Resolution No. 24/2012/QH13 of the National Assembly on the implementation of the Law on Handling of Administrative Violations

THE PRESIDENT

Order No. 17/2012/L-CTN of July 2, 2012, on the promulgation of resolution of the National Assembly

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the X^th National Assembly, the 10^th  session;

Pursuant to Article 91 of the Law on Organization of the National Assembly;

Pursuant to Article 57 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Resolution on the implementation of the Law on Handling of Administrative Violations,

which was adopted on June 20, 2012, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 3^rd session.

President of the Socialist Republic of Vietnam
TRUONG TAN SANG

Resolution on the implementation of the Law on Handling of Administrative Violations

(No. 24/2012/QH13)

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No.51/2001/NQ-QH10;

RESOLVES:

Article 1.

1. The Law on Handling of Administrative Violations was passed on June 20, 2012, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 3^rd session, and will take effect on July 1, 2013, except the provisions concerning to the application of administrative handling measures to be considered and decided by people’s courts, which will take effect on January 1, 2014.

2. Ordinance No. 44/2002/PL-UBTVQH10 on Handling of Administrative Violations, Ordinance No. 31/2007/PL-UBTVQH11 Amending and Supplementing a Number of Articles of the 2002 Ordinance on Handling of Administrative Violations, and Ordinance No. 04/2008/UBTVQH12 Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations cease to be effective on the effective date of the Law on Handling of Administrative Violations, except the provisions concerning the application of the measure of consignment to reformatories, educational institutions or medical treatment establishments which will continue to be effective through December 31, 2013.

Article 2.

From the date of promulgation of the Law on Handling of Administrative Violations:

1. The measures of education in communes, wards or townships and consignment to medical treatment establishments shall not be applied to prostitutes. Persons who commit acts of prostitution shall be administratively sanctioned in accordance with law.

2. The measure of education in communes, wards or townships shall not be applied to persons who are between full 12 and under 14 years old and commit acts showing signs of an intentional serious crime prescribed in the Penal Code or repeatedly commit petty theft, petty swindling, petty gambling or disturbance of public order.

3. The measure of consignment to reformatories shall not be applied to the following persons:

a/ Persons who are between full 12 and under 14 years old and commit acts showing signs of a very serious crime or an unintentional particularly serious crime prescribed in the Penal Code.

b/ Persons who are between full 12 and under 14 years old, commit acts showing signs of a less serious crime or serious crime prescribed in the Penal Code, have been subject to the measure of education in communes, wards or townships or have not yet been subject to such measure but have no permanent place of residence;

c/ Persons who are between full 14 and under 16 years old, commit acts showing signs of a less serious crime or an unintentional serious crime prescribed in the Penal Code, have been subject to the measure of education in communes, wards or townships or have not yet been subject to such measure but have no permanent place of residence.

4. The measure of consignment to reformatories, educational institutions or medical treatment establishments shall not be applied to pregnant women having hospital certification; women or persons who are solely nursing under-36-month infants and have certification of commune-level People’s Committees of localities where they reside.

5. If dossiers of request for application of corresponding administrative handling measures to the persons mentioned in Clauses 1, 2, 3 and 4 of this Article are still being compiled, their compilation shall not continue for consideration and application of such measures.

If decisions on application of corresponding administrative handling measures to the persons mentioned in Clauses 1, 2, 3 and 4 of this Article have been issued but not yet executed or have been postponed from execution, they shall not be executed. In case these decisions are being executed or temporarily suspended from execution, they shall no longer be executed for their remaining validity duration.

The cases specified in this Clause and those exempt from execution of decisions on application of administrative handling measures or exempt from execution of such decisions for their remaining validity duration correspondingly for the persons mentioned in Clauses 1, 2, 3 and 4 of this Article shall be regarded as having not yet been subject to any administrative handling measures.

6. For persons who are between full 12 and under 14 years old and commit acts showing signs of an intentional very serious crime; persons who are between full 14 and under 16 years old, commit acts showing signs of an intentional serious crime prescribed in the Penal Code, have not yet been subject to the measure of education in communes, wards or townships, and have no permanent place of residence; persons who are between full 14 and under 18 years old, repeatedly commit petty theft, petty swindling, petty gambling or disturbance of public order, have not yet been subject to the measure of education in communes, wards or townships, and have no permanent place of residence, the following provisions shall apply:

In case dossiers of request for consignment of these persons to reformatories are being compiled or decisions on application of the measure of consignment to reformatories have been issued but not yet executed or have been postponed from execution against these persons, these dossiers or decisions shall be transferred to chairpersons of commune-level People’s Committees for consideration and decision on application of the measure of education in communes, wards or townships; those who have no permanent place of residence shall be consigned to social relief or childcare establishments for management and education during the period of execution of the measure of education in communes, wards or townships.

In case the measure of consignment to reformatories has been executed for less than 3 months, the execution of such measure shall continue until the expiration of the 3-month duration. In case the measure of consignment to reformatories has been executed for more than 3 months, it must be stopped.

Article 3.

1. The provisions of the Law on Handling of Administrative Violations shall be applied to the handling of violations committed before July 1, 2013, as follows:

a/ The provisions on sanctioning, provisions on postponement of or exemption from execution of sanctioning decisions and other provisions on sanctioning which are in favor of administrative violators shall apply to violations which are committed before that date and detected later or being examined for handling;

b/ The provisions on the procedures for application of the measure of education in communes, wards or townships which are in favor of individuals who commit violations before that date and are detected later or are being examined for handling shall apply .

2. For decisions on sanctioning of administrative violations or decisions on application of administrative handling measures which are issued or completely executed before the effective date of the Law on Handling of Administrative Violations but still complained about by individuals or organizations sanctioned for administrative violations or by individuals subject to administrative handling measure(s), the provisions of the Ordinance on Handling of Administrative Violations shall apply.

Article 4.

1. The National Assembly Standing Committee shall stipulate the order and procedures for consideration and decision on the application of the administrative handling measure of consignment to reformatories, institutions for compulsory education or establishments for compulsory detoxification.

2. The Government and Supreme People’s Court shall, within the ambit of their tasks and powers, implement and guide the implementation of this Resolution; organize the review of relevant legal documents in order to promptly amend and supplement them or promulgate new ones in conformity with the Law on Handling of Administrative Violations. The Government shall expeditiously prepare physical foundation, organization and resource conditions for promptly organizing the uniform management of the implementation of the law on handling of administrative violations in order to assure the effect of the Law on Handling of Administrative Violations in accordance with Clause 1, Article 1 of this Resolution.

3. The Supreme People’s Court shall, within the ambit of its tasks and powers, expeditiously recruit and professionally train judges and civil servants, consolidate physical foundations, equipment, facilities and working conditions of people’s courts in order to meet the requirements of consideration and decision on the administrative handling measure of consignment to reformatories, institutions for compulsory education or establishments for compulsory detoxification in accordance with the Law on Handling of Administrative Violations.

4. The Government and Supreme People’s Court shall, within the ambit of their tasks and powers, coordinate with the Central Committee of the Vietnam Fatherland Front and its member organizations in widely disseminating and popularizing the Law on Handling of Administrative Violations in order to contribute to enhancing socialist legality and promote the effectiveness of the Law on Handling of Administrative Violations.

5. The National Assembly and its Standing Committee, Nationality Council, Committees and deputies shall, within the ambit of their tasks and powers, oversee the implementation of this Resolution.

This Resolution wad adopted on June 20, 2012, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its 3^rd session.-

Chairman of the National Assembly
NGUYEN SINH HUNG