This morning (July 3), the Office of the President held a press conference to announce the President's Order promulgating the Laws and Orders recently passed by the 15th National Assembly at the 9th Session, including the Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations (VPHC).
Informing about some new points of the law, Mr. Nguyen Thanh Tu - Deputy Minister of Justice - stated that the Law amends and supplements regulations on the statute of limitations for handling administrative violations in cases where the criminal prosecution agency forwarded the case according to the recommendation of the Central Steering Committee on preventing and combating corruption, waste and negativity.
Accordingly, the Law stipulates an extension of the validity period for each type of violation in current fields by 1 year (from 1 year to 2 years; from 2 years to 3 years) in case of handling administrative violations for the file sent by the prosecution agency.
The Law also adds regulations on handling administrative procedures in the electronic environment to institutionalize the policy of promoting the application of information technology and digital transformation in state management activities.
In particular, the Law adds maximum fines in some new areas such as complaints, denunciations, recommendations, reflections; data; digital technology industry; complex resource management and marine and island environmental protection; personal data protection.
According to Deputy Minister Nguyen Thanh Tu, the Law also amends and supplements regulations on the authority to sanction administrative violations to provisionally and comprehensively regulate groups of titles and the system of forces with authority to sanction, and assigns the Government and the National Assembly Standing Committee to specify in detail the authority to sanction, forms of sanctions and remedial measures for each position.
In addition, the Law amends and supplements a number of regulations to simplify sanctions, specifically: Amending regulations on penalties for administrative violations without making a record (Article 56 of the Law on Handling of administrative violations) in the direction of increasing the maximum fine for implementing procedures for handling administrative violations without making a record (from 250,000 VND to 500,000 VND for individuals; from 500,000 VND to 1,000,000 VND for organizations).
The Law also amends and supplements the temporary detention procedure (Article 125 of the Law on Administration of General Confiscation of Affairs). Accordingly, it is clearly regulated that when temporarily detaining exhibits and vehicles under VPHC at the same time as the time of making the VPHC record, there is no need to make a temporary detention record, helping to reduce cases that need to make a temporary detention record; adding cases that do not have to carry out sealing procedures when temporarily detaining, contributing to simplifying the process and procedures for temporary detention.
Regarding the handling of exhibits and means of VPHC in cases where the violator, owner, manager or legal user of exhibits and means cannot be identified, the Law supplements regulations on handling exhibits and means of VPHC that are temporarily detained in cases where the violator, owner, manager or legal user does not come to receive and the violator, owner, manager or legal user of exhibits and means cannot be identified according to the handling options prescribed in Point d, Clause 4, Article 125 and Clause 5, Article 126 of the Law on Handling of VPHC.
This regulation is supplemented to overcome the situation of backlog and overload in the preservation and management of exhibits and means of VPHC, at the same time, helping to avoid loss and waste of assets.
