On 25/6, the National Assembly passed the Law Amending and Supplementing a Number of Articles of the Law on Administrative Violations. A key change is the increase in the maximum fine that can be levied without a formal written report. The previous fines for individuals and organizations were 250,000 VND and 500,000 VND, respectively. These amounts have been doubled to 500,000 VND and 1 million VND.
In the draft submitted to the National Assembly at the beginning of the session, the government proposed increasing the maximum fine without a written report fourfold, to 1,000,000 VND for individuals and 2,000,000 VND for organizations.
Minister of Justice Nguyen Hai Ninh explained that some representatives had expressed concerns about the impact on the right to appeal and transparency if the fines were increased too drastically. The decision to double the fines reflects this feedback.
Adjustments to the regulations will be further studied and evaluated during the development of a comprehensive amendment to the Law on Administrative Violations to avoid differing interpretations and applications.
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The National Assembly votes to pass the draft Law Amending and Supplementing a Number of Articles of the Law on Administrative Violations. Photo: National Assembly Portal |
The National Assembly votes to pass the draft Law Amending and Supplementing a Number of Articles of the Law on Administrative Violations. Photo: National Assembly Portal
Maximum fines remain unchanged in many areas
The newly passed law does not increase the maximum fines in any existing areas but adds new ones or those currently regulated by specialized laws.
Specifically, the law adds regulations for complaints, denunciations, petitions, and feedback, with a maximum fine of 30 million VND. For data and the digital technology industry, the maximum fine is 100 million VND. The maximum fine for integrated management of resources and protection of the marine environment and islands is 500 million VND. For personal data protection, the maximum fine is determined by relevant specialized laws.
In its report, the government acknowledged suggestions to increase fines for road traffic violations, food safety, and health. However, adjusting maximum fines is a significant issue with a broad impact, requiring thorough and comprehensive review. Therefore, the law does not increase the maximum fines in these areas.
The government will instruct the drafting agencies to research and evaluate these areas for potential amendments in the future when the entire law undergoes revision.
Sale of violating vehicles permitted in cases of fire or explosion risk
The law allows authorities to sell seized items and vehicles involved in administrative violations under certain circumstances. If items are at risk of damage, deterioration, fire, explosion, environmental pollution, or pose a risk to public health during storage, they can be sold 10 days after the holding period expires. This also applies to vehicles.
To protect ownership and usage rights, the law specifies the timing for these actions. Authorities must notify the owner of the violating vehicle, and can only proceed with these measures after a second notification.
The handling of seized items and vehicles must adhere to principles of "transparency, objectivity, proper authority, fairness, and compliance with legal regulations" for administrative penalties.
Proceeds from these sales must be deposited into a holding account at the State Treasury. If the violator, owner, manager, or legal user does not claim the proceeds within the stipulated timeframe, the funds are transferred to the state budget.
The law takes effect on 1/7/2025.
Son Ha
