Administrative liabilities

1. What is administrative liability ?

Administrative liability is the legal responsibility of a violating organization or individual before
the State. Individuals and organizations commit administrative violations that infringe upon the
state management order and only the State has the right to impose sanctions on those
subjects.
2. Characteristics of administrative liability :
- Is a form of liability applied to individuals and organizations that commit administrative
violations in the fields of state management.
- Competent authority that apply administrative responsibility are mainly state administrative
agencies and officials or employees of such agencies.
- The prosecution of administrative liability is carried out based on the provisions of
administrative law and according to administrative procedures
3. Types of administrative penalties include:
- Warning;
- Monetary fine;
- Deprivation of the right to use licenses or practice certificates for a definite time or suspension
of operations for a definite time;
- Confiscation of material evidence of administrative violations and means used to commit
administrative violations;
- Expulsion.
In which, warning and fine are considered as the main form of fine. Other penalties can be
specified as main or additional penalties in decrees sanctioning administrative violations in the
fields of state management.
3.1 Remedial measures caused by administrative violations:
For each administrative violation, in addition to the application of a sanction, individuals or
organizations that commit administrative violations may be subject to the application of one or
more remedial measures in Clause 1, Article 28 of the 2012 Law on Handling of Administrative
Violations. These are the following measures:
- Forced restoration to the original state;
- Forcible dismantling of works or parts of works built without permits or constructed in
contravention of permits;
- Forced to take measures to overcome environmental pollution, disease spread, etc.
3.3 Other administrative handling measures :
Other administrative handling measures are only applied to individuals who are Vietnamese
citizens who violate the law on security, social order and safety but are not serious enough to
be examined for penal liability. Apply these measures to educate violators' sense of law
observance; educate and create conditions for violators to become honest citizens, useful to
society and prevent their recidivism. Other administrative handling measures include:
- Education in communes, wards, towns
- Put in reform school
- Taken to a medical facility
4. Procedures for sanctioning administrative violations
There are two types of administrative sanctioning procedures:
- Sanctioning administrative violations without making a record is applied in the case of
sanctioning warnings or fines below 250,000 VND (for individuals) and 500,000 VND (for
organizations)—the person with sanctioning competence shall issue a sanctioning
decision on the spot without making a record.

- In case of being fined VND 250,000 (for individuals) or VND 500,000 (for organizations)
or more, competent agencies must carry out sanctioning procedures as follows:
 Make a record of administrative violations, signed by the maker and the violator. If
there are any victims or witnesses, they must sign the minutes.If both refuse to sign, the
reason must be clearly stated in the minutes.
 The sanctioning minutes will have 2 copies: one for the person making the record and
one for the organization or individual. If the violation exceeds the record maker's
sanctioning power, the record must be sent to a higher competent authority.
 After making a record of the violation, the competent person should identify specific
circumstances that related to the incident to consider and make a decision.

5. Subjects sanctioned for administrative violations:

- Persons from full 14 years old to under 16 years old will be administratively sanctioned for

intentional administrative violations; persons aged full 16 years or older shall be administratively

sanctioned for all administrative violations.

-Persons in the People's Army and People's Public Security Forces who commit administrative

violations shall be handled like other citizens; In case it is necessary to apply the penalty of

deprivation of the right to use licenses, practice certificates or suspension of activities related to

national defense and security for a definite time, the People's Army or the People's Public

Security will have the authority to sanction.

- Organizations are administratively sanctioned for all administrative violations.

- Foreign individuals and organizations commit administrative violations within the territory,

contiguous zone, exclusive economic zone and continental shelf of the Socialist Republic of

Vietnam; On board aircraft bearing Vietnamese nationality or seagoing ships flying the

Vietnamese flag, they shall be administratively sanctioned in accordance with Vietnamese law,

except in the case of an international treaty to which the Socialist Republic of Vietnam is a

member.