50 legal multiple-choice questions on the Law on Handling Administrative môn Luật dân sự Việt Nam| Trường Đại học Luật Hà Nội

50 legal multiple-choice questions on the Law on Handling Administrative Violations
I. Concepts and Principles of Handling Administrative Violations
1. Which of the following is not a characteristic of an administrative violation?
A. The presence of fault in the act
B. Violation of state management regulations
C. Must cause serious consequences
D. Not classified as a criminal offense
2. Which principle is incorrect regarding administrative violation sanctions?
A. Individuals and organizations violating the law must be notified in
advance before being sanctioned
B. An administrative violation can only be sanctioned once
C. All administrative violations must be handled publicly and transparently
D. The authority imposing the sanction must prove the administrative violation
3. When is an organization liable for an administrative violation instead of an individual?
A. When the organization has a registered office in Vietnam
B. When the violation is committed on behalf of the organization
C. When the violation concerns the director’s responsibility
D. When multiple individuals within the organization participate in the violation
4. Which of the following is not covered by the Law on Handling Administrative Violations?
A. Violations of environmental protection regulations
B. Violations of fire prevention and firefighting regulations
C. Violations in a civil contract
D. Violations of road traffic regulations
5. Which of the following is not considered a mitigating circumstance in administrative sanctioning?
A. The violator voluntarily remedies the consequences
B. The violator is a pregnant woman
C. The violator has committed multiple violations but was not detected earlier
D. The violation occurred due to extreme hardship
II. Forms of Sanctions and Remedial Measures
6. Which form of sanction can be applied independently without requiring a primary sanction? A. Warning
B. Confiscation of administrative violation exhibits
C. Revocation of license or practice certificate D. Monetary fine
7. Which authority has the power to stipulate specific fine amounts for each administrative violation? A. The National Assembly B. The Government
C. The Supreme People’s Court
D. The Supreme People’s Procuracy
8. Which of the following is not a remedial measure under the Law on
Handling Administrative Violations?
A. Compelling correction of false information
B. Compelling demolition of unauthorized construction
C. Compelling compensation for damages to the victim
D. Compelling restoration to the original condition
9. What is the maximum monetary fine applicable to individuals under administrative sanction? A. VND 500 million B. VND 1 billion C. VND 2 billion D. VND 5 billion
10. In which case can’t the revocation of a license or practice certificate be applied?
A. When the violator commits the offense for the first time
B. When the violation causes serious consequences
C. When the violation directly involves the use of the license
D. When the violation occurs in a regulated profession
III. Authority to Impose Administrative Sanctions
11. Which authority can impose the maximum statutory fine under the law?
A. Chairperson of the District People's Committee
B. Chairperson of the Provincial People's Committee
C. Director of the Department of Justice
D. Inspector General of a Ministry
12. What is the maximum fine that a commune police officer can impose on an administrative violation? A. VND 500,000 B. VND 2.5 million C. VND 5 million D. VND 10 million
13. In the case of a tax-related administrative violation, which authority has
the power to impose sanctions? A. Ministry of Finance
B. General Department of Taxation
C. State Audit Office of Vietnam D. State Bank of Vietnam
14. Which authority has the power to order the expulsion of a foreigner who
commits an administrative violation in Vietnam?
A. Provincial People's Committee
B. Ministry of Public Security
C. Director of the Immigration Department D. Both B and C
15. Who has the power to suspend the business operations of an enterprise
due to a serious administrative violation?
A. Chairperson of the District People's Committee
B. Inspector of the Ministry of Industry and Trade
C. Director of the Department of Industry and Trade D. All of the above
IV. Complaints, Lawsuits, and Enforcement of Administrative Sanctions
16. How long does an individual have to file a complaint against an
administrative sanction decision? A. 10 days B. 30 days C. 60 days D. 90 days
17. When can an individual file an administrative lawsuit against a sanction decision?
A. If they disagree with the sanction decision
B. If their complaint has not been satisfactorily resolved
C. If there is a serious legal defect in the sanction decision D. All of the above
18. When is the enforcement of an administrative sanction decision suspended?
A. When a valid complaint has been lodged
B. When an order is issued by a superior authority
C. When the violator submits a request for suspension D. Both A and B
19. Which authority is responsible for enforcing the execution of
administrative sanction decisions?
A. The decision-making authority
B. The civil enforcement agency C. The People's Police D. Both A and C
20. What is the maximum time limit for enforcing an administrative sanction decision? A. 10 days B. 30 days C. 60 days D. No time limit
V. Practical Scenarios in Handling Administrative Violations
(The following questions present real-life scenarios requiring legal application.)
21. A transport company is found discharging untreated wastewater into a
river. Who has the authority to impose an administrative sanction in this case?
A. Chairperson of the District People's Committee
B. Director of the Department of Natural Resources and Environment
C. Inspector of the Ministry of Natural Resources and Environment D. Both B and C
22. An individual receives an administrative penalty but deliberately avoids
compliance and obstructs enforcement. Which authority has the power to enforce the sanction?
A. Commune People’s Committee
B. Civil Judgment Enforcement Agency C. People's Police D. Both B and C
23. A street vendor is fined for encroaching on the sidewalk for business
purposes. After 30 days, the vendor has not paid the fine or removed the
illegal stall. Which measure may be applied?
A. Forced dismantling of the illegal structure
B. Compulsory deduction from the violator’s bank account C. Detention of the violator D. Both A and B
24. During an inspection, tax officers discover that a company has falsely
declared invoices to evade taxes. Who has the authority to sanction this violation?
A. Director of the Provincial Tax Department
B. General Director of the General Department of Taxation C. Minister of Finance D. Both A and B
25. A foreign national commits a severe administrative violation in Vietnam
and is subjected to an expulsion order. Which authority has the power to issue the expulsion decision?
A. Ministry of Public Security
B. Chairperson of the Provincial People's Committee
C. Director of the Immigration Department D. Both A and C
26. If an individual refuses to sign the administrative violation report, what
should the competent authority do?
A. Cancel the report and refrain from sanctioning
B. Obtain witness signatures to confirm the report
C. Proceed with drafting the report without the violator's signature D. Both B and C
27. A food retailer is found selling expired goods. What is the appropriate sanction?
A. Fine and mandatory destruction of the expired products
B. Fine only, without product destruction
C. Fine and written commitment from the retailer not to reoffend
D. Suspension of the retailer’s business license
28. A company in an industrial zone is fined for failing to submit an
environmental impact assessment report. What legal remedies does the company have?
A. Appeal the sanction decision to the competent authority
B. File an administrative lawsuit against the decision
C. Request reconsideration of the fine if mitigating circumstances exist D. All of the above
29. A driver is fined for a traffic violation but is unable to pay immediately.
What legal right does the driver have?
A. Request complete exemption from the fine
B. Request an extension for fine payment
C. Request conversion of the fine to a warning
D. No rights to request any changes
30. Under what circumstances can an administrative sanction decision be annulled?
A. If there are legal defects or incorrect grounds for sanctioning
B. If the violator petitions for a reduction of the penalty
C. If the decision is widely criticized by the public
D. If the fine is deemed excessive compared to the violator’s financial capacity
VI. Preventive Measures and Administrative Enforcement
31. Which of the following is not considered a preventive measure under administrative law? A. Administrative detention
B. Compulsory appearance before authorities
C. Confiscation of evidence and means of violation
D. Mandatory compensation for damages
32. Under what circumstances is administrative detention not applicable?
A. When the individual causes a public disturbance
B. When the individual fails to produce identification
C. When the individual commits an administrative violation but poses no flight risk
D. When the individual is at risk of committing further violations
33. What is the maximum duration for administrative detention? A. 6 hours B. 12 hours
C. 24 hours, extendable to 48 hours in special cases D. 72 hours
34. When can an individual be forcibly escorted (compelled appearance) under administrative law?
A. When they refuse to present identification
B. When they resist law enforcement
C. When they are suspected of a criminal offense but not yet charged D. All of the above
35. Under what circumstances can authorities temporarily confiscate the
means of an administrative violation?
A. When the violator refuses to comply with the sanction
B. When there is a risk of the evidence being destroyed or hidden
C. When the violation is considered extremely serious D. Both B and C
VII. Aggravating and Mitigating Circumstances
36. Which of the following is not a mitigating circumstance?
A. The violator voluntarily remedies the consequences B. The violator is a minor
C. The violator attempts to conceal the violation
D. The violator acted under duress
37. Which factor may be considered an aggravating circumstance?
A. The violation is organized and premeditated
B. The violator was intoxicated at the time of the violation
C. The violation occurred in a disaster-stricken area
D. The violation was committed out of negligence
38. In which case is an administrative violation considered "repeated"?
A. When the violator commits the same violation multiple times but has not yet been penalized
B. When the violator continues the same violation after being sanctioned
C. When the violator commits multiple types of violations at the same time
D. When the violation results in serious consequences
39. When is an administrative violation considered "recidivism" (re-offense)?
A. When a person commits the same violation within one year of
completing the previous sanction
B. When a person violates the law multiple times on the same day
C. When the violation is widely publicized in the media
D. When the violation occurs in an urban area
40. If both aggravating and mitigating circumstances exist in an
administrative case, how is the penalty determined?
A. The maximum fine is imposed if aggravating factors outweigh mitigating ones
B. The competent authority considers all factors and determines a fair penalty
C. Only aggravating factors are considered in determining the fine
D. If a mitigating factor exists, no aggravating factors apply
VIII. Time Limits for Administrative Sanctions
41. What is the general statute of limitations for imposing an administrative sanction? A. 6 months B. 1 year C. 2 years D. 3 years
42. What is the statute of limitations for administrative sanctions in
environmental and construction law? A. 6 months B. 1 year C. 2 years D. 5 years
43. How is the statute of limitations calculated for ongoing (continuing) violations?
A. From the date the violation first occurred
B. From the date the violation was detected
C. From the date of the last occurrence of the violation
D. From the date of the first administrative penalty
44. After how long is an individual considered not to have been sanctioned if they do not re-offend? A. 6 months B. 1 year C. 2 years D. 3 years
45. Once the statute of limitations has expired, what measures may still be applied?
A. No sanctions, but remedial measures can still be enforced
B. The violator can still be sanctioned in exceptional cases
C. The case is dismissed entirely
D. The case is referred to criminal investigation
IX. Appeal, Lawsuits, and Execution of Administrative Sanctions
46. How long does an individual have to file an appeal against an
administrative sanction decision? A. 10 days B. 30 days C. 60 days D. 90 days
47. How many levels of appeal are there in the administrative sanction process? A. One B. Two C. Three D. Four
48. Under what circumstances can an administrative sanction decision be suspended?
A. When a valid appeal has been filed
B. When ordered by a superior authority
C. When the violator submits a petition for a delay in execution D. Both A and B
49. Which agency has the authority to enforce the execution of an
administrative sanction decision?
A. The agency that issued the sanction decision
B. The Civil Judgment Enforcement Agency C. The People's Police D. Both A and C
50. Which of the following is not a legitimate coercive measure in enforcing
an administrative sanction decision?
A. Deduction from the violator’s salary
B. Seizure of assets unrelated to the violation
C. Confiscation of evidence related to the violation
D. Forced demolition of an illegal structure