THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
No. 09/2014/UBTVQH13
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Hanoi, January 01, 2014
 
Ordinance
On the Order of, and Procedures for, Considering and
Deciding on the Application of Administrative-Handling Measures at People’s Courts
Pursuant to the Constitution of the Socialist Republic of Vietnam;
Pursuant to Law No. 5/2012/QH13 on Handling of Administrative Violations;
The National Assembly Standing Committee promulgates the Ordinance on order of, and procedures for, considering and deciding on the application of administrative-handling measures at People’s Courts,
Chapter I
GENERAL PROVISIONS

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Article 1. Scope of regulation
This Ordinance prescribes the order of, and procedures for, considering and deciding on the application of administrative-handing measures of sending to reformatories, compulsory education establishments or compulsory detoxication establishments, at People’s Courts (below referred collectively to as administrative-handling measures); the order of, and procedures for, considering and deciding on postponement of or exemption from serving, term reduction, suspension or exemption from serving the remaining duration of application of, administrative-handling measures; complaints, petitions, protests; settlement of complaints, petitions and protests in the application of administrative-handling measures.
Article 2. Principles of considering and deciding on the application of administrative-handling measures
1. The consideration of, and decision on, application of administrative-handling measures must comply with Clause 2 of Article 3 and Clause 2 of Article 5 of the Law on Handling of Administrative Violations; the consideration of, and decision on, application of administrative-handling measures to minors must also comply with Clauses 1, 2 and 4 of Article 134 of the Law on Handling of Administrative Violations.
2. The consideration of, and decision on, application of administrative-handling measures shall be implemented by a single judge.
3. When considering and deciding on application of administrative-handling measures, judges are independent and only abide by law.
4. To ensure the impartiality of persons conducting sessions.
5. The spoken and written language used in the consideration of, and decision on, application of administrative-handling measures at courts is Vietnamese.

 

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