SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, July 13, 2001
ON ADMINISTRATIVE SANCTIONS AGAINST ACTS OF VIOLATING LAND-ROAD TRAFFIC ORDER AND SAFETY AND URBAN TRAFFIC ORDER AND SAFETY
Pursuant to the September 30, 1992 Law on Organization of the Government;
Pursuant to the December 2, 1991 Ordinance on the Protection of Traffic Works;
Pursuant to the January 28, 1989 Ordinance on Vietnam People’s Police Force and the July 6, 1995 Ordinance Amending Article 6 of the Ordinance on Vietnam People’s Police Force;
Pursuant to the July 6, 1995 Ordinance on Handling of Administrative Violations;
Pursuant to the Regulation on land-road traffic order and safety and urban traffic order and safety, issued together with the Government’s Decree No. 36/2001/ND-CP of July 10, 2001;
At the proposal of the Minister of Communications and Transport,
Article 1.- Principles for sanctioning administrative violations
1. The administrative sanctioning of acts of violating land-road traffic order and safety and urban traffic order and safety shall be effected by the People’s Committees at all levels, the People’s Police and the land-road traffic inspectorate according to law provisions.
2. Individuals and organizations that commit acts of violating land-road traffic order and safety and urban traffic order and safety shall be administratively sanctioned as prescribed in this Decree.
3. All acts of violating land-road traffic order and safety and urban traffic order and safety must be detected in time and immediately stopped. The sanctioning thereof must be effected rapidly and justly. All consequences entailed by acts of administrative violation must be overcome according to regulations; organizations and individuals that commit acts of administrative violation, causing material damage shall have to pay compensation therefor according to law provisions.
4. An act of administrative violation shall be sanctioned only once.
If one person commits many acts of administrative violation, he/she shall be sanctioned for each of such acts. Persons with sanctioning competence shall decide on the form of sanctioning of each act of violation; if the sanctioning forms are fines, they shall be summed up into a general fine.
If more than one person together commit one act of administrative violation, each of them shall be sanctioned.
5. The administrative sanctioning must be based on the nature and seriousness of violations, extenuating circumstances and aggravating circumstances in order to decide on the appropriate sanctioning forms and handling measures according to the provisions of this Decree.
6. Sanctions shall not be imposed on administrative violations committed in cases of urgent circumstances, legitimate defense, unexpected events or administrative violations committed by persons who are suffering from mental diseases or other diseases which deprive them of the ability to perceive or control their acts.
Article 2.- Levels of fines for administrative violations involving extenuating circumstances or aggravating circumstances
1. Depending on the nature and seriousness of violations, the imposed fines may be increased or reduced as compared with the prescribed levels, but the highest fine level must not exceed 1.5 time and the lowest level must not be lower than 0.5 time the one for the acts of violating prescribed in this Decree.
2. Extenuating and aggravating circumstances shall comply with the provisions of the Ordinance on Handling of Administrative Violations.
Article 3.- Responsibilities of persons competent to sanction administrative violations and the handling of violations committed by competent persons while performing their duties.
1. Persons competent to impose administrative sanctions must sanction the right persons and the right violations strictly according to their competence and law, immediately propose the concerned bodies to promptly take necessary measures to ensure traffic order and safety and protect traffic works.
2. Persons competent to impose administrative sanctions who harass for bribes, tolerate, cover up, refrain from imposing sanctions or impose sanctions not in time, not at the right levels, or ultra vires, shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability, if any material damage is caused, they shall have to pay compensation therefor according to law provisions.
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