National Assembly passes Law on Handling of Administrative Violations
On the afternoon of June 20, the National Assembly held a plenary session in the hall, passing the Law on Handling of Administrative Violations with many new regulations and very severe penalties for handling administrative violations compared to the previous Ordinance.
The 3rd session of the 13th National Assembly took place from May 21 to June 21.
3 areas with maximum fines twice the general fine
Regarding the regulation on higher fines but not exceeding 2 times the general fines in the field of road traffic, environment and security, order and social safety in the inner city of a centrally-run city (paragraph 2, clause 1, Article 23 and clause 3, Article 23), through discussions at the meeting, the majority of opinions agreed with the provisions of the draft Law. However, there were opinions that disagreed with this provision; some opinions suggested that it should only be applied in Hanoi and Ho Chi Minh City; others suggested that it should be applied to all urban areas, including provincial cities.
Explaining this regulation, the Standing Committee of the National Assembly said that, due to the characteristics of the inner city of centrally-run cities with high population density, being the economic, social, political and administrative center of the whole country or region, if an administrative violation occurs in this area, the nature and level of danger will be higher, and the consequences will be greater. This regulation does not violate the principle of equality before the law, because in this area, anyone who violates will be punished equally.
However, the Law only allows for higher fines in three specific areas: road traffic, environment, and social order and safety. At the same time, not all areas apply a maximum fine twice as high as the general regulation, but depending on the actual conditions and specific socio-economic management requirements of each locality.
Regarding the maximum fine in each field, the Law clearly stipulates that the maximum fine in each field is 1 billion VND for individuals. At the same time, it clearly stipulates that "The maximum fine in the field of state management prescribed for organizations is twice the fine for individuals". In addition, the maximum fine for new fields not yet prescribed in this Law is prescribed by the Government after receiving the approval of the National Assembly Standing Committee.
Only confiscate exhibits and means of administrative violations due to intentional errors.
Regarding the penalty of temporary revocation of the right to use a license or practice certificate or temporary suspension of operations (Article 25). The Law clearly stipulates that this measure is applied to individuals and organizations that seriously violate the activities stated in the license or practice certificate. During the period of revocation of the right to use a license or practice certificate, individuals and organizations are not allowed to conduct the activities stated in the license or practice certificate.
The period of revocation of the right to use a license or practice certificate, and the period of suspension of operations is from 1 to 24 months, from the effective date of the penalty decision.
Regarding confiscation of exhibits and means of administrative violations (Article 26), the Law stipulates that confiscation of exhibits and means of administrative violations is the confiscation into the state budget of objects, money, goods, and means directly related to administrative violations, applied to serious administrative violations due to intentional faults of individuals and organizations.
Regarding the temporary detention of exhibits, means, licenses, and practice certificates according to administrative procedures (Article 125), it is clearly stipulated that the temporary detention of exhibits, means, licenses, and practice certificates according to administrative procedures shall only be applied in the following truly necessary cases: To verify circumstances where, if not temporarily detained, there is no basis for issuing a decision on sanction. In case of temporary detention to assess the value of administrative violation exhibits as a basis for determining the fine range and sanctioning authority; to immediately prevent administrative violations that, if not temporarily detained, will cause serious consequences to society; to ensure the enforcement of the sanctioning decision.
The temporary detention of exhibits and means prescribed in this article must be terminated immediately after the circumstances that form the basis for the penalty decision have been verified, the violation no longer poses a danger to society, or the penalty decision has been enforced. In cases where the fine is paid in installments, after paying the first fine, the violator shall receive back the exhibits and means that have been temporarily detained.
Through discussion, the majority of delegates agreed with the Government's proposal to remove the measure of sending prostitutes to medical facilities.
The Standing Committee of the National Assembly believes that the removal of this measure is to remedy the situation where prostitutes are still sent to medical facilities even though they do not have any diseases. Furthermore, applying this measure to prostitutes is too strict, not suitable for the nature and level of the violation and does not ensure fairness in the handling policy; their behavior is not to the extent that it requires the application of measures to restrict freedom, but only a fine as for sex buyers according to the provisions of the Ordinance on Prevention and Control of Prostitution is appropriate.
* Also on the afternoon of June 20, the National Assembly voted to pass the Law on Prices, the Law on Judicial Appraisal, the Law on Dissemination and Education of Law, the Law on Trade Unions (amended) and the Resolution of the National Assembly on the implementation of the Law on Handling of Administrative Violations.
According to (Chinhphu.vn)-LT
