Time and place of record making;

b/ Information on the record maker, violator, and related individuals and organizations;

c/ Time and location of the violation; descriptions of the violation;

d/ Testimonies of the individual violator or the representative of the institutional violator, witness(es), individual victim(s), or representative(s) of institutional victim(s);

dd/ Measures to deter administrative violations and secure the handling of the violations;

e/ The right and time limit for making explanations.

4. A written record of an administrative violation shall be made in at least 2 copies and signed by its maker and the individual violator or the representative of the institutional violator, unless it is made under Clause 7 of this Article.

In case the individual violator or the representative of the institutional violator refuses to sign the written record, such record shall be signed by the representative of the commune-level administration of the locality where the violation is committed or by at least 1 witness to certify the refusal. In case the representative of the commune-level administration or witness fails to sign, the record must clearly state the reasons.

5. One copy of the written record of administrative violation, once completed, shall be handed to the violator; for administrative violations falling beyond the sanctioning competence of the persons who make written records of the violations, such records and other documents shall be forwarded to persons with sanctioning competence within 24 hours after the records are made, unless the records are made on airplanes, seagoing ships or trains.

6. In case a written record of an administrative violation has errors or fails to state fully and accurately the contents specified in Clauses 3 and 4 of this Article, it is required to verify circumstances of the violation under Article 59 of this Law for use as a basis for issuing a sanctioning decision. The verification of circumstances of administrative violations shall be stated in written records, which shall be attached with written records of administrative violations and included in administrative violation sanctioning files.

7. A written record of an administrative violation may be made and sent by electronic means in case agencies of persons with sanctioning competence and violators meet conditions on infrastructure, technology and information.

8. A written record of an administrative violation shall be made with proper contents, forms and procedures prescribed in this Law and used as a basis for issuing sanctioning decisions, unless written records of the sanctioning of administrative violations are not required as specified in Clause 1, Article 56 and Clause 2, Article 63 of this Law or otherwise provided by the Law on Tax Administration.

9. The Government shall detail this Article.”.

30. To amend and supplement Article 61 as follows:

“Article 61. Making of explanations

1. For administrative violations which, as prescribed by law, are subject to the sanction of deprivation of the right to use licenses or practice certificates for a definite period of time or suspension of operation for a definite period of time, or subject to the maximum fine level of VND 15,000,000 or more, for individuals, or VND 30,000,000 or more, for organizations, the violators may give verbal or written explanations to persons competent to sanction administrative violations. Persons with sanctioning competence shall take into account explanations of the violators before issuing sanctioning decisions, unless the violators do not require giving explanations.

2. In case of giving written explanations, violators shall send written explanations to persons competent to sanction administrative violations within 5 working days after written records of these violations are made.

For a violation involving many complicated circumstances, the person with sanctioning competence may, at the request of the violator, extend the time limit for giving explanations for another 5 working days at most. The extension shall be made in writing.

Violators may give by themselves or authorize their lawful representatives to give written explanations.

3. In case of giving verbal explanations, violators shall, within 2 working days after written records of administrative violations are made, send written requests for giving verbal explanations to persons competent to sanction administrative violations.

Persons with sanctioning competence shall, within 5 working days after receiving the violators’ requests, notify in writing the violators of the time and place for organizing sessions for giving verbal explanations.

Persons with sanctioning competence shall organize sessions for giving verbal explanations and state the legal grounds and circumstances as well as evidences related to administrative violations, sanctions and remedial measures expected to be applied for the violations. Violators and their lawful representatives may attend the explanation sessions and give opinions and evidences to protect their lawful rights and interests.

Verbal explanations shall be included in written records which must bear the signatures of involved parties. For a multiple-page written record, involved parties shall sign every page. Such a record shall be included in the administrative violation sanctioning file with 1 copy thereof handed to the violator or his/her/its lawful representative.

4. In case violators do not require giving explanations until the expiration of the time limit specified in Clause 2 or 3 of this Article, persons competent to sanction administrative violations shall take into account explanations of the violators.

5. The Government shall detail this Article.”.

31. To amend and supplement Clauses 1 and 2, Article 63 as follows:

“1. For a case accepted for settlement by an agency competent to conduct criminal proceedings for which a decision not to institute a criminal case, decision to cancel the decision to institute a criminal case, decision to cease investigation, decision to cease a criminal case, or decision to cease a criminal case against the accused or exempt penal liability according to a court judgment, if the act of violation shows a sign of administrative violation, this agency shall, within 3 working days from the effective date of such decision, forward it together with the case files, material evidences and means used in the violations (if any) and a written request for sanctioning the administrative violation to a person competent to sanction administrative violations.

2. The sanctioning of administrative violations shall be based on violation case files forwarded by the agencies mentioned in Clause 1 of this Article. If it is necessary to verify additional circumstances of an administrative violation for use as a basis for issuing a sanctioning decision, a person with sanctioning competence may make a written record of verification of circumstances of the administrative violation case under Article 59 of this Law.”.

32. To amend and supplement Article 64 as follows:

“Article 64. Detection of administrative violations through professional technical means and equipment

1. Agencies and persons competent to sanction administrative violations, and individuals and organizations assigned to manage professional technical means and equipment may use them for detecting administrative violations in the fields of traffic order and safety, environmental protection, fire prevention and fighting, rescue and salvage, drug prevention and control, and prevention and control of harms of liquor and beer abuse, and other fields as prescribed by the Government after obtaining the approval of the National Assembly Standing Committee.

2. The management and use of professional technical means and equipment and the drawing up of a list of such means and equipment must meet the following requirements and conditions:

a/ Respecting the freedom, honor, dignity and privacy secrets of citizens and other lawful rights and interests of individuals and organizations;

b/ Strictly observing processes and rules on use of professional technical means and equipment;

c/ Information collected through professional technical means and equipment shall be recorded in writing and may only be used in sanctioning of administrative violations;

d/ Professional technical means and equipment must conform to relevant standards and technical regulations and must be those already inspected, calibrated and tested in accordance with law; standards and technical regulations shall be maintained throughout the process of their use and in the interval of every two inspections, calibrations and tests.

3. The use and preservation of information collected through professional technical means and equipment must meet the following requirements and conditions:

a/ Information collected through professional technical means and equipment must be photos, images, printed sheets, measurement indicators and data stored in the memory of such means and equipment as prescribed in this Law;

b/ Information collected through professional technical means and equipment may only be used in sanctioning of administrative violations provided that the requirements and conditions specified in Clause 2 of this Article are satisfied;

c/ After obtaining information collected through professional technical means and equipment, persons competent to sanction administrative violations shall quickly identify the violator and send a written notice to such violator.

If having identified the violator, a competent person shall make a written record of the administrative violation under Article 58 of this Law and store information collected through professional technical means and equipment together with such record;

d/ Information collected through professional technical means and equipment shall be strictly preserved and included in the administrative violation case file.

4. Competent state agencies shall use professional technical means and equipment and other professional measures to identify information and data collected through technical means and equipment from individuals and organizations for detection of administrative violations.

5. The Government shall prescribe the management and use of and entities to be equipped with professional technical means and equipment, the list of professional technical means and equipment to be used for detecting administrative violations, and the use and preservation of information collected through professional technical means and equipment; the process of collecting data and using data collected through professional technical means and equipment from individuals and organizations.”.

33. To amend and supplement Clause 2, Article 65 as follows:

“2. For the cases specified at Points a, b, c and d, Clause 1 of this Article, a competent person shall not issue a decision on sanctioning of an administrative violation but shall still issue a decision on confiscation of material evidences and means used in the violation if such material evidences and means are, as prescribed by law, banned from storage or circulation or subject to the sanction of confiscation and application of remedial measures specified for such administrative violations.

The confiscation decision must specify the reason(s) for non-issuance of a decision on sanctioning of an administrative violation; material evidences and means used in the violation to be confiscated; a remedial measure(s) to be applied, and the responsibility and time limit for execution of the decision.

The confiscation of material evidences and means used in administrative violations and application of a remedial measure(s) mentioned in this Clause does not mean that the violator has been sanctioned for administrative violations.”.

34. To amend and supplement Article 66 as follows:

“Article 66. Time limit for issuing a decision on sanctioning of an administrative violation

1. The time limit for issuing a decision on sanctioning of an administrative violation is specified as follows:

a/ Seven working days after a written record of the administrative violation is made, for cases other than those specified at Points b and c of this Clause; or 10 working days after a written record of the administrative violation is made, in case the violation case files are required to be transferred to persons with sanctioning competence, except the case specified in Clause 3, Article 63 of this Law;

b/ One month after a written record of the administrative violation is made, in case the violator requires giving explanations or it is required to verify related circumstances under Article 59 of this Law;

c/ Two months after a written record of the administrative violation is made, for a particularly serious case involving many complicated circumstances as specified at Point b of this Clause for which more time is needed for verification and collection of evidences.

2. Persons competent to sanction administrative violations and related individuals and organizations who fail to issue sanctioning decisions within the law-prescribed time limit shall be handled in accordance with law.”.

35. To amend and supplement Clauses 2 and 3, Article 71 as follows:

“2. In case an administrative violation is committed in a district-level locality but the individual violator resides or the institutional violator locates its office in another district-level locality which is difficult to access and it is impossible for the violator to execute the sanctioning decision at the place of sanctioning, the sanctioning decision shall be forwarded to the same-level competent agency in the locality where the individual violator resides or the institutional violator locates its office for execution; in case such locality has no same-level competent agency, the sanctioning decision shall be forwarded to the district-level People’s Committee for execution.

3. Agencies of persons who have issued decisions to sanction administrative violations in the cases specified in Clauses 1 and 2 of this Clause shall forward all the original violation case files and related papers to agencies receiving sanctioning decisions for execution in accordance with this Law. Temporarily seized and confiscated material evidences and means (if any) used in administrative violations shall be transferred to agencies receiving sanctioning decisions for execution, except material evidences being live animals and plants, perishable and hard-to-preserve goods and articles prescribed by law and a number of other types of assets prescribed by the Government.

Violators shall pay expenses for transfer of administrative violation case files and material evidences and means used in administrative violations.”.

36. To amend and supplement Clause 1, Article 74 as follows:

“1. The statute of limitations for executing a decision on sanctioning of an administrative violation is 1 year after the issuance of such decision. Past this statute of limitations, the sanctioning decision shall not be executed, except the case such decision contains the sanction of confiscation of material evidences and means used in administrative violations or application of remedial measure(s) in which such sanction shall still be imposed.”.

37. To amend and supplement Article 76 as follows:

“Article 76. Postponement of execution of decisions on imposition of fines

1. Postponement of execution of decisions on imposition of fines shall be imposed if the following conditions are fully met:

a/ An individual is subject to a fine of VND 2,000,000 or more, or an organization is subject to a fine of VND 100,000,000 or more;

b/ An individual encounters an economic difficulty due to a natural disaster, catastrophe, fire, epidemic, dangerous illness or accident; or an organization encounters a special or unexpected economic difficulty due to a natural disaster, catastrophe, fire or epidemic.

In case an individual encounters an economic difficulty due to a natural disaster, catastrophe, fire, epidemic, dangerous illness or accident, he/she shall obtain the certification of such economic difficulty by the commune-level People’s Committee of the locality where he/she resides or by the agency or organization where he/she studies or works; in case an individual encounters an economic difficulty due to a dangerous illness or accident, he/she shall also obtain the certification of such economic difficulty by a district- or higher-level medical examination and treatment establishment.

In case an organization encounters an economic difficulty due to a natural disaster, catastrophe, fire or epidemic, it shall obtain the certification of such economic difficulty by the commune-level People’s Committee, the Management Board of Industrial Parks, Export Processing Zones, Hi-tech Parks and Economic Zones, its managing tax office or its direct superior agency.

2. Individuals and organizations shall send written requests for postponement of execution of sanctioning decisions together with the written certification by competent agencies or organizations specified in Clause 1 of this Article to the persons who have issued such decisions within the time limit specified in Clause 2, Article 68 of this Law. Within 5 working days after receiving such a request, the person who has issued the sanctioning decision shall consider and decide to postpone the execution of such decision.

The period of postponement of execution of a sanctioning decision must not exceed 3 months, counting from the date of issuance of the postponement decision.

3. Individuals or organizations entitled to postponement of execution of sanctioning decisions may receive back administrative violation papers, and material evidences and means used in administrative violations which are temporarily seized under Clause 6, Article 125 of this Law.”.

38. To amend and supplement Article 77 as follows:

“Article 77. Fine reduction or exemption

1. The reduction of fine amounts stated in a sanctioning decision for an individual or organization that is entitled to postponement of execution of a decision on imposition of fine as specified in Article 76 of this Law is as follows:

a/ The individual continues encountering an economic difficulty due to a natural disaster, catastrophe, fire, epidemic, dangerous illness or accident as certified by the commune-level People’s Committee of the locality where he/she resides or by the agency or organization where he/she studies or works.

b/ The organization continues encountering a special or an unexpected economic difficulty due to a natural disaster, catastrophe, fire or epidemic as certified by the commune-level People’s Committee, management board of industrial park, export processing zone, hi-tech park or economic zone, tax office directly managing it or its direct superior agency.

2. An individual may be exempted from remaining fine amounts stated in a sanctioning decision for being unable to execute such decision in one of the following cases:

a/ Having been entitled to reduction of fine amounts under Clause 1 of this Article but continuing encountering an economic difficulty due to a natural disaster, catastrophe, fire, epidemic, dangerous illness or accident as certified by the commune-level People’s Committee of the locality where he/she resides or by the agency or organization where he/she studies or works.

b/ Having paid fines in the first or second installment in case of being entitled to payment of fines in installments under Article 79 of this Law but later encountering a special or an unexpected economic difficulty due to a natural disaster, catastrophe, fire, epidemic, dangerous illness or accident as certified by the commune-level People’s Committee of the locality where he/she resides or by the agency or organization where he/she studies or works. In case of encountering an unexpected economic difficulty due to a dangerous illness or accident, he/she must be additionally certified by a medical examination and treatment establishment at the district or higher level.

3. An organization may be exempted from remaining fine amounts stated in a sanctioning decision if fully satisfying the following conditions:

a/ Being entitled to reduction of fine amounts under Clause 1 of this Article or having paid fines in the first or second installment in case of being entitled to payment of fines in installments under Article 79 of this Law;

b/ Having completely executed additional sanctions or remedial measures stated in the sanctioning decision;

c/ Continuing encountering a special or an unexpected economic difficulty due to a natural disaster, catastrophe, fire or epidemic as certified by the commune-level People’s Committee, management board of industrial park, export processing zone, hi-tech park or economic zone, tax office directly managing it or its direct superior agency.

4. An individual who is unable to execute a sanctioning decision may be exempted from all fines stated in such decision if falling in one of the following cases:

a/ Having been entitled to postponement of execution of the decision on imposition of fine under Article 76 of this Law but continuing encountering an economic difficulty due to a natural disaster, catastrophe, fire, epidemic, dangerous illness or accident as certified by the commune-level People’s Committee of the locality where he/she resides or by the agency or organization where he/she studies or works;

b/ Being fined VND 2,000,000 or more while encountering a special or an unexpected economic difficulty due to a natural disaster, catastrophe, fire, epidemic, dangerous illness or accident as certified by the commune-level People’s Committee of the locality where he/she resides or by the agency or organization where he/she studies or works. In case of encountering an unexpected economic difficulty due to a dangerous illness or accident, he/she must be additionally certified by a medical examination and treatment establishment of the district or higher level.

5. An organization may be exempted from all fine amounts stated in a sanctioning decision if fully satisfying the following conditions:

a/ Having been entitled to postponement of execution of the decision on imposition of fine under Article 76 of this Law;

b/ Having completely executed additional sanctions or remedial measures stated in the sanctioning decision;

c/ Continuing encountering a special or an unexpected economic difficulty due to a natural disaster, catastrophe, fire or epidemic as certified by the commune-level People’s Committee, management board of industrial park, export processing zone, hi-tech park or economic zone, tax office directly managing it or its direct superior agency.

6. Individuals and organizations shall send their written requests for fine reduction or exemption together with certifications by competent agencies or organizations specified in Clauses 1 thru 5 of this Article to persons who have issued sanctioning decisions. Within 5 working days after receiving a written request, the person who has issued the sanctioning decision shall consider and decide on fine reduction or exemption and notify it to the requester. If disapproving the fine reduction or exemption, he/she shall clearly state the reason for disapproval.

7. Individuals and organizations entitled to fine reduction or exemption may receive back papers, material evidences and means that are temporarily seized under Clause 6, Article 125 of this Law.”.

39. To amend and supplement Clause 1, Article 78 as follows:

“1. Within the time limit for execution of a sanctioning decision specified in Clause 2, Article 68 or Clause 2, Article 79 of this Law, a sanctioned individual or organization shall pay the fine at the State Treasury or into the State Treasury’s account stated in the sanctioning decision, unless he/she/it has paid the fine under Clause 2 of this Article. Past this time limit, he/she/it shall be forced to execute the sanctioning decision and additionally pay 0.05% of the total unpaid fine amount for each day of delayed payment.”.

40. To amend and supplement Clause 1, Article 79 as follows:

“1. A fine payer may pay a fine in installments when fully satisfying the following conditions:

a/ An individual is imposed a fine of VND 15,000,000 or more, or an organization is imposed a fine of VND 150,000,000 or more;

b/ He/she/it is encountering a special economic difficulty and files a written request for payment of the fine in installments. A written request of an individual must have certification of his/her special economic difficulty by the commune-level People’s Committee of the locality where he/she resides or the agency or organization where he/she studies or works. A written request of an organization must have certification of its special economic difficulty by the commune-level People’s Committee, management board of industrial park, export processing zone, hi-tech park or economic zone, tax office directly managing it or its direct superior agency.”.

41. To amend and supplement Clause 5, Article 80 as follows:

“5. Upon detecting licenses or practice certificates that have been granted ultra vires or contain unlawful details, persons with sanctioning competence shall temporarily seize them and promptly issue decisions on revocation thereof according to their competence. In case the revocation of such licenses or practice certificates falls beyond their competence, persons with sanctioning competence shall temporarily seize them and within 2 working days from the date of violation detection forward them to competent agencies or persons that have granted them for handling in accordance with law and notify individuals or organizations of their violations”.”

42. To add the following Clause 3 below Clause 2, Article 81:

“3. Material evidences and means used in administrative violations for which confiscation decisions have been issued shall be handled in accordance with the law on management and use of public property.”.

43. To amend and supplement Clause 1, Article 86 as follows:

“1. Enforcement of sanctioning decisions shall be carried out in the following cases:

a/ Administrative violators fail to voluntarily execute these decisions under Article 73 of this Law;

b/ Administrative violators fail to voluntarily pay expenses for the execution of remedial measures to agencies that have executed such measures under Clause 5, Article 85 of this Law.”.

44. To amend and supplement Article 87 as follows:

“Article 87. Competence to decide on enforcement

1. The following persons are competent to issue enforcement decisions:

a/ Chairpersons of People’s Committees at all levels;

b/ Chiefs of police stations, chiefs of district-level police offices, directors of provincial-level Police Departments, the director of the Economic Security Department, the director of the Police Department for Administrative Management of Social Order, the director of the Police Department for Investigation of Social Order-Related Crimes, the director of the Police Department for Investigation of Corruption, Economic and Smuggling Crimes, the director of the Police Department for Investigation of Drug-Related Crimes, the director of the Traffic Police Department, the director of the Police Department for Fire Prevention and Fighting, Salvage and Rescue, the director of the Police Department for Environmental Crime Prevention and Combat, the director of the Department for Cyber Security and Hi-Tech Crime Prevention and Combat, the director of the Internal Security Department, the director of the Police Department for Custody, Detention and Community-Based Criminal Judgment Execution Management, and the Commander of the Mobile Police Department;

c/ Chiefs of border-guard stations, commanders of border-gate guard posts at ports, provincial-level border-guard commanders, border-guard fleet commanders; heads of drug and crime prevention and combat task force teams, the director of the Drug and Crime Prevention and Combat Department, commanders of regional coast guards, and the Vietnam Coast Guard Commander;

d/ Heads of customs branches, heads of post-customs clearance inspection branches, heads of customs control teams of provincial, inter-provincial or municipal Customs Departments, heads of criminal investigation teams, heads of anti-smuggling teams, captains of marine control flotillas and heads of teams to control anti-smuggling of counterfeit goods and protect intellectual property rights under the Anti-Smuggling Investigation Department, heads of post-customs clearance inspection branches under the Post-Customs Clearance Inspection Department, directors of provincial, inter-provincial and municipal Customs Departments, the director of the Post-Customs Clearance Inspection Department, the director of the Anti-Smuggling Investigation Department, and the General Director of the General Department of Customs;

dd/ Directors of district-level forest protection offices, directors of provincial-level forest protection branches, directors of regional forest protection branches, and the director of the Forest Protection Department;

e/ Directors of regional fisheries resources surveillance branches, and the director of the Fisheries Resources Surveillance Department;

g/ Directors of district-level Tax Branches, directors of provincial-level Tax Departments, the General Director of Taxation;

h/ Directors of provincial-level market management departments, the director of the Market Surveillance Operation Department under the Vietnam Directorate of Market Surveillance, and the General Director of the Vietnam Directorate of Market Surveillance;

i/ The Chairperson of the National Competition Committee;

k/ Post holders specified in Clauses 2 thru 4, Article 46 of this Law;

l/ The Director of the Maritime Administration, the Director of the Airports Authority, and the Director of Port Authority of Inland Waterways;

m/ Chief justices of district-level people’s courts, chief justices of provincial-level people’s courts, chief justices of regional military courts, chief justices of military courts of military zones or equivalent areas, chief judges of specialized tribunals of the Supreme People’s Court, directors of civil judgment execution sub-departments, directors of provincial-level civil judgment execution departments, heads of civil judgment execution sections of military zones, the Director of the General Department of Civil Judgment Execution, the Director of the Department of Civil Judgment Execution of the Ministry of National Defense;

n/ Chief auditors;

o/ Heads of diplomatic missions, consular offices and other agencies authorized to perform Vietnam’s consular functions overseas.

2. Persons competent to decide on enforcement specified in Clause 1 of this Article may empower their deputies. The empowerment must be expressed in decisions, clearly stating scope, contents and period of empowerment. Empowered deputies shall take responsibility before their heads and law for the exercise of delegated powers. Empowered persons may not further empower any other persons.

3. Competent persons of agencies that receive sanctioning decisions for execution specified in Article 71 of this Law shall issue sanctioning decisions or report such decisions to their superiors for issuance of decisions to enforce sanctioning decisions.”.

45. To amend and supplement a number of clauses of Article 88 as follows:

1. To amend and supplement Clause 1 as follows:

“1. Within 2 working days after issuing decisions to enforce sanctioning decisions, decision issuers shall send enforcement decisions to individuals and organizations subject to enforcement, agencies and organizations organizing the enforcement and related individuals and organizations.

Enforcement decision issuers shall organize the enforcement of their and their subordinates’ sanctioning decisions.

Enforcement decisions shall be sent to related individuals and organizations under Article 70 of this Law.

Enforcement decisions shall be executed as soon as individuals and organizations subject to enforcement receive such decisions.

b/ To add the following Clause 2a below Clause 2:

“2a. The statute of limitations for execution of an enforcement decision is counted from its issuance date to the expiration date of sanctioning decision as specified in Clause 1, Article 74 of this Law. Upon the expiration of this statute of limitations, the enforcement decision may no longer be executed, except where the decision applies the sanction of confiscation of material evidences and means used in administrative violation or remedial measure(s) then material evidences and means shall be confiscated or remedial measures shall be applied.”.

c/ To amend and supplement Point c, Clause 3 as follows:

“c/ Credit institutions, the State Treasury or foreign bank branches where individuals or organizations subject to enforcement open their accounts shall provide them with information on conditions for executing sanctioning decisions within 2 working days after receiving a written request of persons with enforcement competence; freeze money amounts in such accounts equal to those payable by such individuals or organizations or freeze entire amounts in such accounts in case balances of deposit accounts are smaller than money amounts payable by individuals or organizations subject to enforcement; and transfer payable amounts at the request of persons competent to issue enforcement decisions. Within 5 working days before the transfer, credit institutions, the State Treasury or foreign bank branches shall notify individuals or organizations subject to enforcement of the deduction and transfer. The deduction and transfer do not require consent of such individuals or organizations.

The Government shall detail this Point.”.

46. To amend and supplement Article 90 as follows:

“Article 90. Persons subject to education in commune, ward or township 

1. Persons who are aged between full 12 years and under 14 years and commit acts showing signs of very serious intentional crimes prescribed in the Penal Code.

2. Persons who are aged between full 14 years and under 16 years and commit acts showing signs of serious intentional crimes prescribed in the Penal Code.

3. Persons who are aged between full 14 years and under 16 years and have been administratively sanctioned twice and for whose third violations written records of administrative violations are made within 6 months for acts of causing public disorder, stealing property, gambling, swindling or illegal racing.

4. Persons who are aged between full 16 years and under 18 years and have been administratively sanctioned twice and for whose third violations written records of administrative violations are made within 6 months for acts of offending dignity or honor of other persons, or inflicting injury to, or causing harm to health of, other persons, or illegally keeping property, destroying or intentionally damaging property, of other persons, causing public disorder, stealing property, gambling, swindling or illegal racing that do not constitute crimes.

5. Persons who are aged full 14 years or older and have been administratively sanctioned twice and for whose third violations written records of administrative violations are made within 6 months for illegal use of narcotics.

6. Persons who are aged full 18 years or older and have been administratively sanctioned twice and for whose third violations written records of administrative violations are made within 6 months for acts of offending dignity or honor of other persons, or inflicting injury to, or causing harm to health of, other persons, or illegally keeping property, destroying or intentionally damaging property, of other persons, causing public disorder, stealing property, gambling, swindling, illegal racing or ill-treating or persecuting grandparents, parents, spouses, children, grandchildren or fosterers which do not constitute crimes.

7. Persons specified in Clauses 1 thru 4 and persons aged between full 14 years and under 18 years specified in Clause 5 of this Article who have no stable places of residence shall be consigned to social relief establishments or child care establishments for management and education during the period of execution of the measure of education in communes, wards or townships.

Persons aged full 18 years or older specified in Clause 5 of this Article who have no stable places of residence shall be placed under the management of commune-level People’s Committees of localities where their illegal use of narcotics is detected for the third time.”.

47. To amend and supplement Article 92 as follows:

“Article 92. Persons subject to the measure of consignment to reformatory

1. Persons who are aged between full 12 years and under 14 years and commit acts showing signs of particularly serious crimes prescribed in the Penal Code.

2. Persons who are aged between full 14 years and under 16 years and commit acts showing signs of very serious crimes or particularly serious crimes prescribed in the Penal Code, except the crimes prescribed in Clause 2, Article 12 of the Penal Code.

3. Persons who are aged between full 14 years and under 16 years, commit an act of violation specified in Clauses 2 and 3, Article 90 of this Law and have previously been subject to the measure of education in commune, ward or township.

4. Persons who are aged between full 16 years and under 18 years, commit an act of violation specified in Clause 4, Article 90 of this Law which does not constitute crime and have previously been subject to the measure of education in communes, wards or townships.

5. The measure of consignment to reformatory is not applicable to the following persons:

a/ Persons who have no administrative liability capacity;

b/ Pregnant women with their pregnancy certified by medical examination and treatment establishments at the district level or higher levels;

c/ Women or persons who are nursing on their own infants aged under 36 months as certified by commune-level People’s Committees of localities where they reside.”.

48. To amend and supplement Clause 1, Article 94 as follows:

“1. Persons subject to the measure of consignment to compulsory education institution include:

a/ Persons who are aged full 18 years or older and have been administratively sanctioned twice, for whose third violations written record of administrative violations are made within 6 months for acts of violation specified in Clause 6, Article 90 of this Law that do not constitute crimes, and who have no stable places of residence;

b/ Persons who are aged full 18 years or older, commit acts of violation specified in Clause 6, Article 90 of this Law that do not constitute crimes, and have previously been subject to the measure of education in communes, wards or townships.”.

49. To amend and supplement Clause 1, Article 96 as follows:

“1. Drug addicts who are aged full 18 years or older are subject to the measure of consignment to compulsory drug rehabilitation facility in accordance with the Law on Drug Prevention and Control.”.

50. To amend and supplement Clause 4, Article 97 as follows:

“4. Agencies making dossiers of request specified in Clauses 1 and 2 of this Article shall take responsibility for legality of their dossiers. After completely making dossiers of request, such agencies shall notify in writing the making of dossiers to persons against whom the application of administrative handling measures is requested or their lawful representatives. For minors, the making of dossiers of request shall also be notified to their parents or guardians. These persons may read such dossiers and take notes of necessary contents within 3 working days after receiving such notice.”.

51. To amend and supplement Clause 1, Article 98 as follows:

“1. Within 1 working day after the time limit for dossier reading specified in Clause 4, Article 97 of this Law expires, dossier-making agencies specified in Clauses 1 and 2, Article 97 of this Law shall send dossiers to chairpersons of commune-level People’s Committees.

Within 7 working days after receiving a dossier, the chairperson of the commune-level People’s Committee shall hold and chair a consultation meeting with the participation of the chief of the commune-level police office, civil servant in charge of justice and civic status registration, and representatives of the Vietnam Fatherland Front Committee, a number of socio-political organizations, related same-level social organizations and local people. The person against whom the application of the measure of education in commune, ward or township is requested and his/her lawful representative, parents or guardian shall be invited to participate in the meeting and give their opinions on the application of this measure.”.

52. To amend and supplement Clause 3, Article 99 as follow:

“3. Agencies making dossiers of request specified in Clauses 1 and 2 of this Article shall take responsibility for legality of these dossiers. After completely making dossiers of request, such agencies shall notify in writing the making of dossiers to persons against whom the application of administrative handling measures is requested, their parents or lawful representatives. These persons may read dossiers and take notes of necessary contents within 3 working days after being notified.”.

53. To amend and supplement Clause 1, Article 100 as follows:

“1. Within 1 working day after the time limit for dossier reading specified in Clause 3, Article 99 of this Law expires, the chairperson of the commune-level People’s Committee shall send the dossier to the chief of the district-level police office. Within 2 working days after receiving the dossier, the chief of the district-level police office shall decide to forward such dossier to the district-level people’s court to request the latter to apply the measure of consignment to reformatory. In case the dossier is incomplete, it shall be returned to the dossier-making agency for further collection of documents to complete the dossier within 2 working days after receiving back the dossier. Within 2 working days after receiving the supplemented dossier, the chief of the district-level police office shall decide to forward the dossier of request to the district-level people’s court requesting the latter to apply the measure of consignment to reformatory.

Within 1 working day after the time limit for dossier reading specified in Clause 3, Article 99 of this Law expires, the chief of the district-level police office or director of the provincial-level Police Department, for the case specified in Clause 2, Article 99 of this Law, shall decide to forward the dossier of request to the district-level people’s court of the locality where the person against whom the application of the measure of consignment to reformatory is requested commits the act of violation to decide on the application of the measure of consignment to reformatory.”.

54. To amend and supplement Clause 3, Article 101 as follows:

“3. The agencies making dossiers of request specified in Clauses 1 and 2 of this Article shall take responsibility for the legality of these dossiers. After making dossiers of request, the dossier-making agencies shall notify in writing the making of dossiers to persons against whom the application of administrative handling measures is requested or their representatives. These persons may read the dossiers and take notes of necessary contents within 3 working days after receiving such notice.”.

55. To amend and supplement Clause 1, Article 102 as follows:

“1. Within 1 working day after expiration of the time limit for reading dossiers specified in Clause 3, Article 101 of this Law or from the date the director of a compulsory drug rehabilitation facility make a written record on a new violation under Clause 3, Article 118 of this Law, the concerned commune-level People’s Committee chairperson or director of the compulsory drug rehabilitation facility shall send a dossier to the district-level police office chief. Within 2 working days after receiving the dossier, the district-level police office chief shall decide to forward the dossier to the district-level people’s court to request the latter to apply the measure of consignment to compulsory education institution. In case the dossier is incomplete, the district-level police office chief shall return it to the dossier-making agency for supplementation; the time limit for dossier supplementation is 2 working days after receiving back the dossier.  Within 2 working days after receiving the supplemented dossier, the district-level police office chief shall decide to forward the dossier to the district-level people’s court to request the latter to apply the measure of consignment to compulsory education institution.

Within 1 working day after expiration of the time limit for reading dossiers specified in Clause 3, Article 101 of this Law, the district-level police office chief or the director of the provincial-level Department of Public Security, in the case specified in Clause 2, Article 101 of this Law, shall decide to forward the dossier to the district-level people’s court of the locality where the person against whom the application of the measure of consignment to compulsory education institution is requested commits the violation to request the latter to apply such measure.”.

56. To amend and supplement Article 103 as follows:

“Article 103. Making of dossiers of request for application of the measure of consignment to compulsory drug rehabilitation facility

1. The making of a dossier of request for application of the measure of consignment to compulsory drug rehabilitation facility against a drug addict under Article 96 of this Law is as follows:

a/ In case the drug addict has a stable place of residence, the chairperson of the commune-level People’s Committee of the locality where he/she resides shall make a dossier of request for application of the measure of consignment to compulsory drug rehabilitation facility;

b/ In case the drug addict does not have a stable place of residence, the chairperson of the commune-level People’s Committee of the locality where he/she commits the violation shall make a dossier of request for application of the measure of consignment to compulsory drug rehabilitation facility;

c/ In case the drug addict is involved in a case of violation detected, investigated or accepted for handling directly by a district-level police office or provincial-level Department of Public Security and subject to consignment to compulsory drug rehabilitation facility as specified in Article 96 of this Law, the police office or department that is handling the case shall verify evidences, collect documents and make a dossier of request for application of the measure of consignment to compulsory drug rehabilitation facility;

d/ A dossier of request must comprise the record of the violation; a resume and documents proving the addiction state of such person; a report of the addict or his/her lawful representative, and other relevant documents;

dd/ The commune-level police office shall assist the commune-level People’s Committee chairperson to collect documents and make a dossier of request as specified at Points a, b and d, Clause 1 of this Article.

2. The agencies making dossiers of request specified in Clause 1 of this Article shall take responsibility for the legality of these dossiers. After making a dossier of request, the dossier-making agency shall notify in writing the making of the dossier to the person against whom the application of the measure of consignment to compulsory drug rehabilitation facility is requested or his/her representative. These persons may read the dossier and take notes of necessary contents within 3 working days after receiving such notice.”.

57. To amend and supplement Clause 1, Article 104 as follows:

“1. Within 1 working day after expiration of the time limit for reading dossiers, the provincial-level Department of Public Security shall send the dossier to the head of the district-level Division of Labor, Invalids and Social Affairs of the locality where the person against whom the application of administrative handling measures is requested commits the violation; or the district-level police office and commune-level People’s Committee chairperson shall send the dossier to the head of the district-level Division of Labor, Invalids and Social Affairs. Within 2 working days after receiving the dossier, the head of the district-level Division of Labor, Invalids and Social Affairs shall decide to forward the dossier to the district-level people’s court to request the latter to apply the measure of consignment to compulsory drug rehabilitation facility. In case the dossier is incomplete, the head of the district-level Division of Labor, Invalids and Social Affairs shall return it to the dossier-making agency for supplementation; the time limit for dossier supplementation is 2 working days after receiving the dossier. Within 2 working days from the date of receiving the supplemented dossier, the head of the district-level Division of Labor, Invalids and Social Affairs shall decide to forward the dossier to the district-level people’s court to request the latter to apply the measure of consignment to compulsory education institution.”.

58. To amend and supplement Article 107 as follows:

“Article 107. Sending of decisions on application of the measure of consignment to reformatory, compulsory education institution or compulsory drug rehabilitation facility

Within 3 days after a decision on application of an administrative handling measure takes effect, the people’s court that has issued such decision shall send it to the person subject to the administrative handling measure, the agency that has sent the dossier of request for application of the administrative handling measure or the same-level police office, in case the dossier of request for application of the administrative handling measure is made by the provincial-level Department of Public Security, the commune-level People’s Committee of the locality where such person resides, and concerned agencies for execution in accordance with law. A decision on application of the measure of consignment to reformatory shall also be sent to the parents or lawful representative of the person subject to the measure.”.

59. To amend and supplement Clause 1, Article 110 as follows:

“1. Within 5 days after receiving a decision on consignment to reformatory, compulsory education institution or compulsory drug rehabilitation facility, the agency that receives the decision on application of an administrative handling measure specified in Article 107 of this Law shall organize the execution of such decision as follows:

a/ The district-level police office shall consign the person obliged to execute the decision to a reformatory or compulsory education institution;

b/ The district-level Division of Labor, Invalids and Social Affairs shall coordinate with the district-level police office in consigning the person obliged to execute the decision to a compulsory drug rehabilitation facility.”.

60. To amend and supplement Clause 3, Article 118 as follows:

“3. In case a person who is serving his/her sanction at a compulsory drug rehabilitation facility commits a violation specified in Article 94 of this Law during the period of drug withdrawal treatment and recovery, he/she shall be subject to the measure of consignment to compulsory education institution.

The director of the compulsory drug rehabilitation facility shall make a dossier of request for consignment of the violator to a compulsory education institution on the basis of the available dossier and record of the new violation, then send these documents to the chief of the district-level police office of the locality where the compulsory drug rehabilitation facility is based.

Procedures for considering the application of the measure of consignment to compulsory education institution against these persons must comply with provisions of this Law.”.

61. To amend and supplement a number of clauses of Article 122 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. The holding of persons in temporary custody according to administrative procedures shall be applied only in the following cases:

a/ In case of necessity to immediately prevent or stop acts of disturbing public order or inflicting injury on others;

b/ In case of necessity to immediately prevent or stop acts of smuggling or illegally transporting goods across borders;

c/ To execute a decision on consignment to reformatory, compulsory education institution or compulsory drug rehabilitation facility;

d/ A person who has committed acts of domestic violence violates the decision on prohibition of contact in accordance with the law on prevention and control of domestic violence;

dd/ To determine the drug addiction state of illegal users of narcotics.”;

b/ To amend and supplement Clause 3 as follows:

“3. The maximum duration of holding of a person in temporary custody according to administrative procedures is 12 hours. In case of necessity, this duration may be prolonged but must not exceed 24 hours from the beginning of the holding; in case of holding a person committing administrative violations in border or remote mountainous areas or on islands, the duration of holding in temporary custody shall be counted from the time the violator is escorted to the place of temporary custody.

In case of holding of a person in temporary custody to determine his/her drug addiction state under Point dd, Clause 1 of this Article, the duration of holding in temporary custody may be prolonged but must not exceed 5 days from the beginning of the holding.

Persons temporarily held in airplanes or seagoing ships shall be promptly transferred to competent agencies upon the arrival of these airplanes or seagoing ships at aerodromes or seaports.”;

c/ To amend and supplement Clause 5 as follows:

“5. Places for holding of persons in temporary custody according to administrative procedures are administrative temporary custody houses or rooms arranged at working offices of agencies or units where persons competent to issue decisions on holding administrative violators in temporary custody work. In case there is no administrative temporary custody house or room, the reception room or another working room may be used for holding of persons in temporary custody, provided general regulations are complied with.

Agencies that have the function of violation prevention and combat and have to regularly hold administrative violators in temporary custody shall arrange or design and build separate administrative temporary custody houses or rooms with separate places for minors, women or foreigners, and assign full-time management and safeguarding staffs.

In case of holding of persons in temporary custody under Point dd, Clause 1 of this Article, the places of temporary custody shall be temporary holding areas at compulsory drug rehabilitation facilities of provinces or centrally-run cities or administrative temporary custody houses or rooms.

For airplanes, seagoing ships and trains that have departed from aerodromes, harbors or railway stations, depending on the specific conditions and violators, airplane commanders, shipmasters or trainmasters shall decide on places of temporary custody and assign persons to take charge of temporary custody.”.

62. To amend and supplement Article 123 as follows:

“Article 123. Competence to hold persons in temporary custody according to administrative procedures

1. In the cases specified in Clause 1, Article 122 of this Law, the following persons may decide on holding of persons in temporary custody according to administrative procedures:

a/ Chairpersons of commune-level People’s Committees;

b/ Chiefs of ward police offices, chiefs of police offices of communes and townships that have organized full-time police offices in accordance with the Law on the People’s Public Security Forces; heads of border-gate police offices of international airports; chiefs of police offices of border gates;

c/ Chiefs of district-level police offices; heads of professional divisions of the Traffic Police Department; heads of professional divisions of the Immigration Department; heads of professional divisions of the Police Department for Administrative Management of Social Order; heads of professional divisions of the Department for Cyber Security and Hi-Tech Crime Prevention and Combat; heads of professional divisions of the Fire Prevention and Fighting, Salvage and Rescue Police Department; heads of professional divisions of the Investigation Police Department on Drug-Related Crimes; heads of divisions of provincial-level Departments of Public Security, including: heads of Police Divisions for Administrative Management of Social Order, heads of Police Divisions for Investigation of Social Order-Related Crimes, heads of Police Divisions for Investigation of Corruption, Economic and Smuggling Crimes, heads of Police Divisions for Investigation of Drug-Related Crimes, heads of Traffic Police Divisions, heads of Road and Railway Police Divisions, heads of Road Traffic Police Divisions, heads of Waterways Police Divisions, heads of Mobile Police Divisions, heads of Safeguard Police Divisions, heads of Police Divisions for Execution of Criminal Judgments and Judicial Support, heads of Police Divisions for Environmental Crime Prevention and Combat, heads of Fire Prevention and Fighting, Salvage and Rescue Police Divisions, heads of Immigration Divisions, heads of Economic Security Divisions, and heads of External Security Divisions;

d/ Chiefs of mobile police units at the company or higher level;

dd/ Directors of district-level forest protection offices, heads of Mobile Forest Protection and Forest Fire Fighting and Prevention Teams, heads of Forest Protection Branches, heads of Regional Forest Protection Branches, head of fisheries resources surveillance stations under Regional Fisheries Resources Surveillance Branches; heads of Regional Fisheries Resources Surveillance Branches; and Director of the Fisheries Resources Surveillance Department;

e/ Heads of Customs Branches, heads of control teams under provincial-level Customs Departments; heads of Criminal Investigation Teams, heads of Anti-Smuggling Control Teams, and chiefs of marine control flotillas of the Anti-Smuggling Investigation Department;

g/ Heads of market surveillance teams; heads of professional divisions of the Market Surveillance Professional Department;

h/ Chiefs of border-guard stations, commanders of commanding boards of port border-gate guards, heads of border-guard flotillas, chiefs of border-guard fleets, heads of drug and crime prevention and combat task force regiments and chief commanders of provincial-level border guards;

i/ Captains of coast guard flotillas, captains of coast guard fleets, commanders of coast guard zones; heads of reconnaissance teams and heads of task forces for drug-related crime prevention;

k/ Airplane commanders, shipmasters and trainmasters in case airplanes, seagoing ships or trains have departed from aerodromes, seaports or railway stations;

l/ Judges chairing court hearings.

2. When they are absent, the persons competent to hold persons in temporary custody specified at Points a thru i, Clause 1 of this Article may empower their deputies to discharge the competence to hold persons in temporary custody according to administrative procedures. The empowerment must be expressed in decisions, clearly stating the scope, contents and period of empowerment. Empowered deputies shall be held responsible before their heads and before law for the exercise of delegated powers. Empowered persons may not empower any other persons.”.

63. To amend and supplement Point b, Clause 1, Article 124 as follows:

“b/ To consign or send back to reformatories, compulsory education institutions or compulsory drug rehabilitation facilities the subjects specified in Clause 1 of Article 111 and Clause 2 of Article 112 who fail to voluntarily execute their sanctions when the conditions for postponement or suspension of the sanctions no longer exist, and the subjects specified in Clause 2, Article 132 of this Law.”.

64. To amend and supplement a number of clauses of Article 125 as follows:

a/ To amend and supplement Clauses 3, 4 and 5, and add Clauses 5a, 5b and 5c below  Clause 5, of Article 125 as follows:

“3. Persons competent to apply the sanction of confiscation of material evidences and means used in administrative violations specified in Chapter II, Part Two of this Law are also competent to issue decisions on temporary seizure of material evidences and means used in administrative violations, licenses and practice certificates. The competence to decide on temporary seizure shall not depend on the value of material evidences and means used in administrative violations.

4. The measure of temporary seizure of material evidences and means used in administrative violations, licenses and practice certificates shall be applied on one of the grounds specified in Clause 1 of this Article, specifically as follows:

a/ A person competent to make administrative violation records who is handling an administrative violation case or matter  shall make a written record of temporary seizure of material evidences and means used in the administrative violation, licenses or practice certificates under Clause 9 of this Article;

b/ Within 24 hours after making a written record of violations, the record maker shall report on the temporarily seized material evidences and means used in the administrative violation, licenses or practice certificates to the person competent to decide on temporary seizure for consideration and issuance of a temporary seizure decision; a copy of the temporary seizure decisions shall be handed to the violator or the representative of the violating organization.

In case no temporary seizure decision is issued, temporarily seized material evidences and means used in the administrative violation, licenses or practice certificates must be immediately returned to their owner.

For material evidences being perishable goods, the persons temporarily seizing such goods shall promptly report thereon to their direct superiors for handling and pay compensations in accordance with law in case these goods decay or are lost.

5. Persons making temporary seizure records and persons issuing temporary seizure decisions shall preserve material evidences and means used in administrative violations, licenses and practice certificates. In case temporarily seized material evidences and means, licenses and practice certificates are lost, illegally sold, exchanged or damaged or have their attached accessories lost or replaced, persons issuing temporary seizure decisions shall pay compensations and be handled in accordance with law.

5a. When carrying out the temporary seizure, record makers and persons having temporary seizure competence shall seal the temporarily seized material evidences and/or means used in administrative violations, excluding:

a/ Live animals and plants;

b/ Goods or items that are perishable or difficult to be preserved specified by law.

5b. In case temporarily seized material evidences and means must be sealed, the sealing must be carried out in the presence of violators; if violators are absent, the sealing must be carried out in the presence of representatives of violators’ families, organizations and commune-level administrations or at least 1 witness.

5c. Records and decisions on temporary seizure of material evidences and means used in administrative violations, licenses and practice certificates may be made and sent electronically.”;

b/ To amend and supplement Clauses 8, 9 and 10, and add Clause 11 below Article 10, as follows:

“8. The period of temporary seizure of material evidences and means used in administrative violations, licenses or practice certificates must not exceed 7 working days, counting from the date of temporary seizure; in case dossiers of the cases or matters must be forwarded to persons having sanctioning competence, the period of temporary seizure must not exceed 10 working days, counting from the date of temporary seizure.

The period of temporary seizure may be prolonged for cases and matters falling into the case specified at Point b, Clause 1, Article 66 of this Law, but must not exceed 1 month, counting from the date of temporary seizure. For cases and matters falling into the case specified at Point c, Clause 1, Article 66 of this Law, the period of temporary seizure may be prolonged but must not exceed 2 months, counting from the date of temporary seizure.

The period of temporary seizure of material evidences and means used in administrative violations, licenses or practice certificates shall be counted from the time when such material evidences, means, licenses or practice certificates are physically seized.

The period of temporary seizure of material evidences and means used in administrative violations, licenses or practice certificates must not exceed the time limit for issuance of decisions on sanctioning administrative violations specified in Article 66 of this Law. In case of temporary seizure to ensure the execution of a sanctioning decision as specified at Point c, Clause 1 of this Article, the period of temporary seizure shall expire when the sanctioning decision is completely executed.

The persons having temporary seizure competence shall issue decisions on temporary seizure or extension of the period of temporary seizure of material evidences and means used in administrative violations, licenses or practice certificates.

9. A written record of temporary seizure of material evidences and means used in administrative violations, licenses or practice certificates must clearly state the names, quantities, categories and state of temporarily seized material evidences, means, licenses or practice certificates and bear the signatures of the person conducting temporary seizure and of the violator or representative of the violating organization; in case of failing to obtain the violator’s signature, the signature of at least 1 witness is required. A written record must be made in 2 copies, one to be kept by the violator or representative of the violating organization.

10. For means of transport involved in administrative violations and subject to temporary seizure to ensure the execution of sanctioning decisions, if violators have clear addresses and warehousing conditions for preservation of these means of transport or are financially capable of depositing a bail, they may keep these means of transport under the management by competent state agencies.

11. The Government shall detail this Article.”.

65. To amend and supplement a number of clauses of Article 126 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. Persons issuing decisions on temporary seizure of material evidences and means used in administrative violations, licenses or practice certificates shall handle temporarily seized material evidences, means, licenses or practice certificates by the methods stated in sanctioning decisions or return them to violators in case the sanction of confiscation of temporarily seized material evidences and means or deprivation of the right to use licenses or practice certificates is not applied.

Material evidences and means which are temporarily seized as they have been 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, violators shall pay a sum of money equal to the value of material evidences and means to the state budget. In case owners, managers or users intentionally let violators use material evidences and means in administrative violations according to Article 26 of this Law, such material evidences and means shall be forfeited into the state budget. 

For material evidences and means used in administrative violations which are subject to confiscation but have been registered for property mortgage security in accordance with the civil law, the mortgagee may receive the material evidences and means or a sum of money corresponding to the secured obligation; violators shall pay a sum of money equal to the value of the material evidences and means into the state budget.”;

b/ To amend and supplement Clause 4; and add Clauses 4a and 4b below Clause 4 as follows:

“4. Upon the expiration of the period of temporary seizure of temporarily seized material evidences and means used in administrative violations under Points a and b, Clause 1, Article 125 of this Law, if violators, owners, managers or lawful users do not come to claim without any plausible reason, the material evidences and means shall be handled as follows:

a/ In case violators, owners, managers or lawful users of material evidences and means can be identified, the persons issuing temporary seizure decisions shall notify them twice. The first notice shall be issued within 3 working days from the date the period of temporary seizure thereof expires. The second notice shall be issued within 7 working days from the date of issuance of the first one. After 1 month from the date of issuance of the second notice, if violators, owners, managers or lawful users still fail to come to claim, competent persons shall issue decisions to confiscate such administrative violation material evidences and means within 5 working days;

b/ In case violators, owners, managers or lawful users of material evidences and means cannot be identified, the persons issuing temporary seizure decisions shall make announcements twice in the central mass media or the mass media of the locality where the material evidences and means are temporarily seized. The first announcement must be made within 3 working days from the date the period of temporary seizure expires. The second announcement must be made within 7 working days from the date of the first one. After 1 year from the date of making the second announcement, if violators, owners, managers or lawful users fail to come to claim, competent persons shall issue decisions to confiscate such material evidences and means within 5 working days;

4a. Upon expiration of the time limit for execution of sanctioning decisions for material evidences and means used in administrative violations which are temporarily seized under Point c, Clause 1, Article 125 of this Law, if violators fail to comply with the decisions, the persons competent to conduct temporary seizure shall, within 5 working days from the date of expiration of such time limit, hand over  the material evidences and means to the persons competent to enforce decisions on  sanctioning of administrative violations for the latter to decide on the distraint of property for auction in accordance with law to ensure the enforcement of sanctioning decisions.

4b. Past the period of temporary seizure or the statute of limitations for enforcement of sanctioning decisions, if the violators fail to come to claim their licenses or practice certificates without plausible reasons, the persons competent to conduct temporary seizure shall, within 10 working days from the expiration of such period or statute of limitations, hand over the licenses or practice certificates to the issuing agencies for revocation in accordance with law and notifying such to the violators.”;

c/ To amend and supplement Clause 6 as follows:

“6. Narcotics and objects banned from possession and circulation must be confiscated or destroyed in accordance with this Law.”.

66. To amend and supplement Article 131 as follows:

“Article 131. Management of persons against whom the application of administrative handling measures is requested pending the completion of procedures for application of such measures    

1. For persons against whom the application of the measures of consignment to reformatory, compulsory education institution or compulsory drug rehabilitation facility is requested and who have a stable place of residence, agencies and persons competent to make dossiers shall decide to assign their families to manage them pending the completion of procedures for consideration and decision to apply such measures.

2. For those who have no stable place of residence or have a stable place of residence but their families refuse to manage them, the management pending the completion of procedures for consideration and decision to apply measures of consignment to reformatory, compulsory education institution or compulsory drug rehabilitation facility is as follows:

a/ Agencies and persons competent to make dossiers shall assign centers or establishments tasked to receive social policy beneficiaries or compulsory drug rehabilitation facilities of provinces or centrally run cities to manage persons against whom the application of the measure of consignment to compulsory drug rehabilitation facility is requested to manage them;

b/ Agencies and persons competent to make dossiers shall assign commune-level People’s Committees of the localities where persons against whom the application of the measure of consignment to reformatory or compulsory education institution is requested reside or commit the violations to manage them.

3. The duration of management shall be counted from the time of making dossiers to the time competent persons transfer violators to other places for application of administrative handling measures under decisions of courts.

The duration of management at centers or establishments for those specified at Point a, Clause 2 of this Article shall be deducted from the period of application of administrative handling measures.

4. A decision on placement of a violator under management of his/her family or an agency or organization must clearly state the date of issuance; full name and position of the issuer; full name, date of birth and place of residence of the person or name and address of the agency or organization assigned to manage the violator; full name, date of birth and place of residence of the managed person; reason for and duration of management and responsibilities of the managed person and managing person, agency or organization and commune-level People’s Committee of the locality where the managed person resides; and signature of the person deciding on placement of the violator under management of his/her family, agency or organization. Such decision shall be promptly sent to the person to be managed and his/her family or the managing agency
or organization.

5. In the duration of management, families or agencies or organizations assigned to manage violators shall:

a/ Prevent managed persons from relapsing into violation;

b/ Ensure the presence of managed persons when decisions on consignment to reformatory, compulsory education institution or compulsory drug rehabilitation facility are issued;

c/ Promptly report to competent agencies or persons that have issued decisions on placement of violators under management of families, agencies or organizations in case the managed persons abscond or commit violations.

6. In the duration of management, managed persons shall:

a/ Strictly abide by the law on temporary residence and temporary absence; and, when leaving their communes, wards or townships for stay in other localities, notify their families or agencies or organizations assigned to manage them of the address and duration of stay;

b/ Promptly show themselves up at head offices of agencies and persons competent to make dossiers upon request.

7. In the duration of management, competent agencies or persons that have issued decisions on placement of violators under management of families, organizations or agencies shall:

a/ Notify managed persons and their families or agencies or organizations assigned to manage such persons of their rights and obligations in the duration of management;

b/ Apply measures to support families, agencies or organizations assigned to manage these persons in managing and supervising them;

c/ When being notified of managed persons’ absconding or commission of violations, agencies or persons that have issued decisions on placement of violators under management of families, organizations or individuals shall timely take handling measures according to their competence or notify such to competent authorities for handling in accordance with law.

8. The Government shall detail this Article.”.

67. To amend and supplement Clause 3, Article 132 as follows:

“3. In case a person against whom a decision on consignment to reformatory has been issued under Clause 1 of this Article is aged full 18 years at the time of being founded, the district-level police office that has made the dossier shall request the district-level people’s court to consider and apply the measure of consignment to compulsory education institution if all conditions for application of the measure of consignment to compulsory education institution are met.

In case a person who is serving his/her sanction at a reformatory under Clause 2 of this Article is aged full 18 years at the time of being found, the principal of the reformatory shall make a dossier to request the district-level people’s court of the locality where the reformatory is located to consider and apply the measure of consignment to compulsory education institution if all conditions for application of the measure of consignment to compulsory education institution are met.”.

68. To amend and supplement Clause 3, Article 134 as follows:

“3. Sanctions to be imposed and sanctioning levels to be decided on minors committing an administrative violation must be lighter than those imposed on adults committing the same administrative violation.

For violators aged between full 14 years and under 16 years, fines must not be imposed.

In case violators aged between full 16 years and under 18 years are subject to fines, the fine level must not exceed half of that applicable to adults; if the violators are obliged to pay an amount equivalent to the value of material evidences and/or means used in administrative violations to the state budget as specified in Clause 1, Article 126 of this Law, the money amount payable to the state budget shall be half of the value of material evidences and/or means used in administrative violation. In case they have no money to pay fines or are unable to execute remedial measures, their parents or guardians shall do so on their behalf;”.

69. To add the following Clause 3 below Clause 2 of Article 138:

“3. Community-based education.”.

70. To amend and supplement Clause 1, Article 140 as follows:

“1.  Family-based management is a measure which shall be applied in substitution of  administrative violation handling to minors specified in Clauses 3 and 4, and illegal drug users aged between full 14 years and under 18 years specified in Clause 5, Article 90 of this Law when the following conditions are fully satisfied:

a/ The violators have voluntarily reported their violations and shown their sincere repentance for their violations;

b/ They have a living environment favorable for the execution of this measure;

c/ Their parents or guardians have sufficient conditions for managing them and voluntarily undertake the responsibility to manage them at family.”.

71. To add the following Article 140a below Article 140, Chapter II, Part Five:

“Article 140a. Community-based education

1. Community-based education is a measure which shall be applied in substitution of administrative violation handling to persons aged between full 12 years and under 14 years and falling under Clause 1, Article 92 of this Law who have stable places of residence and are studying at educational institutions, provided their parents or guardians have made written commitments to manage and educate them.

2. Pursuant to Clause 1 of this Article, people’s courts shall decide on the application of the measure of community-based education.

3. The period of application of the measure of community-based education shall be between 6 months and 24 months.

4. Within 3 working days from the effective date of a decision on application of the measure of community-based education, the decision-issuing people’s court shall send such decision to the concerned minor’s parent or guardian and commune-level People’s Committee of the locality where such person resides, or to a child assistance or social protection establishment for coordination in and supervision of implementation.

Minors subject to the application of the measure of community-based education may attend school or participate in other learning or vocational training programs; and participate in counseling and community-based life skill development programs.”.

72. To add:

a/ The phrase “, community-based education” before the phrase “ and  family-based management measures” in Clause 4 of Article 2;

b/ The phrase “, organizations” after the word “individuals” at Point c, Clause 1 of Article 5 and in Clause 4 of Article 62;

c/ The phrase “The Chief Justice of the Supreme People’s Court, the State Auditor General,” before the phrase “Chairpersons of People’s Committees at all levels” in the first paragraph of Clause 2 of Article 18;

d/ The word “, means” after the phrase “material evidences” in Article 60;

dd/ The phrase “and full name and position of at-law representatives” before the phrase “of the violating organization” at Point dd, Clause 1 of Article 68;

e/ The phrase “, directors of provincial-level Departments of Public Security” after the phrase “chiefs of district-level police offices” at Point b, Clause 2 of Article 100, and Point b, Clause 2 of Article 102.

73. To replace:

a/ The word “dismantlement” at Point b, Clause 1 of Article 28 and in Article 30 by the word “demolition”;

b/ The phrase “VND 50,000,000” at Point b, Clause 2 of Article 38 and Point b, Clause 5 of Article 39 by the phrase “VND 100,000,000”;

c/ The phrase “management of forests and forest products” at Point b, Clause 5 of Article 43 by the word “forestry”;

d/ The phrase “VND 25,000,000” at Point b, Clause 2 of Article 47 by the phrase “VND 50,000,000”;

dd/ The phrase “24 hours” in Clause 3 of Article 60 by the phrase “48 hours”;

e/ The phrase “proceeding-conducting agency” in Clauses 1, 2 and 3 of Article 62 by the phrase “agency having proceeding-conducting competence”;

g/ The word “hospitals” at Point d, Clause 2 of Article 94, Point b, Clause 2 of Article 96, and Point a, Clause 1 and Points a and c, Clause 2 of Article 111 by the phrase “medical examination and treatment establishments of district level or higher”;

h/ The phrase “3 days” in Clause 2 of Article 98 by the phrase “2 working days”;

i/ The phrase “2 witnesses” in Clause 4 of Article 128 and Clause 3 of Article 129 by the phrase “at least 1 witness”;

k/ The phrase “of a value not exceeding the fine level specified at Point b of this Clause” at Point c, Clause 3, and Point d, Clause 4, of Article 39, Point c, Clause 4, and Point c, Clause 5, of Article 41, Point c, Clause 2, Point c, Clause 3, and Point c, Clause 4, of Article 43, Point c, Clause 3 of Article 44, Point c, Clause 2 of Article 45, Point c, Clause 1, Point d, Clause 2, and Point d, Clause 3, of Article 46, Point c, Clause 1 of Article 47, Point c, Clause 1, Point c, Clause 2, and Point c, Clause 3, of Article 48, and Point c, Clause 2 of Article 49 by the phrase “of a value not exceeding twice the fine level specified at Point b of this Clause”.

The phrase “of a value not exceeding the fine level specified at Point b of this Clause” at Point c, Clause 1 of Article 38 by the phrase “of a value not exceeding twice the fine level specified at Point b of this Clause”.

74. To delete:

a/ The phrase “6 months” in Clause 3 and at Point c, Clause 5 of Article 17;

b/ The phrase “The handling of confiscated material evidences and means used in administrative violations must comply with Article 82 of this Law.” in Article 26;

c/ The phrase “of a value not exceeding the fine level specified at Point b of this Clause” at Point d, Clause 2 of Article 38, Point d, Clause 5 of Article 39, Point c, Clause 4 of Article 44, Point c, Clause 3 of Article 45, Point d, Clause 2 of Article 47, and Point c, Clause 4 of Article 49;

d/ The phrase “used for” at Point c, Clause 4 of Article 48;

dd/ The phrase “ Clauses 5 and 9” in Clause 3 of Article 60.

75. To annul Articles 50, 82 and 142.

Article 2. To amend and supplement Clause 1, Article 163 of Law No. 26/2008/QH12 on Enforcement of Civil Judgments, which was amended and supplemented by Law No. 64/2014/QH13 and Law No. 23/2018/QH14

To add Point dd below Point d, Clause 1 of Article 163 as follows:

“d/ Heads of civil judgment enforcement agencies under the Ministry of Justice; heads of judgment enforcement management agencies under the Ministry of National Defense.”.

Article 3. Effect

This Law takes effect on January 1, 2022.

This Law was passed on November 13, 2020, by the XIV^th National Assembly of the Socialist Republic of Vietnam at its 10^th session.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN