More than 5,000 administrative penalty decisions have not been enforced.

(Baonghean.vn)– In the first 5 months of the year, the whole province still had 5,006 decisions on administrative sanctions that had not been enforced, and 5 decisions were being appealed.

That was the information presented at the meeting of the Provincial People's Council's Legal Committee with the Department of Justice on monitoring law enforcement and managing legal work on handling administrative violations.

Working scene. Photo: Mai Hoa

According to the report of the Department of Justice, in addition to monitoring the general implementation of the law according to Decree No. 59/2012/ND-CP, dated July 23, 2012 of the Government, every year, the Department has selected a number of key areas, such as monitoring the implementation of the law on business support; food safety and hygiene; applying administrative and educational measures at the commune level...

In addition, the management of legal work on handling administrative violations also strengthens focused direction, such as handling administrative violations in forest protection; administrative handling authority of the Chairman of the People's Committee at district and commune levels; handling administrative violations in market management...

Results of administrative violation handling work, in the first 5 months of 2017, the positions with authority to handle administrative violations in the province have inspected and detected 11,346 administrative violations; of which 105,567 cases were sanctioned. All levels, sectors, agencies and units issued 109,333 decisions on administrative violation handling, of which 105,827 decisions were enforced, reaching 96.3%.

The amount of fines collected is more than 80 billion VND; the amount of money collected from selling and liquidating confiscated exhibits and vehicles is more than 6.5 billion VND.

However, according to Ms. Nguyen Thi Que Anh - Deputy Director of the Department of Justice, regarding the work of monitoring law enforcement, many departments, branches and localities have not paid attention to allocating funds and human resources to carry out this task; especially at the district level, only 1 officer has been assigned but has to concurrently perform many "3-5 in 1" jobs.

Traffic police check compliance with traffic safety laws. Photo: Archive

Regarding the handling of administrative violations, in the first 5 months of the year, there were still 5,006 decisions that had not been enforced. The reason was that the violating organizations and individuals did not have enough financial capacity to enforce the penalty decisions; some subjects did not comply with the penalty decisions. Meanwhile, the organization of enforcement encountered many difficulties, the cost of organizing the enforcement force to enforce the penalty decisions was many times greater than the amount of the fine.

Ms. Nguyen Thi Que Anh also pointed out some shortcomings and difficulties in the process of enforcing the law on handling administrative violations. For example, the Law on Handling Administrative Violations stipulates that the authority to confiscate evidence and means of administrative violations is limited by the authority to impose fines, which gives rise to many violations that exceed the sanctioning authority of lower-level agencies and are pushed to higher-level agencies for resolution, not ensuring timeliness in handling violations.

Or for the exhibits and means that are being temporarily detained due to illegal appropriation or use for administrative violations that are subject to confiscation, they must be returned to the owner, manager or legal user. In this case, the violating individual or organization must pay an amount of money equivalent to the value of the exhibits and means of violation to the budget. However, the application in practice is difficult, because the properties and means of violation are of great value, while the majority of violators are hired workers, have low incomes, and are unable to enforce the penalty decision...

Ms. Thai Thi An Chung - Deputy Head of the Legal Committee of the Provincial People's Council spoke at the meeting. Photo: Mai Hoa

At the end of the meeting, on behalf of the Provincial People's Council's Legal Committee, Ms. Thai Thi An Chung - Deputy Head of the Provincial People's Council's Legal Committee shared the difficulties of the sector in implementing the task of monitoring law enforcement and managing legal work on handling administrative violations, because this is a new field, the mechanism and institution are not clear; there are many tasks that are not new but have a wide scope and are implemented by many agencies.

At the same time, it is recommended that the Department continue to adhere to current regulations to implement the task of monitoring law enforcement closely and correctly; it is necessary to select key topics, focus on specific handling recommendations, and improve efficiency in the context of limited funding and human resources. Regarding the task of managing legal work on handling administrative violations,

The Deputy Head of the Legal Department said that the Department needs to pay attention to professional training to correct errors and avoid complaints about administrative decisions at each level and each sector. Regarding some recommendations of the sector, the Legal Department of the Provincial People's Council will synthesize them to propose to the People's Council, People's Committee and sectors for resolution in the coming time.

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