What are sanctions? Types of sanctions of legal norms | iGuide

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What are sanctions? Types of sanctions of legal norms

This article explains the concept of sanctions and types of sanctions in legal norms. Sanctions are measures applied when there is a violation of the law, to ensure compliance and enforcement of the law. Types of sanctions include criminal, administrative, civil and disciplinary sanctions. Understanding sanctions helps individuals and organizations comply with the law and protect their rights.

1. What are sanctions?

Sanctions are one of three components of a legal norm (assumptions, regulations, sanctions).

In which, legal norms are general rules of conduct, having general mandatory effect, applied repeatedly to agencies, organizations, individuals nationwide or in certain administrative units, issued by state agencies, competent persons specified in the Law on Promulgation of Legal Normative Documents and guaranteed by the State to be implemented.

(Clause 1, Article 3 of the Law on Promulgation of Legal Documents 2015).

Sanctions are the part that determines the forms of legal responsibility when there is a violation of the general rules of conduct recorded in the provisions and assumptions of legal norms.

2. Types of sanctions of legal norms

Based on the nature of social relations regulated by law, sanctions are divided into many types: criminal sanctions, administrative sanctions, civil sanctions...

3. Administrative sanctions

Administrative sanctions are part of administrative law norms (assumptions, regulations, sanctions) that determine the State's handling measures against individuals and organizations that violate the law on state management but do not constitute crimes and do not reach the level of criminal prosecution.

For example: According to point e, clause 4, point b, clause 10, Article 6, Decree 100/2019/ND-CP and point g, clause 34, Article 2, Decree 123/2021/ND-CP:

Motorcyclists and motorbike drivers (including electric motorbikes) who run red or yellow lights will be fined from VND 800,000 to VND 1,000,000 and have their driving licenses revoked for 1 to 3 months.

In the above penalty regulations, the sanction content is "fine from 800,000 VND to 1,000,000 VND, suspension of driving license from 01 month to 03 months".

4. Civil sanctions

Civil sanctions are unintended adverse legal consequences applied to violators in civil relations when they perform or improperly perform civil obligations.

Civil sanctions are often related to property (forced repair, compensation for damages, restoration to original condition, return to each other what has been received...) or can be other sanctions (forced cessation of violations, forced apology, public correction...).

5. Criminal sanctions

Criminal sanctions are an integral part of criminal law norms, determining the type and limiting the level of punishment that can be applied to a person who commits a crime as prescribed in that criminal law norm.