The Form of Warning Sanction in the Law on Handling Administrative Violations in Vietnam

Nguyen Nhat Khanh

doi:10.17803/2313-5395.2020.2.14.292-320

Abstract

Sanctioning of administrative violations is considered an effective solution in the struggle and prevention of administrative violations; it includes application of sanction forms, remedial measures with respect to individuals and organizations committing acts of administrative violations which are implemented by the competent persons. Among the sanctions imposed for administrative violations, warning is a special form of sanctions and is commonly applied in the fields of state management. The paper analyzes the theoretical and legal issues about the form of warning sanction in accordance with the Vietnamese law, shows some shortcomings on the regulation of this sanction and makes proposals for improvement.

Highlights

Administrative violations are among the types of law violations, compared to other law violations such as criminal law violations, civil law violations, violations of state discipline, administrative violations are the most common type of law violations in Vietnam.[2]
Sanctioning of administrative violations is considered an effective solution in the struggle and prevention of administrative violations; it includes application of sanction forms, remedial measures with respect to individuals and organizations committing acts of administrative violations which are implemented by the competent persons
Administrative liability is the consequence of an administrative violation, which is reflected in the application by the competent persons, who have the authority to enforce administrative law sanctions on individuals, organizations committing acts of administrative violations, according to the procedure prescribed by the promulgated regulations

Summary

Introduction

Administrative violations are among the types of law violations, compared to other law violations such as criminal law violations (crimes), civil law violations (civil violations), violations of state discipline (disciplinary violations), administrative violations are the most common type of law violations in Vietnam.[2]. Clause 1 Article 28 of Decree No 71/2019/ND-CP on sanctioning administrative violations in the field of chemicals and industrial explosives stipulates: “A warning or a fine ranging from VND 500,000 to VND 1,000,000 shall be imposed on entities involved in chemical activities for failure to report all contents related to chemical activities.” This type of regulation creates conditions for the competent person to take initiative in the process of performing state management activities in order to apply the law in accordance with certain circumstances and purposes. Law on the Handling Administrative Violations 2012, Art. 3 (1.c). Law on Handling Administrative Violations 2012, Art 135 (1)

Nguyen Nhat Khanh

Conclusion