Improving legal provisions on the subjects subject to administrative sanctions

Abstract

Administrative sanction is a special type of coercive measure regulated by the Law on Handling Administrative Violations. Despite having been amended and supplemented several times to align with other legal documents in the Vietnamese legal system, the legal provisions regarding these measures still contain many shortcomings, particularly regarding the subjects to which they apply. For example, some groups of subjects have not been clearly defined, which can lead to confusion with those subject to criminal penalties; the categorisation of subjects is neither rational nor scientific, etc. This article analyses the role and the meaning of administrative sanctions and highlights the limitations in the provisions concerning the subjects to whom administrative sanctions are applied. On that basis, it proposes some solutions to improve these provisions in order to facilitate their implementation and ensure the legal rights and interests of those subject to administrative sanctions.