Luật xử lý, xử phạt vi phạm hành chính tiếng Anh; các khái niệm vi phạm, xử phạt, xử lý vi phạm hành chính, biên bản VPHC bằng tiếng Anh.
The Law on handling administrative violations of Vietnam (Luật xử lý vi phạm hành chính, bản tiếng Anh)
Một số thuật ngữ:
- Vi phạm hành chính: Administrative violation
- Xử phạt vi phạm hành chính: Sanctioning of an administrative violation
- Xử lý vi phạm hành chính: administrative violation handling
- Biên bản vi phạm hành chính: the written record of the administrative violation
- Quyết định xử phạt vi phạm hành chính: administrative sanctioning decision
THE NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIET NAM
Law No.: 15/2012/QH13 Independence - Freedom - Happiness
Hanoi, June 20, 2012
LAW
ON HANDLING ADMINISTRATIVE VIOLATIONS
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam which was amended and supplemented under the Resolution No.51/2001/QH10;
The National Assembly promulgates the Law on handling administrative violations
The first part
GENERAL PROVISIONS
Article 1. Scope of adjustment
This Law stipulates the administrative sanctions and administrative handling measures.
Article 2. Explanation of terms
In this Law, the terms below are construed as follows:
1. Administrative
violation (vi phạm hành chính) is a faulty act which is committed by an individual or
organization in violation of the state management law but does not constitute a
crime and, therefore, must be administratively sanctioned in accordance with
law.
2. Sanctioning
of an administrative violation (xử phạt vi phạm hành chính) means that a person with sanctioning
competence imposes a sanction(s) on and applies a remedial measure(s) to an
administrative violator in accordance with the law on sanctioning of
administrative violations.
3. Administrative
handling measure is a measure applicable to an individual who commit a
violation of the law on security, order and social safety which does not
constitute a crime. These measures include education in commune, ward or
township; consignment to reformatory; consignment to compulsory education
institution, and consignment to compulsory detoxification establishment.
4. Measure
in substitution for administrative violation handling is an educational
measure to be applied in substitution for an administrative sanction or
administrative handling measure against juvenile administrative violators.
These measures include admonition and management at home.
5. Recidivism
means that an individual or organization that has been handled for an
administrative violation and after completely executing the sanctioning
decision or decision on application of an administrative handling measure or
after the statute of limitations for execution of such decision expires,
re-commit the same violation, while the duration upon the expiration of which
he/she/it will be regarded as having never been administratively handled has not
expired.
6. Repeated
administrative violation means a case in which an individual or
organization repeats an administrative violation which he/she/it has previously
committed without having been handled while the statute of limitations for
handling such violation has not expired.
7. Organized
administrative violation means that an individual or organization colludes
with another individual or organization to jointly commit an administrative
violation.
8. License
or practice certificate is a paper granted by a competent state agency or
person to an individual or organization in accordance with law so that the
latter can do business, operate, practice a profession or use a tool or means.
Licenses and practice certificates do not include business registration certificates
and certificates linked with the personal backgrounds of holders not for the
purpose of practice licensing.
9. Place of
residence is a home, facility or another house used by a citizen for
his/her residence. Places of residence may be owned by citizens, or leased or
lent by agencies, organizations or individuals to citizens or allowed to be
used by citizens for residence.
10. Organization
is a state agency, political organization, socio-political organization,
socio-politico-professional organization, social organization,
socio-professional organization, economic organization, people’s armed forces
unit or another organization which is established in accordance with law.
11. Emergency
is a circumstance in which an individual or organization that, for the
purpose of warding off a practical threat to the interests of the State or
another organization, his/her/its own or another party’s legitimate interests,
has no choice but to cause a damage smaller than the damage to be prevented.
12. Legitimate
defense is an act of an individual who, for the purpose of protecting the
interests of the State or an organization, his/her own or another person’s
rights and legitimate interests, fights in a necessary manner against a person
who is committing an act of infringing upon such rights and interests.
13. Unexpected
event is an event in which an individual or organization cannot foresee or
is not obliged to foresee consequences of his/her/its act which is dangerous to
the society.
14. Force
majeure event is an event which occurs objectively and is
unforeseeable and irresistible despite the exercise of all necessary measures
and capabilities.
15. Person
having no administrative liability capacity is a person who commits an
administrative violation while suffering mental illness or another disease
which deprives him/her of the ability to perceive or control his/her acts.
16. Drug
addict is a habitual user of a narcotic, habit-forming or psychotropic drug
who is dependent on such drug.
17. Lawful
representatives include parents or guardian, lawyer and legal aid provider.
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- TẢI VỀ LUẬT XỬ LÝ VI PHẠM HÀNH CHÍNH (Bản song ngữ Việt - Anh)
- Tải về Luật xử lý vi phạm hành chính - Law on handling administrative violations (Bản tiếng Anh)
