In which cases are administrative violations not recorded?

Lawyer Ho Thu Trang, YouMe Law Company Limited answers:

Article 56 of the 2012 Law on Handling of Administrative Violations, amended and supplemented by Clause 8, Article 1 of the Law amending and supplementing a number of articles of the 2025 Law on Handling of Administrative Violations (effective from July 1, 2025) stipulates the handling of administrative violations without making records as follows:

1. Handling administrative violations without making a record is applied to the following cases:

a) Impose a warning or fine up to 500,000 VND for individuals, 1,000,000 VND for organizations;

b) Violations transferred by competent authorities conducting criminal proceedings according to the provisions of Clause 1, Article 63 of this Law.

2. In case administrative violations are detected by means, technical and professional equipment, a record must be made.

3. In case administrative violations are not recorded as prescribed in point a, clause 1 of this Article, the person with sanctioning authority shall issue a decision to sanction on the spot.

Clause 1, Article 63 of the 2012 Law on Handling of Administrative Violations, amended and supplemented by Clause 13, Article 1 of the Law amending and supplementing a number of articles of the 2025 Law on Handling of Administrative Violations, stipulates the transfer of violation dossiers for administrative sanctions as follows:

1. For cases handled and resolved by competent criminal procedure agencies, but subsequently issued one of the decisions not to prosecute a criminal case, decisions to cancel the decision to prosecute a criminal case, decisions to suspend investigation, decisions to suspend the case, decisions to suspend the case against the accused, exemption from criminal liability according to the judgment, if the act shows signs of administrative violation, the competent person of the agency handling the case must impose administrative sanctions according to their authority. In case there is no sanctioning authority, the decision must be transferred together with the dossier (copy of it), exhibits, means of violation related to the administrative violation in the case, except in cases where exhibits, means are material evidence and documents requesting administrative sanctions to the person with sanctioning authority within 05 working days from the date the decision takes effect.

Thus, administrative violation penalties that do not require making a record are applied to cases according to the above regulations.