The Law on Handling Administrative Violations 2012

On June 20, 2012, the National Assembly officially passed the Law on Handling Administrative Violations 2012, marking an important step in improving the legal framework for administrative sanctions. Compared to the previous Ordinance on Handling Administrative Violations, the new Law introduces more progressive provisions and significantly increases penalties to enhance deterrence.

A notable feature is that the Law permits higher fines, but not exceeding twice the general penalty level, for the same violation in three specific sectors: road traffic; environment; and public order and social safety. However, this aggravated penalty mechanism is only applicable within inner-city areas of centrally governed cities. Accordingly, monetary fines for administrative violations are set from VND 50,000 to 1 billion for individuals, and from VND 100,000 to 2 billion for organizations.

The Law also provides more detailed regulations on the confiscation of exhibits and means used in violations—this applies only to serious violations committed with intent. In addition, the temporary seizure of vehicles, licenses, or professional certificates under administrative procedures is permitted only when strictly necessary and must cease immediately once the facts forming the basis for penalty decisions are verified, or when the violation no longer poses a danger to society.

Notably, Resolution No. 24/2012/QH13, which provides guidance on the implementation of the Law, abolishes measures such as compulsory education at commune, ward, or township level and compulsory admission to rehabilitation centers for sex workers, reflecting a more humane and rights-respecting approach to the handling of administrative violations.