Decree No. 118/2021/ND-CP

DECREE

DETAILING A NUMBER OF ARTICLES OF, AND PROVIDING MEASURES FOR IMPLEMENTATION OF, THE LAW ON HANDLING OF ADMINISTRATIVE VIOLATIONS

Pursuant to the Law on Organisation of the Government dated 19 June 2015; the Law amending and supplementing a number of articles of the Law on Organisation of the Government and the Law on Organisation of Local Government dated 22 November 2019;

Pursuant to the Law on Handling of Administrative Violations dated 20 June 2012; the Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations dated 13 November 2020;

At the request of the Minister of Justice;

The Government hereby promulgates the Decree detailing a number of articles of, and providing measures for implementation of, the Law on Handling of Administrative Violations.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details a number of articles of, and provides measures for implementation of, the Law on Handling of Administrative Violations regarding:

1. The subjects sanctioned for administrative violations.

2. Provisions on administrative violations and on the sanctioning of administrative violations.

3. The application of the provisions on the sanctioning of administrative violations.

4. State management of the enforcement of the legislation on the handling of administrative violations.

Article 2. Subjects of application

1. Authorities competent to manage the enforcement of the legislation on the handling of administrative violations.

2. Authorities and persons competent to handle administrative violations.

3. Agencies, organisations and individuals involved in the enforcement of the legislation on the handling of administrative violations.

Article 3. Subjects sanctioned for administrative violations

1. The subjects sanctioned for administrative violations are prescribed in Clause 1 Article 5 of the Law on Handling of Administrative Violations.

2. An organisation shall be sanctioned for an administrative violation where all of the following conditions are met:

a) It is a legal entity under the civil legislation, or another organisation established in accordance with the law;

b) The administrative violation was committed by a representative, by a person assigned to act in the name of the organisation, or by a person acting under the direction, management, assignment or approval of the organisation, and that act is prescribed in a decree on the sanctioning of administrative violations in the fields of State management.

3. The organisations sanctioned for administrative violations are specified in the decrees providing for the sanctioning of administrative violations in the fields of State management.

4. Where a branch, representative office or business location commits an administrative violation within the scope and period authorised by the legal entity or organisation, or under the direction, management, assignment or approval of the legal entity or organisation, the subject sanctioned for the administrative violation shall be that legal entity or organisation, which shall be sanctioned at the level of fine applicable to organisations in respect of the activities carried out by its branch, representative office or business location.

Where a branch, representative office or business location of a legal entity or organisation commits an administrative violation outside the scope or period authorised by the legal entity or organisation, or not under the direction, management, assignment or approval of the legal entity or organisation, the branch, representative office or business location shall be liable and shall be sanctioned for the administrative violation at the level of fine applicable to organisations in respect of the activities it carried out.

5. Where a business household, family household or residential community commits an administrative violation, the level of fine applicable to individuals committing administrative violations shall apply. The representative of the business household, the head of the family household and the head of the residential community shall be responsible for implementing the decisions sanctioning the administrative violation on behalf of the business household, family household or residential community.

6. Where an official, public employee, member of the People's Army or People's Public Security force, or person engaged in cipher work commits a violation while performing official duties or tasks and that violation falls within those official duties or tasks, that person shall not be sanctioned under the legislation on the handling of administrative violations but shall be dealt with under the relevant legislation.

Where a State authority commits a violation falling within its State management tasks, it shall not be sanctioned under the legislation on the handling of administrative violations but shall be dealt with under the relevant legislation.

Chapter II

PROVISIONS ON ADMINISTRATIVE VIOLATIONS AND ON THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS

Article 4. Prescribing administrative violations, forms of sanction, levels of sanction and remedial measures in the decrees providing for the sanctioning of administrative violations in the fields of State management

1. The prescribing of administrative violations must satisfy the following requirements:

a) There is a breach of the provisions on obligations, responsibilities and prohibitions of the legislation on administrative management order in the fields of State management;

b) It meets the requirement of ensuring State administrative management order;

c) The administrative violation must be described clearly, fully and specifically so that it can be identified and sanctioned in practice.

2. The administrative violations prescribed in the decrees providing for the sanctioning of administrative violations in a field of State management must correspond to and be appropriate to the nature of those violations.

Where an administrative violation falls within one field of State management but relates to another field of State management, in order to ensure that the provisions on the sanctioning of administrative violations are complete, comprehensive and consistent, a cross-reference may be made to the violation already prescribed in the decree providing for the sanctioning of administrative violations in the other field, while at the same time allocating sanctioning competence to certain titles competent to sanction in that field.

Where an administrative violation has particular elements or features relating to the field or place of the violation, the consequences of the violation, and objective factors and conditions that change the nature or seriousness of the violation, then in order to meet State management requirements, a decree providing for the sanctioning of administrative violations that does not directly govern that field of State management may prescribe higher or lower sanctions for that violation.

3. The form and level of sanction shall be prescribed for each administrative violation and must be based on the following factors:

a) The nature and extent to which the violation infringes State administrative management order; for a violation that is not serious and is simple in nature, the form of sanction to be prescribed is a caution;

b) The average income and standard of living of the people in each period of the country's socio-economic development;

c) The educational and deterrent effect and the reasonableness and feasibility of applying the form and level of the fine.

4. The fine bracket prescribed for each administrative violation must be specific, and the gap between the minimum and maximum levels of the fine bracket must not be too wide. The fine brackets within one article must be arranged in order of the level of fine from low to high.

5. Remedial measures shall be prescribed for each administrative violation and must be based on the following requirements:

a) Consequences must have been caused, or there must be an actual possibility of causing consequences;

b) They must meet the requirement of restoring the State administrative management order disrupted by the administrative violation;

c) They must be described clearly, fully and specifically so that they can be carried out in practice, and their feasibility must be ensured.

6. Where a permit, practising certificate or operation registration certificate has been erased or altered so as to falsify its contents, the remedial measure of compelling the surrender of the erased or altered permit, practising certificate or operation registration certificate to the authority or person competent that issued it must be prescribed.

Article 5. Prescribing the forms of sanction of deprivation of the right to use a permit or practising certificate for a definite period, suspension of operations for a definite period, or confiscation of the exhibits and means of the administrative violation, in respect of administrative violations in the decrees providing for the sanctioning of administrative violations in the fields of State management

1. The prescribing of deprivation of the right to use a permit or practising certificate for a definite period in respect of an administrative violation must be based on all of the following grounds:

a) The violation directly concerns the activities stated in the permit or practising certificate;

b) The violation is serious in nature and extent and infringes State administrative management order.

2. Deprivation of the right to use a permit or practising certificate for a definite period shall not be prescribed in cases where there are legal provisions on the revocation of the permit or practising certificate.

3. The prescribing of suspension of part of the operations for a definite period in respect of an administrative violation of a production, business or service establishment which, under the law, must hold a permit, must be based on all of the following grounds:

a) The violation directly concerns the activities stated in the permit;

b) The violation is serious in nature and extent and infringes State administrative management order;

c) It causes serious consequences, or has an actual possibility of causing serious consequences, to human life and health, to the environment and to social order and safety.

4. Suspension of operations for a definite period shall not be prescribed in respect of a production, business or service establishment which, under the law, must hold a permit, where there are legal provisions on the revocation of the permit.

5. The prescribing of suspension of part or all of the operations for a definite period in respect of an administrative violation of a production, business or service establishment or other activity which, under the law, is not required to hold a permit, must be based on the nature and seriousness of the infringement of State administrative management order, or on the serious consequences to human life and health, to the environment and to social order and safety that the act has an actual possibility of causing.

6. Where the exhibits or means of an administrative violation are narcotics, weapons, explosives, support tools, objects of historical or cultural value, national treasures, antiquities, rare forest products, or objects banned from storage or circulation, confiscation must be prescribed. In other cases, the prescribing of confiscation of the exhibits and means of an administrative violation in respect of an administrative violation must be based on one of the following grounds:

a) The violation was committed intentionally or is serious in nature;

b) The objects, money, goods or means are direct exhibits of the administrative violation or were used directly to commit the administrative violation, and without those objects, money, goods or means the violation could not have been committed.

7. The prescribing of the forms of sanction of deprivation of the right to use a permit or practising certificate for a definite period, suspension of operations for a definite period, or confiscation of the exhibits and means of an administrative violation, as a principal or additional form of sanction for a specific administrative violation in the decrees providing for the sanctioning of administrative violations, must be based on Articles 21, 25 and 26 of the Law on Handling of Administrative Violations, on Clauses 1, 2, 3, 4, 5 and 6 of this Article, and on the particular nature of each field of State management.

8. The period of deprivation of the right to use a permit or practising certificate for a definite period, or of suspension of operations for a definite period, in respect of an administrative violation must be prescribed as a specific time bracket, and the gap between the minimum and maximum periods of deprivation or suspension must not be too wide.

Article 6. Provisions on sanctioning competence and competence to make administrative violation records

1. The competence of each title to impose fines must be specified in the decree providing for the sanctioning of administrative violations. For a decree covering several fields of State management, that competence must be specified for each field.

Where the competence of the titles prescribed in Articles 38, 39, 40, 41 and 46 of the Law on Handling of Administrative Violations to impose fines is calculated as a percentage of the maximum fine level for the corresponding field prescribed in Clause 1 Article 24 of the Law on Handling of Administrative Violations, the fine competence must be converted into a specific monetary amount for prescription in the decree providing for the sanctioning of administrative violations in that field of State management.

2. For the fields of State management prescribed in Clause 3 Article 24 of the Law on Handling of Administrative Violations in which there are administrative violations for which the fine is determined by reference to a multiple of, or the value of, the violating exhibits or violating goods, the sanctioning competence of the titles prescribed in Articles 38, 39, 40, 41 and 46 of the Law on Handling of Administrative Violations shall be determined as a percentage of the maximum fine level in that field and must be converted into a specific monetary amount for prescription in the decree providing for the sanctioning of administrative violations in that field of State management.

3. Where a decree providing for the sanctioning of administrative violations prescribes that several titles of forces competent to sanction belonging to several different fields of State management take part in sanctioning, the sanctioning competence of those forces must be clearly prescribed for each specific provision.

4. The persons competent to make administrative violation records comprise persons competent to sanction; officials, public employees, members of the People's Army and People's Public Security force and persons engaged in cipher work who are performing official duties or tasks; and aircraft commanders, ship masters, train masters and the persons assigned by aircraft commanders, ship masters and train masters to make records.

The titles competent to make administrative violation records are specified in the decrees providing for the sanctioning of administrative violations in each field of State management.

5. Where an administrative violation is subject both to the principal form of sanction of a fine and to the additional form of sanction of expulsion, the decree providing for the sanctioning of administrative violations in that field of State management must allocate the competence to sanction that violation to the title competent to apply the form of sanction of expulsion under Point đ Clause 5 and Clause 7 Article 39 of the Law on Handling of Administrative Violations.

Chapter III

APPLICATION OF THE PROVISIONS ON THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS

Article 7. Application of legal normative documents to sanction administrative violations

1. The selection of the legal normative document to be applied in sanctioning an administrative violation shall be carried out under Article 156 of the Law on Promulgation of Legal Normative Documents.

2. Where an administrative violation is committed during a period in which several decrees providing for the sanctioning of administrative violations in a field of State management are in force, and the decree to be applied cannot be determined under Clause 1 of this Article, the selection of the legal normative document to be applied in sanctioning the administrative violation shall be as follows:

a) If the administrative violation has ended, the decree in force at the time the violation ceased shall be applied for sanctioning;

b) If the administrative violation is being committed, the decree in force at the time the violation is detected shall be applied for sanctioning.

Article 8. Principles for determining administrative violations, applying the forms of sanction for administrative violations and remedial measures, and force majeure events

1. The determination of whether an administrative violation has ended or is being committed, for the purpose of calculating the statute of limitations for sanctioning administrative violations, shall be carried out according to the following principles:

a) An administrative violation that has ended is an act committed once or several times where there are grounds for determining that the act was completed before the time the competent authority or person detected the administrative violation;

b) An administrative violation that is being committed is an act taking place at the time the competent authority or person detects the administrative violation, and that act is still infringing State management order.

2. The forms of sanction for administrative violations and the remedial measures may be applied only where a decree providing for the sanctioning of administrative violations in the fields of State management prescribes those forms of sanction and remedial measures for the specific administrative violation, except in the case prescribed in Clause 2 Article 65 of the Law on Handling of Administrative Violations.

3. Where an administrative violation arises directly from objective conditions and circumstances caused by an epidemic, or from the need to implement epidemic prevention and control measures, in order to determine whether or not to sanction the administrative violation the person competent to sanction must verify and collect in full the information, figures, papers and materials relating to the administrative violation so as to clarify the circumstances of the specific case. If it is determined that the epidemic was the direct cause of the administrative violation; that the person committing the violation could not have foreseen the epidemic circumstances and could not overcome them despite having taken all necessary and possible measures to do so, then Clause 4 Article 11 of the Law on Handling of Administrative Violations may be applied so as not to sanction the administrative violation.

Article 9. Application of the form of sanction of a fine; deprivation of the right to use a permit or practising certificate for a definite period; suspension of operations for a definite period; confiscation of the exhibits and means of an administrative violation; and application of remedial measures

1. The determination of the level of fine for a specific administrative violation where there are several aggravating and mitigating circumstances shall be carried out according to the following principles:

a) When determining the level of fine for an organisation or individual in violation that has both aggravating and mitigating circumstances, the aggravating circumstances shall be offset on the principle that one mitigating circumstance offsets one aggravating circumstance;

b) The specific level of fine for an administrative violation is the median of the fine bracket prescribed for that violation. Where there are 02 or more mitigating circumstances, the minimum level of the fine bracket shall apply; where there are 02 or more aggravating circumstances, the maximum level of the fine bracket shall apply.

2. The form of sanction of deprivation of the right to use a permit or practising certificate for a definite period shall be applied as follows:

a) Where an individual or organisation commits several administrative violations and is sanctioned on the same occasion, and two or more of those violations are subject to the form of sanction of deprivation of the right to use, for a definite period, several different types of permit or practising certificate, the form of sanction of deprivation of the right to use for a definite period shall be applied separately to each violation.

Where two or more violations are subject to the form of sanction of deprivation of the right to use, for a definite period, the same type of permit or practising certificate, the maximum level of the bracket of the period of deprivation of the violation with the longest prescribed period of deprivation shall apply;

b) Where an individual or organisation commits administrative violations several times and is sanctioned for each violation, and two or more of those violations are subject to the form of sanction of deprivation of the right to use, for a definite period, the same type of permit or practising certificate, the maximum level of the bracket of the period of deprivation of the violation with the longest period of deprivation shall apply;

c) Where the remaining validity period of the permit or practising certificate is shorter than the period of deprivation of the right to use that permit or practising certificate, the period of deprivation applied shall be the remaining validity period of that permit or practising certificate.

3. The competence to apply the form of sanction of deprivation of the right to use a permit or practising certificate does not depend on the authority or person that issued the permit or practising certificate, but shall be exercised solely in accordance with the Law on Handling of Administrative Violations.

4. An individual or organisation in violation must surrender the permit or practising certificate as required for seizure by the person competent to sanction, except where the preventive measure and measure to ensure the handling of the administrative violation of temporarily seizing the permit or practising certificate has already been applied under Clause 7 Article 125 of the Law on Handling of Administrative Violations. The surrender of the permit or practising certificate must be recorded in a record and 01 copy given to the individual in violation or the representative of the organisation in violation, except where a record of temporary seizure of the permit or practising certificate has already been made, in which case the record of temporary seizure shall remain valid until the end of the period of deprivation of the right to use the permit or practising certificate under the decision sanctioning the administrative violation.

5. Within 02 working days from the date of issuing a decision sanctioning an administrative violation that applies the form of sanction of deprivation of the right to use a permit or practising certificate, the competent person who issued the sanctioning decision must send the decision sanctioning the administrative violation to the authority that issued that permit or practising certificate for its information.

6. The form of sanction of suspension of operations for a definite period shall be applied as follows:

a) Where an individual or organisation commits several administrative violations and is sanctioned on the same occasion, and two or more of those violations are subject to the form of sanction of suspension of operations for a definite period, the maximum level of the bracket of the period of suspension of the violation with the longest prescribed period of suspension shall apply;

b) Where an individual or organisation commits administrative violations several times and is sanctioned for each violation, and two or more of those violations are subject to the form of sanction of suspension of operations for a definite period, the maximum level of the bracket of the period of suspension of the violation with the longest prescribed period of suspension shall apply.

7. The determination of the period of deprivation of the right to use a permit or practising certificate for a definite period, or of suspension of operations for a definite period, in respect of a specific administrative violation where there are several aggravating and mitigating circumstances shall be carried out according to the following principles:

a) When determining the period of deprivation of the right to use a permit or practising certificate for a definite period, or of suspension of operations for a definite period, in respect of an administrative violation of an organisation or individual in violation that has both aggravating and mitigating circumstances, the aggravating circumstances shall be offset on the principle that one mitigating circumstance offsets one aggravating circumstance;

b) The specific period of deprivation of the right to use a permit or practising certificate, or of suspension of operations, in respect of an administrative violation is the median of the bracket of the period of deprivation or suspension prescribed for that violation. Where there are 02 or more mitigating circumstances, the minimum level of the bracket of the period of deprivation or suspension shall apply; where there are 02 or more aggravating circumstances, the maximum level of the bracket of the period of deprivation or suspension shall apply.

8. The person competent to confiscate the exhibits and means of an administrative violation prescribed in Clause 2 Article 65 and Clause 4 Article 126 of the Law on Handling of Administrative Violations is the person competent to sanction the administrative violation in that case.

Where the exhibits or means of the administrative violation are of a type banned from storage or circulation, the person competent to confiscate shall be determined under Clause 2 Article 24 of this Decree.

9. The person competent to apply the remedial measures prescribed in Clause 2 Article 65 of the Law on Handling of Administrative Violations is the person competent to sanction the administrative violation in that case.

10. The person competent to destroy exhibits and means of an administrative violation that are goods or articles harmful to human health, livestock, crops and the environment, or noxious cultural products, under Clause 5 Article 126 of the Law on Handling of Administrative Violations, is the person competent to sanction the administrative violation in that case.

Article 10. Delegation of powers in the sanctioning of administrative violations

1. The decision on delegation of powers prescribed in Article 54, Clause 2 Article 87 and Clause 2 Article 123 of the Law on Handling of Administrative Violations must clearly specify the scope, contents and period of the delegation.

The decision on delegation of powers must bear a number, state the date clearly, bear a subject heading, and be signed and sealed; where the agency or unit of the delegating person may not use its own seal, the overlapping seal of the superior agency shall be affixed.

The legal basis section of the decisions sanctioning administrative violations, the decisions on enforcement of sanctioning decisions and the decisions applying preventive measures and measures to ensure the handling of administrative violations issued by a deputy with delegated powers must clearly show the number, date and subject heading of the decision on delegation of powers.

2. A person assigned to head or take charge of an agency or unit competent to sanction has the competence to sanction and may be delegated the powers to sanction, to enforce sanctioning decisions and to apply preventive measures and measures to ensure the handling of administrative violations in the same way as the head.

3. During the period of delegation, the persons competent to sanction administrative violations prescribed in Clause 1 Article 54 of the Law on Handling of Administrative Violations continue to have the competence to sanction, to enforce sanctioning decisions and to apply preventive measures and measures to ensure the handling of administrative violations.

4. The delegation of powers terminates in one of the following cases:

a) The period of delegation stated in the decision expires;

b) The work for which the powers were delegated has been completed;

c) The head terminates the delegation of powers to the deputy. In this case, the termination of the delegation must be expressed by a decision;

d) The delegating person or the person with delegated powers retires, resigns, is transferred, appointed, rotated, seconded, resigns from office, is relieved of office, removed from office, demoted or temporarily suspended from work in accordance with the law;

đ) The delegating person or the person with delegated powers dies, is declared by a Court to have lost civil act capacity, to have restricted civil act capacity, to be missing or to be dead;

e) The work for which the powers were delegated has not been completed but the case must be transferred to another competent authority or person for handling in accordance with the law;

g) The delegating person or the person with delegated powers is prosecuted; or is held in custody or temporary detention for the purposes of investigation, prosecution or trial;

h) The conditions for the head to delegate the power to hold a person in custody under administrative procedures prescribed in Clause 2 Article 123 of the Law on Handling of Administrative Violations no longer exist.

Article 11. Competence of the Head of a specialised inspection team to sanction administrative violations

1. The Head of a specialised inspection team has the competence to sanction administrative violations falling within the scope and contents of the inspection during the inspection period prescribed by the legislation on inspection.

Where the inspection period prescribed by the legislation on inspection has expired and the sanctioning decision cannot be issued for objective reasons, the violation case must be transferred to the person competent to sanction.

2. Where a decision on the sanctioning of an administrative violation is complained against, the person who issued the inspection decision shall be responsible for receiving and settling the complaint, or for directing the person who issued the decision sanctioning the administrative violation to settle it in accordance with the legislation on complaints.

Article 12. Making administrative violation records

1. Making and transferring administrative violation records:

a) A competent person performing official duties or tasks who detects an administrative violation must make an administrative violation record.

As regards an act showing signs of an administrative violation that does not fall within that person's competence to make administrative violation records, or does not fall within that person's field or area of management, the competent person performing official duties or tasks must make a working record to record the matter and immediately transfer the record to the competent person;

b) Where the case requires expert examination, testing, verification or analysis of the exhibits or means, and in other necessary cases, the competent person performing official duties or tasks may make a working record to record the matter.

The working record prescribed in Points a and b of this Clause is one of the bases for making the administrative violation record;

c) Where an administrative violation is detected by means of professional technical devices and equipment, the place for making the administrative violation record shall be as prescribed in Clause 2 Article 58 of the Law on Handling of Administrative Violations;

d) The transfer of the results collected by means of professional technical devices and equipment to the person competent to sanction administrative violations for the making of the administrative violation record and the issuance of the decision sanctioning the administrative violation shall be carried out in accordance with the Government's regulations on the list, management and use of professional technical devices and equipment and on the collection and use of data obtained from technical devices and equipment provided by individuals and organisations for the detection of administrative violations.

2. Time limit for making administrative violation records:

a) The administrative violation record shall be made within 02 working days from the detection of the administrative violation;

b) Where the case has many complicated circumstances or a wide scope affecting the lawful rights and interests of individuals and organisations, the administrative violation record shall be made within 05 working days from the detection of the administrative violation;

c) Where the administrative violation is detected by means of professional technical devices and equipment, or where the value of the exhibits or means must be determined or expert examination, testing, verification or analysis and the verification of related circumstances must be carried out, the administrative violation record shall be made within 03 working days from the date on which the subject of the violation is identified by means of the professional technical devices and equipment, or from the date of receipt of the results of the determination of the value of the exhibits or means, of the expert examination, testing, verification or analysis and of the verification of the related circumstances;

d) Where the administrative violation occurs on board an aircraft, seagoing vessel or train, the person competent to make the administrative violation record, or the aircraft commander, ship master or train master, shall be responsible for making the administrative violation record and transferring it to the person competent to sanction administrative violations within 02 working days from the arrival of the aircraft, seagoing vessel or train at the airport, port or station;

đ) Where a case involves several different administrative violations, among which there is an act detected by means of professional technical devices and equipment, or in respect of which the value of the exhibits or means must be determined or expert examination, testing, verification or analysis and the verification of related circumstances must be carried out, the administrative violation record shall be made in respect of the acts in that case within 03 working days from the date on which the subject of the violation is identified by means of the professional technical devices and equipment, or from the date of receipt of the complete results of the determination of the value of the exhibits or means, of the expert examination, testing, verification or analysis and of the verification of the related circumstances.

3. Making administrative violation records in certain specific cases:

a) Only one record shall be made and one sanctioning decision issued in respect of one administrative violation. Where a record of the violation has been made but the sanctioning decision has not yet been issued and the individual or organisation fails to comply with the request or order of the competent person and intentionally continues to commit that violation, the competent person must apply an appropriate preventive measure and measure to ensure the handling of the administrative violation in order to put an end to the violation. When issuing the sanctioning decision in respect of that act, the person competent to sanction may apply the aggravating circumstance prescribed in Point i Clause 1 Article 10 of the Law on Handling of Administrative Violations, or may sanction the act of failing to comply with the request or order of the competent person where the decree providing for the sanctioning of administrative violations in the corresponding field of State management so provides, and sanction the violation for which the record was made but no sanctioning decision was issued;

b) Where an individual or organisation commits several different administrative violations in the same violation case, the competent person shall make one administrative violation record, clearly stating each violation;

c) Where several individuals or organisations together commit one administrative violation in the same violation case, the competent person may make one or more administrative violation records in respect of each individual or organisation in violation. Where the value of the exhibits or means of the administrative violation differs, the competent person must clearly state the value of the exhibits and means of the administrative violation of each individual or organisation in violation;

d) Where several individuals or organisations commit several different administrative violations in the same violation case, the competent person may make one or more administrative violation records, clearly stating each violation of each individual or organisation;

đ) Where an individual or organisation commits administrative violations several times, the competent person shall make one administrative violation record, clearly stating each violation and each occasion of violation.

4. An administrative violation record must contain the following basic particulars:

a) The date and place of making the record;

b) The full name and position of the person making the record;

c) Information on the individual or organisation in violation and on the agencies, organisations and individuals concerned;

d) The time and place at which the violation occurred;

đ) A specific and complete description of the case and of the violation;

e) The preventive measures and measures to ensure the handling of the administrative violation;

g) The statement of the person in violation or of the representative of the organisation in violation (legal representative or authorised representative);

h) The statement of the witness, the injured person or the representative of the injured organisation (if any); the opinion of the parents or guardian where a minor commits the administrative violation (if any);

i) The right of, and the time limit for, the individual or organisation in violation to give explanations about the administrative violation, and the authority of the person competent to receive the explanations; where the individual or organisation does not request to give explanations, that opinion must be clearly recorded in the record;

k) The time and place at which the person in violation or the representative of the organisation in violation must be present to settle the case;

l) The full name of the recipient and the time of receipt of the record where the record is handed over directly.

5. Signing the administrative violation record:

a) The administrative violation record must be made in at least 02 copies and must be signed by the person making the record and by the person in violation or the representative of the organisation in violation, except where the record is made under Clause 7 Article 58 of the Law on Handling of Administrative Violations; where the person in violation cannot sign, that person shall give a fingerprint; if there is a witness, an interpreter, an injured person or a representative of the injured organisation, they must also sign the record; where the record comprises several pages, each page of the record must be signed;

b) Where the person in violation or the representative of the organisation in violation is not present at the place of the violation, or deliberately evades, or for objective reasons does not sign or give a fingerprint on the record, or is present but refuses to sign or give a fingerprint on the record, or where the subject of the administrative violation cannot be identified, the record must bear the signature of a representative of the commune-level authority of the place where the violation occurred, or of at least one witness confirming that the individual or organisation in violation did not sign the record; where there is no signature of a representative of the commune-level authority or of a witness, the reason must be clearly stated in the record.

6. Handing over the administrative violation record:

a) Once completed, 01 copy of the administrative violation record must be handed over to the individual or organisation committing the administrative violation, except where the individual or organisation committing the administrative violation cannot be identified. Where the administrative violation does not fall within the sanctioning competence of the person making the record, the record and other materials must be transferred to the person competent to sanction within 24 hours from the making of the record;

b) Where a minor commits the administrative violation, the record shall also be sent to that person's parents or guardian;

c) Where the person in violation or the representative of the organisation in violation is not present at the place where the administrative violation record is made, or is present but refuses to receive it, or where there are grounds to believe that the individual or organisation in violation is evading receipt of the record, the handing over of the administrative violation record shall be carried out under Article 70 of the Law on Handling of Administrative Violations on sending decisions sanctioning administrative violations for enforcement.

7. Administrative violation records made and sent by electronic means under Clause 7 Article 58 of the Law on Handling of Administrative Violations shall be dealt with under the decree providing for the sanctioning of administrative violations in the field of State management concerned, as appropriate to the nature of each field.

8. Persons competent to make administrative violation records and the individuals and organisations concerned who are at fault in transferring the administrative violation record or the case file out of time, thereby causing the time limit for issuing the sanctioning decision to expire, shall be dealt with in accordance with the law.

Article 13. Annulment of decisions and issuance of new decisions in the sanctioning of administrative violations

1. The person who issued the decision shall, on his or her own initiative or at the request of the persons prescribed in Clause 3 Article 18 of the Law on Handling of Administrative Violations, issue a decision annulling the entire contents of the decision where it falls within one of the following cases:

a) The subject of the violation is incorrect;

b) The provisions on competence to issue the decision have been breached;

c) The provisions on the procedure for issuing the decision have been breached;

d) The case prescribed in Clause 1 Article 12 of the Law on Handling of Administrative Violations;

đ) The case prescribed in Clause 6 Article 12 of the Law on Handling of Administrative Violations;

e) The case prescribed in Clause 10 Article 12 of the Law on Handling of Administrative Violations;

g) The case prescribed in Clause 3 Article 62 of the Law on Handling of Administrative Violations;

h) The case in which no sanctioning decision is issued, prescribed in Clause 1 Article 65 of the Law on Handling of Administrative Violations.

2. The persons prescribed in Clause 3 Article 18 of the Law on Handling of Administrative Violations shall, within their competence, issue a decision annulling the entire erroneous decision if the person who issued the decision does not annul it under Clause 1 of this Article.

3. In the cases prescribed in Points a, b, c, đ and e Clause 1 of this Article, if there are grounds for issuing a new decision, the person who issued the decision must issue a new decision or transfer the matter to the person competent to issue a new decision.

In the case prescribed in Point h Clause 1 of this Article, if the exhibits or means of the administrative violation are of a type banned from storage or circulation, or the law provides for the application of the form of sanction of confiscation or of a remedial measure in respect of the administrative violation, the competent person who issued the decision must issue a new decision, or transfer the matter to the person competent to issue a new decision, in order to confiscate or to apply the remedial measure.

Article 14. Correction, amendment, supplementation and partial annulment of decisions in the sanctioning of administrative violations

1. The person who issued the decision shall, on his or her own initiative or at the request of the persons prescribed in Clause 3 Article 18 of the Law on Handling of Administrative Violations, be responsible for correcting the decision where there is a drafting technical error.

2. The person who issued the decision shall, on his or her own initiative or at the request of the persons prescribed in Clause 3 Article 18 of the Law on Handling of Administrative Violations, be responsible for amending, supplementing or partially annulling the decision where the decision contains an error or breach that does not fall within the cases prescribed in Clause 1 Article 13 of this Decree and Clause 1 of this Article.

3. Decisions correcting, amending, supplementing or partially annulling a decision shall be kept in the sanctioning file.

Article 15. Time limit for, and contents of, the correction, amendment, supplementation and partial or total annulment of decisions in the sanctioning of administrative violations

1. Time limit for correcting, amending, supplementing or partially or totally annulling a decision:

a) The time limit for correcting, amending, supplementing or partially annulling a decision is 01 year from the date on which the competent person issued the erroneous decision. Where the statute of limitations for sanctioning administrative violations prescribed in Point a Clause 1 Article 6 of the Law on Handling of Administrative Violations has expired, the decision shall not be corrected, amended, supplemented or partially annulled;

b) No time limit applies to the total annulment of a decision issued from the effective date of the Law on Handling of Administrative Violations that falls within the cases prescribed in Clause 1 Article 13 of this Decree.

2. The time limit for correcting, amending, supplementing or partially annulling a decision prescribed in Point a Clause 1 of this Article does not apply in the following cases:

a) The sanctioning decision applies the form of sanction of confiscation of the exhibits and means of the administrative violation, or a remedial measure prescribed in Clause 1 Article 74 of the Law on Handling of Administrative Violations;

b) There is a decision settling a complaint of the person or authority competent to settle complaints requiring the amendment, supplementation or partial annulment of the decision;

c) There is a conclusion on the contents of a denunciation of the person or authority competent to settle denunciations requiring the amendment, supplementation or partial annulment of the decision;

d) There is a judgment or decision of a Court on the amendment, supplementation or partial annulment of the decision being challenged.

3. In the case prescribed in Clause 3 Article 13 of this Decree, if there are grounds for issuing a new decision, the competent person must make a record verifying the circumstances of the administrative violation case under Article 59 of the Law on Handling of Administrative Violations.

The time limit for issuing the new decision shall be as prescribed in Clause 1 Article 66 of the Law on Handling of Administrative Violations, counted from the date of making the record verifying the circumstances of the administrative violation case.

4. A decision applying the form of sanction of confiscation of the exhibits and means of an administrative violation or a remedial measure that is corrected, amended, supplemented or partially annulled under Point a Clause 2 of this Article may be corrected, amended, supplemented or partially annulled only as regards the contents relating to the confiscation of the exhibits and means of the administrative violation and the application of the remedial measure.

Article 16. Effect, time limit and statute of limitations for enforcing decisions correcting, amending, supplementing or partially or totally annulling a decision, and newly issued decisions, in the sanctioning of administrative violations

1. A decision correcting, amending, supplementing or partially or totally annulling a decision, and a newly issued decision, takes effect from the date of signing or from a specific time after the date of signing stated in the decision.

2. The time limit for enforcing a decision correcting, amending, supplementing or partially annulling a decision, and a newly issued decision, is 10 days from the date on which the individual or organisation in violation receives the decision; where the newly issued decision states an enforcement time limit of more than 10 days, that time limit shall apply.

3. Statute of limitations for enforcing a decision correcting, amending, supplementing or partially annulling a decision, and a newly issued decision:

a) The statute of limitations for enforcing a decision correcting, amending, supplementing or partially annulling a decision, and a newly issued decision, is 01 year from the date of issuing the decision correcting, amending, supplementing or partially annulling the decision, or the new decision;

b) Where correction, amendment, supplementation, partial annulment or the issuance of a new decision must be carried out several times, the statute of limitations is 02 years from the date of issuing the decision that is corrected, amended, supplemented or partially annulled;

c) Upon expiry of the time limits prescribed in Points a and b of this Clause, that decision shall no longer be enforced, except where the sanctioning decision applies the form of sanction of confiscation of the exhibits and means of the administrative violation or a remedial measure, in which case the exhibits and means must still be confiscated and the remedial measure applied;

d) Where the individual or organisation sanctioned deliberately evades or delays, the above statute of limitations shall be counted from the time the act of evasion or delay ceases.

Article 17. Explanations

1. Where the individual or organisation in violation does not send written explanations to the person competent to sanction administrative violations, or does not send a written request for an extension of the time limit for giving explanations within the time limit prescribed in Clause 2 Article 61 of the Law on Handling of Administrative Violations, or clearly records in the administrative violation record that it does not exercise the right to give explanations, the person competent to sanction shall issue the sanctioning decision within the time limit prescribed in Point a Clause 1 Article 66 of the Law on Handling of Administrative Violations.

Where the individual or organisation in violation requests to give explanations under Clauses 2, 3 and 4 Article 61 of the Law on Handling of Administrative Violations, the person competent to sanction shall issue the sanctioning decision within the time limits prescribed in Points b and c Clause 1 Article 66 of the Law on Handling of Administrative Violations.

2. Where an individual or organisation committing an administrative violation does not request to give explanations but, before the expiry of the time limits prescribed in Clauses 2 and 3 Article 61 of the Law on Handling of Administrative Violations, subsequently requests to give explanations, the person competent to sanction administrative violations shall be responsible for considering the explanations of the individual or organisation in violation according to the procedure prescribed in Clauses 2 and 3 Article 61 of the Law on Handling of Administrative Violations, except where it is necessary to apply immediately the remedial measure of compelling the destruction of goods and articles harmful to human health, livestock, crops and the environment, or measures to remedy environmental pollution and the spread of epidemics and diseases, in respect of exhibits of the administrative violation that are live animals or plants, goods or articles that are perishable or difficult to preserve, or exhibits or means of the administrative violation that pose a risk or possibility of causing environmental pollution or the spread of epidemics and diseases.

3. The giving and consideration of explanations shall be expressed in writing and kept in the sanctioning file.

4. Where the person competent to sanction has not yet been identified when the administrative violation record is made, the individual or organisation in violation shall send the written explanations to the person competent to make the record. The person competent to make the record shall transfer the case file together with the written explanations to the competent person as soon as the competence to sanction the administrative violation is determined.

Article 18. Public announcement in the mass media of the sanctioning of individuals and organisations committing administrative violations

1. For the violations that must be publicly announced under Clause 1 Article 72 of the Law on Handling of Administrative Violations, the head of the agency or unit of the person who issued the sanctioning decision shall send a document on the public announcement, together with a copy of the decision sanctioning the administrative violation, to the website or newspaper of the ministerial-level or departmental-level management agency, or of the provincial-level People's Committee of the place where the administrative violation occurred, within 03 working days from the date of issuing the sanctioning decision.

Where a decision is corrected, amended, supplemented, annulled, or a new decision is issued, in the sanctioning of administrative violations, public announcement must also be made under this Clause.

2. The information to be publicly announced comprises: the full name, date of birth, identity card number, citizen identity card number or personal identification number, and nationality of the person in violation, or the name and address of the organisation in violation; the administrative violation; the form of sanction; the remedial measure and the time for its implementation.

3. The head of the newspaper agency or the person responsible for managing the contents of the website and the announcement period shall be responsible for:

a) Publishing in full the information to be made public within 02 working days from the date of receipt of the document on the public announcement and the copy of the decision sanctioning the administrative violation;

b) Publishing the information for each decision sanctioning an administrative violation at least 01 time, with a posting period of at least 30 days;

c) Publishing a correction within 01 working day on the website or in the next issue of the newspaper, from the time the request is received.

4. The head of the agency of the person who issued the decision sanctioning the administrative violation shall be responsible for:

a) Being responsible for the contents of the information publicly announced;

b) Correcting erroneous information within 01 working day from the time it is detected or a request for correction is received.

5. Correcting erroneous information:

a) Where the website or newspaper publishes the information prescribed in Clause 2 of this Article inaccurately, the correction must be published in the same section or position where the erroneous information was published, within 24 hours from the time it is detected or a request for correction is received, on the website or in the next issue of the newspaper, and the cost of the correction must be borne by it;

b) The correction shall be made 01 time for each decision sanctioning an administrative violation, with a posting period of at least 30 days.

6. Where the public announcement of the sanction cannot be made within the time limit prescribed in Clause 1 of this Article for reasons of force majeure, the person responsible for the public announcement must report to his or her immediate superior and make the public announcement of the sanction as soon as the force majeure event has been overcome.

7. The funding for making the public announcement and for correcting erroneous information shall be paid from the regular operating funds of the agency of the competent person who issued the decision sanctioning the administrative violation.

8. A person who commits an act in breach of Clauses 1, 2, 3, 4, 5 and 6 of this Article shall, depending on the nature and seriousness of the breach, be disciplined and, if damage is caused, shall make restitution in accordance with the legislation on State compensation liability.

Article 19. Enforcement of decisions sanctioning administrative violations where the sanctioned person dies or goes missing, or the sanctioned organisation is dissolved or goes bankrupt

1. Where the sanctioned person dies or goes missing, or the sanctioned organisation is dissolved or goes bankrupt under Article 75 of the Law on Handling of Administrative Violations, and the sanctioning decision is still within its enforcement statute of limitations, the person who issued the sanctioning decision must issue a decision on the partial enforcement of the decision sanctioning the administrative violation within 60 days from the date of death of the sanctioned person stated in the death certificate; the date of the missing person stated in the decision declaring the person missing; the time the business registration authority announces the dissolution of the enterprise; or the time the decision declaring bankruptcy takes effect. The enforcement decision comprises the following particulars:

a) Suspension of the enforcement of the forms of sanction, and the reason for the suspension, except in the case prescribed in Point b of this Clause;

b) The form of sanction of confiscation of the exhibits and means of the administrative violation and the remedial measure shall continue to be enforced.

2. Responsibility for enforcing the form of sanction of confiscation of the exhibits and means of the administrative violation and for applying the remedial measure where the sanctioned person dies or goes missing, or the sanctioned organisation is dissolved or goes bankrupt:

a) The individual or organisation currently holding the exhibits and means of the administrative violation shall be responsible for enforcing the form of sanction of confiscation of the exhibits and means of the administrative violation;

b) An individual who is an heir to the estate, determined in accordance with the civil law on inheritance, shall be responsible for continuing to carry out the remedial measure to the extent of the inherited estate.

3. Sending the decision on the partial enforcement of the decision sanctioning the administrative violation:

a) Where the sanctioned organisation is dissolved or goes bankrupt, the decision on the partial enforcement of the decision sanctioning the administrative violation must be sent to the agency, organisation or individual competent to deal with the dissolution or bankruptcy, and to the legal representative of the dissolved or bankrupt organisation, for enforcement;

b) The decision on the partial enforcement of the decision sanctioning the administrative violation must be sent to the individuals and organisations prescribed in Clause 2 of this Article and Point a of this Clause within 03 working days from the date of issuing the decision.

4. Procedure for the partial enforcement of a decision sanctioning an administrative violation:

a) The procedure for the partial enforcement of a decision sanctioning an administrative violation prescribed in Point b Clause 1 of this Article shall follow Section 2 Chapter III Part Two of the Law on Handling of Administrative Violations;

b) Where the time limit for enforcing the decision has expired and the individuals or organisations prescribed in Clause 2 of this Article have not carried out the remedial measures, the agency of the competent person who is handling the administrative violation case file must organise their implementation.

The costs of carrying out the remedial measures shall be deducted from the estate left by the sanctioned person or from the remaining assets of the dissolved or bankrupt sanctioned organisation, and shall be regarded as one of the costs given priority of payment (if any).

5. Where the sanctioned person dies leaving no estate, or the dissolved or bankrupt sanctioned organisation has no remaining assets, the remedial measure shall be carried out under Clause 4 Article 85 of the Law on Handling of Administrative Violations.

6. The heirs of a sanctioned person who has died or gone missing, and the legal representative of a dissolved or bankrupt sanctioned organisation, have the right to supervise, complain about and bring legal action in respect of the costs of implementation and the payment of the costs of carrying out the remedial measures prescribed in Clause 4 of this Article.

Article 20. Forms of, and procedures for, collecting and paying fines

1. Individuals and organisations in violation shall pay fines in one of the following forms:

a) Paying cash directly at the State Treasury or at the commercial bank where the State Treasury holds the account stated in the sanctioning decision;

b) Transferring the amount into the State Treasury account stated in the sanctioning decision through the National Public Service Portal or the electronic payment service of a bank or of a payment intermediary service provider;

c) Paying the fine directly to the person competent to sanction under Clause 1 Article 56 and Clause 2 Article 78 of the Law on Handling of Administrative Violations, or directly to the port authority or the representative of the airport authority where the sanctioned person is a passenger in transit through the territory of Vietnam on an international flight departing from the territory of Vietnam; a crew member on duty on a flight in transit through the territory of Vietnam; or a crew member of a foreign airline operating an international flight departing from the territory of Vietnam;

d) Paying fines for administrative violations in the field of road traffic into the State Treasury under Points a, b and c Clause 1 of this Article, or through the public postal service.

2. Procedure for paying fines:

a) Where the sanctioning decision applies only the form of sanction of a fine and the sanctioned individual does not reside, or the sanctioned organisation is not headquartered, in the place where the violation occurred, then at the request of the sanctioned individual or organisation the person competent to sanction shall decide that the fine be paid in the form prescribed in Point b Clause 1 of this Article, and shall send the sanctioning decision to the individual or organisation in violation by registered post within 02 working days from the date of issuing the sanctioning decision;

b) The sanctioned individual or organisation shall pay the fine into the State Treasury account stated in the sanctioning decision within the time limit prescribed in Clause 1 Article 73 of the Law on Handling of Administrative Violations;

c) Within 05 working days from the date on which the fine is paid directly into the State Treasury account or indirectly through the public postal service, the person holding the papers to secure the sanctioning under Clause 6 Article 125 of the Law on Handling of Administrative Violations must return the papers held to the sanctioned individual or organisation by registered post where payment was made directly, or through the public postal service where payment was made indirectly. The cost of sending the sanctioning decision and the cost of returning the papers shall be borne by the sanctioned individual or organisation;

d) The sanctioned individual or organisation may receive the papers held back directly, or through a legal representative or an authorised representative.

3. Where the fine is paid late as prescribed in Clause 1 Article 78 of the Law on Handling of Administrative Violations, the fine-collecting agency shall, on the basis of the sanctioning decision, calculate and collect the late-payment amount.

4. Decisions to postpone the enforcement of a sanctioning decision; to reduce or remit the remaining part or the whole of the fine; or to allow payment of the fine in instalments, must be made in writing.

The time taken to consider and decide on the reduction or remission of the remaining part, or on allowing payment of the fine in instalments, shall not be counted as time of late payment of the fine.

5. The collection, payment and refund of fines shall be carried out under the Government's regulations on administrative procedures in the field of the State Treasury.

6. The Minister of Finance shall guide the collection and payment of administrative fines prescribed in Clauses 1, 2 and 3 of this Article, and the calculation and offsetting of any difference in the fine paid where a decision is corrected, amended, supplemented or annulled, or a new decision is issued, in the sanctioning of administrative violations.

Article 21. Vouchers for the collection and payment of fines and of late-payment amounts on administrative fines

1. Vouchers for the collection and payment of fines and late-payment amounts shall be printed, issued, managed and used uniformly nationwide, or shall be electronic vouchers for payment into the State budget as prescribed by law, in order to confirm the amount that an individual or organisation sanctioned for an administrative violation has paid to the fine-collecting agency. Vouchers for the collection and payment of administrative fines and late-payment amounts must be kept in the administrative violation sanctioning file in accordance with the legislation on archives.

2. Vouchers for the collection and payment of fines and late-payment amounts comprise:

a) Fine receipts with pre-printed denominations, used to collect administrative fines on the spot under Clause 2 Article 69 and Clause 2 Article 78 of the Law on Handling of Administrative Violations where the fine is up to VND 250,000 for an individual or VND 500,000 for an organisation;

b) Fine receipts without pre-printed denominations, used to collect fines in the remaining cases of sanctioning administrative violations and to collect late-payment amounts;

c) Payment slips and electronic vouchers for payment into the State budget (if any);

d) Certificates of payment of fines in the field of road traffic issued by public postal service enterprises (if any);

đ) Other vouchers as prescribed by law.

3. Fine receipts shall be issued as follows:

a) The Ministry of Finance shall be responsible for organising the supply of fine receipts to the agencies and units of persons competent to sanction administrative violations and to the agencies and organisations that collect administrative fines as prescribed by law.

Postal service enterprises shall be responsible for organising the printing and management of certificates of payment of fines in the field of road traffic through the public postal service;

b) The issuing agency or organisation must give written notice of issuance before putting a form of administrative fine receipt, or a certificate of payment of fines in the field of road traffic, into use for the first time;

c) Individuals and organisations supplied with administrative fine receipts or certificates of payment of fines in the field of road traffic must manage and use them in accordance with this Decree and other relevant provisions of law.

4. Use of vouchers for the collection and payment of fines and late-payment amounts:

a) An individual or organisation collecting fines must, when using a fine receipt, cross-check the information stated in the decision sanctioning the administrative violation against the particulars entered on the fine receipt in accordance with the regulations. The total amount on the fine receipts must match the fine stated in the sanctioning decision;

b) Where a late-payment amount on an administrative fine is collected under Clause 1 Article 78 of the Law on Handling of Administrative Violations, the receipt must clearly state the amount collected and that the collection is of a late-payment amount;

c) An individual or organisation paying an administrative fine has the right to refuse to pay, or to request a refund of the fine paid, if it finds that the fine receipt or collection voucher does not follow the prescribed form, does not match the decision sanctioning the administrative violation, or states the wrong fine or late-payment amount (if any), and shall inform the agency managing the person competent to collect the fine so that it may be dealt with promptly.

5. Management of fine receipts:

a) Administrative fine receipts shall be managed under the management regime in force appropriate to each type of receipt;

b) Agencies and organisations supplied with receipts for the collection of administrative fines shall be responsible for opening books to monitor the receipt, issue, safekeeping and storage of the receipts under the accounting regime in force; for making monthly and quarterly reports on the use of administrative fine receipts; and for carrying out the annual settlement of administrative fine receipts as prescribed by law;

c) The destruction of fine receipts shall be carried out in accordance with the law appropriate to each type of receipt.

6. Electronic vouchers for payment into the State budget shall be issued and used in accordance with the law.

7. The Minister of Finance shall provide in detail for the contents and form of fine receipts and other fine collection vouchers, and shall organise the printing, issuance, management and use of receipts for the collection of administrative fines and late-payment amounts, except for the certificates of payment of fines in the field of road traffic through the public postal service prescribed in Clause 3 of this Article.

Article 22. Transfer of decisions sanctioning administrative violations for enforcement

1. In the cases prescribed in Clauses 1 and 2 Article 71 of the Law on Handling of Administrative Violations, the agency of the person who issued the decision sanctioning the administrative violation shall be responsible for transferring the entire original file and related papers to the agency receiving the sanctioning decision for enforcement. Exhibits and means of the administrative violation that have been impounded or confiscated (if any) shall be transferred to the agency receiving the sanctioning decision for enforcement.

The transfer and handover of the exhibits and means of the administrative violation to the agency receiving the sanctioning decision for enforcement must be recorded in a written record.

2. Consideration of the postponement, reduction or remission of a fine where a decision sanctioning an administrative violation is transferred for enforcement:

a) Where the sanctioned individual or organisation requests the postponement, reduction or remission of the fine under Articles 76 and 77 of the Law on Handling of Administrative Violations, the competent person at the agency receiving the sanctioning decision for enforcement shall be responsible for receiving, considering and deciding on the postponement, reduction or remission, and shall at the same time inform the person who made the request and the competent person who issued that decision sanctioning the administrative violation; if the postponement, reduction or remission is not agreed to, the reason must be clearly stated;

b) Where the sanctioned individual or organisation sends the request for postponement, reduction or remission of the fine to the competent person who issued the decision sanctioning the administrative violation, that competent person shall be responsible for receiving the request and transferring it to the competent person at the agency receiving the sanctioning decision prescribed in Point a of this Clause for consideration and decision on the postponement, reduction or remission.

3. Where the sanctioned individual or organisation does not voluntarily comply with the sanctioning decision within the time limit prescribed in Clause 1 Article 73 of the Law on Handling of Administrative Violations, the competent person at the agency receiving the sanctioning decision for enforcement shall be responsible for issuing a decision on the coercive enforcement of the decision sanctioning the administrative violation in accordance with the law.

4. Where exhibits are impounded under Clause 3 Article 71 of the Law on Handling of Administrative Violations, and where the exhibits and means of the administrative violation are immovable property, aircraft, seagoing ships, inland waterway craft, or goods and means that are bulky, difficult to transport or costly to transport, the agency of the person who issued the decision sanctioning the administrative violation shall retain the sanctioning decision and organise its enforcement.

Article 23. Dealing with exhibits and means that were appropriated or used unlawfully to commit an administrative violation and that fall to be confiscated

1. Exhibits and means currently impounded because they were appropriated or used unlawfully to commit an administrative violation and that fall to be confiscated shall be dealt with under Clause 1 Article 126 of the Law on Handling of Administrative Violations. In this case, the individual or organisation in violation must pay into the State budget an amount equivalent to the value of the exhibits and means of the violation.

Where an amount equivalent to the value of the exhibits and means of the violation must be paid in a case involving several individuals or organisations in violation, all of them shall be responsible for paying into the State budget the amount equivalent to the value of the exhibits and means of the administrative violation, in the proportions decided by the person competent to sanction, unless the individuals and organisations in violation reach a written agreement and send it to the person competent to sanction within the time limit for issuing the decision sanctioning the administrative violation prescribed in Article 66 of the Law on Handling of Administrative Violations.

2. Exhibits and means of an administrative violation that fall to be confiscated but in respect of which a mortgage security measure has been registered under the civil law shall be dealt with as follows:

a) The mortgagee shall receive back the exhibits or means, or a value corresponding to the secured obligation; the individual or organisation in violation must pay into the State budget an amount equivalent to the value of the exhibits and means of the administrative violation;

b) The mortgagee is obliged to give written notice of the result of the disposal of the security asset to the person competent to sanction administrative violations within 03 working days from the date of the result of the disposal of the security asset that is an exhibit or means of an administrative violation falling to be confiscated. Where the security asset, after disposal, is worth more than the value of the secured obligation and the individual or organisation committing the administrative violation has not yet paid in full into the State budget the amount equivalent to the value of the exhibits and means of the administrative violation, the mortgagee is obliged to transfer the difference in value of the security asset into the State budget within 05 working days from the date of the written notice of the result of the disposal of the security asset;

c) A mortgagee who fails to fulfil the obligation to transfer the difference in value of a security asset that is an exhibit or means of an administrative violation falling to be confiscated within the prescribed time limit shall be sanctioned in accordance with the legislation on the sanctioning of administrative violations in the field of currency and banking, or in another relevant field.

3. Depending on the specific type of exhibit or means, the valuation of the exhibits and means of the violation for the purpose of determining the equivalent amount that the individual or organisation in violation must pay into the State budget shall be based on one of the grounds prescribed in Clause 2 Article 60 of the Law on Handling of Administrative Violations. The competent person handling the case shall be responsible for valuing the exhibits and means of the violation.

Where the grounds prescribed in Clause 2 Article 60 of the Law on Handling of Administrative Violations cannot be applied, the competent person handling the case must establish a Valuation Council. The Valuation Council shall be established under Clause 3 Article 60 of the Law on Handling of Administrative Violations.

4. The form of, and procedure for, collecting and paying into the State budget the amount equivalent to the value of the exhibits and means of the violation shall follow Article 21 of this Decree.

Article 24. Determining sanctioning competence where the exhibits or means of an administrative violation are goods banned from storage or circulation

1. Where the decrees on the sanctioning of administrative violations in the fields of State management prescribe the value or quantity of goods banned from storage or circulation and the fine bracket for a violation whose exhibits or means are goods banned from storage or circulation, sanctioning competence shall be determined under Chapter II Part Two of the Law on Handling of Administrative Violations and the provisions of the decree on the sanctioning of administrative violations.

For exhibits and means of administrative violations that are goods banned from storage or circulation and that do not fall within the above case, it is not necessary to value the exhibits and means of the administrative violation; instead, the case file must be transferred to the person competent to sanction under Clause 2 of this Article.

2. Sanctioning competence where the exhibits or means of an administrative violation are goods banned from storage or circulation shall be determined according to the following principles and order:

a) If the competent person handling the case is the person with the highest sanctioning competence in the field of State management, sanctioning competence remains with that person;

b) If the competent person handling the case is neither the person with the highest sanctioning competence in the field of State management nor the Chairperson of the provincial-level People's Committee, that person must transfer the violation case to the Chairperson of the provincial-level People's Committee of the place where the violation occurred, or to the person with the highest sanctioning competence in that field of State management, for a sanctioning decision to be issued.

3. Competence to decide on the impoundment of exhibits and means of an administrative violation that are goods banned from storage or circulation shall follow Clause 3 Article 125 of the Law on Handling of Administrative Violations.

Article 25. Sanctioning administrative violations committed by minors

1. When sanctioning an administrative violation committed by a minor, where the exact age cannot be determined for the purpose of applying a form of sanction, the person competent to sanction shall choose to apply the form of sanction most favourable to the person in violation.

2. Before deciding to impose a caution on a minor who has committed an administrative violation, the person competent to sanction must consider the conditions for applying the reminder measure prescribed in Article 139 of the Law on Handling of Administrative Violations and Article 26 of this Decree. A decision imposing a caution on a minor shall be issued only where the conditions for applying the reminder measure are not met.

Article 26. The reminder measure

1. The reminder measure is an educational measure applied in substitution for the form of sanction of a caution in respect of a minor who has committed an administrative violation, so that the minor becomes aware of his or her violation.

2. Persons subject to, and conditions for applying, the reminder measure:

a) A minor aged between full 14 years and under 16 years who is sanctioned for an administrative violation, where he or she voluntarily declares and admits the violation and is sincerely remorseful about it;

b) A minor aged between full 16 years and under 18 years who is sanctioned for an administrative violation, where the administrative violation is one for which a caution is prescribed and the minor voluntarily declares and admits the violation and is sincerely remorseful about it.

3. The person competent to sanction shall, on the basis of the conditions prescribed in Clause 2 of this Article, consider and decide on the application of the reminder measure. The reminder shall be given orally, on the spot, and need not be recorded in a written record.

Article 27. Responsibilities of persons competent to sanction administrative violations in the performance of official duties

1. When sanctioning an administrative violation, the competent person must:

a) Hold an order or decision of the competent authority assigning the official duty, wear the uniform, military uniform, service dress or insignia of the sector, or use the inspector's card or the civil servant's card for the performance of specialised inspection duties as prescribed by law;

b) Deal with the matter promptly, in accordance with the nature and seriousness of the violation, and in accordance with the legislation on the sanctioning of administrative violations and the rules, charters and regulations of each sector;

c) Be conscientious and courteous in performing official duties.

2. A person who breaches Clause 1 of this Article, or breaches the provisions on prohibited acts in Article 12 of the Law on Handling of Administrative Violations, or breaches other provisions of law, shall, depending on the nature and seriousness of the breach, be disciplined or face criminal prosecution; if damage is caused, restitution must be made in accordance with the legislation on State compensation liability.

Article 28. Dealing with liability in the implementation of the legislation on the handling of administrative violations

The consideration of, and dealing with, the liability of agencies and competent persons in the implementation of the legislation on the handling of administrative violations shall, depending on the specific case, follow the Government's regulations or the relevant provisions of law.

Chapter IV

STATE MANAGEMENT OF THE IMPLEMENTATION OF THE LEGISLATION ON THE HANDLING OF ADMINISTRATIVE VIOLATIONS

Section 1. CONTENTS OF STATE MANAGEMENT IN THE IMPLEMENTATION OF THE LEGISLATION ON THE HANDLING OF ADMINISTRATIVE VIOLATIONS

Article 29. Developing and perfecting the law, and monitoring the implementation of the legislation on the handling of administrative violations

1. Researching, reviewing, developing and perfecting policies and legislation on the handling of administrative violations.

2. Drafting legal documents on the handling of administrative violations for submission to the competent authority for promulgation, or promulgating them within one's competence.

3. Monitoring the implementation of the legislation on the handling of administrative violations.

4. Conducting interim and final reviews of the implementation of the legislation on the handling of administrative violations in order to perfect the system of legal documents.

Article 30. Disseminating the law and providing guidance, training and professional development on the legislation on the handling of administrative violations

1. Researching and compiling materials for the dissemination of, and training and professional development in, the legislation on the handling of administrative violations.

2. Organising training and professional development for persons engaged in the handling of administrative violations.

3. Organising the dissemination of the legislation on the handling of administrative violations, with contents and in forms appropriate to each specific group.

4. Providing professional guidance on the application of the legislation on the handling of administrative violations.

Article 31. Inspecting the implementation of the legislation on the handling of administrative violations

1. The inspection plans on the implementation of the legislation on the handling of administrative violations of the ministries, ministerial-level agencies, Vietnam Social Security, the Supreme People's Court, the State Audit Office and the provincial-level People's Committees shall be sent to the Ministry of Justice within 10 days from the date of issuance, for monitoring, coordination and implementation.

The Ministry of Justice shall be responsible for taking the lead in monitoring and consolidating the inspection plans of the ministries, ministerial-level agencies, Vietnam Social Security, the Supreme People's Court and the State Audit Office, ensuring the principle of no more than 01 inspection per year of the agencies and units within their scope of management, except for ad hoc inspections.

2. The Ministry of Justice shall, within its duties and powers, be responsible for coordinating with the ministries, ministerial-level agencies, Vietnam Social Security, the Supreme People's Court and the State Audit Office in developing inspection plans and in resolving duplicated or overlapping inspection plans.

3. The Minister of Justice shall inspect the work of implementing the legislation on the handling of administrative violations of the ministries, ministerial-level agencies, Vietnam Social Security, the People's Committees of provinces and centrally-run cities, and the agencies managing persons competent to handle administrative violations.

4. The Minister of Justice shall assist the Government in inspecting the work of implementing the legislation on the handling of administrative violations of the Supreme People's Court and the State Audit Office under Article 17 of the Law on Handling of Administrative Violations.

5. Inspection in the implementation of the legislation on the handling of administrative violations shall be carried out under the Government's regulations on inspection and disciplinary action in the implementation of the legislation on administrative violations.

Article 32. Coordination in inspecting the implementation of the legislation on the handling of administrative violations

1. Coordination in inspecting the implementation of the legislation on the handling of administrative violations between the Ministry of Justice and the relevant agencies at central level, and between the Department of Justice and the specialised agencies of the provincial-level People's Committee, the vertically organised agencies located in the province or centrally-run city, and the district-level People's Committees, shall be carried out where there are petitions or reports from individuals, organisations or the press concerning the application of the legislation on the handling of administrative violations that seriously affects the lawful rights and interests of individuals and organisations.

2. The order and procedure for coordinated inspection shall follow the legislation on inspection.

Article 33. The national database on the handling of administrative violations

1. The national database on the handling of administrative violations shall be built on the basis of integrating electronic data from the databases on the handling of administrative violations of the ministries, ministerial-level agencies, Vietnam Social Security, the State Audit Office, the Supreme People's Court, the People's Committees at all levels and the agencies managing persons competent to handle administrative violations.

2. The national database on the handling of administrative violations must be connected with the national population database and with other specialised databases as prescribed by law.

3. The building, management, exploitation and use of the national database shall follow the regulations of the Government and of the Minister of Justice.

Article 34. Statistics on the handling of administrative violations

1. Statistics on the handling of administrative violations are the basis for assessing the situation, forecasting trends in administrative law violations, and proposing remedial solutions and the perfecting of policies and legislation, in service of State management in the work of implementing the legislation on the handling of administrative violations.

2. Statistical information on the handling of administrative violations shall be collected in accordance with the legislation on statistics.

Article 35. Reporting on the work of implementing the legislation on the handling of administrative violations

1. Reports on the work of implementing the legislation on the handling of administrative violations comprise reports on the sanctioning of administrative violations and reports on the application of administrative handling measures, and shall be made annually.

2. A report on the sanctioning of administrative violations comprises the following contents:

a) General remarks and assessment of the situation of administrative violations and of the sanctioning of administrative violations;

b) The number of violation cases detected and sanctioned; the persons sanctioned; the application of forms of sanction and remedial measures; measures to prevent violations and to secure the sanctioning of administrative violations; the types of violation that are common;

c) Results of enforcing decisions sanctioning administrative violations: the total number of sanctioning decisions; the total amount collected from the sanctioning of administrative violations; the number of permits and practising certificates in respect of which the right of use was deprived for a definite period; the number of cases of suspension of operation for a definite period; the number of sanctioning decisions fully enforced; the number of decisions postponing, reducing or remitting the enforcement of fines; the number of decisions requiring coercive enforcement; the number of decisions complained about or challenged in court;

d) The number of persons in violation who are minors and to whom the reminder measure substituting for the handling of administrative violations was applied;

đ) The number of files showing signs of a criminal offence that were transferred for criminal prosecution;

e) The number of files transferred by agencies competent to conduct criminal proceedings for the sanctioning of administrative violations;

g) Difficulties and problems in implementing the legislation on the sanctioning of administrative violations; petitions and proposals.

3. A report on the application of administrative handling measures comprises the following contents:

a) General remarks and assessment of the situation of applying the measure of education at the commune, ward or township level and of compiling files proposing the application of the administrative handling measures of consignment to a reformatory, consignment to a compulsory education establishment or consignment to a compulsory detoxification establishment; the number of cases complained about or challenged in court;

b) General remarks and assessment of the situation of consideration and decision by the People's Courts on the application of the administrative handling measures of consignment to a reformatory, consignment to a compulsory education establishment or consignment to a compulsory detoxification establishment;

c) The number of persons in respect of whom files were compiled proposing the application of the measure of education at the commune, ward or township level, and the number of persons in respect of whom files were compiled proposing that the Court apply the administrative handling measures of consignment to a reformatory, consignment to a compulsory education establishment or consignment to a compulsory detoxification establishment; the number of persons to whom the measure of education at the commune, ward or township level, consignment to a reformatory, consignment to a compulsory education establishment or consignment to a compulsory detoxification establishment was applied;

d) The number of persons in violation who are minors and to whom the measures substituting for the handling of administrative violations of management at home and community-based education were applied;

đ) Remarks and assessment of the situation of organising the enforcement of decisions applying the measure of education at the commune, ward or township level; the number of decisions suspending enforcement;

e) Remarks and assessment of the situation of organising the enforcement of decisions on consignment to a reformatory and on consignment to a compulsory education establishment; the number of decisions postponing or exempting compliance with the decision;

g) Remarks and assessment of the situation of organising the enforcement of decisions on consignment to a compulsory detoxification establishment; the number of decisions postponing or exempting compliance with the decision;

h) The number of persons currently complying with decisions applying administrative handling measures at compulsory education establishments and reformatories; reductions of the term; suspension of, or exemption from, compliance with the remaining period;

i) The number of persons currently complying with decisions applying administrative handling measures at compulsory detoxification establishments; reductions of the term; suspension of, or exemption from, compliance with the remaining period;

k) Difficulties and problems; proposals and petitions.

4. The cut-off date for reporting data shall follow the Government's regulations on the reporting regime of State administrative agencies.

5. The Minister of Justice shall provide in detail for the regime of reporting on the work of implementing the legislation on the handling of administrative violations.

Section 2. RESPONSIBILITY FOR PERFORMING STATE MANAGEMENT IN THE IMPLEMENTATION OF THE LEGISLATION ON THE HANDLING OF ADMINISTRATIVE VIOLATIONS

Article 36. Responsibilities of the Ministry of Justice

1. Developing and perfecting the legislation on the handling of administrative violations:

a) Proposing to the competent authority the development and perfecting of the legislation on the handling of administrative violations;

b) Drafting and promulgating within its competence, or submitting to the competent authority for promulgation, legal documents on the handling of administrative violations;

c) Taking the lead, in coordination with the Office of the Government, the ministries, ministerial-level agencies and Vietnam Social Security, in drawing up the list of decrees detailing the Law on Handling of Administrative Violations; guiding, inspecting and urging the ministries, ministerial-level agencies and Vietnam Social Security in proposing and carrying out the Programme for the development of those decrees;

d) Requesting the competent authority to consider amending, supplementing and perfecting the legislation on the handling of administrative violations on the basis of the petitions of agencies, organisations and individuals and of practical experience in managing the implementation of the legislation on the handling of administrative violations; taking the lead, in coordination with the Office of the Government and the relevant agencies, in researching and proposing to the Government and the Prime Minister ways of dealing with limitations and shortcomings in the practical application of the legislation on the handling of administrative violations;

đ) Conducting interim and final reviews of the implementation of the legislation on the handling of administrative violations.

2. Monitoring the implementation of the legislation on the handling of administrative violations:

a) Guiding, inspecting and urging the ministries, sectors and localities in implementing the legislation on the handling of administrative violations, and promptly identifying difficulties and problems in order to propose solutions;

b) Giving opinions on the application of the legislation on the handling of administrative violations as assigned by the Government and the Prime Minister.

3. Guiding the implementation of the legislation on the handling of administrative violations within its competence or at the request of ministries, sectors and localities.

4. Guiding the work of disseminating the legislation on the handling of administrative violations; taking the lead, in coordination with the ministries, sectors and localities, in providing guidance, training and professional development in the implementation of the legislation on the handling of administrative violations.

5. Taking the lead, in coordination with the ministries, sectors and localities and the relevant agencies and organisations, in inspecting the work of implementing the legislation on the handling of administrative violations.

6. Petitioning the competent authority to organise an inspection where there are petitions or reports from individuals or organisations concerning the application of the legislation on the handling of administrative violations that seriously affects the lawful rights and interests of individuals and organisations.

7. Building the national database on the handling of administrative violations; guiding the management, exploitation and use of the national database on the handling of administrative violations in accordance with the law.

8. Establishing and maintaining the operation of a web portal to receive reports and petitions and the results of the settlement of administrative violation cases as prescribed.

9. Providing for the reporting regime and the statistical forms for data on the handling of administrative violations, and carrying out reporting and statistics on the handling of administrative violations.

10. Preparing and submitting to the competent authority the report on the work of implementing the legislation on the handling of administrative violations.

Article 37. Responsibilities of the ministries, ministerial-level agencies, Vietnam Social Security, the Supreme People's Court and the State Audit Office

1. Responsibilities of the ministries, ministerial-level agencies and Vietnam Social Security:

a) Performing the tasks of developing and perfecting the legislation on the handling of administrative violations within their competence;

b) Performing the tasks of reporting on the work of implementing the legislation on the handling of administrative violations within their competence;

c) Performing the tasks of compiling statistics on the handling of administrative violations within their competence;

d) Coordinating in building the database on the handling of administrative violations; directing agencies and units to supply information in service of the building of the database on the handling of administrative violations and its integration into the national database on the handling of administrative violations at the Ministry of Justice;

đ) Carrying out inspection and examination of the situation of implementing the legislation on the handling of administrative violations in the fields under their management;

e) Performing the tasks of disseminating the legislation on the handling of administrative violations and of providing training and professional development in its application within the scope of management of the ministry, ministerial-level agency or Vietnam Social Security;

g) Building physical facilities, consolidating the organisational structure and allocating resources for implementing the legislation on the handling of administrative violations.

2. Responsibilities of the ministries, ministerial-level agencies and Vietnam Social Security in reporting on the work of implementing the legislation on the handling of administrative violations:

a) Reporting on the situation of sanctioning administrative violations with the contents prescribed in Clause 2 Article 35 of this Decree.

Vietnam Social Security and the ministries and ministerial-level agencies that are vertically organised and located in provinces and centrally-run cities shall consolidate the data of their subordinate units as well and send them to the Ministry of Justice;

b) The Ministry of Labour, War Invalids and Social Affairs shall report on the situation of applying the measure of consignment to a compulsory detoxification establishment with the contents prescribed in Points a, c, g, i and k Clause 3 Article 35 of this Decree;

c) The Ministry of Public Security shall report on the situation of applying the measures of education at the commune, ward or township level, consignment to a reformatory and consignment to a compulsory education establishment with the contents prescribed in Points a, c, d, đ, e, h and k Clause 3 Article 35 of this Decree;

d) Reports on the work of implementing the legislation on the handling of administrative violations shall be sent to the Ministry of Justice within the time limits set out in the Minister of Justice's regulations on the regime of reporting on the work of implementing the legislation on the handling of administrative violations.

3. The Supreme People's Court shall perform the tasks prescribed in Clause 4 Article 17 of the Law on Handling of Administrative Violations and shall annually send to the Ministry of Justice a report on the situation of sanctioning administrative violations with the contents prescribed in Clause 2 Article 35 of this Decree, and a report on the situation of applying administrative handling measures with the contents prescribed in Points b, c, d, e, g, h, i and k Clause 3 Article 35 of this Decree.

4. The State Audit Office shall perform the tasks prescribed in Clause 4 Article 17 of the Law on Handling of Administrative Violations and shall annually send to the Ministry of Justice a report on the situation of sanctioning administrative violations with the contents prescribed in Clause 2 Article 35 of this Decree.

5. The legal affairs bodies of the ministries, ministerial-level agencies and Vietnam Social Security shall take the lead in assisting the Minister, the Head of the ministerial-level agency and the General Director of Vietnam Social Security in managing the work of implementing the legislation on the handling of administrative violations in the fields under their management; and shall perform the tasks prescribed in Clauses 1 and 2 of this Article and other tasks as assigned.

Article 38. Responsibilities of the Ministry of Finance

1. Performing the tasks prescribed in Clauses 1, 2 and 5 Article 37 of this Decree.

2. Taking the lead, in coordination with the Ministry of Justice, in providing guidance on and ensuring funding for the work of State management of the implementation of the legislation on the handling of administrative violations and for organising the implementation of that legislation in accordance with the Law on the State Budget.

Article 39. Responsibilities of the People's Committees at all levels

1. Where, in the course of implementing the legislation on the handling of administrative violations, the People's Committees at all levels find that provisions on the handling of administrative violations are unworkable, inconsistent with practice, or overlapping or contradictory, they shall petition the drafting agency or the Ministry of Justice for consideration and resolution.

2. Responsibilities of the People's Committees at all levels in reporting on the work of implementing the legislation on the handling of administrative violations:

a) The Chairperson of the commune-level People's Committee shall report on the work of implementing the legislation on the handling of administrative violations in the fields under the management of the locality to the district-level People's Committee within the time limit set out in the Minister of Justice's regulations on the regime of reporting on the work of implementing the legislation on the handling of administrative violations.

The Justice Division shall advise and assist the Chairperson of the district-level People's Committee in reporting on the work of implementing the legislation on the handling of administrative violations in the locality;

b) The heads of the specialised agencies of the provincial-level People's Committee, of the vertically organised agencies located in the province or centrally-run city, and the district-level People's Committees shall report on the work of implementing the legislation on the handling of administrative violations in the fields under their management to the Department of Justice, which shall consolidate them and report to the provincial-level People's Committee within the time limit set out in the Minister of Justice's regulations on the regime of reporting on the work of implementing the legislation on the handling of administrative violations.

The Department of Justice shall advise and assist the Chairperson of the provincial-level People's Committee in reporting on the work of implementing the legislation on the handling of administrative violations in the locality;

c) The Chairperson of the provincial-level People's Committee shall report on the work of implementing the legislation on the handling of administrative violations in the fields under the management of the locality and shall send the report to the Ministry of Justice within the time limit set out in the Minister of Justice's regulations on the regime of reporting on the work of implementing the legislation on the handling of administrative violations.

As regards the data on the handling of administrative violations of the vertically organised agencies located in the province or centrally-run city, which serve the monitoring of the situation of handling administrative violations in the locality, the Chairperson of the provincial-level People's Committee shall not consolidate them into the report on the work of implementing the legislation on the handling of administrative violations sent to the Ministry of Justice;

d) The Chairpersons of the People's Committees at all levels shall, within their competence, report on the contents prescribed in Clause 2 and in Points a, c, d, đ and k Clause 3 Article 35 of this Decree.

3. Performing the tasks of compiling statistics on the handling of administrative violations within the scope of management of the locality.

4. The provincial-level People's Committee shall be responsible for building the database on the handling of administrative violations within the locality, and for directing the departments, boards and sectors to supply information in service of the building of that database.

The Department of Justice shall assist the provincial-level People's Committee in building the database on the handling of administrative violations and integrating it into the national database on the handling of administrative violations at the Ministry of Justice.

5. Carrying out inspection of the situation of implementing the legislation on the handling of administrative violations.

6. Organising inspections at the petition of the Department of Justice, or where there are reports or petitions from individuals, organisations or the press concerning the application of the legislation on the handling of administrative violations that seriously affects the lawful rights and interests of individuals and organisations in the locality, in the case prescribed in Article 32 of this Decree.

7. Performing the tasks of disseminating the legislation on the handling of administrative violations and of providing training and professional development in its application within the scope of management of the locality.

8. Directing the building of physical facilities, the consolidation of the organisational structure and the allocation of resources for implementing the legislation on the handling of administrative violations.

9. The Department of Justice shall take the lead in advising and assisting the provincial-level People's Committee in managing the work of implementing the legislation on the handling of administrative violations in the locality.

Chapter V

IMPLEMENTATION PROVISIONS

Article 40. Funding for organising the implementation of the legislation on the handling of administrative violations

1. The funding for the work of State management of the implementation of the legislation on the handling of administrative violations and for organising the implementation of that legislation shall be ensured by the State budget and shall be allocated in the State budget estimates of the agencies and units concerned in accordance with the Law on the State Budget.

2. Central agencies and local agencies and units shall prepare the estimates of funding for organising the implementation of the legislation on the handling of administrative violations at the same time as they prepare the annual budget estimates, and shall send them to the finance agency of the same level for consolidation and submission to the competent level for consideration and decision.

Article 41. Forms used in the handling of administrative violations

1. The Appendix on the forms of records and the forms of decisions to be used in the sanctioning of administrative violations is issued together with this Decree.

2. The forms used in applying administrative handling measures are issued together with the Decrees providing in detail for the regime of applying administrative handling measures.

3. Where necessary to meet the requirements of State management, Ministers and Heads of ministerial-level agencies may issue forms other than those prescribed in Clauses 1 and 2 of this Article for use in their sector or field, after obtaining the written consent of the Minister of Justice.

4. The forms used in the handling of administrative violations shall be stored on paper and in electronic form. Competent agencies and persons may use pre-printed forms or print the forms themselves, and shall manage them and be responsible for them in accordance with the law.

5. Agencies competent to handle administrative violations shall be responsible for the accuracy and completeness of the printing, issuance, management and use of the forms issued under Clauses 1, 2 and 3 of this Article.

Article 42. Effect

1. This Decree takes effect from 01 January 2022.

2. The provisions of Point a Clause 1 and Clauses 2 and 4 Article 15 of this Decree take effect in respect of decisions in the sanctioning of administrative violations issued from 01 January 2021.

3. This Decree replaces the Government's Decree No. 81/2013/NĐ-CP of 19 July 2013 detailing a number of articles of, and measures implementing, the Law on Handling of Administrative Violations, and the Government's Decree No. 97/2017/NĐ-CP of 18 August 2017 amending and supplementing a number of articles of Decree No. 81/2013/NĐ-CP of 19 July 2013 detailing a number of articles of, and measures implementing, the Law on Handling of Administrative Violations.

Article 43. Responsibility for implementation

Ministers, Heads of ministerial-level agencies, Heads of Government-attached agencies, Chairpersons of the People's Committees of provinces and centrally-run cities and the agencies concerned shall be responsible for implementing this Decree./.

APPENDIX

CERTAIN FORMS USED IN THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS (Issued together with the Government's Decree No. 118/2021/NĐ-CP of 23 December 2021)