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Regulations on the time limit for issuing administrative sanctioning decisions

Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations in 2020 (hereinafter referred to as Law on Handling Administrative Violation), for simple matters that do not need to be verified, the time limit for issuing a sanctioning decision is 7 working days to 10 working days. For cases that require explanation or have many complicated details to be verified, the time limit for issuing a sanctioning decision is 1 month or 2 months (for extremely serious cases with many complicated circumstances).


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People in Phu Cuong Commune (Dinh Quan District) participate in a legal consultation session organized by the Provincial Bar Association

At the propaganda and legal consultation session for officials and people in Ma Da Commune (Vinh Cuu District) at the end of November 2021, Mr. N.V.H. (Ma Da commune official) inquires, according to the provisions of Point a, Clause 1, Article 66 of the Law on Handling Administrative Violations, for cases not belong to the cases specified at Points b and c of this Clause, the time limit for issuing a sanctioning decision is 7 working days from the date of making the administrative violation minutes. If the case must be transferred to a person with sanctioning competence, the time limit for issuing a sanctioning decision is 10 working days from the date of making the administrative violation minutes. However, in fact, in many localities, the time limit for issuing a sanctioning decision is 7 days, or 10 days for the case, which must be transferred to the person or agency competent to issue the sanctioning decision. Is it correct?

Chairman of the Provincial Bar Association Phan Van Chau explained, the law allows the person competent to sanction administrative violations to issue a decision to sanction the person who commits administrative violations within a period of 1-7 working days from the date of making the minutes to the time a sanction decision is made. For the case where the person who has the authority to make a record but does not have the sanctioning authority, and be forced to transfer the file to the person, the competent agency will issue a sanctioning decision within 1-10 working days. Therefore, when a person competent to make a record but not competent to issue a sanctioning decision and be forced to transfer the file to a competent person to issue a sanctioning decision within 7 working days, 10 working days or less, there is nothing wrong, inconsistency, or arbitrariness. Except for the case specified in Clause 3, Article 63 of the Law on Handling Administrative Violation, regarding the transfer of administrative violation case files (the time limit for issuing decisions on sanctioning administrative violations is 30 days from the date of receipt of decisions specified in Clause 1, Article 63, together with the violation case file. In case of necessity to verify further as prescribed in Clause 2, Article 63, the maximum time limit shall not exceed 45 days).

In addition, based on Points b and c, Clause 1, Article 66 of the Law on Handling of Administrative Violations, the time limit for issuing decisions to sanction administrative violations is for cases where individuals or organizations request explanations or verify relevant circumstances prescribed in Article 59 of this Law, the time limit for issuing a sanctioning decision is 1 month (from the date of making the administrative violation minutes). For the case specified at Point b, Clause 1, Article 66, which is particularly serious, contains many complicated circumstances and requires more time to verify and collect evidences, the time limit for issuing a decision sanction is 2 months from the date of making the administrative violation minutes.

Quynh Thu
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