Pursuant to the law on organization of the Government of 25 December 2001;

Basing the Ordinance on administrative violations processing 2 July 2002; Ordinance amending some articles of the Ordinance on handling administrative violations on 8 March 2007; Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations on 02 Apr 2008;

Considering the recommendation of the Minister of Justice, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree detailing implementation of some articles of the Ordinance on handling administrative violations on 02 July 2002 Ordinance amending some articles of the Ordinance on handling administrative violations on 8 March 2007 and Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations on 02 April 2008 (here called the Ordinance) about some general principles in the handling of administrative violations, fines and administrative violations, measures to handle other administrative infringement, jurisdiction, procedures and adopting a number of preventive measures and ensure the handling of administrative violations.

Article 2. The authority regulates the administrative violations stipulates jurisdiction of administrative violations of article 2 of the Ordinance including the regulating authority of administrative violations in particular, sanctions, sanctions, additional remedial measures applied to each administrative violations; regulatory framework and the level of fines in the case of a fine; the rules of preventive measures and ensure the handling of administrative violations. Identifying and framing the fine level for administrative violations are based on the nature and extent of that behavior.

Article 3. Some principles of handling administrative violations some principles of handling administrative violations in item 2, 3 and 4 of article 3 of the Ordinance are specified as follows: 1. The individual, the organization only sanctioned administrative offense when there are violations of administrative law.

Personally, the only organization sanctioned administrative offense when there are administrative violations of specific provisions in the text of laws and ordinances of the Standing Committee of the National Assembly and the Government's Decree. The text by the Prime Minister, the Ministers, heads of ministerial agencies, the people's Council, the Ministry of communications issued to steer, guide and implement the handling of administrative violations under the authority not be prescribed administrative violations and form, the level of sanctions.

2. An administrative violations administrative sanctioned only once: a) A violation was authorized sanction sanction decisions or set thereon to sanction shall not be founded thereon, a decision the second sanction for that behavior. In the case of violations continued to be done despite being sanctioned authority ordered the suspension of the application of aggravating clause 8 article 9 of Ordinance;

b) An administrative violation was authorized sanction sanction decisions do not simultaneously apply other administrative handling measures prescribed in article 22 of the Ordinance for that behavior;

c) in the case of violations have been crime signs records suggest prejudice criminal liability which previously has decided to sanction the administrative violation, the person has decided to cancel the sanction decided to sanction; If not, then no sanctions decision sanctioning administrative violations for that behavior.

3. Many of the same people make an administrative violation, violators are sentenced on that behavior and sanction authority based on the nature and extent of the violation, violators, personal aggravation, mitigation that a decision fining for each person performing administrative violations.

4. A person who performs many of the administrative violations, the sanctioned about each violation prescribed in clause 2 Article 56 of the Ordinance.

Article 4. These cases do not handle the cases of administrative violations administrative violations do not handle according to clause 6 of article 3 of the Ordinance are specified as follows: 1. the urgent situation is a situation of people wanting to avoid a risk are in fact threatened the interests of the State , of the Agency, the Organization, the rights, legitimate interests of himself or of another person without the other is to cause a smaller damage damage need to be prevented.

2. legitimate defence is the behavior of a person because of the protection of the interests of the State, agency, organization, protection of rights, legitimate interests of himself or of others that resist returning a necessity people are violations of the aforementioned benefits.

3. The acts due to unexpected events, i.e. in the case could not foresee or not required to foresee the consequences of that behavior.

4. The implementation of administrative violations in the mental disease or a disease lose the ability or the ability to control his behavior.

For cases of mental disease person advantage or other disease lose the ability or the ability to control the acts to perform administrative violations, the exhibits, the means used to administrative violations must be confiscated, all the consequences of using these objects to breach must be remedied in accordance with the law.

Article 5. Compensation liability due to administrative violations of minors caused a minor administrative violations that cause damage, the liability for compensation is made according to the provisions of article 40 of the law on marriage and the family on 9 June 2000 and the account 2 3 things, 606 of the civil code on June 14, 2005.

Article 6. Aggravating The aggravation in the clause 1 and 2 article 9 of Ordinance are specified as follows: 1. the organized breach is the case there are two or more sentences together, intentionally performed administrative violations.

2. violations many times in the same field as the case performs administrative violations in the field which had previously violated but have not yet been discovered or not yet sanctioned and not over time sanctions.

3. It's in the same field as the case had sanctioned but not all the time limit of one year from the date of decision done executive sanction or from the date of execution of the decision to sanction the execution of administrative violations in the field were sanctioned.

"The field" clause is interpreted as the State management sector is regulated in each of the Government's Decree on sanctioning of administrative violations.

Article 7. The time limit to be considered not yet sanctioned administrative offense time limit to be considered not yet sanctioned administrative offense according to paragraph 1 article 11 of the Ordinance shall be as follows: the individual, the organization sanctioned administrative offense, if over one year from the date of decision done executive sanction (i.e. from date completed the obligations the requirements stated in the decision, sanction or punishment decisions from may be coercive enforcement) or from the date of the effective enforcement of the sanctions decision specified in article 69 of the Ordinance without making violations in the same field had previously sanctioned shall be regarded as not yet sanctioned administrative offense about that behavior.

Article 8. The time limit to be considered has not been applied to other administrative processing measures the duration to be considered has not been applied to other administrative processing measures according to clause 2 article 11 of the Ordinance shall be as follows: individuals have been applied in educational measures in commune, Ward, the , put on the market brought, brought into the institution, brought in healing facility, if the past two years, since the day the accomplished executive decision processing (i.e., from the date of expiry of the education in the communes, wards, town or school Executive at expiration, the institution, the basis of healing), or from the date of execution of the decision dealt with the provisions of Article 73 , 82, 91 and 100 of the Ordinance without making violations of the subject were to apply one of the measures of other administrative processing as defined in this paragraph shall be regarded as not yet being applied measures.

Article 9. Calculation of time limits, time limits in handling administrative violations 1. Time limit, time limits in the Ordinance are specified by month or by year, then that period is calculated by month, the calendar year, including all holidays under the provisions of the labor code.

2. The time limit in the Ordinance are prescribed by day, then that period is counted as working days, not including days off under the provisions of the labor code.

Article 10. The responsibility of the competent person in the handling of administrative violations 1. When the administrative violation detection, competent people are on duty to sanctioning administrative violations in the correct sequence of procedures prescribed in chapter VI of France ordered the administrative violation processing 2. Who has the authority to sanction abusive administrative prerogatives, powers, harassed, tolerate, cover, do not handle or handles are not strict administrative violations; the lack of responsibility too time sanctioning administrative violations; failure to comply strictly with the provisions in the application of preventive measures and ensure the handling of administrative violations; the decision to handle the administrative violation against the law, there is an error in the decision not to sanction administrative violations within the time limit specified in article 56 of the Ordinance, if not yet to the point of being blind for criminal liability shall be punished pursuant to the law on officers civil servants.

Chapter II form, COMPETENT HANDLING of ADMINISTRATIVE VIOLATIONS article 11. Deprived of the right to use the license, certificate of practice The Duke the right to use the license, certificate of practice under article 16 of the Ordinance shall be as follows:


1. Stripped of the right to use the license, certificate of practice is the additional sanctions to be applied, accompanied the main sanctions in individual cases, serious violation of organization terms of use license, the certificate of practice. The license, certificate of practice is the kind of papers by State authorities, who have jurisdiction to grant to the Organization, the individual provisions of the law to allow organizations, individual business, activities, practice in a certain field or using a type tool, certain media. The license, certificate of practice prescribed in this Article do not include business registration certificate, the certificate type associated with the human body to be granted no practice permitted purposes.

2. Deprived of the right to use the license, certificate of practice is applied has no time limit or time limit and are prescribed for violations of specific administrative, depending on the nature and extent of the violation.

The application deadline for the sanctions deprived of the right to use the license, certificate of practice has a time limit must not exceed 12 months; as for the form of stripping rights to use the license, certificate of practice is not the time limit time limit applies from 12 months or more.

Deprived of the right to use the term of the licence, the certificate of practice shall be calculated from the time of detention the license, certificate of practice. The case of a person who at the same time made many administrative violations that this behaviour was stripped of the right to use the same type of license, certificate of practice shall apply only deprived of the right to use the license, certificate of practice has the longest duration prescribed for the violation; If not the same type of license, certificate of practice shall apply separately for each behavior.

The time limit was stripped of the right to use the license, certificate of practice and the specific case of being deprived of the right to use the applicable license, certificate of practice is regulated in the Government Decree on sanctioning administrative violations in the field of governance.

Article 12. Confiscated exhibits, the means used to administrative violations The confiscated exhibits, the means used to administrative violations under article 17 of the Ordinance shall be as follows: 1. the confiscated exhibits, the means used to administrative violations is the additional sanction form applicable, accompanied by sanctions. Procedures and the specific case of being applied confiscated exhibits, the media is regulated in the Government Decree on sanctioning administrative violations in the field of governance.

2. Do not apply sanctions confiscated exhibits means in the case of exhibits, the media were held, personal violation of appropriation, unauthorized use of which must be returned to the owner or Manager, legitimate users. In the case of exhibits is the culture of toxic products, counterfeiting has no use value, articles harmful to human health, livestock, crops, then dealt with according to the provisions in clause 2 Article 61 of Ordinance.

Article 13. Other remedial measures specified in paragraph 3 of article 12 DD point Ordinance in addition to remedial measures specified in point a, b, c, d paragraph 3 article 12 of the Ordinance, the Government may prescribe additional remedial measures and jurisdiction to decide the application of the remedy of the consequences of that in the Decree of the Government about sanctioning administrative violations in the field of governance.

Article 14. The cost of implementing remedial measures prescribed in article 21a of the Ordinance in the case of individuals, the Organization of administrative infringement cannot perform remedial measures 1. Individual cases of administrative violations, the Organization could not perform remedial measures due to violations of the causes specified in article 21a of the Ordinance, the authorized agency only used funds from the State budget to implement remedial measures when there are enough of these conditions : a) need to have funding for remedial which individuals, organized administrative violations have no pay immediately or the process of implementation of remedial measures requires the application of technical measures, use of specialized technical equipment, join forces to overcome consequences should have professional qualification suitable to profession, can overcome the consequences caused by administrative infringement;

b) should proceed immediately remedy the consequences to timely prevent environmental pollution, spread of disease, ensure safety, social order, guaranteed traffic, protection of State interests, the general interest of the community.

2. Individuals, organized administrative violations must be responsible to reimburse the funds for competent management bodies have taken remedial measures. Individual cases, the organization does not reimburse then apply coercive measures to enforce.

Article 15. Determining the right sanctioning administrative violations rules determining the jurisdiction of sanctioning administrative violations under article 42 of the Ordinance are specified as follows: 1. the people's Committee Chairman the competent sanctions against administrative violations in the field of local governance.

2. The competent title sanctioning administrative violations of State management agencies by sector, competent field sanction for administrative violations are specified in the Decree of the Government on sanctioning administrative violations in the field of governance.

3. jurisdiction of the sanctions position under the provisions of the Ordinance in each specific case is determined as follows: a) the authority to impose a fine to be determined based on the maximum level of penalty framework prescribed for each administrative violations;

b) competent to apply this form of confiscated exhibits, means of administrative violations are determined based on the legal text about sanctioning administrative violations in the field of governance rules for authoritative titles confiscated exhibits, means of administrative violations with respect to a specific violation. The case of the Ordinance regulating the authority confiscated by the value of the exhibits, the media breached it must based on the actual value of the exhibits, the media authority to determine violations;

c) jurisdiction to apply form deprived the right to use the license, certificate of practice is determined based on the legal text about sanctioning administrative violations in the field of governance. For violations of the regulations apply sanctions deprived of the right to use the license, certificate of practice, the title would have the authority to sanction administrative violations for behavior that also has the right to sanction deprived the right to use the license or certificate of practice for violators; the case law has other rules prescribed by the law. Within three days from the date of issuance of decision sanctioning administrative violations, who sanction decisions are notified in writing to the licensing authority, the certificate of practice about the sanctions applied were deprived of the right to use the license, certificate of practice;

d) jurisdiction to apply remedial measures were identified based on the Ordinance provisions authorized titles apply remedial measures; at the same time based on specific violations have stipulated the adoption of remedial measures are specified in the Decree of the Government on sanctioning administrative violations in the field of governance;

DD) in the case of the level of fines, the value of exhibits seized media or in the form of sanctions or remedial measures not in authority or in excess of jurisdiction, then the person who is accepting the violation must promptly transfer that breach incident to the competent sanctions.

Article 16. Authorization handling administrative violations processing authorisation the administrative violation under article 41 and item 2 Article 45 of the Ordinance shall be as follows: 1. The authorized handling administrative violations by the titles specified in article 41 and article 45 of the Ordinance only made for deputies. The authorization must be made in writing. Authorization handling administrative violations must be clearly define the scope, content, the proxy deadline.

The case of the custody decision under the administrative procedure, the authorization is only done when the level of the Chief is absent.

2. Deputies are authorized to handle administrative violations must be responsible to decide the handling of administrative violations of his level head and before the law. Person authorized is not authorized for any other individual.

Chapter III a NUMBER of PREVENTIVE MEASURES and ENSURE the HANDLING of ADMINISTRATIVE VIOLATIONS to article 17. Visit places of hiding evidence and means of administrative violations The hiding place visit exhibits, means of administrative violation under article 49 of the Ordinance shall be as follows: 1. The hiding place visit exhibits, means of administrative violations only by those competent to proceed in accordance with the provisions of article 49 of the Ordinance.

2. hiding Place exhibits, means of administrative infringement is the location at which the breach, hiding artifacts, money, goods and means of administrative violations. If the violation of hiding evidence and means of administrative violations in the examination measures the shall apply according to the provisions of article 47 of the Ordinance.

3. In the case where hiding exhibits, means of administrative violations is the place in the competent person specified in article 45 of the Ordinance to be conducted only after the visit has been agreed in writing by the Chairman of the people's Committee at district level where there are exhibits, the media is hiding.

Accommodation in regulation in this location is used to populate frequently for personal or household has a permanent residence or temporary stay; for media registration, if the media is the place of residence of the individual, the household.

4. The hiding place visit exhibits, means of administrative violations at night only to be made in the following cases:


a) emergencies, is the case of the base for that if not the Organization immediately visit exhibits, means of administrative violations will gone, destroyed, or the collection of evidence could not be performed;

b) hiding place visit case exhibits, means of administrative violations are being made that has not ended, the case that the examination was started from the previous 22 hours on the same day that did not finish until 5 a.m. the following day.

5. All cases examined where hiding evidence, the media must be established in accordance with the prescribed form thereon.

Article 18. The procedure of administrative procedures to guarantee the administrative guarantees under article 50 of the Ordinance shall be as follows: 1. The guarantee by the Chairman of the Administrative Committee at district level decision in time consider adopting one of the measures taken in the field brought, brought into the institution , the basis of healing. Administrative guarantees are given to family or social organization where the object implementation resides. In case the guarantee is that juveniles shall guarantee the Administration was entrusted to father, mother or guardian of the person is made.

2. The President of the people's Committee at district level decision entrusting the administration of guarantees for the family, social institutions where the object resides; in the decision must specify: the day, month, year of decision; they, the name, the position of the decision; they, the name, date of birth, place of residence of the person who was given bail or name, address of the social organization was given the guarantee; they, the name, date of birth, place of residence of the person is guaranteed; the reason of the delivery guarantee; duration of the guarantee; the liability of the guarantee, the liability of the person or organization receiving the guarantee and the responsibility of the people's Committee of social level where the object resides; the signature of the person who decided to guarantee delivery. Within 5 days from the date of the decision, the decision to guarantee delivery addressed to the person or organization receiving the guarantee, the guarantee and the people's Committee of social level where people are resident to guarantee implementation.

3. the guarantee period of administration by the President of the people's Committee of the district level decision, must not exceed 35 days for the case the guarantee subject to put into the market brought, put on the basis of healing and must not exceed 50 days for the case of the guarantee in the object put into the institution. The guarantee administration ended when the expiry stated in the decision to guarantee delivery. In case not all of time guarantees that had decided to apply the measures of administrative processing, the duration of the guarantee termination at the time the object was sent to executive measures for administrative processing at the school brought in or brought into the institution, the basis of healing.

Article 19. The liability of the Organization, the individual during the administrative guarantees 1. During the period of guarantee, family, social organization was given the administrative responsibility guarantee: a) monitoring, managed not to guarantee continuing to violate the law;

b) ensure the presence of the person is guaranteed in the residence when a decision is taken on the field brought, brought into the institution, taken on the basis of healing;

c) timely reporting to the President of the people's Committee of social level where people are assigned to guarantee people's Committee Chairman social report to the President of the people's Committee at district level in case people are guaranteed to escape or violation of the law during the period of guarantee.

2. During the guarantee period, the guarantee of responsible Government: a) accepted the provisions of the law on staying, temporarily absent. When going out of the locality, wards, towns have to notify families, social organizations was given guarantees about the address where to, staying at that time;

b) timely presence in people's Committee Chairman when the township-level people's Committee of social requirements.

3. Within the guarantee period, the people's Committee Chairman granted the commune where people are guaranteed residence administrative responsibility: a) to notify families, social organizations delivered guarantee and the guarantee of their rights and obligations during the period of guarantee;

b) implement measures for family support, social organization was given bail in managing, monitoring who is guarantor in place of residence;

c) When informed about the guarantee fled the residence or violations of the law, the Chairman of the Social Committee shall report immediately to the Chairman of the people's Committee at district level where has the decision to guarantee timely handling measures prescribed by the law.

Chapter IV PROCEDURE for SANCTIONING of ADMINISTRATIVE VIOLATIONS to article 20. Suspension suspension violations violations under article 53 of the Ordinance shall be as follows: When the administrative violation detection, competent people are on duty to decide the Summit just right violations. The suspension decision may be decided by written or verbal expression decisions, Horn, signals or other forms of case specific violations.

Article 21. Simple sanctioned procedure for the application of the procedure simple sanctioned under article 54 of the Ordinance shall be as follows: 1. the sanction according to the simple procedure stipulated in article 54 of the Ordinance is the sanction, in which case the authority sanction does not establish the minutes of administrative violations that a decision fining spot , except in the case of administrative violation was discovered thanks to the use of vehicles, technical equipment. These cases are conducted under a simple procedure sanctions include: a) administrative violations sanctions prescribed is warned or fine from 10,000 Dong to 200,000;

b) Numerous administrative violation by a person who made that sanctions for each of these acts is the caution or a fine of 10,000 to 200,000 Dong Dong.

2. Decide the sanction must be written according to the form prescribed. Individuals, organizations may submit sanctioned penalties in place to sanction and authority received the receipts by the Ministry of Finance issued the fine. In the case of non-submission of the fines on the spot, the individual, the organization filed infringement fines at the State Treasury within the time limit specified in paragraph 1 to article 58 of the Ordinance.

Article 22. Set the minutes of the administrative violations administrative violations thereon under Article 55 paragraph 1 and paragraph 2 to article 55a of the Ordinance shall be as follows: 1. the authorized person are on duty are responsible for setting the minutes in accordance with the form prescribed for administrative violations that I discovered and moved immediately to the person who has the authority to sanction. The minutes must be signed as prescribed in paragraph 3 Article 55 of the Ordinance.

2. for cases of using the media, professional technical equipment to detect violations of the Administration in ensuring the orderly, safe road traffic, rail, inland waterway, maritime, civil aviation in addition to the contents specified in item 2 Article 55 of Ordinance on administrative violations thereon shall be added the following : the media, professional technical equipment used to detect violations; images, logs, trace records obtained by the media, professional technical equipment; the other evidence and details (if any).

The minutes of administrative violations in the cases of administrative violations who deliberately evade is understood to be the case at the time, the Agency has the authority to establish the minutes of administrative violations violators were not without good reason.

Article 23. The time limit for a decision to sanction sanctions decision deadline under article 56 of the Ordinance shall be as follows: 1. for the simple, obvious violations, do not need to verify more then have to sanction decision within a period not exceeding 10 days from the date of establishment of the minutes of the administrative violations. The decision sanctioning administrative violations must be in accordance with the prescribed form.

2. With regard to the incident are more complex as exhibits, the media needs assessment, it should clearly define the object of administrative violations or other complex details, the time limit for a decision sanctioning is 30 days from the date of establishment of the minutes.

3. In case it deems needed more time to verify, collect evidence, the latest 10 days before the time limit specified in paragraph 2 of this article, the person who has the authority to sanction direct heads of report writing to renewals; the extension is written; grace period not exceeding 30 days.

4. Except for the decision to apply sanctions expulsion, the authorized person is not the decision to sanction in the following cases: a) is out of the time limit specified in paragraph 1 of this article: b) Has the expiry of decision sanction prescribed in clause 2 of this that does not please extend or renew the permit but not be competent for the extension;

c) Have expiry are renewed authority.

5. In the absence of a decision to sanction, the competent person may still decide to apply remedial measures specified in paragraph 3 article 12 of Ordinance and confiscated exhibits administrative violations of the prohibition of circulation, circulation.

Article 24. Executive decision sanctioning administrative violations executive decision sanctioning administrative violations under article 64 of the Ordinance shall be as follows: 1. The individual, the organization sanctioned to executive decision sanctioning administrative violations within 10 days from the date of delivery of the decision to sanction unless otherwise specified by law. After the decision to sanction, the person has the authority to sanction the decision to the person sentenced or inform them to get; the time of people getting sanctioned the decision to sanction is considered the time delivered the decision specified in article 64 of the Ordinance.

2. Individual, non-sanctioned Organization Executive voluntarily within the time limit specified in paragraph 1 of this article shall be comply.


3. The case was over a year, that authority cannot be delegated the decision to sanction the person sanctioned by the person not to receive and do not identify their addresses or other objective reasons people decide to sanction the decision to suspend the enforcement of the sanctions stated in the decision with respect to that person except the form of confiscated exhibits, means of administrative violations; with respect to exhibits, means of hold violations shall apply as specified in paragraph 4 to article 61 of the Ordinance; If you need to apply remedies for environmental pollution, spread disease or destruction of items harmful to human health, livestock, crops, then the competent person must implement these measures. The State budget for the implementation of this measure or are deducted from the cash sale of exhibits or means seized (if available).

Article 25. The decision forced remedial in no case a decision sanctioning administrative violations required remedial decision in case no decision sanctioning administrative violations are defined as follows: 1. In the case of too time sanctioning administrative violations set forth in article 10 of the Ordinance or too time limit decision sanctions the provisions of article 23 of this Decree, the authorized person is not the decision to sanction, but can still decide to apply remedial measures.

2. required remedial decisions are in writing in accordance with the prescribed form. In the decision must specify: the day, month, year of decision; they, the name, the position of the decision; they, the name, address, occupation of the offense or the name, the address of the offending organization; administrative violations; details regarding the resolution of violations; Article, account laws apply; reasons not to apply sanctions; remedial measures are applied; the time limit for the implementation of remedial decisions; signature of person making a decision.

Article 26. Determine the average of the frame of the fines the determination of the average of the frame of the fine under clause 2 Article 57 of the Ordinance shall be as follows: When a fine, level specific fines for administrative violations with no aggravation or mitigation is the average of the frame of penalties are prescribed for that behavior. The average of the frame of the fine is determined by dividing the total number of double minimum plus the maximum level.

Article 27. The case, filed numerous fines 1. The fine is applied many times when there are enough of the following conditions: a) fined from 10,000,000 VND and above for individuals and from 100,000,000 or more copper for the Organization;

b) specifically struggling economically and has fine form many times. Application of the individual must be the people's Committee of social place that residents or organizations where that person works confirm special disadvantaged economically; as for the petition of the Organization must be certified by the tax authorities (or bodies responsible governance).

2. The time limit for submission of the fine many times not exceeding twelve months from the date of the decision to effect sanctions; number of times the fine must not exceed 3 times and each time the minimum fine not less than one-third (1/3) of the money to pay the fine. The money has not yet filed a penalty incurred non-term interest rate is calculated from the time the decision to sanction the effect.

3. Who has fine decision have the right to decide the fine several times. The decision on whether to fine several times in writing.

Article 28. Where to fine where the fine under article 58 of the Ordinance shall be as follows: 1. The individual, the organization sanctioned to pay the fine at the State Treasury according to the provisions of article 57 of the Ordinance, unless already filed with the fines on the spot and those specified in paragraph 2 of this Article.

2. In the remote, Outback, on the River, the sea, the region where the trouble or out of office hours, the individual, the organization sanctioned can fine for sanctioning authority.

"Remote, outback" are the Picardy region of mountains, Islands and other places with no or too far from the State Treasury.

3. The Ministry of finance specifies the currency and pay the fine in the case specified in clause 2 of this Thing.

Article 29. Return the papers or exhibits, the media have been detained to ensure the enforcement of the decision to impose a fine in the case be postponement decision, be fine many times the return travel documents or exhibits, the media have been detained to ensure the enforcement of the decision to impose a fine in the case was the decision postponement under paragraph 4 to article 65 of the Ordinance is specified as follows: 1. In the event of postponement of the personal decision to impose a fine as prescribed in article 65 or individuals, organizations are fine as many times as specified in paragraph 5 to article 57 of the Ordinance, the person that received the license of circulating vehicles, driver's license, other necessary documents or exhibits , the media were detained to ensure the enforcement of the decision to impose a fine as stipulated in paragraph 3 to article 57 of the Ordinance.

2. Who has the authority to sanction is responsible to pay back for the postponement was decided to impose a fine or be fine many times the papers or exhibits, hold means prescribed in paragraph 1 of this article when deciding the postponement decision, decide on the fine many times have effect.

Article 30. Transfer decision sanctioning administrative violations in order to execute the transfer decision sanctioning administrative violations to enforce under article 68 of the Ordinance shall be as follows: 1. In the case of individuals, implementation of administrative violations in the administrative units in this province but residents , headquartered in the other and no executive conditions decided to sanction in place of sanctioned then decided to be transferred to the Agency the same level where individual, Organization Headquarters to organize implementation; If the place of residence, personal organizer based no agency the same level then decided to sanction was moved to the people's committees at district level to organize implementation.

2. in case of violation occurred in geographical districts within a province in the mountainous, island or the outlying regions, other Outback travel difficult and the individual, the organization violated no executive conditions where sanction decisions sanctioned then decided to be transferred to the Agency the same level where individual the headquarters organization, to organize the implementation.

Article 31. Seal the decision sanctioning administrative violations 1. The decision to sanction the violation of the administrative authority sanctioned the Agency stamp of authority sanction for that behavior.

2. With regard to the decision of the competent person to sanction sanctions prescribed in article 41 of the Ordinance, the seal was close up 1/3 (one third) to the left of the signature the signature of the person authorized to decide punishments.

3. for decisions of sanctions the authority sanction that does not have the authority to directly stamp then decided to sanction is stamped bodies decide sanction on the left corner at the top of the decisions, where burn Vatican agency name and number, the symbol of the sanction decision.

Article 32. Return the records violations to the administrative sanction violations returned to administrative sanctions under article 63 of the Ordinance shall be as follows: 1. In case of violations records were transferred to the body conducting criminal proceedings authorized under the provisions of paragraph 1 to article 62 of the Ordinance , but found there was not enough violations constitutes that offence signs signs of administrative violations, the Agency's authority to conduct criminal proceedings must make a decision to return the records violations for authority sanctioning administrative violations and in three days from the date of the decision is sent to that violation records along with decisions to sanction authority.

2. Who has the authority to sanction the decision to sanction for breach incident in paragraph 1 of this article within the time limit: a) If before the incident violated the Agency conduct criminal proceedings which authorized sanctions already applied term sanctions prescribed in paragraph 3 Article 23 of this Decree, the time limit for a decision process the maximum penalty is 10 days from the date of the decision to return the records violations;

b) If before the incident violated the agency conducting the criminal proceedings to which the authority sanction not to renew the term of punishment prescribed in paragraph 3 Article 23 of this Decree, the time limit for a decision the maximum punishment is 15 days from the date of the decision to return the profile service breach. In the event it deems needed more time to verify, collect evidence, the people are accepting the violation may apply to extend the time limit for a decision to sanction prescribed in paragraph 3 Article 23 of this Decree.

Article 33. Move the profile object in criminal prosecution accused not to treat administrative violations the transfer of records of criminal prosecution accused not to handle the administrative violation under article 63 of the Ordinance shall be as follows: in the case of people who have violations in criminal cases have been prosecuted but not starting the Prosecutor accused that have sign violations administrative violations, the Agency's authority to conduct criminal proceedings are of the case which is the decision to transfer the records violations to the competent handling of administrative violations. Profile violations include: a copy of the violation, the decision to suspend the investigation with regard to objects, exhibits, the means used to violating (if available) and copies of other documents directly related to the violation.

Article 34. Determine the value of the exhibits, means of administrative violations to defined base frame made of fine, the authority sanction


1. After the custody proceeding exhibits, means of administrative violation, the person has the authority to sanction conduct appraisals as a basis for determining fine frame, authorized sanctions against administrative violations and are responsible for the pricing of exhibits, means of administrative violations.

2. The type of evidence, the media in particular, the determination of price is based on one of the grounds according to the following order of priority: a) Price listed or price indicated on the contract or Bill of sale or import declarations;

b) market price for exhibits, the media at the time where the administrative violation according to the findings reported in the price of local financial bodies;

c) of exhibits, the media if the commodity is not exported for sale;

d) for exhibits, the media is false then the reviews of exhibits, that means is the real market price of the goods or merchandise of the same features, techniques, uses at the time where the administrative violation detected.

DD) actual value rest of exhibits, media.

3. where does not apply are the grounds prescribed in clause 2 of this valuation to exhibits, the media, the authorities, who have jurisdiction to sanction established the Council valuation. Pricing Council must have the participation of a representative of the auction service centre provincial financial agency representative or district level. Pursuant to the nature, characteristics of each incident, the decision to establish the Council decide the members of the Council include representatives of the relevant professional bodies to join the Council.

If the value of the exhibits, the media violate the jurisdiction seized of the person who has the custody decision, that person decided to confiscate; in case the value of the exhibits, the offending vehicle in excess of the jurisdiction seized of the person who made the decision to transfer the evidence custody service violations to the appropriate authorities.

4. The base price and the materials related to the valuation of goods, exhibits, means of administrative violations are shown in the record sanctioning administrative violations.

Article 35. Handling of exhibits, media confiscating additional State funds due to administrative violations 1. Within 5 days from the date of the decision to confiscate the State Fund for additional exhibits, means of administrative violations, the Agency decides to send the decision to confiscate and notice to financial institutions of the same level. Particularly for administrative violations as exhibits goods and easy to be damaged, then the competent person must handle the seizure as defined in paragraph 3 Article 61 of Ordinance and under the guidance of the Minister of finance.

2. within 10 days from the date of the decision to confiscate exhibits, means of administrative violations, the Agency had decided to confiscate hosted, in cooperation with financial institutions and other relevant organizations handling exhibits, means that administrative violations as follows: a) for exhibits was the Vietnam , foreign exchange, certificate reviews, gold, silver, precious stones, precious metals, then transferred to the State Treasury; the papers, documents, documents relating to the assets transferred to the provincial financial authorities, central cities;

b) for exhibits, other means such as: weapons; support tools; historical valuables, culture; national treasures; antiques; rare forest products goods and other property transferred to the State Management Agency specialized in order to manage, treat as prescribed by law;

c) for exhibits, the media has been the decision by the authorized State bodies for the transfer of functions to the management, use, the Agency had decided to confiscate, in collaboration with financial institutions organized transfer to the State Agency has the function of management , use.

The delivery and reception of evidence, means prescribed in points a, b and c of paragraph 2 of this Article shall be conducted in accordance with the law on transferring and receiving State assets;

d) for exhibits, the media is goods not be auctioned, then processed according to the rules of the type of goods and products;

DD) for the exhibits, vehicle seized, additional State funds, the sale must be delivered to the auction according to provisions of law on auctioned property.

Delivery of exhibits, the means provided for in paragraphs 1 and 2 of this must be made in the minutes. Minutes of delivery of exhibits, the media must specify: the day, month and year of delivery; the handover; the recipient, signed by the recipient, delivery; the quantity, condition (quality) exhibits, seized vehicles; the responsibility for preservation of exhibits, vehicle seized.

Profile handed exhibits and means of administrative violations to the agency receiving, handling properties and auction service centre or Provincial Assembly auction of district level include: the decision to confiscate funds supplement State; the papers, documents relating to the ownership, legal rights (if any) and other relevant documents;

e) for exhibits, vehicles seized which are not sold, the heads of the authority decision to confiscate decided to set up the Council to liquidate assets within 60 days from the date of the written notice of the auction Center, provincial or district level auctioneers Board about the exhibits seized vehicles, not sold.

The composition of the Board of liquidation of assets include: head of the decision to confiscate the Chairman of the Council; leaders of financial institutions at the same level as Vice President of the Council. Depending on the nature and characteristics of the exhibits, means of liquidation and the actual situation in the local authority Council decide the membership is representative of the judicial authority, to manage the market, the relevant professional bodies to join the Council.

Article 36. Delivery of exhibits, means of administrative violations for auction 1. With respect to exhibits, means of administrative violation confiscated to supplement public funds as specified in paragraph 61 of this Ordinance, the person who has the decision to confiscate is responsible for preservation of exhibits, that means. Based on the value of exhibits, the media is determined by the provisions of article 34 of this Decree, within 10 days from the date of the decision to confiscate, who decided to transfer confiscated exhibits, means of administrative violations to the authorities responsible for auction as defined in clause 1 Article 61 of Ordinance. Delivery of exhibits, the media breached seized for auction service centre or Provincial Assembly auction of district level does not depend on the value of the exhibits, means of administrative violations.

2. Delivery of exhibits, the media agency responsible for auction must be made in the minutes. In the minutes must specify: the day, month and year of delivery; the handover; the recipient; signature of person delivery, recipient, status, number of exhibits, seized vehicles; the responsibility for preservation of exhibits, seized vehicles for auction. Profile handed exhibits and means of administrative violations to the authorities responsible for the auction include: the decision to confiscate exhibits, media; the papers, documents relevant to the ownership, legal rights (if any); text valuation of exhibits, the media and the minutes handed exhibits and means it.

3. In the case of exhibits, means of administrative violations are bulky items or have a large number of which the Service Centre provincial auctioneers or auction Board of district level have no where to store then once done transfer procedure can sign contracts with property preservation where holding exhibits , that means. The cost for the implementation of the contract to be paid from the amount auctioned exhibits, the media obtained after the auction as defined in clause 1 Article 37 of this Decree.

4. When the exhibits, means of administrative violation confiscated have been transferred to the agency responsible for auctioning the property auction procedures are performed under the provisions of the law of property auction.

Article 37. Manage the proceeds from auctioning exhibits, media confiscating additional State funds due to administrative violations 1. The proceeds from the auctioning exhibits, media confiscating additional State funds must be filed in the Agency's custody account financing in the State Treasury the same level after deducting the expenses for transportation, delivery, storage and auction fees in accordance with the law.

2. financial authority levels are responsible for the payment of a reasonable fee, valid concerning the work of verifying, investigating, buying information, arrest, provided information to detect, handle, handling of assets (classification, valuation) and other costs related to property disposal management. The remaining amount is remitted to the State budget according to the provisions of the law on decentralization the current state budget.

The Minister of Finance shall guide the implementation of the provisions of paragraphs 1 and 2 of this Article.

Article 38. Issued decision thereon, the form used in the handling of administrative violations.

The templates thereon, and decided to use in sanctioning administrative violations are attached to the Decree the provisions on sanctioning administrative violations in the field of governance based on the Article 46, 47, 48, 49, 54, 55, 55a, 56, 61, 71, 78, 87, 96 of the Ordinance on handling administrative violations.

Chapter V ENFORCEMENT PROVISIONS Article 39. The effect of this Decree, Decree effective since January 1, 2009 and replacing Decree No. 134/2003/ND-CP on November 14, 2003 detailing the implementation of a number of articles of the Ordinance on handling administrative violations in 2002.

Article 40. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.