ADMINISTRATIVE LAW

LLM. Bui Doan Danh Thao

1
Objectives

• What is administrative law?

1

• What are administrative law violations?

2

• How does the state handle administrative

law violations?
3
2
1. What is administrative law?

Administrative law is a branch of law in the

Vietnamese legal system consisting of legal norms
which govern social relations arising in the state
administrative management activities.

3
What does administrative law govern?
Social relations arising in the state administrative management
activities (administrative relations) including:
1. Relations relating to execution and management of state
administrative organs
Government Ministry of education
Ex: and training
IU
People
People’s committee HCM city Departments of
of HCM city education and training
2. Relations relating to internal organisation of state organs
Ex:
Chief of the The division of Human resources
supreme court
Judges of the supreme courts
3. Relations relating to exercising state administrative management
activities of authorised individuals and organisations
Ex: The judge who is the chairman of a trial - People who has disruptive
acts 4
What administrative management activities are
included in administrative law?

Establish, improve Supervise, inspect

working regime, implementation of
complete working law of individuals and
relations of state organs organisations

Manage state and local

economy, culture – Handle with
society, national violations in
defend, political administrative
security and safety, and management area
social orders
5
Summary:
Basic features of administrative relations
One side of the relations must be organisations and
individuals having state power

Command-obedience relations

Arising in executive and management activities of

state organs based upon requests of state organs,
individuals or organisations

State administrative organs is the main subject of

the relations

Violators will be liable for their breach

6
Who will be influenced by administrative
law?

State administrative organs Other state organs

Individuals and organisations Individuals and

authorised to perform state organisations
administrative management
activities in specific cases 7
Objectives

• What is administrative law?

1

• What are administrative law violations?

2

• How does the state handle administrative

law violations?
3
8
2. What are administrative violations?
(Article 2.1 of the law on handling of administrative violations 2012)

Administrative violation is a faulty act performed

by an individual or organisation which violates
administrative law but does not constitute a
crime, and administrative sanctions will be
imposed for.
Ex:

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Features of administrative violations
• Unlawful act infringing administrative
Nature management orders of state organs
• Not a crime

• Individuals or organisations having

Subject
administrative liability capacity

The will of • Intention

subjects • Unintention
(Fault)

Consequence • Administrative sanctions will be imposed

s for the violation
10
Objectives

• What is administrative law?

1

• What are administrative law violations?

2

• How does the state handle with

administrative law violations?
3
11
Forms of handling administrative
violations

Sanction Apply
administrative violations Administrative handling
measures

12
What is sanctioning of an administrative
violation? (Article 2.2, the law on handling of administrative violations
2012)

Sanctioning of an administrative violation including

imposing sanctions and applying remedial measures to an
administrative violator by authorities

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Features of sanctioning of an administrative
violation
Forms of
Who will the sanctioning of
Who can apply sanctioning be an
imposed on administrative
violation

Impose
sanctions
Person
authorised Administrative
sanctioning violators
competence Apply
remedial
measures

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Principles of sanctioning administrative
violations (Article 3, the law on handling of administrative violations
2012)
1. Must consider the nature, seriousness and consequences of the violations,
violators, and extenuating (the article 9) and aggravating (the article 10)
circumstances in applying the sanctions.
2. Only applying the sanctions when administrative violations are prescribed by
law.
3. Only apply the sanctions once for one violation
4. If there is a group of people jointly violating the law, each of them will be
imposed the sanction.
5. If one person makes variety violations, he/she will be imposed the sanctions
for each violation
6. Authorities must prove the violations
7. Institutional violators will be imposes double fines in comparison with
individual violators for the same violation.
8. …….. 15
Cases not subject to administrative sanctioning
(Article 11, the law on handling of administrative violations 2012)

Commit the violation Commit the violation Commit the violation

in emergency due to an unexpected for the legitimate
circumstances event defence purpose

The violators have no

Commit the violation administrative
due to force majeure liability capacity or
events has not attained the
age to be sanctioned

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Emergency circumstances
(Article 2.11, the law on handling of administrative violations 2012)

An emergency is a circumstance in which an individual or

organization chooses to cause damage smaller than the
damage to be prevented in order to avoid a practical
threat to the interests of the State or another organization,
his/her/its own or another party’s legitimate interests.

• Ex: a man drove into a car forbidden road because he

needed to take his wife to hospital for labor while the road
had a traffic jam 17
Cases not subject to administrative sanctioning
(Article 11, the law on handling of administrative violations 2012)

Commit the violation Commit the violation Commit the violation

in emergency due to an unexpected for the legitimate
circumstances event defence purpose

The violators has no

Commit the violation administrative
due to force majeure liability capacity or
events has not attained the
age to be sanctioned

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Unexpected events
(Article 2.13, the law on handling of administrative violations 2012)

An unexpected event is an event in which an

individual or organization cannot foresee or is
not obliged to foresee consequences of
his/her/its acts which are dangerous to society

• Ex: a man drove his car into the walking lane to avoid a car
that had lost control while driving down hill.

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Cases not subject to administrative sanctioning
(Article 11, the law on handling of administrative violations 2012)

Commit the violation Commit the violation Commit the violation

in emergency due to an unexpected for the legitimate
circumstances event defence purpose

The violators has no

Commit the violation administrative
due to force majeure liability capacity or
events has not attained the
age to be sanctioned

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Legitimate defence
(Article 2.12, the law on handling of administrative violations 2012)

Legitimate defence is an act of an individual who fights in a

necessary manner against a person who is committing an
act of infringment upon such rights and interests in order to
protect the interests of the State or an organization, his/her
own or another person’s rights and legitimate interests.

• Ex: a man fights against a person who is beating him

21
Cases not subject to administrative sanctioning
(Article 11, the law on handling of administrative violations 2012)

Commit the violation Commit the violation Commit the violation

in emergency due to an unexpected for the legitimate
circumstances event defence purpose

The violators have no

Commit the violation administrative
due to force majeure liability capacity or
events have not attained the
age to be sanctioned

22
Force majeure events
(Article 2.14, the law on handling of administrative violations 2012)

A force majeure event is an event which occurs objectively

and is unforeseeable and irresistible despite the exercise of
all necessary measures and capabilities.

• Ex: a man drove a car without lights at 1 am because his

lights burnt out when he was on the way home
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Cases not subject to administrative sanctioning
(Article 11, the law on handling of administrative violations 2012)

Commit the violation Commit the violation Commit the violation

in emergency due to an unexpected for the legitimate
circumstances event defence purpose

The violators have no

Commit the violation administrative
due to force majeure liability capacity or
events have not attained the
age to be sanctioned

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How many forms of administrative
sanctions are there? (Article 21, the law on handling of
administrative violations 2012)

Caution Fine Deprive the right to

use licenses or
practice certificate

Confiscate material evidences or means Expulse

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used for administrative violations
Principles of applying administrative sanctions
(Article 21.3, the law on handling of administrative violations 2012)

One Additional
One or several
violation will sanctions are
additional
have applied only applied
sanctions can
only one together with
be applied for
principal principal
one violation
sanction sanction

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How many forms of remedial measures
are there? (Article 28, the law on handling of administrative violations
2012)

Dismantle violating Restore the Destroy harmful

construction works original state goods and articles

Refund illicit Recall poor Other remedial

profits quality products measures
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or goods
Who will be sanctioned for their
administrative violations? (Article 5, the law on handling of
administrative violations 2012)

Individuals

Organisations
From full 14 to From full 16
under 16 years years old and
old above

Applying intentional
All violations
cases violations

Note:
Individuals from full 14 to under 16 years old will not be subject to fine
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Time limit for sanctioning administrative
violations (Article 6, the law on handling of administrative violations 2012)

Sanctioning administrative violations

1 year
Except cases listed in the article 6.1

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Forms of handling of administrative
violations

Sanction Apply
administrative sanctions Administrative handling
measures

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What are administrative handling measures?
(Article 3, the law on handling of administrative violations 2012)

Administrative handling measures are measures, applied to

individuals who violate the law on security, order, and social
safety but does not constitute a crime, including:
1. Education in commune, ward or town
2. Sending to reformatory
3. Sending to compulsory educational institutions
4. Sending to compulsory detoxification centres

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Features of administrative handling
measures
Forms of
Who will the
administrative
Who can apply measures be
handling
imposed on
measures
Education in
commune, ward or
town
Individuals
violating the law Send to reformatory
Authority on security, order
and social safety – Send to compulsory
not a crime educational
institutions
Send to compulsory
detoxification centres
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Principles of applying administrative
handling measures (Article 3, the law on handling of
administrative violations 2012)

1. Only apply for individuals violating legal regulations on

security, order and social safety but not constituting a crime.

2. Must consider the nature, seriousness and consequences of

the violations, personal background of violators, and
extenuating (the article 9) and aggravating (the article 10)
circumstances in applying the measures.

3. Authorities must prove the violations

4. ………….

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How many forms of administrative
handling measures are there? (Article 89, 91, 93 and
95, the law on handling of administrative violations 2012)

Education in
Send to
commune,
reformatory
ward or town

Send to Send to
compulsory compulsory
education detoxification
institutions centres

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Who will administrative handling measures be
imposed on? (Article 5.2, the law on handling of administrative violations 2012)
Education in Send to compulsory
Send to Send to compulsory
commune, education
reformatory detoxification centres
ward or town institutions

Vietnamese individuals

Woman: From full

Who From full 12 From full 12 18 to full 55 years
years old and to under 18 old. From full 18 years old
above years old Man: From full 18
to full 60 years old.

Individuals who have mental problems or unable to cognise

Exceptions N/A Pregnant women

Women or persons who are alone, nursing under 36 month

infants
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How long will administrative handling
measured be applied for? (Article 89, 91, 93 and 95, the
law on handling of administrative violations 2012)

Education in
commune, ward or 3 – 6 months
town

Send to reformatory 6 – 24 months

Send to compulsory
educational 6 - 24 months
institutions
Send to compulsory
detoxification 12 – 24 months
centres
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Time limit for applying administrative
handling measures
(Article 6, the law on handling of administrative violations 2012)

Apply administrative handling measures

Education in commune,
03 – 12 months
ward or town

Send to reformatory 06 – 12 months

Send to compulsory
1 year
education institutions

Send to compulsory
03 months
detoxification centres
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The end

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