The draft Law on Handling of Administrative Violations (amended) adds a provision that for Hanoi and the inner city of a centrally-run city, the fine may be higher, but not exceeding 2 times the general fine applied to the same violation in the fields of road traffic; environmental protection...
Regarding the above content, at the National Assembly's group meeting on the afternoon of May 16, delegate Tran Cong Phan - Binh Duong province said: "For the same violation, Hanoi and centrally-run cities have different fines than other places. This requires giving reasons, why they are so different to be convincing".
Delegate Tran Cong Phan gave a serious, objective contribution that needed to be scientifically explained.
For example, for traffic violations, why is the penalty higher?
Experts may propose the above regulation, in cities such as Hanoi and Ho Chi Minh City, with high population density and high traffic density, it is necessary to impose high fines so that traffic participants strictly comply with traffic laws, limiting congestion and accidents.
Even from this perspective, there will be conflicts, because Hue city is not a densely populated locality.
And this is an opposing opinion, in densely populated cities, with a lot of traffic but the traffic infrastructure has not met the requirements, traffic participants are more likely to violate in localities with clear roads. So a higher penalty may not be reasonable.
In principle, no matter where the citizen lives, it is mandatory to have the same awareness and comply with the same, there cannot be a difference between the people of this province and another city.
Regarding the spatial validity of a legal document, Clause 1, Article 155 of the Law on Promulgation of Legal Documents stipulates: Legal documents of central state agencies are valid nationwide and are applied to all agencies, organizations and individuals, except in cases where the legal documents of a superior state agency have authority or an international treaty of which the Socialist Republic of Vietnam is a member with other provisions.
Based on the above provisions, the Law on Handling of Administrative Violations (amended) is valid nationwide, but does not propose a penalty to create a difference between some localities and the remaining localities, is it appropriate or not?
Therefore, the proposal to double the level of administrative fines in 6 major cities needs to be carefully considered and considered.
If there is a basis, objective, and scientific, it will convince the people.
