The Law on handling administrative violations of Vietnam (Luật xử lý vi phạm hành chính, bản tiếng Anh)
Một số thuật ngữ:
- Vi phạm hành chính: Administrative violation
- Xử phạt vi phạm hành chính: Sanctioning of an administrative violation
- Xử lý vi phạm hành chính: administrative violation handling
- Biên bản vi phạm hành chính: the written record of the administrative violation
- Quyết định xử phạt vi phạm hành chính: administrative sanctioning decision
THE NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIET NAM
Law No.: 15/2012/QH13 Independence - Freedom - Happiness
Hanoi, June 20, 2012
LAW
ON HANDLING ADMINISTRATIVE VIOLATIONS
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam which was amended and supplemented under the Resolution No.51/2001/QH10;
The National Assembly promulgates the Law on handling administrative violations
The first part
GENERAL PROVISIONS
Article 1. Scope of adjustment
This Law stipulates the administrative sanctions and administrative handling measures.
Article 2. Explanation of terms
In this Law, the terms below are construed as follows:
1. Administrative violation (vi phạm hành chính) is a faulty act which is committed by an individual or organization in violation of the state management law but does not constitute a crime and, therefore, must be administratively sanctioned in accordance with law.
2. Sanctioning of an administrative violation (xử phạt vi phạm hành chính) means that a person with sanctioning competence imposes a sanction(s) on and applies a remedial measure(s) to an administrative violator in accordance with the law on sanctioning of administrative violations.
3. Administrative handling measure is a measure applicable to an individual who commit a violation of the law on security, order and social safety which does not constitute a crime. These measures include education in commune, ward or township; consignment to reformatory; consignment to compulsory education institution, and consignment to compulsory detoxification establishment.
4. Measure in substitution for administrative violation handling is an educational measure to be applied in substitution for an administrative sanction or administrative handling measure against juvenile administrative violators. These measures include admonition and management at home.
5. Recidivism means that an individual or organization that has been handled for an administrative violation and after completely executing the sanctioning decision or decision on application of an administrative handling measure or after the statute of limitations for execution of such decision expires, re-commit the same violation, while the duration upon the expiration of which he/she/it will be regarded as having never been administratively handled has not expired.
6. Repeated administrative violation means a case in which an individual or organization repeats an administrative violation which he/she/it has previously committed without having been handled while the statute of limitations for handling such violation has not expired.
7. Organized administrative violation means that an individual or organization colludes with another individual or organization to jointly commit an administrative violation.
8. License or practice certificate is a paper granted by a competent state agency or person to an individual or organization in accordance with law so that the latter can do business, operate, practice a profession or use a tool or means. Licenses and practice certificates do not include business registration certificates and certificates linked with the personal backgrounds of holders not for the purpose of practice licensing.
9. Place of residence is a home, facility or another house used by a citizen for his/her residence. Places of residence may be owned by citizens, or leased or lent by agencies, organizations or individuals to citizens or allowed to be used by citizens for residence.
10. Organization is a state agency, political organization, socio-political organization, socio-politico-professional organization, social organization, socio-professional organization, economic organization, people’s armed forces unit or another organization which is established in accordance with law.
11. Emergency is a circumstance in which an individual or organization that, for the purpose of warding off a practical threat to the interests of the State or another organization, his/her/its own or another party’s legitimate interests, has no choice but to cause a damage smaller than the damage to be prevented.
12. Legitimate defense is an act of an individual who, for the purpose of protecting the interests of the State or an organization, his/her own or another person’s rights and legitimate interests, fights in a necessary manner against a person who is committing an act of infringing upon such rights and interests.
13. Unexpected event is an event in which an individual or organization cannot foresee or is not obliged to foresee consequences of his/her/its act which is dangerous to the society.
14. Force majeure event is an event which occurs objectively and is unforeseeable and irresistible despite the exercise of all necessary measures and capabilities.
15. Person having no administrative liability capacity is a person who commits an administrative violation while suffering mental illness or another disease which deprives him/her of the ability to perceive or control his/her acts.
16. Drug addict is a habitual user of a narcotic, habit-forming or psychotropic drug who is dependent on such drug.
17. Lawful representatives include parents or guardian, lawyer and legal aid provider.
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- TẢI VỀ LUẬT XỬ LÝ VI PHẠM HÀNH CHÍNH (Bản song ngữ Việt - Anh)
- Tải về Luật xử lý vi phạm hành chính - Law on handling administrative violations (Bản tiếng Anh)
