The Law on amendments and supplements to a number of articles of the Law on Handling of Administrative Violations was passed by the XIV National Assembly of the Socialist Republic of Vietnam at its 10th session on November 13, 2020 (hereinafter collectively referred to as an abbreviated as “Amendment Law”).
Through this article, let’s learn with Bizlawyer about the most basic and general changes of the Amendment Law.
Completing mechanisms, policies, orders, and procedures in the law on handling of administrative violations and minimizing limitations and inadequacies in the provisions of the Law on Handling of Administrative Violations, contributing to ensuring the effectiveness and efficiency of the law enforcement on the handling of administrative violations in practice, ensuring security, order and social safety.
The Amendment Law includes 03 articles, specifically:
– Article 1: Amending and supplementing a number of articles of the Law on Handling of Administrative Violations (there are 75 clauses).
– Article 2: Amending and supplementing Clause 1, Article 163 of the Law on Civil Judgment Execution No. 26/2008/QH12 (amended and supplemented with a number of articles under Law No. 64/2014/QH13 and Law No. 23/2018/QH14).
– Article 3: Effect of implementation.
A total of 66/142 articles have been amended and supplemented compared to the current Law on Handling of Administrative Violations, in which:
– Comprehensively amending and supplementing: 16 articles;
– Technical amendments: 11/142 articles;
– New addition: 04 articles;
– Abolish 03 articles.
The new provisions of The Amendment Law are expected to have the following impacts:
– Firstly: Ensuring publicity, transparency, clarity, creating favorable conditions for people to perceive law observance and functional forces to perform official duties in practice.
– Secondly: Amending, supplementing, and annulling provisions of the Law on Handling of Administrative Violations are no longer relevant.
– Thirdly: Specific regulations, clear sanctions for handling:
+ Contribute actively to the fight and prevention of administrative violations in the new situation, helping individuals and organizations better understand administrative violations, thereby having appropriate behaviors in accordance with the provisions of the law.
+ Overcoming errors in the application of the Law, thereby contributing to limiting complaints and denunciations of individuals and organizations, and creating trust among the people.
+ Improve the effectiveness and efficiency of the management and enforcement of the law on handling administrative violations.
+ Ensure law enforcement handles administrative violations seriously, consistently, accurately, and effectively, fully ensuring human rights, legitimate rights, and interests of individuals and organizations as stipulated in the Constitution determined.
– Fourthly: Building a transparent and objective legal environment, helping businesses feel secure to invest in production and business, contributing to changing the face of the economy in our country.
– Fifthly: Ensuring the implementation of international commitments on human rights, moving towards international standards on human rights in the direction of openness, transparency, fairness, especially regulations on the application of measures to handle administrative violations, regulations related to minors.
In general, The Amendment Law has marked a new development step in building and perfecting the law on handling administrative violations in particular and the Vietnamese legal system in general.
The Amendment Law will take effect from January 1, 2022.
* This newsletter is only for informational purposes about newly issued legal regulations, not used to advise or apply to specific cases.
Hope the above information is helpful to The Esteemed Readers.
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