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The Form of Warning Sanction in the Law on Handling Administrative Violations in Vietnam

https://doi.org/10.17803/2313-5395.2020.2.14.292-320

Abstract

Sanctioning of administrative violations is considered an effective solution in the struggle and prevention of administrative violations; it includes application of sanction forms, remedial measures with respect to individuals and organizations committing acts of administrative violations which are implemented by the competent persons. Among the sanctions imposed for administrative violations, warning is a special form of sanctions and is commonly applied in the fields of state management. The paper analyzes the theoretical and legal issues about the form of warning sanction in accordance with the Vietnamese law, shows some shortcomings on the regulation of this sanction and makes proposals for improvement.

About the Author

Nguyen Nhat Khanh
Faculty of Administrative Law and State, Ho Chi Minh City University of Law
Viet Nam

LLM, PhD Student

02 Nguyen Tat Thanh Street, Ward 12, District 4, Ho Chi Minh City



References

1. Cao Vu Minh. On Discretion in Activities of Administrative Agencies, 11 State and Law Review (2013).

2. Cao Vu Minh. The consistency of the Law on Inspection in 2010 with other legal documents in the Vietnamese legal system, The conference record on summarizing 6 years enforcement Law on Inspector (2017).

3. Cao Vu Minh. Shortcoming in the Sanctions to Juveniles for Administrative Violations, 5 Legislative Studies (2019).

4. Dinh Phan Quynh. Discuss on the concept of administrative violations, 4 Vietnam Lawyer Journal (2016).

5. Nguyen Cuu Viet. Vietnamese Administrative Law Curriculum (National Political Publisher, 2013).

6. Nguyen Nhat Khanh. Improvements of Legal Regulations on Additional Sanctions in the Administrative Violations, 21 Legislative Studies (2019).

7. Khanh NN. Extenuating Circumstances Administrative Liability in the Law on Handling of Administrative Violations of Vietnam. Kutafin University Law Review. 2020;7(1):45-66. https://doi.org/10.17803/2313-5395.2020.1.13.045-066.

8. Scientific commentary on the Law on Handling of Administrative Violations in 2012, (Nguyen Canh Hop ed., Hong Duc Publisher, 2017).


Review

For citations:


Khanh N.N. The Form of Warning Sanction in the Law on Handling Administrative Violations in Vietnam. Kutafin Law Review. 2020;7(2):293-320. https://doi.org/10.17803/2313-5395.2020.2.14.292-320

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ISSN 2713-0525 (Print)
ISSN 2713-0533 (Online)