STATUTE OF LIMITATIONS FOR HANDLING OF ADMINISTRATIVE VIOLATIONS

According to:

– Article 6 of the Law on handling of administrative violations No. 15/2012/QH13;

– Article 1.4 of the Law on Amendments and Supplements to certain Articles of the Law on Handling of Administrative Violations No. 67/2020/QH14;

– Article 1.72.b of the Law on Amendments and Supplements to certain Articles of the Law on Handling of Administrative Violations No. 67/2020/QH14;

– Article 4 of Decree No. 221/2013/ND-CP dated December 30, 2013.

I. THE LIMITATION PERIOD FOR IMPOSITION OF AN ADMINISTRATIVE PENALTY

1. The limitation period for imposition of an administrative penalty shall be 01 year, except in the following cases:

1.1. The limitation period for imposition of sanctions against administrative violations arising from the following sectors and activities: accounting; invoices; fees and charges; insurance business; price management; securities; intellectual property; construction; fishery; forestry; investigation, planning, exploration, extraction and use of water resources; oil and gas and other mining activities; environmental protection; atomic energy; management and development of houses and offices; land; levees; press; publishing; commodity production, export, import and trading; manufacturing and trading of banned and counterfeit goods; foreign worker management, the statute of limitations for sanctioning administrative violations, shall be 02 years;

1.2. The limitation period for imposition of sanctions against administrative violations arising from taxes shall be subject to laws on tax administration.

2. The time to calculate the statute of limitations for administrative sanctions regulated at section 1 shall be regulated as follows:

2.1. For administrative violations have ended, the statute of limitations shall be from the termination of violations.

2.2. For administrative violations being done, the statute of limitations shall be from the time of detecting violations;

3. In the case of administrative sanctions for individuals, organizations transferred by proceeding agencies, the statute of limitations shall be applicable according to the provisions of section 1 and 2 above. The period when proceeding agencies handle, consider the case shall be included in the statute of limitations for administrative sanctions.

4. Within the period specified in of section 1 and 2 above, individuals, organizations deliberately evade or obstruct the sanctioning, the statute of limitations for administrative sanctions shall be re-calculated from the time terminating the acts of evading or obstructing the sanctioning.

II. THE STATUTE OF LIMITATIONS FOR APPLICATION OF ADMINISTRATIVE HANDLING MEASURES IS REGULATED AS FOLLOWS:

1. The limitation period for enforcement of compulsory behavioral programs at communes, wards or townships shall be 01 year starting from the date on which an individual commits any violation specified in Article 90.1 Law on handling administrative violations 2012 which is amended and supplied by Article 46.1 Law on Amendments and Supplements to certain Articles of the Law on Handling of Administrative Violations 2020; 06 months starting from the date on which an individual commits any violation specified in Article 90.2 Law on handling administrative violations 2012 which is amended and supplied by Article 46.1 Law on Amendments and Supplements to certain Articles of the Law on Handling of Administrative Violations 2020; 06 months starting from the date on which an individual last commits one of the acts of violation specified in clauses 3, 4 and 6 of Article 90 Law on handling administrative violations 2012 which is amended and supplied by Article 46.1 Law on Amendments and Supplements to certain Articles of the Law on Handling of Administrative Violations 2020; 03 months starting from the date on which an individual last commits any violation specified in clause 5 of Article 90 Law on handling administrative violations 2012 which is amended and supplied by Article 46.1 Law on Amendments and Supplements to certain Articles of the Law on Handling of Administrative Violations 2020;

2.  The limitation period for the compulsory sending of violators to reform schools shall be 01 year starting from the date on which an individual commits any violation specified in Article 92.1 and 9.2. Law on handling administrative violations 2012 which is amended and supplied by Article 47.1 Law on Amendments and Supplements to certain Articles of the Law on Handling of Administrative Violations 2020; 06 months starting from the date on which an individual commits any violation specified in Article 92.3 and 92.4 Law on handling administrative violations 2012 which is amended and supplied by by Article 47.1 Law on Amendments and Supplements to certain Articles of the Law on Handling of Administrative Violations 2020;

3. The statute of limitations for application of measure sending to compulsory education establishments is 01 year, as from the last time of committing of one of violation acts prescribed at Article 94.1 Law on handling administrative violations 2012 which is amended and supplied by Article 48.1 Law on Amendments and Supplements to certain Articles of the Law on Handling of Administrative Violations 2020;

4. The statute of limitations for application of measure sending to compulsory detoxification establishments is 03 months from the date an individual committing the last act of illegal drug use is discovered and made a record in accordance with Article 8 of the Decree No.221/2013/NĐ-CP dated 30/12/2013;

5. Within the limitation periods specified in section 1, 2, 3, 4, if a violating person deliberately evades or militates against enforcement of administrative sanction measures, limitation periods shall be reset, starting from the time of abandonment of acts of evading or militating against penalties.