The national database on handling of administrative violations

28/10/2016
The Government issued Decree prescribing the national database on handling of administrative violations. This Decree prescribes the establishment, management, exploitation and use of the national database on handling of administrative violations; and responsibilities of ministries, ministerial-level agencies, the Supreme People’s Court, People’s Committees of provinces and centrally run cities (below referred to as provincial-level People’s Committees), organizations and individuals in the establishment, management, exploitation and use of the national database on handling of administrative violations.
Information in the national database on handling of administrative violations
* Information on decision to sanction administrative violations:
a/ Subject sanctioned for administrative violation:
For an individual violator: full name; birthdate; personal identification number or people’s identity card number, police identity card number or military identity card number or passport number (if any); gender.
For an institutional violator: name of organization; address of head office; identification number (for enterprises) or investment registration certificate number/business registration certificate number; establishment license number/operation registration certificate number (for other organizations); full name of at-law representative or owner of enterprise or head of organization;
b/ Number and date of issuance of decision to sanction administrative violation;
c/  Act of violation; form of sanction, sanctioning level; and consequence remedy (if any);
d/ Agency of person competent to sanction administrative violations; title of person issuing decision to sanction administrative violation.
*  Information on execution of decision to sanction administrative violation and decision to apply consequence remedy (if any):
+ Postponement of execution of decision on fine; suspension of execution of decision to sanction administrative violation; termination of sanction or amendment, supplementation or cancellation of decision to sanction administrative violation (if any);
+ Fine reduction or exemption; payment of fine in installments (paid fine amount and unpaid fine amount, if any);
+ Enforcement of decision to sanction administrative violation (if any);
+ Time of complete serving of decision to sanction administrative violation;
+ Complaint and lawsuit about decision to sanction administrative violation (if any).
* New information on handling of administrative violations shall be input into the national database on handling of administrative violations as follows:
+ Within 1 (one) working day after receiving decisions to sanction administrative violations or decisions to apply administrative handling measures, information updating and receipt sections of the agencies specified in Clause 2 of this Decree shall digitalize input information according to the form and input the information specified in Clause 1; at Points a, b, c, d, dd and h, Clause 3; Points a, b, c, d, dd and h, Clause 4, Article 9, of this Decree into the national database on handling of administrative violations; 
+ Checking the contents specified at Point a of this Clause before accepting such information for the national database on handling of administrative violations.
* Information on handling of administrative violations in the national database on handling of administrative violations shall be updated as follows:
+ Within 1 (one) working day after receiving information specified in Clause 2; at Points e, g and i, Clause 3; and Points e, g and i, Clause 4, Article 9 of this Decree, information updating and receipt sections of the agencies specified in Clause 2 of this Decree shall digitalize input information according to the form and update such information into the national database on handling of administrative violations. 
+Checking the contents specified at Point a of this Clause before accepting such information for the national database on handling of administrative violations.
The Ministry of Justice shall maintain the national database on handling of administrative violations as follows:
+ Ensuring technical infrastructure and environment for the installation and operation of the national database on handling of administrative violations;
+ Taking measures to ensure physical and environmental safety at the electronic data center of the national database on handling of administrative violations;
+ Taking measures to back up information in order to ensure troubleshooting and data restoration when occur problems due to natural disaster or illegal falsification, modification, deletion or destruction of data; 
+ Taking maintenance and repair measures to ensure round-the-clock operation of the national database on handling of administrative violations.