According to Clause 1, Article 2 of the Law on Handling of Administrative Violations (2012), an administrative violation is an act committed by an individual or organization that violates the law on state management, which, however, does not constitute a crime, and as required by law, must be administratively sanctioned.
To know whether an act that occurs, in reality, is an administrative violation or not, it is necessary to determine based on the following factors:
- There are regulations on sanctioning violations by administrative sanctions;
- An administrative violation must be at fault. The fault is the psychological state of the violation. There are 02 types of fault: intentional faults (Having full ability to perceive and control behavior but accidentally or carelessly leading to administrative violations) and unintentional faults (Knowing his or her behavior is dangerous to society, prohibited by administrative law, but still doing it intentionally).
- Regarding the subject of administrative violations: It can be an organization or individual who has the capacity to take administrative responsibility according to the provisions of law.
- Administrative violations infringe on the state management in various fields of social life such as Security and order, social safety; traffic order and safety; medical; finance; banking, etc.
Pursuant to Clause 15, Article 2 of the Law on Handling of Administrative Violations, an individual who has the capacity to take administrative responsibility is a person who does not suffer from mental illness or other diseases that cause him or her to lose the ability to perceive/control his or her behavior.
What is the maximum administrative sanction?
The forms of sanctioning administrative violations specified in Article 21 of the Law on Sanctioning of Administrative Violations include:
- Monetary fine;
- Deprive the right to use licenses or practice certificates for a definite time or suspend operations for a definite time;
- Confiscate material evidence and means used to commit administrative violations;
In fact, monetary fines are the most commonly used form of administrative sanctions.
In particular, according to Article 23 of the Law on Handling of Administrative Violations 2012, revised in 2020, the fine level for sanctioning administrative violations is regulated from VND 50,000 to VND 1 billion for individuals, from VND 100,000 to VND 2 billion for the organization.
For inner-city areas of centrally-run cities, the fine may be higher, but must not exceed 02 times the general fine.
Article 24 of the Law on Handling of Administrative Violations stipulates the maximum fine levels in multiple fields.
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