Decree No. 81/2013/ND-CP of July 19, 2013, detailing a number of articles of and measures to implement the Law on Handling of Administrative Violations

 THE GOVERNMENT

Decree No. 81/2013/ND-CP of July 19, 2013, detailing a number of articles of and measures to implement the Law on Handling of Administrative Violations

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 20, 2012 Law on Handling of Administrative Violations;

At the proposal of the Minister of Justice,

The Government promulgates the Decree to detail a number of articles of and measures to implement the Law on Handling of Administrative Violations.

Chapter I

DETAILED PROVISIONS ON SANCTIONING OF ADMINISTRATIVE VIOLATIONS AND APPLICATION OF ADMINISTRATIVE HANDLING MEASURES

Article 1. Entities subject to sanctioning of administrative violations

To be sanctioned for administrative violations are individuals and organizations specified in Clause 1, Article 5 of the Law on Handling of Administrative Violations.

In case a cadre, civil servant or public employee commits an act of violation while performing his/her public duty or task and his/her act is involved in his/her assigned public duty or task, he/she will not be sanctioned in accordance with the law on handling of administrative violations but will be handled in accordance with the laws on cadres, civil servants and public employees.

A state agency that commits an act of violation involved in its assigned task of state management will not be sanctioned in accordance with the law on handling of administrative violations but will be handled in accordance with relevant laws.

Article 2. Provisions on administrative violations, sanctions, sanctioning levels and remedial measures in decrees on sanctioning of administrative violations in the fields of state management

1. Provisions on administrative violations must satisfy the following requirements:

a/ Dealing with violations of regulations on law-prescribed obligations, responsibilities and prohibitions regarding the administrative management order in the fields of state management;

b/ Satisfying the requirements of assurance of state administrative management order;

c/ Clearly and specifically describing administrative violations so as to enable their identification and sanctioning in practice.

2. Provisions on sanctions and sanctioning levels for each administrative violation must be based on the following factors:

a/ The nature and degree of infringing upon the state administrative management order of violations. For violations that are simple and not serious, the sanction of caution must be applied;

b/ The average income level and living standards of people in each period of national socio-economic development;

c/ The educational or deterrent effect and reasonability and feasibility of the application of sanctions and sanctioning levels.

3. Provisions on remedial measures for each administrative violation must meet the following requirements:

a/ The administrative violation causes consequences or is likely to cause consequences;

b/ Remedial measures satisfy the requirement of restoration of state administrative management order affected by the administrative violation;

c/ Remedial measures must be clearly and specifically described so as to be feasible and practical.

4. Provisions on the fine frame for each administrative violation must be specific and the difference between the minimum fine and maximum fine of the frame is not too great. Fine levels in an article must be arranged ascendingly.

5. Administrative violations must be specified in decrees on sanctioning of administrative violations in the fields of state management relevant and suitable to the nature of such violations. An administrative violation in a certain field that has a special characteristic may be specified for sanctioning in a decree on sanctioning of administrative violations in another field. In this case, sanctions and sanctioning levels for such violation must be consistent with those of the decree on sanctioning of administrative violations in the relevant field of state management.