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Ordinance On 44/2002/pl-Ubtvqh10: Handling Administrative Violations

Original Language Title: Pháp lệnh 44/2002/PL-UBTVQH10: Xử lý vi phạm hành chính

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To fight the prevention and fight against administrative violations, helping to maintain security, order, social security, protect the interests of the State, the rights, legitimate interests of individuals, organisations, strengthening Socialist legislation, enhance the effectiveness of the State;

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 was amended and supplemented by resolution No. 51/2001/QH10 on 25 December 2001 of the Xth Congress, session 10;

Based on the resolutions of the National Assembly, 10-session program on building laws and ordinances in 2002;

This Ordinance regulates the handling of administrative violations.

Chapter I GENERAL PROVISIONS article 1. Handling of administrative violations 1. Handling of administrative violations include sanctioning administrative violations and measures of other administrative processing.

2. Sanctioning administrative violations are applicable to individuals, agencies and organizations (hereinafter referred to as individuals, organizations) acts intentionally or unintentionally violating the provisions of the law on the management of the State which is not a crime and under the provisions of the law must be sanctioned administratively.

3. Measures for other administrative processing is applied for individuals there are violations of the law of security, social order and safety, but not yet to the level of prejudice criminal liability is stipulated in articles 23, 24, 25, 26 and 27 of this Ordinance.

Article 2. The authority regulates the administrative violations and apply measures to handle other administrative government regulation of administrative violations, fines, remedial measures for administrative violations in the field of governance; regulations apply educational measures in commune, Ward, town, put on the market brought, brought into the institution, brought in healing facility, administrative probation.

Article 3. The principle of handling administrative violations 1. All administrative violations must be detected promptly and must be suspended immediately. The handling of administrative violations must be conducted justly, promptly, thoroughly; any consequences due to administrative violations must be fixed in accordance with the provisions of the law.

2. Individuals, held only when there is a Government sanctioned violation of administrative law.

Individuals only applying measures to handle other administrative LF belong to one of the objects is regulated in articles 23, 24, 25, 26 and 27 of this Ordinance.

3. The handling of administrative violations by persons competent to proceed in accordance with the provisions of the law.

4. An administrative violations administrative sanctioned only once.

Many people make an administrative violation, violators are sanctioned.

A person who performs many of the administrative violations, the sanctioned about each violation.

5. The handling of administrative violations must be based on the nature and extent of the violation, violators of identity and the extenuating circumstances, aggravating to decide the form and appropriate disposal measures.

6. Do not handle the administrative violations in the case in a situation of legitimate defence, urgent, unexpected events or administrative violations while mental disease or other diseases do lose cognitive ability or the ability to control his behavior.

Article 4. Responsibility, prevention and struggle against administrative violations 1. Agencies, organizations and all citizens must strictly comply with the provisions of the law on the handling of administrative violations. The Agency, the organisation has the task of educating members of the Agency, held about the sense of protection and comply with the law, the rules of social life, promptly take measures to eliminate the causes, conditions causing violation of administrative bodies, organize themselves.

2. When there are administrative violations, the competent handling of administrative violations are responsible for that breach as prescribed by law.

Prohibiting the abuse of position, authority, harassment, tolerate, cover, handle no strict administrative violations.

3. Citizens have the right and obligation to detect, denounce all violations and administrative violations of the law of the competent handling of administrative violations.

4. the Committee of the Vietnam Fatherland Front and the front's member organizations, within the scope of the functions, duties, authority is responsible for supervising the enforcement of law in the handling of administrative violations.

Article 5. Monitoring, checking in the handling of administrative violations 1. Ethnic Council, committees of the Parliament, the people's Council in the scope of its powers, duties of monitoring the enforcement of law in the handling of administrative violations.

2. The Heads of State bodies have the responsibility to regularly check the handling of administrative violations of the authority handling administrative violations in the scope of his management, promptly handle law violations and complaints, accusations of handling administrative violations in accordance with the law.

Article 6. Subjects dealt with administrative violations 1. The subject was sanctioning administrative violations include: A) People from enough 14 years to under 16 years sanctioned administration of administrative violations due to willful; people from 16 years of sanctioned administration of any breach of his administration.

Active military personnel, reservists in training focus time and those people's public security forces in violation of the administrative processing as for other citizens; in case of need application form of penalty deprived the right to use some of the operating licence for the purpose of Defense, security, then the sanction does not directly handle that suggest organs, military units, police have the authority to handle according to the order of discipline;

B) organization sanctioned the Administration about any breach of his administration. After the executor decides to sanction the organization sanctioned, determine the individual at fault causing the administrative violations to determine that person's liability under the provisions of the law;

C) individuals, foreign organizations administrative violations within the territory, exclusive economic zone and the continental shelf of the Republic of Vietnam, the Socialist Government sanctioned under the provisions of the law of Vietnam, except in the case of international treaties to which the Socialist Republic of Vietnam signed or joined otherwise.

2. The subject was applied the administrative processing measures are those set forth in articles 23, 24, 25, 26 and 27 of this Ordinance.

Measures to handle other administrative provisions in this Ordinance does not apply to foreigners.

Article 7. Handle minor administrative violations 1. People from 14 years to under 16 administrative violations, the penalty of caution.

People from age 16 to under 18 years administrative violations can be applied sanctions administrative violations specified in article 12 of this directive. When a fine against them, the level of fines are not too part two penalties for underage persons; in case they do not forfeit any money then the parent or guardian must file instead.

2. Minors are violations of the law are stipulated in item 2 Article 23, paragraph 2, point b article 24 item 2 Article 26 of this Ordinance shall be handled in accordance with the terms thereof.

3. A minor administrative violations causing damage to indemnification under the provisions of the law.

Article 8. Extenuating circumstances 1. The following is the extenuating circumstances: A) the administrative violations has to prevent, alleviate the harmful effects of the breach or voluntary remedial, compensation for damage;

B administrative infringement) people have voluntarily declare, honest remorse;

C) breach in a State of agitated about the spirit due to unlawful acts of others;


D) violated by forcing or being physically or mentally;

DD) The breach is pregnant women, the elderly, people who have the disease or disability-aware capacity negated or ability to control his behavior;

E) violate because of the particularly difficult circumstances that do not by themselves cause;

G) violation due to the level of backwardness.

2. In addition to the conditions prescribed in paragraph 1 of this article, the Government may prescribe the conditions another is mitigating in the text provisions on sanctioning of administrative violations.

Article 9. Aggravating details Only after this is aggravating: 1. organized violation;

2. violations many times in the same field or re-offending in the same field;

3. Solicitation to entice a minor infringement, forcing people with dependencies on physical, mental violations;

4. apply infringement due to the use of wine, beer or other stimulants;

5. Taking advantage of position and powers to violate;

6. Taking advantage of the circumstances of the war, the plight of disaster or other special difficulties of society to the violation;

7. violations in time are penalty of criminal judgment or executive decisions are handling administrative violations;

8. Continue to implement administrative violations although the authority had requested the termination of the Act;

9. After the breach was behaving evade, hide administrative violations.

Article 10. Time handling administrative violations 1. Time sanctioning administrative violations is one year from the date of the administrative offense was made; for administrative violations in the field of finance, securities, intellectual property, construction, environment, safety and radiation control, housing, land, dykes, publish, export, import, exit, entry or administrative violations are acts of smuggling, fake goods production and trafficking, the duration is two years; If the time is not sanctions but still apply remedial measures are specified at points a, b, c, d and paragraph 3 article 12 of this directive.

Authorized sanctions if there are errors in the past to mark sanctioning administrative violations shall be dealt with according to the provisions of article 121 of this Ordinance.

2. for individuals who have been prosecuted, indicted or had decided to put on trial under criminal proceedings, but later decided to suspend the investigation or the suspension of the case which have sign violations administrative violations were administrative sanctions; within three days from the date of the decision to suspend the investigation, to suspend the case, who decide to send the decision to the person who has the authority to sanction; in this case, time sanctioning administrative violations is three months from the date the competent sanctions get decided to suspend and records violations.

3. Within the time limit prescribed in clause 1 and clause 2 of this individual, which held back the implementation of new administrative violations in the field had previously violated or willfully evading, obstructing the sanctions do not apply time limits prescribed in clause 1 and clause 2 of this Thing; time sanctioning administrative violations were counted back from the time of implementation of new administrative violation or termination acts impedes evading sanctions.

4. Time limits apply to other administrative processing measures are stipulated in articles 23, 24, 25 and 26 of this Ordinance.

Article 11. The time limit is considered to have not yet dealt with administrative violations 1. Personally, the organization sanctioned administrative offense, if over one year from the date of decision done executive sanction or from the date of execution without sanction decision it shall be regarded as not yet sanctioned administrative offense.

2. Individuals apply other administrative processing measures, if the past two years, since the day the accomplished Executive decided to handle or from the date of execution decides to handle that does not perform the acts specified in articles 23, 24, 25, 26 and 27 of this Ordinance shall be regarded as not yet being applied measures.

Chapter II FORMS of SANCTIONING ADMINISTRATIVE VIOLATIONS and REMEDIAL MEASURES article 12. The sanctions administrative violations and remedial measures 1. For each administrative violations, the individual, the organization suffered a breach in the sanctions: A) caution;

B) fine.

2. Depending on the nature and extent of the violation, individual, organization, administrative violations can be applied one or the additional sanctions: A) deprived of the right to use the license, certificate of practice;

B) confiscated exhibits, the means used to administrative violations.

3. In addition to the sanctions set forth in clause 1 and clause 2 of this individual, organization, administrative violations can also be applied to one or more remedial measures: A) Forced to restore original state has been changed due to administrative violations caused or forced dismantling unauthorised building works;

B) enforce the remedy of environmental pollution, the spread of disease due to administrative violations cause;

C) Forcibly taken out of the territory of Vietnam or forcing the re-export of goods, articles, media;

D) Forced to destroy articles harmful to human health, livestock and crops, toxic food culture;

DD) other measures prescribed by the Government.

4. Alien administrative violations can also sanctioned deportation. Expulsion is applied as the main sanctions or additional sanctions in each specific case.

Article 13. Warning caution be applied for personally, organizing small administrative violations, first, there are extenuating circumstances or for all administrative violations by minors from age 14 to age 16 under full implementation. Caution was the decision in writing.

Article 14. A fine of 1. Fines in sanctioning administrative violations is from 5,000 to 500 million dong.

2. Based on the nature and extent of the violation, the levels of maximum fines in the field of governance are defined as follows: A) the maximum fine to 20 million VND applied for administrative violations in the field: order, social security; the management and protection of transportation; management and protection of irrigation works; labour; measurement and quality goods; accounting; Statistics; Justice; social insurance;

B) the maximum fine to 30 million VND applied for administrative violations in the field: order, road traffic safety, the waterway; culture-information; travel; Prevention of social evils; the land; Dyke and flood prevention, storm; of health; reviews; electric power; protection and quarantine; protection of the aquatic resources; veterinary medicine; management, forest protection, forest products; Defense; Security;

C) maximum fine up to 70 million VND applied for administrative violations in the areas of: trade; Customs; protection of the environment; safety and radiation control; the order, safe railway traffic; construction; postal, telecommunications and radio frequency; securities; the Bank; technology transfer;

D) the maximum fine to 100 million VND applied for administrative violations in the field of: minerals; intellectual property; marine cargo; Civil Aviation; tax (except tax laws have provisions);

DD) the maximum fine to 500 million dong to be applied for infringement territorial waters, the contiguous zone, the exclusive economic zone and the continental shelf of the Socialist Republics Vietnam aims to research, exploration, mining, petroleum, seafood resources, other natural resources.


3. for administrative violations in the field of governance have not been specified in paragraph 2 of this Article, the Government fines, but not to exceed 100 million maximum contract.                                                                                 

Article 15. Expulsion expulsion is forcing alien Vietnam law violations must leave the territory of the Socialist Republic of Vietnam.

The Government regulates the procedure of expulsion.

Article 16. Deprived of the right to use the license, certificate of practice Deprived the right to use the license, certificate of practice has no time limit or time limit is applicable to individuals, held serious violations of use license, the certificate of practice. In the time being deprived of the right to use the license, certificate of practice, individuals, not organizations are conducting activities recorded in the license, the certificate of practice.

Article 17. Confiscated exhibits, the means used to administrative violations 1. Confiscated exhibits, the means to be used to violate the Administration to State Fund, money, goods, vehicles are directly related to administrative violations.

2. Not confiscated exhibits, means of getting personal, organized administrative infringement, unauthorized use that returned to the owner or Manager, legitimate users.

Article 18. Forced to restore original state has been changed due to administrative violations caused or forced dismantling unauthorized building works individuals, organizations have to restore the original state has been changed by his administrative infringement caused or to dismantling unauthorized building works; If the individual, the organization violated involuntarily made the application of coercive measures. Personal, held in violation must bear all expenses for the application of coercive measures.

Article 19. Forced to remedy environmental pollution, the spread of disease due to administrative violations cause individuals, organized administrative violations must immediately suspend the violation causes environmental pollution, spread of disease and to implement measures to overcome; If the individual, the organization violated involuntarily made the application of coercive measures. Personal, held in violation must bear all expenses for the application of coercive measures.

Article 20. Forcibly taken out of the territory of Vietnam or forcing the re-export of goods, articles, goods, articles, vehicles were brought into the territory of Vietnam, imported contrary to the provisions of the law or to temporarily enter appeared but not re-export in accordance with the provisions of the law shall be taken out of the territory of Vietnam or forced back. Individuals, organizations must bear all costs of infringement to implement this measure.

Article 21. Force destroy articles harmful to human health, livestock and crops, toxic products, cultural articles harmful to human health, livestock and crops, toxic food culture are exhibits administrative violations must be destroyed. If the individual, the organization violated involuntarily made the application of coercive measures. Personal, held in violation must bear all expenses for the application of coercive measures.

Chapter III MEASURES to HANDLE OTHER ADMINISTRATIVE Things. Measures to handle other administrative measures administrative processing include: 1. Education in the communes, wards and towns;

2. Put on the field brought;

3. Put in the institution;

4. Put on the basis of healing;

5. administrative probation.

Article 23. Education in the communes, wards, town of 1. Education in the communes, wards and towns due to the people's Committee Chairman communes, wards and towns (hereinafter referred to as the social level) decided for those set forth in paragraph 2 of this Article to educate, manage at the residence.

The deadline to apply measures for education in the communes, wards and towns is from three months to six months.

2. The subject of educational measures in commune, Ward, include: A) People from enough 12 years to under 16 years perform acts that signs of a serious crime by intentionally provisions in the criminal code;

B) Person from 12 years and up enough to have identity theft, phishing, gambling little small, disturbing public order;

C) drug addicts from 18 years of age, the regular nature of prostitution from 14 years old enough to have certain residence;

D) people age 55 for women and 60 years for men made of violations of the laws specified in paragraph 2 of article 25 of this Ordinance.

3. Time limits apply educational measures in commune, Ward, the town is six months, since execution of violations specified in point a or since the last execution of violations specified in points b and c of paragraph 2 of this Article; the above time limits also apply to the case specified in clause 2 of this Thing with a d, since the last execution of violations specified in clause 2 of article 25 of this Ordinance.

4. The Chairman of the Committee responsible township-level people's organizations make educational measures in commune, Ward, the town; in collaboration with the relevant organizations, organs at the base and family management, educating the audience.

5. The Ministry of public security system for directing the implementation of educational measures in commune, Ward, the town.

Article 24. Put on the school brought 1. Put on the market brought by the President of the people's Committee of the district, County, city, town in the province (hereinafter referred to as district level) decided against juveniles have violations of law in paragraph 2 of this Article to learn the culture, vocational education, apprenticeship, labour activities under the management of university education.

The application deadline of the measures taken in the field brought is from six months to two years.

 2. Subjected to measures taken in the field brought include: A) from the age of 12, enough to under 14 years performing acts have the sign of a very serious crime or a particularly severe provisions in the criminal code;

B) People from 12 years to under 16 years perform acts have signs of a less serious crime or serious offence provisions in the criminal code that had previously been applied in educational measures in commune, Ward, subdistrict or have not been applied this measure but without certain residence;

C) People from 14 years to under age 18 many times made the theft, small, small gambling scam, disturbing public order which had previously been applied in educational measures in commune, Ward, subdistrict or have not been applied this measure but do not have place of residence.

 3. Time limits apply measures taken on the field brought are specified as follows: A) A year since the implementation of violations specified in point a of paragraph 2 of this Article;

B) Six months after implementation of violations specified in point b or since you last performed one of the violations specified in point c of paragraph 2 of this Article.

4. The Ministry of public security established the market brought by area; in case of needs, the local Chairman of the provincial people's Committee, the central cities (hereafter referred to as the provincial level) proposed the Ministry of public security established the school brought in his local.

The Ministry of public security management unifying the Liberal school, in cooperation with the Ministry of education and training, Ministry of labor, invalids and Social Affairs, the Committee on the protection and care of children of Vietnam and the relevant organizations, organs of the Organization, the management of the school brought suit ages from 12 years to under 15 years old and from the age of 15, enough to under 18.

Article 25. Take on the institution


1. Put on the institution by the Chairman of the provincial people's Committee decided to apply for violations of the law prescribed in clause 2 of this Thing to labor, cultural, vocational school, activities under the management of the institution.

The deadline to apply the measures taken on the basis of education is from six months to two years.

2. Subjected to measures taken on the basis of education is the infringement of the property held in the country or abroad, property, health, honor, dignity of the citizens, of foreigner, violating the order, social security has often but not to the level of prejudice criminal liability , has been applied in educational measures in commune, Ward, subdistrict or have not been applied this measure but do not have place of residence.

Do not put into educational establishments who are not yet 18, age 55, men on women over age 60.

3. Time limits apply measures taken on the basis of education is only a year since the last one made in violation of the provisions in paragraph 2 of this Article.

4. The Ministry of public security established the regional institutions; in case of needs, the local Chairman of the provincial people's Committee proposed the Ministry of public security established in local institutions.

The Ministry of public security system for the management of the institution, in cooperation with the Ministry of education and training, Ministry of labor, invalids and Social Affairs in the Organization, the management of the institution.

Article 26. Taken on the basis of healing 1. Taken on the basis of healing by the President of the people's Committee of the district level decision for violation of laws prescribed in clause 2 of this Thing to labor, cultural, vocational learning and healing under the management of the facility.

The basis of healing must organize the area reserved for people under age 18.

The basis of healing must take measures for prevention of HIV/AIDS and other infectious diseases.

The deadline to apply the measures taken on the basis of healing for people with drug addiction is from one year to two years, for prostitution is from three months to eighteen months.

2. Subjected to measures taken on the basis of healing includes: A drug addict) from 18 years of age has been applied in educational measures in commune, Ward, subdistrict or have not been applied this measure but without certain residence;

B) who sold pornographic in nature, often from enough aged 16 has been applied in educational measures in commune, Ward, subdistrict or have not been applied this measure but do not have place of residence.

Do not put in the basis of healing people who sell sex under 16 or over 55 years old.

3. Time limits apply measures taken on the basis of healing is six months since the last execution of violations specified in points a and b of paragraph 2 of this Article.

If after three months since the last execution of violations that violators have distinct progress in the observance of the law shall not apply to measures taken on the basis of healing.

4. The Chairman of the provincial people's Committee established and managed the basis of healing according to the province, the central cities.

5. The Ministry of labour, invalids and Social Affairs in collaboration with the Ministry of health, Ministry of education and training, Ministry of public security, Committee on child care and protection in the construction of the Vietnam study programs, labor, cure fits every type of object in the base of healing.

Article 27. Administrative probation 1. Administrative probation due to people's Committee Chairman granted the decision for violation of laws detrimental to national security, but not to the level of prejudice to criminal responsibility. People with administrative probation must reside, do business, live in a certain locality and subject to the management, education of Government, local people.

Administrative probation period is from six months to two years.

2. Do not apply to administrative probation for persons under age 18.

3. The Ministry of public security system for the direction of administrative probation.

Chapter IV COMPETENT HANDLING of ADMINISTRATIVE VIOLATIONS to article 28. Competent handling of administrative violations of the people's Committee Chairman granted the commune people's Committee Chairman granted the commune has the right to: 1. Caution;

2. A fine of up to 500,000;

3. the confiscated exhibits, the means used to administrative violations worth up to 500,000;

4. Forced to restore original state has been changed due to administrative violations cause;

5. Enforce the remedy of environmental pollution, the spread of disease due to administrative violations cause;

6. Forced culling articles harmful to human health, livestock and crops, toxic food culture;

7. Decides to apply the education measures in communes, wards and towns.

Article 29. Competent handling of administrative violations of the people's Committee Chairman granted the district people's Committee Chairman district level have the right to: 1. Caution;

2. A fine of up to 20 million VND;

3. Strip the right to use the license, certificate of practice in the jurisdiction;

4. the confiscated exhibits, the means used to administrative violations;

5. Apply remedial measures prescribed in points a, b and d of article 12 paragraph 3 of this Ordinance;

6. Decides to apply the measures taken on the field brought;

7. Decides to apply the measures taken on the basis of healing.

Article 30. Competent handling of administrative violations of the Chairman of the provincial people's Committee Chairman of the provincial people's Committee has the right to: 1. Caution;

2. the maximum fines for the areas defined in paragraph 2 and paragraph 3 of article 14 of this Ordinance;

3. Strip the right to use the license, certificate of practice in the jurisdiction;

4. the confiscated exhibits, the means used to administrative violations;

5. Apply remedial measures prescribed in paragraph 3 article 12 of the Ordinance;

6. Decides to apply the measures taken on the basis of education;

7. Decides to apply the measures of administrative probation.

Article 31. Competent handling of administrative violations of the people's public security 1. Soldiers are the people's police on duty have the right: A) caution;

B) a fine of up to 100,000 dong.

2. The station chief, Captain of the provisions in paragraph 1 of this article has the right to: A) caution;

B) a fine of up to 200,000.

3. Head of public security social apply forms of handling administrative violations specified in article 28 of this Ordinance, except for the decision to apply the educational measures in commune, Ward, the town.

4. Police district level have the right to: A) caution;

B) fines up to 10 million;

C) Deprived the right to use the license, certificate of practice in the jurisdiction;

D) confiscated exhibits, the means used to administrative violations;

DD) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.

5. the head of the police administration of social order, the Chief of traffic police, the Chief of police, fire, fire chief of the economic police, the Chief of criminal police, the Chief of the police crime prevention drugs, head of the exit and entry management, heads of police mobile unit from the company over the independent nature of activity The station chief Stations, immigration, export processing zones have the right: A) caution;

B) fines up to 10 million;

C) Deprived the right to use the license, certificate of practice in the jurisdiction;

D) confiscated exhibits, the means used to administrative violations;

DD) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.

6. the Director of the provincial public security has the right to: A) caution;

B) a fine of up to 20 million VND;

C) Deprived the right to use the license, certificate of practice in the jurisdiction;


D) confiscated exhibits, the means used to administrative violations;

DD) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.

7. Chief of police administration of social order, traffic police Chief, Chief of police, fire, fire chief of the economic police, the Criminal Police Bureau Chief, Director of the Crime Prevention Bureau of the Police Narcotics Bureau Chief, exit administration the entry has the right: A) caution;

B) fines to the maximum extent for the areas in its management rights prescribed in points a, b, c and d of paragraph 2 and paragraph 3 of article 14 of this Ordinance;

C) Deprived the right to use the license, certificate of practice in the jurisdiction;

D) confiscated exhibits, the means used to administrative violations;

DD) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.

8. The Minister of public safety decides to apply sanctions to expel.

Article 32. Competent handling of administrative violations of the border guard 1. Border guard soldiers are on duty have the right: A) caution;

B) a fine of up to 100,000 dong.

2. Captain of the provisions in paragraph 1 of this article has the right to: A) caution;

B) a fine of up to 200,000.

3. Head of frontier, the Commander of the border Division, Chief of the U.S. border zone has the right: A) caution;

B) fines up to 10 million;

C) confiscated exhibits, the means used to administrative violations;

D) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.

4. the Commander of the provincial border guard, Commander of the squadron directly border the Commander of border guard has the right to: A) caution;

B) fines to the maximum extent for the areas in its management rights prescribed in points a, b, c and d of paragraph 2 and paragraph 3 of article 14 of this Ordinance;

C) confiscated exhibits, the means used to administrative violations;

D) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive. 

Article 33. Competent handling of administrative violations of Coast Guard 1. Professional team of Police Coast Guard is on duty have the right: A) caution;

B) a fine of up to 200,000.

2. Chief of marine police profession Nest has the right: A) caution;

B) a fine of up to 500,000 VND.

3. The captain of the coast guard service have the right to: A) caution;

B) a fine of up to 2 million.

4. The Division Head of Coast Guard squadron has the right: A) caution;

B) a fine of up to 5 million VND;

C) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.

5. Chief Squadron Squadron police marine reserves: A) caution;

B) fines up to 10 million;

C) confiscated exhibits, the means used to administrative violations;

D) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.

6. the Commander of the Marine Police Region has the right to: A) caution;

B) a fine of up to 20 million VND;

C) confiscated exhibits, the means used to administrative violations;

D) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.

7. the Director General Coast Guard has the right to: A) caution;

B) fines to the maximum extent for the areas in its management rights prescribed in clause 2 and clause 3 of article 14 of this Ordinance;

C) Deprived the right to use the license, certificate of practice in the jurisdiction;

D) confiscated exhibits, the means used to administrative violations;

DD) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.

Article 34. Competent handling of administrative violations of customs 1. The captain of the professional customs Bureau has the right to: A) caution;

B) a fine of up to 500,000 VND.

2. the Chief Bureau of customs, the captain of the control in the Bureau of customs, the province, the central cities (hereafter referred to as the Bureau of customs), the captain of the team in control against smuggling and control Squadron Captain Navy sea anti-smuggling Bureau of investigation Of the Bureau of Customs has the right to : A) caution;

B) fines up to 10 million;

C) confiscated exhibits, the means used to administrative violations worth up to 20 million dong.

3. the Director of the Bureau of Customs has the right to: A) caution;

B) a fine of up to 20 million VND;

C) Deprived the right to use the license in the jurisdiction;

D) confiscated exhibits, the means used to administrative violations;

DD) apply remedial measures prescribed in points c and d article 12 paragraph 3 of this Ordinance.

4. the Director of the anti-smuggling Bureau of Investigation Department of the General Directorate of Customs has the right to: A) caution;

B) fines to the maximum extent for the field of customs, the tax provisions in the points c and d, item 2 article 14 of this Ordinance;

C) Deprived the right to use the license in the jurisdiction;

D) confiscated exhibits, the means used to administrative violations;

DD) apply remedial measures prescribed in points c and d article 12 paragraph 3 of this Ordinance.

Article 35. Competent handling of administrative violations of the Ranger 1. Park Rangers are on duty have the right: A) caution;

B) a fine of up to 100,000 dong.

2. The Station Chief Ranger Stations have the right to: A) caution;

B) a fine of up to 2 million;

C) confiscated exhibits, the means used to administrative violations worth up to 10 million.

3. the Chief Grain Seeds, nuts foresters Gospel Seeds Rangers Chief, Captain of the Ranger maneuver has the right: A) caution;

B) fines up to 10 million;

C) confiscated exhibits, the means used to administrative violations worth up to 20 million VND;

D) Forced to restore original state has been changed due to administrative violations caused.

4. Bureau Chief FPD has the right: A) caution;

B) a fine of up to 20 million VND;

C) Deprived the right to use the license, certificate of practice in the jurisdiction;

D) confiscated exhibits, the means used to administrative violations;

DD) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.

5. the Director has the Power Rangers: A) caution;

B) fines to the maximum extent for the field of management, forest protection, forest products specified in point b of paragraph 2 of article 14 of this Ordinance;

C) Deprived the right to use the license, certificate of practice in the jurisdiction;

D) confiscated exhibits, the means used to administrative violations;

DD) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.

Article 36. Competent handling of administrative violations of the tax authorities unless the law otherwise about the fine, the following people have the right to: 1. tax services staff are on duty have the right: A) caution;

B) a fine of up to 100,000 dong.

2. the Chief Tax Stations Stations, the captain of the Tax has the right to: A) caution;

B) a fine of up to 2 million.

3. Bureau Chief Tax Bureau has the right to: A) caution;

B) fines up to 10 million;

C) confiscated exhibits, the means used to administrative violations.

4. the Director of the tax has the right to: A) caution;

B) to the maximum fines for the tax specified in point d of paragraph 2 of article 14 of this Ordinance;

C) confiscated exhibits, the means used to administrative violations.


Article 37. Competent handling of administrative violations of market management 1. Market controllers are on duty have the right: A) caution;

B) a fine of up to 200,000.

2. The captain of market management have the right to: A) caution;

B) a fine of up to 5 million VND;

C) confiscated exhibits, the means used to administrative violations worth up to 30 million VND;

D) Forced to destroy articles harmful to human health, livestock and crops, toxic food culture.

3. Bureau Chief market management Bureau has the right to: A) caution;

B) a fine of up to 20 million VND;

C) Deprived the right to use the license, certificate of practice in the jurisdiction;

D) confiscated exhibits, the means used to administrative violations;

DD) Forced to destroy articles harmful to human health, livestock and crops, toxic food culture.

4. Director market management have the right to: A) caution;

B) fines to the maximum extent for the trade sector specified in point c of paragraph 2 of article 14 of this Ordinance;

C) Deprived the right to use the license, certificate of practice in the jurisdiction;

D) confiscated exhibits, the means used to administrative violations;

DD) Forced to destroy articles harmful to human health, livestock and crops, toxic food culture.

Article 38. Competent handling of administrative violations of the specialized inspection 1. Specialized inspectors are on duty have the right: A) caution;

B) a fine of up to 200,000;

C) confiscated exhibits, the means used to administrative violations worth up to 2 million;

D) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.

2. The Chief Inspector of the Department-level professions have the right to: A) caution;

B) a fine of up to 20 million VND;

C) Deprived the right to use the license, certificate of practice in the jurisdiction;

D) confiscated exhibits, the means used to administrative violations;

DD) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.

3. The Chief Justice Inspector of specialized ministries, ministerial agencies, government agencies have the right to: A) caution;

B) fines to the maximum extent for the field in his management rights prescribed in points a, b, c and d of paragraph 2 and paragraph 3 of article 14 of this Ordinance;

C) Deprived the right to use the license, certificate of practice in the jurisdiction;

D) confiscated exhibits, the means used to administrative violations;

DD) apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.

Article 39. Competent handling of administrative violations of maritime Port Director, the Director of port service Port Director, inland Aviation Services Director of Maritime Ports, the port Director, Service Director, inland Port service row does not have the right to: 1. Caution;

2. A fine of up to 10 million;

3. Strip the right to use the license, certificate of practice in the jurisdiction;

4. the confiscated exhibits, the means used to administrative violations;

5. Apply remedial measures prescribed in points a, b and d of paragraph 3 of article 12 of this directive.

Article 40. Competent handling of administrative violations of the civil courts and civil enforcement agency 1. The judge presiding the trial have the right to: A) caution;

B) fines up to 1.000.000 VND.

2. Executive Member civil enforcement are on duty have the right: A) caution;

B) a fine of up to 200,000.

3. The captain of the enforcement of civil judgments are right: A) caution;

B) a fine of up to 500,000 VND.

4. The Chief of civil enforcement, provincial head of execution of military region level has the right: A) caution;

B) fines up to 1.000.000 VND.

Article 41. Authorization handling administrative violations in cases where the competent person handling administrative violations specified in articles 28, 29 and 30, paragraphs 2, 3, 4, 5, 6 and 7 article 31, paragraphs 2, 3 and 4 Article 32, paragraphs 3, 4, 5, 6 and 7 Article 33, article 34 , the item 2, 3, 4 and 5 to article 35, paragraphs 2, 3 and 4 Article 36, paragraphs 2, 3 and 4 Article 37, paragraphs 2 and 3 Article 38, article 39, paragraphs 3 and 4 Article 40 of this Ordinance is absent then the deputies authorized competent handling of administrative violations and must bear responsibility for their decision.

Article 42. Principles determining the right handling of administrative violations 1. Chairman of people's Committee of the authority sanctioning administrative violations in the field of local governance.

Authority sanctioning administrative violations stipulates in articles from article 31 to article 40 of this Ordinance the authority sanctioning administrative violations in the field, his industry management.

In the case of administrative violation under the jurisdiction of many sanctions, the sanctions by accepting the first made.

2. The authority of those sanctions is regulated in articles from Article to article 28 40 of this Ordinance is the authority to apply for an administrative violation. In the case of a fine, sanction authority is determined based on the maximum level of penalty framework prescribed for each specific violations.

3. In the case of a sanction people who perform many of the administrative violation, the sanction authority is determined according to the following rules: A) If form, the sanction is prescribed for individual acts are under the jurisdiction of the sanction, the sanction Authority still belongs to that person;

B) If form, the sanction is prescribed for one of the acts beyond jurisdiction of the sanction, then that person must transfer the violations to the competent sanctions;

C) If the acts under the authority sanction of many people in different fields, then the right to sanction in the President of the people's Committee of the authority sanctioning the site violated.

Chapter V MEASURES TO PREVENT ADMINISTRATIVE VIOLATIONS and ENSURE the HANDLING of ADMINISTRATIVE VIOLATIONS to article 43. Measures to prevent administrative violations and ensure the handling of administrative violations 1. In case of need to prevent timely administrative violations or to ensure the handling of administrative violations, the authorities may apply the following measures according to the administrative procedure: A) detain the person;

B) custody exhibits, means of administrative violations;

C) Examination;

D) Examined vehicles, objects;

DD) hiding place Visit exhibits, means of administrative violations;

E) administrative guarantees;

G) managing foreigners violating the law in the procedure time Vietnam deported;

H) object to Executive decided to enter the school, institutions, the basis of healing in the case escaped.

2. When applying the measures provided for in paragraph 1 of this article, the competent person must comply strictly with the provisions of articles 44 to 52 of the Thing from the Ordinance; If the violation shall be dealt with according to the provisions of article 121 of this Ordinance.

Article 44. The custody under administrative procedures 1. The detention of people according to the administrative procedure only applies in case of need to block, suspend immediately the disturbing public order, causing injury to other people or the need to gather, verify important details as a basis to decide the handling of administrative violations.

2. All cases of detention of people must have decided in writing and must be delivered to the custody of a.

3. The time limit for detention of people according to the administrative procedure was not too 12 hours from the time of start holding violators; in case of need, the time limit of detention may be extended, but not so for 24 hours.


For people who violate the border regulation or administrative violations in the distant mountains, secluded forests, Islands, the time limit of detention may be extended but not so 48 hours from the time of start holding violators.

4. At the request of the person in custody, the detention decision must notify the family, workplace or organization learning of them. In the case of detention juveniles administrative violations at night or keep on 6 hours, then the decision of custody must notify parents or guardians of they know.

5. Prohibit keeping offenders in administrative detention, criminal detention rooms or places does not guarantee hygiene, safety for people detained.

6. The Government issued provisional regulations to keep people under administrative procedures.

Article 45. The custody jurisdiction under the administrative procedures 1. The following people have the right to decide the custody under administrative procedures: A) the President of the people's Committee of the communes, Chief of police;

B) police districts;

C) Chief of police administration of social order, the Chief of traffic police, the Chief of the economic police, the Chief of criminal police, the Chief of the police drug crime prevention Manager, exit and entry of provincial public security;

D) heads mobile police unit from the company over the independent nature of operation, the station chief immigration Station;

Chief Ranger Beads Beads), the captain of the Rangers to maneuver;

E) Bureau Chief, Captain of the customs control Department of the Bureau of customs, the captain of the anti-smuggling and control Sea control squadron on the captain of the anti-smuggling Bureau of investigation Of the Bureau of customs;

G) Captain of market management;

H) Commander U.s. border zone, the Commander of the Squadron, border border Division Commander, head of the frontier and the heads of border guard units stationed on the border, Islands;

I) Chief Squadron, Squadron Chief of the coast guard;

K) the Commander of the ship, the ship when the ship, the ship had left the airport, the harbor.

2. In the case of those defined in paragraph 1 of this article is absent, then the authorized deputies have the right to decide the custody under administrative procedures and must take responsibility for their decisions.

Article 46. Custody exhibits, means of administrative violations 1. The custody exhibits, means of administrative violations only applies in case of need to verify details as a base the decision to treat or prevent the right of administrative violations.

Those are the provisions of article 45 of this Ordinance, the Chief Justice Inspector of the Department-level professional and Chief Inspector of the majors, ministerial-level agencies, government agencies have the right to decide the custody exhibits, means of administrative violations.

2. In case there is grounds for that if not outright custody then exhibits, means of administrative violations may be gone, destroyed, the heads of soldiers directly to police people, border guard, Rangers, customs officers, inspectors or inspectors market specialization is entitled to a decision to temporarily keep the exhibits means of administrative violations. Within 24 hours, since the decision, decision makers must report their heads is the one who has the authority to temporarily hold exhibits, means of administrative violations set forth in paragraph 1 of this article and the written consent of that person; in the absence of their consent, the person who has the custody decision to cancel the right of custody decisions and pay back the money, animals, goods, vehicles were detained.

3. Decision to temporarily keep the exhibits, means of administrative violations must be established thereon regarding custody. In the minutes must specify name, number, category of exhibits, hold media and must be signed by the person in custody decisions. The custody decision is responsible for preservation of exhibits, that means; If this person's fault that exhibits, the media lost, sold, swapping or damaged, they must bear the responsibility of compensation.

In the case of exhibits, means of offense that need to be sealed must be conducted immediately before the violation; If people violate the absence must then proceed to seal in front of the family representatives, representative of the Organization, Government representatives and witnesses.

4. With regard to Vietnam, foreign currency money, gold and silver, precious stones, precious metal, the Narcotics and the special management mode in the other, the maintenance is performed according to the provisions of the law.

As for the exhibits violated the Administration's goods, vulnerable items, the decision of custody must be processed as specified in paragraph 3 Article 61 of this Ordinance.

5. within ten days from the date of the custody, the custody decisions to handle the exhibits, hold by means of the measures stated in the decision of handling or returns for individuals, the organization if not apply shape confiscated for exhibits, hold media. The duration of custody evidence, means of administrative violations can be extended to the complex case, should proceed to verify but for no more than sixty days from the date of the custody exhibits, media. The extended time limit of the custody right media, exhibits by persons specified in clause 1 of this decision.

6. The custody exhibits, means of administrative violations must be decided in writing accompanied by the minutes of the custody and must be handed to violators, represents a violation of organization.

Article 47. Visit the following administrative procedures 1. The visit followed administrative procedures to be conducted only when there is evidence that the person hiding in the objects, documents, means of administrative violations.

2. Who are the provisions of article 45 of the Ordinance has the right to decide to visit people under administrative procedures.

In case there is grounds for that if not conducted consultation immediately objects, documents, means of administrative violations may be gone, destroyed, in addition to those set forth in article 45 of this Ordinance, the people's police campaign, police coast guard services team soldiers, border guard, Ranger, market inspectors are on duty who was under administrative procedures and report immediately in writing to their heads is one of those specified in Article 45 of this Ordinance and shall be responsible before the law about the visit.

3. The examination must be decided in writing, except in case of need to visit as soon as specified in clause 2 2 of this paragraph.

4. Before conducting the examination, the examination must inform the decision to the person being examined to know. When people visit, South male and female female clinic exam and must have the same gender witness.

5. in all cases the examination must set the minutes. The decision to visit and report must be delivered to the person being examined a.

Article 48. Visit the means of transport, items 1. procedure The examination means of transport, the items under the administrative procedure be conducted only when there is evidence that in the means of transport, objects that have hiding exhibits administrative violations.


2. Who are the provisions of article 45 of this Decree, soldiers of the people's police, the professional team's Police Coast Guard, border guard soldiers, foresters, tax staff members control the market, specialized inspectors are on duty have the right to visit transportation objects within the scope of his authority.

3. When conducting the examination of means of transport, the items must have the home side vehicles, objects or people who control the means of transport and a witness; in the case of the media owner, objects or people who control the media are absent they must have two witnesses.

4. All cases examined means of transport, the items must be founded thereon and are delivered to the owners of means of transport, objects or the driver of a means of transport.

Article 49. Visit places of hiding evidence and means of administrative violations 1. Visit places of hiding evidence and means of administrative violations are conducted only when there is evidence that in the place where it has hidden evidence and means of administrative violations.

2. Who are the provisions of article 45 of the Ordinance has the right to decide to visit the place of hiding evidence and means of administrative violations; in the case where hiding exhibits, means of administrative violations is where in the screening decision must be agreed in writing by the Chairman of the people's Committee of the district level before proceeding.

3. When the examination place of hiding evidence and means of administrative violations must be clinics where owners presence or people in their families and bystanders. In the case where the root was examined, the teens in the family absent that the visit could not be deferred to the Government representative and two bystanders.

4. do not visit places of hiding evidence and means of administrative violations at night, except in case of emergency but must specify the reason on the minutes.

5. All cases examined where hiding exhibits, means of administrative violations must be decided in writing and to set the minutes. Decided to visit the place of hiding evidence and means of administrative violations and must be delivered to the server where a screening device.

Article 50. Administrative guarantees 1. The guarantee is the delivery for the family, social organization management, monitoring the behavior violates the law in the subject application of the measures taken in the field brought, the institution, the basis of healing in time the competent authority procedure review the decision adopting the measures if the person has a certain residence.

2. The President of the people's Committee of the district level decision assigning administrative guarantees for the family, social institutions where the object resides. In case the object is a minor then the responsible administrative guarantees are given to the parents or guardians.

Families, social organizations, who was responsible for the guarantee of responsible Government does not object to continue violating the law and ensure the presence of the object in the residence when requested.

The guarantee administration terminated expiry of guarantee stated in the decision to guarantee delivery or when the subject is put away the observance of the measures stipulated in paragraph 1 of this article.

3. specific rules on Government guarantees.

Article 51. Management with regard to foreigners violating the law of Vietnam during the procedure to expel The alien administration violates the law in the procedure time Vietnam expelled due to government regulations.

Article 52. Object already has decided to enter the school, institutions, the basis of healing in the case escaped 1. In case the person has decided to enter the school, institutions, the basis of healing escaped before being put on the market or facility, then the police district where the person resides decision object.

In case people are liberal school Executive, of the institution, the basis of healing away liberal school or the Director of the institution, the healing basis of decision-making in the search object. The police are responsible for coordination with the Liberal school, institutions, the basis of healing in the tracing object to bring that person back to school or facility.

2. for people who have decided to enter the school brought the executive decision or being at the school brought the provisions in clause 1 of this article, if when caught which that person has to be 18 years old, the head of the police district level suggested the President cancel the district people's Committee decided to enter the school and making the proposal put to the institution.

Chapter VI PROCEDURE for SANCTIONING of ADMINISTRATIVE VIOLATIONS and ENFORCEMENT of PUNISHMENT DECISIONS Article 53. Suspension of administrative violations When detected administrative violations, who has the authority to order the immediate suspension of administrative violations.

Article 54. Simple procedure in the case of sanctions or fines from 5,000 to 100,000 Dong Dong, the authority sanctioned the decision to sanction in place.

The decision to sanction must specify day, month, year of decision; they, the name, the address of the offending person or the name, the address of the offending organization; violations; location violation; they, the name, the position of the decision; Article, account laws apply. This decision must be assigned to the individual, the organization sanctioned a. Fine, in case the decision must specify the level of the fines. Individuals, organizations can file infringement fines on the spot for sanctioning authority; in the case of spot fine then received receipts.

Article 55. Set the minutes about administrative violations 1. When administrative violations in the field of management, who have the authority to sanction are on duty must be promptly established thereon, unless sanctioned by a simple procedure.

Administrative violations occur on board, the ship, the Commander of the ship, the ship is responsible for setting the minutes to transfer authority for the sanction when the ship, the ship arrived at the airport, the harbor.

2. in the report on administrative violations must specify day, month, year, location set thereon; They name, position the set thereon; they, the name, address, occupation or violator name, address offending organization; hour, day, month, year, location occurred in violation of; violations; measures to prevent violations and ensure the administrative sanctions (if any); status of exhibits, hold media (if any); the testimony of the person who violated or breached organizations representatives; If there are witnesses, victims or damaged organization representative must then specify them, your name, address, their testimony.

3. The minutes shall be established at least two copies; must be the person who set up the minutes and the breach or infringement organization representative; If there are witnesses, victims or representatives held suffered damage, they must sign the minutes; in the case of a multiple sheets, then those specified in this paragraph must sign on each record sheet. If the violation, infringement organization representatives, witnesses, victims or damaged organization representative refused to sign the founding documents must specify the reason on the minutes.

4. finishing thereon must be given personally, organizing a violation; If violations beyond the jurisdiction of the sanctions established thereon, that person must submit a report to the authority sanction.

Article 56. The decision to sanction   


1. The time limit for a decision sanctioning is ten days from the date of establishment of the administrative infringement thereon; for administrative violations are more complex then the sanction decision period is thirty days. In the case of reviews should have more time to verify, collect evidence, then the competent person must report the heads directly by writing to renewals; the renewal must, in writing, the term extension not exceeding thirty days. Too time, authorized sanctions is not sanctions decision, except where sanctioned deportation; in no case shall sanction decision can still apply remedial measures specified in paragraph 3 of article 12 of this Decree and confiscated exhibits administrative violations of type.

Authorized sanctions if there is an error in the time limit for so without sanction decisions shall be processed under the provisions of article 121 of this Ordinance.

2. When the decision to sanction a person perform many administrative violations, the authority indicated a decision on sanctions in the form of the decision, that the level of fines for each violation; If the sanctions are fine, then add the General penalties.

3. in deciding sanctions must specify 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; sanctions, additional sanctions (if any), the remedial measures (if any); the time limit where decisive enforcement sanction and signature of the sanction decision.

In deciding sanctions must also specify individual organization sanctioned, if not the Executive voluntarily comply; appeal rights, claims for administrative sanctions decision under the provisions of the law.

4. decision on sanctions in effect since the date of signing, unless otherwise specified in the decision on the other effect.

5. decision on sanctions is sent to individuals, organizations and agencies sanctioned collecting fines within three days from the day the decision to sanction.

Article 57. 1. the fine procedure fine on 100,000 contracts in accordance with the provisions of article 55 and article 56 of the Ordinance.

2. When a fine, level specific fines for administrative violations is the average of the frame of penalties are prescribed for the Act; If there are extenuating circumstances, the level of the fine may be reduced but not excessive reduction of minimum fine frame; If there are aggravating the penalty levels may increase but not exceed the maximum level of fine frame.

3. where to apply fine form for individuals, organizations, then the competent person has the right to sanction the custody of circulating means license or driving licence or other necessary documents are relevant until the individual, the organization that finished Executive decided to sanction. If the individual, the Organization violates none of the aforementioned documents, the authority sanction can tentatively hold exhibits, means of offense.

4. The individual, the Organization fined must pay fines and receive receipts.

5. The fines collected to be paid into the State budget through the open account in the State Treasury.

6. Government regulation on the management of receipts and forfeit money fines.

Article 58. Where the filing penalties 1. Within ten days from the date of delivery of the decision to sanction, the individual, the organization sanctioned to pay fines in State Treasury noted in decision sanctioning, 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. Who has the authority to sanction is responsible for collecting the fines on the spot, and filed in the State Treasury as stipulated in paragraph 3 of this article.

3. In the remote outback, or what the trouble is, the people who collect fines on the spot is responsible for filing the fines collected in the State Treasury within a period not exceeding seven days from the date of collecting fine; for other cases, the time limit of not more than two days is over. In the case of collecting fines on the River, sea, who collects the fines to be paid in the State Treasury within two days from the day on to the shore.

Article 59. The procedure deprived the right to use the license, certificate of practice 1. When deprived of the right to use the license, certificate of practice, competent person sanctioned seizure of license, certificate of practice enshrined in the decision to sanction and notify the Agency has granted the license, certificate of practice it know.

2. Upon expiry of Duke the right to use the license, certificate of practice noted in the decision, the competent sanctions penalizing handed back the licence, certificate of practice for organizations, individuals were deprived of a license, certificate of practice.

3. When the license, certificate of practice issued do not properly authorized or have content that is unlawful, the person who has the authority to sanction conduct revoked immediately, at the same time inform the competent State agencies know.

Article 60. The procedure of confiscated exhibits, means of administrative violations When confiscated exhibits, means of administrative violations are recorded in the decision to sanction, the person has the authority to sanction established thereon. In the minutes must specify name, number, type, registration number (if available), condition, quality of material, money, goods and vehicles seized and must be signed by the person conducting the seizure, the person sentenced or sanctioned organization representatives and witnesses.

In case of need to seal exhibits, the media breached it must proceed immediately in front of the person sanctioned or sanctioned organization representatives and witnesses; If the person sentenced or sanctioned organization representative is absent then there must be two witnesses.

Article 61. Handling of exhibits, means of administrative violations 1. With respect to exhibits, means of administrative violation confiscated, the people decided to confiscate is responsible for preservation of exhibits, media.

If exhibits, means of an administrative violation worth from 10 million brass over the confiscation decision is delivered to the Service Centre provincial auction where there are exhibits, vehicle seized. If exhibits, means of an administrative violation under 10 million worth of copper, the people decided to confiscate the financial authority to district level organized auction. The auctioned exhibits, means of administrative violations are made according to the provisions of the law on the auction.

The money collected from auctioning exhibits, means of administrative violations, after deducting the costs according to the provisions of the law, must be submitted to the State budget through the open account in the State Treasury.


2. for exhibits, means of administrative violations are toxic products, culture, counterfeiting has no use value, articles harmful to human health, livestock, crops were destroyed, then the competent person must establish the Council treats to destruction. Depending on the nature of the exhibits, the media, the processor board components composed of representatives of the relevant State agencies. The destroyed evidence, means of administrative violations must be set the minutes signed by the members of the Board process.

For goods, articles, vehicles were taken out of Vietnam territory or is forced back, the individual, the organisation must take offense out of Vietnam territory within the time limit stated in the decision to sanction.

3. for exhibits administrative violations as commodities vulnerable items, then the competent person must conduct seizure formed thereon and sales organization. The money collected must be deposited in your account temporarily posted to open in the State Treasury. If after that by decision of the competent person, exhibits that seized the proceeds to be paid into the State budget; in the case of exhibits that are not seized, the proceeds payable to the owner, Manager or legal users.

4. for exhibits, means of administrative violations, except for exhibits, the means provided for in paragraphs 2 and 3 of this article, which do not know the owner, Manager, or users who are not to receive then the competent person must be seizure notice on the mass media and publicly listed at the headquarters of the authority competent the right to confiscate; within a period of thirty days from the day the notice is listed, if not to identify the owner, the Manager, or users who are not to receive then the competent person must decide to confiscate exhibits, means to handle infringement as defined in paragraph 1 of this article.

5. for exhibits, vehicles hijacked, unauthorized use to administrative violations, then returned to the owner, Manager or legal users.

6. storage costs, charges, expenses of preservation exhibits, means of administrative violations and other expenses consistent with the provisions of the legislation are deducted from the money selling exhibits, means of administrative violations.

No charge storage fees, maintenance fees, in time exhibits, means of custody if the exhibits, no media errors in the administrative violation or does not apply to seizure measure exhibits, media.

Article 62. Moving violations records signs so crime criminal responsibility 1.  When considering violations to decide the punishment, if found violations of criminal signs, then the competent person must immediately transfer the records to the agency conducting the criminal proceedings.

Prohibiting the withholding of violations of criminal signs to administrative sanctions.

2. With respect to the case was the decision to sanction, if later discovered violations of criminal signs yet that time prejudice the criminal responsibility of the person who has the decision to sanction the decision and within three days from the date of the decision to cancel the sanction , to transfer the records violations to the agency conducting the criminal proceedings.

Article 63. Moving violations records to administrative sanctions In individual cases have been prosecuted, indicted or had decided to put on trial under criminal proceedings, but later decided to suspend the investigation or the suspension of the case, if the behavior of administrative violation signs then, within three days from the date of the decision to suspend the investigation or the suspension of the case, the organ conducting the criminal proceedings must move decided to suspend the investigation or to suspend the case accompanied profile violations and recommend administrative sanction to the authority sanctioning administrative violations.

Article 64. Executive decision sanctioning administrative violations 1. Personally, the organization sanctioned administrative offense must accept the punishment decision issued within ten days from the date of delivery of the decision to sanction, unless the law otherwise.

2. the time limits specified in paragraph 1 of this article that the individual, the organization sanctioned administrative offense not voluntarily obey the sanction decision comply.

Article 65. Executive deferred the decision to impose a fine of 1. The individual fines from 500,000 Dong or over could be postponement decision in case sanctions are especially troubled about the economy and have suggested menu are social people's Committee where that person resides or the organization where the person making the assertion.

2. The deadline postponement decided to impose a fine of not more than three months, since when it has decided to postpone.

3. Who decides the fine money has the power of postponement decision to fine it.

4. Who are the Executive decided to postpone the fines received papers, exhibits, hold media as defined in paragraph 3 Article 57 of this Ordinance.

Article 66. Coercive enforcement of the decision sanctioning administrative violations 1. Personally, the organization sanctioned administrative offense which does not voluntarily accept the punishment decision comply with the following measures: A) deduct part of salary or income, to deduct the money from your account in the Bank;

B) levy property whose value corresponds to the number of fines for auction;

C) coercive measures to carry confiscated exhibits, the means used to administrative violations, forcing restore original state has been changed due to administrative violations caused or forced dismantling unauthorized buildings, enforce the remedies for environmental pollution , spread disease, forced taken out of Vietnam's territory, forcing the re-export of goods, articles, vehicles, forcing the culling animals and products harmful to human health, livestock and crops, toxic food culture.

2. Individuals, organizations receive coercive decisions must strictly obey the decision.

3. Individuals, organizations coerced must bear all costs of the Organization of the implementation of coercive measures.

4. The coercive measures by specified in point b and point c of paragraph 1 of this article must be notified in writing prior to execution for people's Committee Chairman granted the commune where do compulsive to coordinate implementation.

5. The competent authorities of the people's Committee has the responsibility to enforce coercive decisions of people's Committee Chairman at the same level as assigned by the President of the people's Committee.

6. the people's police force is responsible for ensuring the orderly, safe in the process of enforcement of coercive decisions people Committee Chairman of the same level or coercive decisions of other organs of the State when the body that requires.

7. procedure for applying coercive measures prescribed by the Government.

Article 67. The decision-making authority of coercive authority following coercive decisions and has the task of organizing the coercive enforcement of the decision of its sanctions and of lower level: 1. the people's Committee Chairman granted the commune, district level, province level;

2. Minister of public security, the Director of provincial public security, the Director of police administration of social order, traffic police Chief, Chief of police, fire, fire chief of the economic police, the Criminal Police Bureau Chief, Director of the Police Crime Prevention Bureau narcotics , Director of the Bureau of exit and entry Administration;


3. Head of frontier, the Commander of the border guard; The Marine Police Bureau Chief;

4. the Director of the Bureau of customs, Bureau Chief of the anti-smuggling Bureau of investigation of the Department of customs;

5. The genus FPD Chief, Chief Ranger;

6. the Director of the tax Bureau;

7. Bureau Chief market management Bureau, Director of market management;

8. The Chief Inspector of the Department-level disciplines, Chief Inspector of the specialized ministries, ministerial agencies, government agencies;

9. the presiding judge of the trial, the Chief of civil enforcement, provincial head of execution of military region level.

Article 68. Transfer decision sanctioning administrative violations to enforce In individual cases, implementation of administrative violations in a locally but reside, headquartered in other local and no executive conditions where sanction decisions sanctioned, sanction decisions are moving to where the individual resides , Organization Headquarters to obey government regulations.

Article 69. Time limits enforced decision sanctioning administrative violations During execution of decision sanctioning administrative violations is one year from the date of the decision to sanction; This period too that the decision not be enforced does not enforce decisions of anymore but still sanction to apply remedial measures are stated in the decision.

In the case of individuals, the organization sanctioned deliberately evade, delay, the time is counted back from the time of termination, delay escape behavior.

Chapter VII PROCEDURE for APPLYING MEASURES of ADMINISTRATIVE PROCESSING Category 1 EDUCATIONAL PROCEDURES in communes, wards and TOWNS Article 70. Decide on the education in the communes, wards, town of 1. The people's Committee Chairman himself or township level as proposed by one of the following organizations, bodies decide whether education in communes, wards and towns: A) police social;

B) Chairman of the National Committee of the social level;

C) represent the Agency, organization, residential units in the facility.

The people's Committee Chairman granted the commune could also decide the education in the communes, wards and towns on the basis of the profile, report on violations of the law of the object due to the police at district level, the provincial level provided. 

2. Before deciding on the education in the communes, wards and towns, Chairman of the people's Committee of the social organization of the meeting included the Minister of public safety, representative of the Social Justice Committee, the Fatherland Front Committee, the social organizations of the same level are concerned, represented in base, the family of the person who recommended education to review the application of this measure.

3. within three days from the end date of the meeting specified in paragraph 2 of this article, the Chairman of people's Committee of social consideration, decided the education in the communes, wards and towns.

Depending on each object that the President of the people's Committee of social decisions people are educated to the Agency, organization, management, family education.

4. The decision of the education in the communes, wards, towns, in effect since the date of signing and shall be sent immediately to the educated family, the person, the people's Council and township level agencies, related organizations.

Article 71. The content of educational decisions in the communes, wards and towns decided to educate in communes, wards and towns must specify 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 to be educated; violations of the law of that person; Article, law's clause applies, the time limit applied, on the implementation of the decision; the responsibilities of the Agency, organization, family education, management was handed the educated; the right to complain, to sue for educational decisions in the communes, wards and towns in accordance with the law.

Article 72. Enforce the education decision in the communes, wards and towns within seven days from the date of the decision in force, agency, organization, management, education was entrusted to organize the meeting to enforce that decision for people to be educated. Customize each object was the education that the meeting had the participation of the representative Committee of the Fatherland Front, the police, the women, youth, farmers at the grassroots, the school and the family who was educated.

After the meeting, agency, organization, management of education assigned responsibility to assist, motivate people to education in life, help them find jobs or propose to the people's Committee of social facilitation, seeking jobs for educated people.

 Once a month, agency, organization, the family was given the task of managing, education has a responsibility to report the President of the people's Committee for implementing the township-level decisions; If the person is markedly improved education as proposed by the Agency, the Organization was given the responsibility to manage and the written opinions of the agencies, related organizations, President of the people's Committee decision the Executive exemption township level part time rest of educational decisions in the Ward, the town.

Article 73. Time to enforce the decision of the education in the communes, wards and towns decided to educate in communes, wards and towns foremost time limits enforced after six months from the date of the decision. In the case of people educated in the communes, wards and towns of deliberately evading the enforcement, the time is counted since the time of the escape behavior ceases.

Article 74. Expired measures executive education in the communes, wards, town when people educated in the communes, wards and towns have done executive decision, the Chairman of people's Committee of the social certification for that person.

Section 2 PROCEDURES for PUTTING in the FIELD BROUGHT Article 75. Prepare the proposal put to the school brought 1. For juveniles are violations of the law are stipulated in article 24 of this Ordinance needs to take on the school brought the President of the people's Committee of social place that residents prepare to send the President of the people's committees at district level.

The records include a résumé, documents on the laws of that person, educational measures have been applied, the Agency's review, the opinion of the school, the Fatherland Front Committee, youth, women, population, family and children in the facility , of the parents or guardians.

2. for minors without certain residence, the President of the people's Committee of social place that there are violations of the law established thereon, the report of the Chairman of the people's committees at district level.

In the case of the object by the provincial public security authority, district level directly detect, investigate, accepting in the service violates the law, but not to the level of prejudice that criminal liability subject to put into the school brought the police agencies are accepting to verify, collect material establishment, sent the President of the people's Committee at district level.

The records include a résumé, documents on the laws of that person, the money, the money the excerpts, educational measures applied (if any).

3. the public security organs shall assist the President of the people's committees at the same level in the collection of documents and records.

4. within three days from the date of the records or documents specified in clause 1 and clause 2 of this article, the Chairman of people's Committee of the district level assigned to police the same level. Within a period of fifteen days from the date of the record, the police districts are responsible to verify, collect material, complete records and send to Advisory Board members.

Article 76. The Advisory Council on the inclusion into the Liberal school


1. the Advisory Council about putting on the field brought by the President of the district-level people's committees decided to include the police, the Chief Justice, the Chairman of the Committee on population, family and children at district level; The police Chief's Advisory Council.

2. within seven days from the date of the record, the Advisory Council is responsible for reviewing the record and held the meeting to review the records.

Advisory Board working under collective modes, concluded by majority. The different opinions are recorded in the minutes of the meeting accompanied by the report of the Chairman of the people's committees at district level.

Article 77. The decision taken on the school brought 1. Chairman of people's Committee of the district level review, decision making on the field brought within five days from receipt of the report of the Advisory Council.

2. The decision to take effect from the date of signing and shall be sent immediately to the person who was brought into the school, the parent or guardian of that person, the police at district level, district level people's councils and people's committees social place that reside.

Article 78. The content decided to enter the school brought the decision taken on the field brought to specify 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 being put on the market brought; violations of the law of the person and the thing, account laws apply; time and place of execution of the decision; the right to complain, to sue for the decision taken on the field brought under the provisions of the law.

Article 79. The implementation of the decision taken on the school brought 1. Within five days from the date of the decision, the police districts are responsible for coordination with the family or guardian giving the Executive the decision must be brought.

2. the Executive term decided to enter the school brought calculated from the day the person must accept the decision was taken to go school.

Article 80. Defer or exempt Executive decided to enter the school brought 1. People are putting on the field brought be postponement decision in the following cases: A) ill have the certification of the hospital from the district level;

B) families are particularly difficult form, was President of the people's Committee of social level where the person is resident.

When the postponement decision conditions no longer then decided to continue execution; If in time be postponed, that person has a distinct progress in the observance of the law or set up, you can be free of executive decisions.

2. Who was brought into the school brought the Executive exemption decision in the following cases: A liver disease) has certified the hospital from the district level;

B) pregnant have certification of the hospital from the district level upwards or women are raising children under 36 months of age has a single proposal and was the people's Committee of social level where the person is resident.

3. President of the district-level people's committees to consider, decide to defer or exempt executor on the basis of the suggestion menu is the Executive decided to enter the school. In case of need, the President of the people's Committee of the district level assigned to the same level of police interrogation before deciding.

Article 81. Remission, suspension or exemption from part time Executive left at the school brought 1. People are putting on the field brought the Executive were half the time limit, if the apparent progress or set up, then consider falling a part or Executive exempt part time left.

2. In the case of executive decisions are at the school brought ill that was put on the family treatment shall be temporarily suspended executive decisions; treatment time is calculated in the time of execution of the decision; If health is restored, after which the Executive term rest from six months upwards, that person must continue to practice at the facility. For cases of liver disease or pregnancy shall be free of executive part time left.

3. the Director of the Bureau of prison management, the institution, the school brought the decision reducing the duration, suspension or the Executive exemption prescribed in clause 1 and clause 2 of this on the basis of the proposals of the Liberal school. This decision is addressed to the President of the people's committees at district level where decisions were taken at the Liberal school.

Article 82. Time limits enforced the decision taken on the field brought decided to enter the field brought out time limits enforced after one year from the date of the decision. In case people were measures taken on the field brought deliberately evading the enforcement, the time is counted since the time of the escape behavior ceases.

Article 83. The executive measures expired put on the field brought When people are put on the market brought has done Executive decided the school principal brought the certification for that person and send a copy of the certificate to the Director of prisons administration, educational establishments, school nursing, Chairman of people's Committee of the district level where a decision People's Social Committee, where that person resides and to which family.

Section 3 PROCEDURE for PUTTING on the INSTITUTION Article 84. Prepare the proposal put to the institution 1. For violations of the legislation specified in article 25 of this Ordinance should take on the institution, the President of the people's Committee of social place that residents consider the establishment, sent the President of the people's Committee at district level.

The records include a résumé, documents on the laws of that person, educational measures have been applied, the Agency's review, the opinion of the Committee of the Fatherland Front and social organizations of the same level are concerned.

2. for people without certain residence, the President of the people's Committee of social place that there are violations of the law established thereon, the report of the Chairman of the people's committees at district level.

In the case of the object due to the police at district level, the provincial level to directly detect, investigate, accepting in the service violate the law but not to the level of prejudice that criminal liability subject to put in an institution, the police agencies are accepting to verify, collect material establishment of sending people's Committee Chairman at the same level.

The records include a résumé, documents on the laws of that person, the money, the money the excerpts, educational measures applied (if any).

3. the public security organs shall assist the President of the people's committees at the same level in collecting documents to file.

4. within twenty days from the date of the records prescribed in clause 1 and clause 2 of this article, the Chairman of people's Committee of the district level assessment profile, send to the Chairman of the provincial people's Committee. Within three days from the date of the application, the Chairman of the provincial people's Committee sent the records to the Advisory Board members. In the case of provincial public security authorities have set up the profile specified in item 2 of this report, then Chairman of the provincial people's Committee and send to Advisory Board members.

Article 85. The Advisory Council on the inclusion in educational institutions 1. The Advisory Council on the inclusion into the institution by the Chairman of the provincial people's Committee decided to include the Director of public security, the Director of the Department of Justice, the Director of the Department of labor, invalids and Social Affairs, Chairman of the National Committee; The Director of public security's Advisory Council.


2. Within a period of fifteen days from the date of the record, the Advisory Council is responsible for reviewing the record and held the meeting to review the records.

Advisory Board working under collective modes, concluded by majority. The various opinions must be recorded in the minutes of the meeting accompanied by the report of the Chairman of the provincial people's Committee.

Article 86. The decision taken on the basis of education 1. Chairman of the provincial people's Committee of review, the decision taken on the basis of education within seven days from the receipt of the report of the Advisory Council.

2. The decision taken on the basis of education have enforceable from the date signed and should be sent immediately to people being put in an institution, the police provincial, provincial people's Council and people's Committee of social place that reside.

Article 87. Content of the decision taken on the basis of Education decided to enter the institution must specify day, month, year of decision; they, the name, the position of the decision; they, the name, date of birth, occupation, place of residence of the person being brought into the institution; violations of the law of that person; Article, account laws apply; time and place of execution of the decision; the right to complain, to sue for the decision taken on the basis of education in accordance with the law. 

Article 88. The implementation of the decision taken on the basis of education 1. Within five days from the date of the decision, the provincial public security organs are responsible for bringing the people to accept the decision on the institution.

2. the Executive term decided to enter the institution to be calculated from the date the person is applying this measure was taken vocational education.

Article 89. Defer or exempt executive decisions taken on the basis of education 1. People were brought into the institution be postponement decision in the following cases: A) ill have the certification of the hospital from the district level;

B) pregnant have certification of the hospital from the district level upwards or women are raising children under 36 months of age has a single proposal and was the people's Committee of social level where that person resides;

C) to troubled families in particular have suggested menu and be the people's Committee of social level where the person is resident.

When the condition is no longer the postponement decision was further enforced.

2. People were put into institutions that are free of executive decisions in the following cases: A liver disease) are certified by the hospital from the district level upwards and that person is no longer a danger to society;

B) during the postponement decision which that person has a distinct progress in the observance of the law or set up.

3. The Chairman of the provincial people's Committee consideration, decided to defer or Executive exempt on the basis of the application must accept the decision taken on the basis of education. In case of need, the Chairman of the provincial people's Committee for public security Director delivered the same level verifies the specific cases stipulated in clause 1 and clause 2 of this before making a decision.

Article 90. Remission, temporary suspension or Executive exempt part time remaining at the institution 1. People were brought into the institution has accepted half the time limit, if the apparent progress or establishment shall be reduced or exempted in part review the Executive part time left.

2. in the case of the Executive are decided at the institution seriously ill that was put on the family treatment shall be temporarily suspended executive decisions; treatment time is counted on the Executive term decide; If health is restored, after which the Executive term remaining from three months or more, that person must continue to practice at the facility. For pregnant women shall be temporarily suspended enforcement of the decision until the full 36 months of age; If during the temporary suspension of that person having apparent progress or set up the Executive exemption part time left. For people with illness shall be free of executive part time left.

3. the Director of the Bureau of prison management, the institution, the school brought the decision reducing the duration, suspension or the Executive exemption prescribed in clause 1 and clause 2 of this on the basis of the proposal of the Director of the institution. This decision is addressed to the Chairman of the provincial people's Committee where the decision has been taken on the basis of education.

Article 91. Time limits enforced the decision taken on the basis of Education decided to take on the institution of execution after one year from the date of the decision. In the case of people being brought into the institution deliberately evading the enforcement of the aforementioned time limits are calculated from the moment the behavior again evade the termination.

Article 92. The executive measures taken expire on the institution When people were put into the institution has done executive decision, the Director of the institution for which the certificate and send a copy of the certificate to the Director of prisons administration, educational establishments, school nursing , Chairman of the provincial people's Committee where the decision and granted the people's Committee of the commune where the person resides.

Section 4 of the PROCEDURES INTRODUCED into the BASE HEALING Article 93. Prepare the proposal put to the basis of healing 1. For violations of the law the provisions of article 26 of this Ordinance should apply the measures taken on the basis of healing, the Chairman of people's Committee of social place that residents consider the establishment, sent the President of the people's Committee at district level.

The records include a résumé, patient (if available), documents on the laws of that person and the educational measures were applied, the Agency's review, the opinion of the Committee of the Fatherland Front and social organizations of the same level are concerned.

2. for people without certain residence, the President of the people's Committee of social place that there are violations of the law established thereon, the report of the Chairman of the people's committees at district level.

In the case of the object by the provincial public security authority, district level directly detect, investigate, accepting in the service violates the law that subject put on the basis of the cure, the police agencies are accepting to verify, collect documents, file sending people's Committee Chairman at district level.

The records include a résumé, patient (if available), documents on the laws of that person, educational measures applied (if any).

3. the public security organs shall assist the President of the people's committees at the same level in the collection of documents and records.

4. within three days from the date of the records or documents specified in clause 1 and clause 2 of this article, the Chairman of people's Committee of the district level assigned to the Chief of labor, invalids and Social Affairs. Within a period of fifteen days from the date of the record, the head of labor, invalids and Social Affairs in cooperation with the police of the same assessment level records, collect material, complete records and send to the members of the Advisory Council.

Article 94. The Advisory Council on the inclusion on the basis of healing 1. The Advisory Council on the inclusion on the basis of healing by the President of the people's Committee of the district level decided to include the head of labour, invalids and Social Affairs, the Chief Justice, the Minister of public security, the Dean of women at district level. In the case of the object are suggested putting on the basis of healing are juveniles, the Advisory Council must have the participation of the Chairman of the Committee on population, family and children at district level. Head of labour, invalids and social Advisory Council.


 2. within seven days from the date of the record, the Advisory Council is responsible for reviewing the record and held the meeting to review the records.

Advisory Board working under collective modes, concluded by majority. The various opinions must be recorded in the minutes of the meeting accompanied by the report of the Chairman of the people's committees at district level.

Article 95. The decision taken on the basis of healing 1. Chairman of people's Committee of the district level review, the decision taken on the basis of healing within five days from receipt of the report of the Advisory Council.

2. The decision taken on the basis of healing have enforceable from the date signed and should be sent immediately to the person being taken on the basis of healing, that family labor, invalids, and social, public security organs, people's councils and people's committees at district level social place that reside. In case the subject is a minor, the decision taken on the basis of healing must be sent to the parent or guardian of that person.

Article 96. The content of decision taken on the basis of healing decided to take on the basis of healing must specify day, month, year of decision; they, the name, the position of the decision; they, the name, date of birth, occupation, place of residence of the person to be taken on the basis of healing; violations of the law of the person and the thing, account laws apply; time and place of execution of the decision; the right to complain, to sue for the decision taken on the basis of healing according to the provisions of the law.

Article 97. The implementation of the decision taken on the basis of healing 1. Within five days from the date of the decision, the police districts are responsible for bringing the people to accept the decision on the basis of healing.

2. the Executive term decision taken on the basis of healing is calculated from the day the person must accept the decision be put away the basis of healing.

Article 98. Defer or exempt executive decisions taken on the basis of healing 1. People were put in the basis of healing be postponement decision in the following cases: A) ill have the certification of the hospital from the district level;

B) pregnant have certification of the hospital from the district level upwards or women are raising children under 36 months of age has a single proposal to be the people's Committee of social place that resident.

When the condition is no longer the postponement decision was further enforced.

2. People were taken on the basis of healing are free of executive decisions in the following cases: A liver disease) are certified by the hospital from the district level;

B) during the postponement decision which that person has a distinct progress in the observance of the law or set up.

3. President of the district-level people's committees to consider, decide to defer or exempt executor on the basis of the application must accept the decision taken on the basis of healing. In case of need, the President of the people's Committee of the district level assigned to the Chief of labor, invalids and Social Affairs in collaboration with the police at district level verifies the specific cases stipulated in clause 1 and clause 2 of this before making a decision.

Article 99. Remission, suspension or exemption from part time Executive left at the base of healing 1. People were put in the basis of healing has half the Executive term, if there is distinct progress or set up, then consider falling a part or Executive exempt part time left.

2. In the case of executive decisions are at the basis of healing seriously ill that was put on the family treatment shall be temporarily suspended executive decisions; treatment time is counted on the Executive term decide; If health is restored, after which the Executive term remaining from three months or more, that person must continue to practice at the facility. For pregnant women shall be temporarily suspended enforcement of the decision until the full 36 months of age; If during the temporary suspension of that person having apparent progress or set up the Executive exemption part time left. For people with illness shall be free of executive part time left.

3. The President of the people's committees at district level where decisions were taken on the basis of the decision to reduce healing time, temporary suspension or exemption from the observance of the provisions of paragraph 1 and paragraph 2 of this Article on the basis of the proposal of the Director of the facility.

Article 100. Time limits enforced the decision taken on the basis of healing decided to take on the basis of healing passed execution after one year from the date of the decision. In the case of people being brought into the base healing deliberately evading the enforcement, the time is counted since the time of the escape behavior ceases.

Article 101. The executive measures taken expire on the basis of healing When people were taken on the basis of healing was done, the decision Executive Director healing facility certification for that person and send a copy of the certificate to the Chairman of the people's committees at district level where a decision People's Social Committee, where that person resides and to which family.   

Section 5 PROCEDURE for APPLYING Article 102 ADMINISTRATIVE PROBATION. Establishment of administrative probation proposal 1. For violations of the legislation specified in article 27 of this Ordinance needs administrative probation, then the President of the people's Committee of the district where the person resides to review, prepare to send the President the people's Provincial Committee.

2. The records include a résumé, documents on the laws of that person, of the police at district level, the opinion of the National Committee of the same level and the opinion of the Committee that the township-level people's residences.

3. Public security organs and the people's committees at district level social place that residents shall assist the President of the people's Committee of the district level in collecting documents to file.

4. within three days from the date of the records specified in paragraph 1 of this article, the Chairman of the provincial people's Committee records for provincial public security Director. Within twenty days from the date of the application, the Director of provincial public security has the responsibility to verify the records and submit the records to the Advisory Board members.

Article 103. Advisory Council on administrative probation work 1. The Council of advice on administrative probation due to people's Committee Chairman granted the establishment consisted of the Director of public security, the Director of the Department of Justice, the Chairman of the National Committee; The Director of public security's Advisory Council.

2. Within a period of fifteen days from the date of the record, the Advisory Council is responsible for reviewing the record and held the meeting to review the records.

Advisory Board working under collective modes, concluded by majority. The various opinions must be recorded in the minutes of the meeting accompanied by the report of the Chairman of the provincial people's Committee.

Article 104. Administrative probation decision 1. Chairman of the provincial people's Committee to review the decision, administrative probation within seven days from the receipt of the report of the Advisory Council.

2. administrative probation decision has effect from the date of signing and shall be sent immediately to the administrative probation, district-level people's committees where established profile, provincial people's Council and people's Committee of social place that reside and where enforcement of the probation decision.

Article 105. The content of decision of administrative probation


Administrative probation decision must indicate the day, month, year of decision; they, the name, the position of the decision; they, the name, date of birth, occupation, place of residence of the person with administrative probation; violations of the law of that person; Article, account laws apply; time and place of execution of the decision; the right to complain, to sue for the decision of administrative probation under the provisions of the law. 

Article 106. Enforcement of administrative probation decision 1. Within five days from the date of the decision, the provincial public security authorities are responsible for organizing the implementation of the decision on administrative probation.

2. the Executive term administrative probation decision is calculated from the date the person was applying administrative probation start executive decisions. In the executive decision time, the probation subjected to management, education of Government and local people where executive decisions of administrative probation.

3. the people's Committee Chairman granted the commune where the probation decision Executive responsible for managing, educating people with probation; periodically three months reported the President of the people's committees at district level to the President of the people's committees at district level to report people's Committee Chairman.

Article 107. Reduce administrative probation period 1. Administrative probation who has half of the Executive term of probation, if the apparent progress in the observance of the law or set up, you may be considering reducing the duration of probation.

2. The Chairman of the provincial people's Committee, which makes decisions on administrative probation review, decided to reduce the probation period for people who were on probation on the basis of the proposal of the President of the people's Committee of the district level where the person is executor decided on probation.

Article 108. The time of execution of administrative probation decision decided on administrative probation of execution after one year from the date of the decision. In the case of administrative probation who deliberately evade the enforcement, the time is counted since the time of the escape behavior ceases.

Article 109. Administrative probation expires when the person with administrative probation has done executive decision, the Chairman of people's Committee of social probation decision enforcement certification for that person and send a copy of the certificate to the Chairman of the provincial people's Committee where the decision was , District-level people's committees where established profile.

Item 6 OTHER PROVISIONS RELATING to the APPLICATION of MEASURES for the ADMINISTRATIVE PROCESSING of Article 110. Temporarily take executive measures are put on the market brought, brought into the institution, brought in healing facility out of place executive measures for administrative processing as required by the authority conducting the criminal proceedings 1. At the request of bodies conducting criminal proceedings authority, school principal brought, the Director of the institution, the Director of the healing base decided to temporarily put the Executive who handles administrative measure out where the executive measures to participate in the proceedings in the case is related to that person.

2. temporary time taken out where executive administrative processing measures are calculated into the Executive term measures.

Article 111. Moving profile of the object being applied measures to handle other administrative offences signs so criminal responsibility 1. When considering the subject's profile to decide to apply other administrative processing measures, if it deems the violation of that person's signs of crime, then the competent person must immediately transfer the records to the agency conducting the criminal proceedings.

 2. With respect to the case was the decision to apply other administrative processing measures, if later discovered violations of people were applying this measure crime signs yet that time prejudice criminal liability, then the person has to decide to apply other administrative processing measures to quash that decision and within three days from the date of cancelling the decision to transfer the object's records to the agency conducting the criminal proceedings.

 In case the courts jail sanctions, then the Executive term measures taken on the field brought, brought into the institution, brought in healing facility was included in the Executive term of punishment in prison. The two-day observance of the measures taken in the field brought, brought into the institution, brought in healing facility in a one-day jail penalty.

Article 112. Prejudice criminal liability for offences to be made before or during the enforcement of other administrative processing measures in case of discovered people were adopting measures to handle other administrative offences before or in the executive decision time then, at the request of bodies conducting criminal proceedings, the authorities took a decision of education in communes, wards and towns, administrative probation or school principal brought, the Director of the institution, the Director of the healing must base a decision to temporarily suspend the implementation of the decision with regard to that person and move the object's records to the agency conducting the proceedings figure the; case the court sanction of jail Executive exemption, that person part time remaining in the decision to apply other administrative processing measures; If the penalty applicable is not a penalty, that person may have to continue to accept the decision applies to other administrative processing measures.

Article 113. Handle the case of a person subject to put into the institution, has to take on the basis of cure or just to put on the market brought, just to put in the basis of healing in the case of a person who performs the acts violate the law just to take on the institution , just to put in the basis of cure or just to put on the market brought, just to put in the basis of healing, the Agency has the authority to apply the measures taken on the basis of healing. The Agency already handles the records is responsible for transferring the whole profile of that person for the Advisory Council on the inclusion on the basis of healing to proceed to the next procedure prescribed by the law.

Chapter VIII INSPECTION, MONITORING the ENFORCEMENT of the LAW in HANDLING ADMINISTRATIVE VIOLATIONS to article 114. Supervision of the ethnic Council, committees of the Congress of the Council of nation, the committees of Congress within the scope of the task, their powers are responsible for: 1. Supervise the handling of administrative violations and ask the agencies, organizations, individuals relevant to the report on the situation of handling administrative violations;

2. Upon receiving a complaint, the report on the handling of administrative violations, if found to have violated the law, the authorized person requests review, resolve and report on the resolution; in the event the results do not agree with the recommendations addressed to the heads of the upper level of the person required to solve;

3. While conducting surveillance, if found to have violated the law causing damage to the interests of the State, the legitimate rights and interests of citizens, agencies, the Organization shall request the competent person to apply immediately the necessary measures to promptly terminate the violation and consider the responsibilities of violators.

Article 115. Supervision of the people's Council, the people's Council granted within the scope of the task, their powers are responsible for: 1. Supervise the handling of administrative violations in the local scope;

2. Periodically consider the reports of the people's committees at the same level on the situation of handling administrative violations locally;


3. Upon receiving the complaint, the report on the handling of administrative violations, if found to have violated the law, the authorized person requests review, resolve and report on the resolution;

4. While conducting supervised the handling of administrative violations locally, if found to have violated the law causing damage to the interests of the State, the legitimate rights and interests of citizens, agencies, the Organization shall request the competent person to apply immediately the necessary measures to promptly terminate the violation and consider the responsibilities of violators.

Article 116. Check of the ministries, ministerial agencies, government agencies, Ministers Ministerial heads, government agencies are responsible for: 1. Regularly check the handling of administrative violations of the authority handling administrative violations in its management scope;

2. the timely resolution of complaints, accusations of handling administrative violations in the field, the field himself in charge under the provisions of the law;

3. Disciplined for violations in the handling of administrative violations in the scope of its management; 

 4. Prepare a report on the situation of administrative violations in the field, the field itself is in charge at the request of the competent authority.

Article 117. Test of the people's Committee of the people's Committee Chairman grant levels are responsible for: 1. Regularly check the handling of administrative violations of the authority handling administrative violations in its management scope;

2. the timely resolution of complaints, accusations of handling administrative violations in accordance with local law;

3. Disciplined for violations in the handling of administrative violations in the scope of its management;

4. Periodically or upon request, reported the people's Council and answered questions in the Council of people's deputies of the same level about the situation of handling administrative violations in the local.

Chapter IX COMPLAINTS, accusations, reward and HANDLE breach of article 118. The complaint, report 1. Personally, the organization sanctioned administrative offense or their legal representatives have the right to complain about the decision sanctioning administrative violations, decided to apply the preventive measures and ensure the handling of administrative violations.

2. the person is educated in the communes, wards, town, put on the market brought, brought into the institution, brought in healing facility, administrative probation or their legal representatives have the right to complain about the application of the measure.

3. Every citizen has the right to denounce unlawful conduct in the handling of administrative violations.

4. jurisdiction, procedure, the time limit complaints, accusations are made according to the provisions of the law on complaints and denunciation.

Article 119. Sue Sue The Administration for decision sanctioning administrative violations, decided to apply the preventive measures and ensure the handling of administrative violations, educated decision in the communes, wards, town, put on the market brought, brought into the institution, brought in healing facility administrative probation, to be made under the provisions of the law on the procedure of resolving administrative cases.

Article 120. Personal rewards, achievements in the Organization and struggle against administrative violations are rewarded according to the State's General mode.

Prohibited use of proceeds from sanctioning administrative violations or from selling exhibits, seized vehicles to extract of reward.

Article 121. Handle violation for competent handling of administrative violations The competent handling of administrative violations that harassment, tolerate, cover, not processed or not processed in time, does not properly handle beyond the jurisdiction rules depending on the nature and extent of the violation being disciplined or suffer prejudice criminal liability; If the damage is compensated according to the provisions of the law.

Article 122. Treats breaches of people dealt with administrative violations Who dealt with administrative violations if there are acts against the person on duty, postpone, evade the executor or other violations, then depending on the nature and extent of the violation which dealt with administrative violations or prejudice criminal liability; If the damage is compensated according to the provisions of the law.

Chapter X TERMS Enacted 123. Effect of this Ordinance in force as from October 1, 2002.

This Ordinance replaced the Ordinance on handling administrative violations on July 6, 1995.

The rules on handling administrative violations previously opposed this Ordinance were repealed. In case the law has other stipulations shall apply in accordance with the law.

Article 124. Government enforcement guide detailing and guiding the implementation of this Ordinance.