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Extenuating Circumstances Administrative Liability in the Law on Handling of Administrative Violations of Vietnam

https://doi.org/10.17803/2313-5395.2020.1.13.045-066

Abstract

Extenuating circumstances administrative liability in Vietnamese law are understood as such circumstances related to the determination of sanctioning and the extent of responsibilities towards individuals, organizations which violated administrative law. These circumstances are to alleviate the extent of danger for the society of the violations; therefore, when these circumstances are applied, individuals, organizations violating the administrative law will incur lower legal consequences than normal cases. The paper analyzes the theoretical issues of extenuating circumstances administrative liability in Vietnamese law, points out some shortcomings and provides 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, Faculty of Administrative Law and State, Ho Chi Minh City University of Law.

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



References

1. Cao Vu Minh, Issues in Need of Amendment under the Law on Handling of Administrative Violations in 2012, 1 State and Law Review (2019).

2. Dao Thi Thu An, Extenuating and Aggravating Circumstances in Handling Administrative Violations — Practice and Issues Raised, 5 Democracy and Law Journal, 10 (2007).

3. Diep The Vinh, The de¿nitions of “the elderly, the feeble and elderly, the over feeble and elderly” need to be changed. May 18, 2017. https://kiemsat.vn/can-sua-doi-cac-khai-niem-nguoi-gia-nguoi-gia-yeu-va-nguoi-qua-gia-yeu-trong-blhs-47028.html.

4. Hanoi Law University. Vietnamese Administrative Law Curriculum. Publisher People’s Police (2008).

5. Nguyen Duc Minh, Concept and Content of Rule-of-Law Principle, 6 State and Law Review (2018).

6. Scienti¿c commentary on the Law on Handling of Administrative Violations in 2012, at 169 (Nguyen Canh Hop ed., Publisher Hong Duc, 2017).

7. Tran Thai Duong, Discuss the Concept and Principle of Rule-of- Law, 3 State and Law Review (2017).


Review

For citations:


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

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