Question: What are the principles for handling administrative violations against minors? - Reader Tan Tinh
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| Principles for handling administrative violations with minors. (Source: TVPL) |
1. Principles of handling administrative violations with minors
In addition to the principles of handling administrative violations prescribed in Article 3 of the Law on Handling Administrative Violations 2012, the handling of minors also applies the following principles:
- Handling of minors who commit administrative violations is only carried out in necessary cases to educate and help them correct their mistakes, develop healthily and become useful citizens to society.
In the process of considering and handling administrative violations by minors, the person with the authority to handle administrative violations must ensure the best interests of the minor. The measure of placing in a reformatory school shall only be applied when it is deemed that there are no other more suitable measures;
- The handling of minors who commit administrative violations is also based on the minor's ability to perceive the social danger of the violation, the cause and circumstances of the violation to decide on the appropriate penalty or administrative handling measure;
- The application of penalties and the decision on the level of penalties for minors committing administrative violations must be lighter than that for adults committing the same administrative violations.
In case of persons from 14 to under 16 years old committing administrative violations, the form of fine shall not be applied.
In case a person from 16 to under 18 years old commits an administrative violation and is fined, the fine shall not exceed 1/2 of the fine applied to an adult; if he/she is forced to pay an amount equivalent to the value of the exhibits and means of administrative violation to the state budget according to the provisions of Clause 1, Article 126 of the Law on Handling of Administrative Violations 2012, the amount paid to the state budget shall be equal to 1/2 of the value of the exhibits and means of administrative violation.
In case there is no money to pay the fine or no ability to take remedial measures, the parents or guardians must do it instead;
- In the process of handling minors who commit administrative violations, the privacy of minors must be respected and protected;
- Alternative measures to handle administrative violations must be considered for application when all conditions specified in Chapter II, Part Five of the Law on Handling Administrative Violations 2012 are met. The application of alternative measures to handle administrative violations is not considered as having been handled for administrative violations.
(Article 134 of the Law on Handling of Administrative Violations 2012, amended in 2020)
2. The period of time considered as not having been administratively sanctioned for a minor
Pursuant to Article 137 of the Law on Handling of Administrative Violations 2012, the period of time for a minor to be considered as not having been subject to administrative violations is as follows:
- A minor is considered to have not been administratively sanctioned if within 06 months from the date of completion of the sanction decision or from the date of expiration of the statute of limitations for enforcement of the sanction decision, he/she does not re-offend.
- A minor subject to administrative handling measures, if within 01 year from the date of completion of the handling decision or from the date of expiration of the handling decision, does not re-offend, is considered to have not been subject to administrative handling measures.
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