Continuing the second session of the 9th session of the 15th National Assembly, on the afternoon of June 11, the National Assembly discussed in the hall the Draft Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations.
Reasons for not proposing to increase maximum fines
Speaking to the press on the sidelines of the National Assembly, Minister of Justice Nguyen Hai Ninh said that this law amendment focuses on regulations to serve the arrangement and streamlining of the apparatus and organization of local governments at both levels.
Regarding the issue that many National Assembly deputies are concerned about, the increase in maximum fines is not suitable for people's income and living standards.
Regarding this issue, Minister Nguyen Hai Ninh affirmed that the draft Law submitted to the National Assembly this time does not propose to adjust the maximum fine for any field of State management, but only reviews and adds a number of new fields that have not been stipulated in current law.
According to the Minister, major issues that have a direct impact on people and businesses will continue to be studied, summarized in practice, and fully and comprehensively assessed for impact to be submitted to the National Assembly for consideration when comprehensively amending the Law on Handling of Administrative Violations in the coming time.
Another content that National Assembly deputies are also interested in discussing is the draft Law on the proposed change of the limit for fines applied to unregistered penalties from " Fine up to VND 250,000 for individuals, VND 500,000 for organizations" to " Fine up to VND 1,000,000 for individuals, VND 2,000,000 for organizations".
According to the Minister of Justice, there are 3 reasons to propose amending this regulation.
Firstly, the amendment aims to contribute to simplifying procedures for handling administrative violations for individuals and organizations that violate.
Accordingly, with the procedure of not making a record, the handover of the penalty decision is carried out more quickly and conveniently, because violators can receive the decision on the spot, saving time, not having to wait or travel to receive the penalty decision.
Secondly, the above increase still ensures the nature of "small violations, simple sanctions", ensuring compatible with the current socio-economic context and in line with the situation of income and price fluctuations compared to 2012 - the time of issuance of this regulation.
Third, the penalty for not making a record still fully complies with the procedures prescribed by law.
Regarding concerns that the handling of administrative violations without making records may not be objective, Minister Nguyen Hai Ninh said that during the handling process, the competent person must have sufficient grounds to prove the violation and must issue a decision on the spot.
In addition, the decision must clearly state the basis, violation, penalty level and applicable legal basis. At the same time, the amount of fines must still be sent to the state treasury account for control, comparison...
"Personals and organizations that are subject to sanctions still have the right to complain and file a lawsuit against a decision to handle administrative violations issued according to the procedure of not making a record according to the provisions of law. Therefore, the legitimate rights and interests of individuals and organizations that are subject to sanctions are still guaranteed, said Minister of Justice Nguyen Hai Ninh.
Regarding the above issue, the Minister of Justice also said that the drafting agency will study and absorb the opinions of delegates, report to the Government and the National Assembly Standing Committee to complete the draft law.
Handling exhibits and means of violation must be made public
In order to overcome difficulties and obstacles in handling temporarily detained exhibits and means of administrative violation and avoid causing loss and waste of assets of the State, organizations and individuals, the draft Law has added regulations on handling some types of exhibits and means of administrative violation that are temporarily detained in cases where the temporary detention period expires without identifying the violator, owner, manager or legal user of the exhibits and means.
Accordingly, if exhibits and means of administrative violation are likely to be damaged or of poor quality during management and preservation, the temporary detainer must immediately report to the head directly for handling. If they are damaged or lost, compensation must be paid.
If the exhibits and means of administrative violation pose a risk of causing fire and explosion, environmental pollution or affecting public health during the management and preservation process, destruction must be carried out.
The draft law also clearly stipulates the time to implement the above handling options to ensure the right to own and use assets of organizations and individuals.
The Minister of Justice emphasized that the handling of exhibits and means must ensure compliance with the principles of "publicity, objectivity, proper authority, fairness, and compliance with legal regulations" in handling administrative violations.
