Is it possible to be exempted from executing a decision to sanction an administrative violation if the enforcement period has expired?

A decision on sanctioning administrative violations (“Sanction Decision”) is not only a mandatory sanction imposed on individuals who violate the law, but also an important tool for state management and ensuring social order. However, in many cases, due to objective or subjective reasons, the implementation of Sanction Decisions is delayed or the deadline expires. This raises the question: Will the sanctioned persons be exempted from enforcement when the Sanction Decision’s enforcement period expires?  

According to the provisions of the Law on Handling of Administrative Violations 2012 (amended and supplemented in 2020) (“Law on handling of administrative violations”) and guiding documents, the issue of the time limit for implementing the Sanction Decision after the end of the implementation period is considered based on specific factors. Below are the main points related to this issue 

1. Regarding the voluntary time limit for implementing the Sanction Decision 

• According to the law: The sanctioned persons must comply with the Sanction Decision within a period of 10 days from the date of receipt of the decision; in case the Sanction Decision specifies a time limit of more than 10 days, it shall be implemented according to that time limit.(1)

• The time period is calculated from the time of receipt of the Sanction Decision: According to regulations, the Sanction Decision must be delivered directly or sent by registered post and notified to the sanctioned persons.(2)

In the case of intentional refusal to receive the decision, the Sanction Decision is still considered delivered if: 

• Direct delivery: The competent person must make a record of the refusal to receive the decision on administrative violations. This record requires confirmation from the local government.. 

• Postal delivery: After three delivery attempts, if the sanctioned persons intentionally refuse to accept the decision, the Sanction Decision will be considered delivered if it is posted at the violator’s residence or headquarters. 

2. Regarding the statute of limitations for implementing the Sanction Decision 

• The statute of limitations for implementing the Sanction Decision is 1 year from the date of issuance. If this time limit is exceeded, the decision is no longer enforceable, except for cases where confiscation or other remedial measures apply.(3)

• In case the sanctioned person deliberately evades or delays, the statute of limitations mentioned above shall be counted from the time such evasive or delaying behavior ends.(4)

• Reality identifies intentional acts of avoidance and delay compliance with the Sanction Decision 

The current legal regulations do not specifically regulate the meanings of intentional evasion or delay. So the determination and proof in some cases will depend on the reality and perspective of the person with authority to handle it. 

In fact, according to the guidance of the Supreme People’s Procuracy in Official Dispatches answering difficulties and problems in legal regulations,(5) then intentionally avoiding or delaying the execution of the Sanction Decision is understood as follows: 

• • If the sanctioned persons does not “intentionally avoid or delay” AND State agencies do not monitor, urge, inspect, issue decisions to execute judgments and organize enforcement: The Sanction Decision will expire after 01 year from the date of decision, after the above time limit, the sanctioned person is no longer required to perform the obligations of implementing that decision. 

• • If the sanctioned person has committed the act of “deliberately avoiding or delaying” OR State agencies do not monitor, urge, inspect, issue decisions to execute judgments and organize enforcement: The Sanction Decision may still be enforceable for 1 year from the time to stop avoiding and delaying behavior. 

3. Sanctions arising when not implementing the Sanction Decision

If the Sanction Decision is not implemented within its validity period, the violator may face enforcement sanctions and other legal consequences, including: 

(i) Coercive enforcement of Sanction Decision, including measures such as:(6) 

• Deducting part of salary, deducting money from the violator’s account; 
• Seizing assets with a value corresponding to the fine amount for auction; 
• Recovering money and other assets held by others in cases of asset dispersal; 
• Forcing compliance with other remedial measures. 

(ii) Late payment of fines: with interest rate 0.05% for each day of late payment of the fine, calculated on the total unpaid amount (up to the date of completion of fine payment).(7)

The expiration of the time limit for implementing the Sanction Decision does not mean that the sanctioned person is exempt from enforcement responsibility, but also clarifies whether there is an act of evasion or delay. This is a key factor in determining the violator’s responsibility and the continued effectiveness of the sanctioning decision.  

(1) Article 73.1 Law on Administrative Handling  

(2) Article 70 of the Law on Administrative Handling 

(3) Article 74.1 Law on Administrative Handling 

(4) Article 74.2 Law on Administrative Handling 

(5) Section I.3 Official Dispatch No. 5887/VKSTC-V14 2019 and Section A.I.3,4,5 Official Dispatch No. 4962/VKSTC-V14 

(6) Article 86 of the Law on Administrative Procedures 

(7) Article 78.1 Law on administrative enforcement 

 See more:

1/ Statute of limitations and legal consequences regarding the unlawful employment of foreign workers

2/ Simultaneous Application Of Penalty For Violations And Late Payment Interest For Violation Of The Time Limit Of Payment Obligations In Commercial Contracts

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