On August 18, 2017, the Government enacted the Decree No 97/2017/NĐ-CP on the adjustment and completion of some articles of the Decree No 81/2013/NĐ-CP dated July 19, 2013, by the Government defining in details the solutions to handle administrative violations.
Article 1 was adjusted and completed as follows:
“ Article 1. Subjects to administrative fine:
1. Subjects to administrative fine are individuals, organizations defined at the clause 1, article 5 of the law on administrative violation fine.
2. Organizations are administratively fined when meeting following conditions:
a) It holds the legal personality provided by the civil law or other organizations established in accordance with law;
b) Acts of administrative violation committed by the representative or the person assigned to act in the name of the organization or the person who acts under the direction, administration, assignment, and approval of the organization and in accordance with the provisions of law, it/he/she must be sanctioned for administrative violations.
3. Organizations sanctioned for administrative violations must be specified in the decrees prescribing the sanctioning of administrative violations in the fields which State directly manages.
4. In cases where officials, public servants, and employees commit acts of violation while on duty, their tasks and acts fall within the scope of their assigned tasks or tasks according to legal documents or written acts. It shall not be sanctioned according to the provisions of the law on handling of administrative violations but shall be handled according to the law provisions on officials, public servants and employees.
State agencies that commit acts of violation under their assigned administrative tasks shall not be sanctioned according to the provisions of the law on handling of administrative violations but shall be handled according to the provisions of relevant laws. concerned.
Details are to be checked here: decree_adjustment_and_competion_of_some_articles_on_administrative_violation_fine.pdf