From 2022, who will be exempted from traffic violation fines?
The exemption applies to people fined 2 million VND or more, instead of the current level of 3 million VND.
This is one of the new points inLaw on Handling of Administrative Violations2020 takes effect from January 1, 2022. Organizations fined from VND 100,000,000 or more are also eligible for partial exemption from administrative fines.
Cases of fine exemption
Individuals facing economic difficulties due to natural disasters, catastrophes, fires, epidemics, serious illnesses, or accidents will be exempted from administrative fines. However, they need confirmation from the People's Committee of the commune where they reside or the agency or organization where they study or work.
Organizations that continue to encounter special or sudden economic difficulties due to natural disasters, catastrophes, fires, or epidemics must also have confirmation from the People's Committee at the commune level, the Management Board of industrial parks, export processing zones, high-tech zones, economic zones, the directly managing Tax authority, or the directly superior agency.
The 2020 Law on Handling of Administrative Violations for the first time provides more specific regulations on cases of exemption and reduction, as it has divided them into 2 levels of exemption and reduction. Accordingly, a part of the remaining fine stated in the penalty decision will be exempted from the individual due to the inability to execute the decision if it falls into one of the following cases:
- Having had a part of the fine reduced but continuing to face economic difficulties due to natural disasters, catastrophes, fires, epidemics, serious illnesses, or accidents.
- Having paid the fine for the first or second time in case of being allowed to pay the fine multiple times but facing special or sudden economic difficulties due to natural disasters, catastrophes, fires, epidemics, serious illnesses, or accidents.
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| Traffic police fine traffic violations at the toll station on the Hanoi-Hai Phong highway. Photo: Ba Do |
The organization is exempted from the remaining fine stated in the penalty decision when it meets the following conditions:
- Has had a part of the fine reduced or has paid the fine for the first or second time in case of multiple fine payments.
- Completed the execution of additional penalties and remedial measures recorded in the penalty decision.
- Continue to encounter special or sudden economic difficulties due to natural disasters, catastrophes, fires, or epidemics.
The entire fine shall be exempted when an individual who has had a part of the fine deferred continues to face economic difficulties due to natural disasters, catastrophes, fires, epidemics, serious illnesses, or accidents. This provision applies to the following cases:
- Being fined from 2,000,000 VND or more, facing special or sudden economic difficulties due to natural disasters, catastrophes, fires, epidemics, serious illnesses, or accidents.
- The organization is exempted from the entire fine stated in the penalty decision when the enforcement of the penalty decision has been partially suspended. When the additional penalty has been enforced, the remedial measures are stated in the penalty decision;
- Continue to encounter special or sudden economic difficulties due to natural disasters, catastrophes, fires, or epidemics.
To be exempted from fines, individuals and organizations must submit a request for fine reduction or exemption, accompanied by confirmation from the competent authority or organization, to the person who issued the penalty decision.
Within 5 working days from the date of receipt of the application, the person who issued the penalty decision shall consider and decide on the reduction or exemption and notify the person requesting the reduction or exemption; if he/she does not agree with the reduction or exemption, he/she must clearly state the reason.
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