No money to pay fine, can I get a reduction?
Many people believe that fines must be paid in full, without exception. However, current law allows some individuals facing economic difficulties to be considered for a partial reduction of fines under certain conditions.
Many cases of receiving a notice of a traffic violation have fallen into a dilemma when the error and the fine are determined, but the violator himself is facing financial difficulties. In most cases, violators often think, "If you have been fined, you must pay the full fine."
However, current law still reserves a special "door" for truly difficult cases, allowing for suspension and consideration of fine reduction according to the provisions of the Law on Handling of Administrative Violations.
Pursuant to Article 76 of the 2020 amended Law on Handling of Administrative Violations, individuals who are fined VND 2 million or more, if they are facing economic difficulties due to natural disasters, catastrophes, fires, epidemics, serious illnesses or accidents, can submit a request to postpone the execution of the penalty decision.
For the request for postponement to be approved, the violator must attach a confirmation document from the People's Committee of the commune where he/she resides, or the agency or organization where he/she studies or works. In cases involving serious illness or accident, additional confirmation from the medical facility is required.
The request must be sent to the person who issued the penalty decision within the prescribed time limit. Within 5 working days from the date of receipt of a complete and valid dossier, the competent authority will review and may issue a decision to suspend the execution. The maximum suspension period is 3 months. During this period, the individual may receive back the documents or means that have been temporarily seized.
However, what few people know is that after the postponement period, if the violator still cannot overcome economic difficulties, he or she can continue to apply for a partial reduction of the fine. This content is specifically regulated in Clause 1, Article 77 of the above code.
Accordingly, if an individual who has had his/her fine suspended continues to face difficulties due to natural disasters, epidemics, accidents or serious illnesses, he/she may be considered for a partial reduction of the fine stated in the penalty decision. The application for reduction must include confirmation of the circumstances from the local authorities, the workplace, and in cases related to health, a hospital certificate.
The law does not specify a specific reduction, but considers the violator’s level of hardship. In practice, the reduction can range from a few hundred thousand to a few million VND, depending on the specific circumstances and the penalty for the initial violation. Although not all cases are accepted, this is a legitimate right, demonstrating the humanity of the law.
It is important that violators know that they are allowed to file an application and should proactively complete the application according to the correct procedure. They should not, due to fear or lack of information, delay the payment of fines, leading to coercion, refusal to register, issue a new driver's license, or failure to complete other related administrative procedures.
