Ordinance on Handling of Violations

ORDINANCE ON HANDLING OF ADMINISTRATIVE VIOLATIONS

(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.

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...