| THE NATIONAL ASSEMBLY ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ------------ |
| No: 44/2002/PL-UBTVQH10 | Hanoi, July 02, 2002 |
ORDINANCE
ON HANDLING OF ADMINISTRATIVE VIOLATIONS
(No. 44/2002/PL-UBTVQH10 of July 2, 2002)
(No. 44/2002/PL-UBTVQH10 of July 2, 2002)
In order to prevent and combat administrative violations, contributing to maintaining security, social order and safety, protecting the interests of the State as well as the legitimate rights and interests of individuals and organizations, enhancing the socialist legislation and raising the State management effectiveness;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly, the 10th session;
Pursuant to the Resolution of the Xth National Assembly, 10th session, on the 2002 law- and ordinance-making program;
This Ordinance prescribes the handling of administrative violations.
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly, the 10th session;
Pursuant to the Resolution of the Xth National Assembly, 10th session, on the 2002 law- and ordinance-making program;
This Ordinance prescribes the handling of administrative violations.
Chapter I
GENERAL PROVISIONS
Article 1.- Handling of administrative violations
1. Handling of administrative violations shall include the administrative sanctions and other administrative handling measures.
2. The administrative sanctions shall apply to individuals, agencies and organizations (hereinafter referred collectively to as individuals and organizations), that intentionally or unintentionally commit acts of violating law provisions on State management, which, however, do not constitute crimes and, as required by law, must be administratively sanctioned.
3. Other administrative handling measures shall apply to individuals who commit acts of violating the legislation on security, social order and safety but not to the extent of being examined for penal liability as prescribed in Articles 23, 24, 25, 26 and 27 of this Ordinance.
Article 2.- Competence to prescribe acts of administrative violation and the regime of application of other administrative handling measures
The Government shall prescribe acts of administrative violation, sanctioning forms, consequence-overcoming measures applicable to each act of administrative violation in the field of State management; prescribe the regime of application of measure of education at communes, wards, district towns, sending to reformatories, education establishments or medical treatment establishments, and placing under administrative probation.
Article 3.- Principles for handling administrative violations
1. All administrative violations must be detected in time and stopped immediately. The handling of administrative violations must be effected swiftly, fairly and absolutely; all consequences caused by administrative violations must be overcome strictly according to law provisions.
2. Individuals and organizations shall be administratively sanctioned only when they commit administrative violations prescribed by law.
Individuals shall be subject to the application of other administrative handling measures only if they belong to one of the subjects prescribed in Articles 23, 24, 25, 26 and 27 of this Ordinance.
3. The handling of administrative violations must be effected by competent persons strictly according to law provisions.
4. An act of administrative violation shall be administratively sanctioned only once.
If many persons commit the same act of administrative violation, each of the violators shall be sanctioned.
