Continuing the program of the second phase 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.
Most of the delegates participating in the speech basically agreed with the contents of the draft Law. At the same time, he welcomed the drafting agency for accepting the opinions of National Assembly deputies to revise some contents accordingly.
Delegate Pham Van Hoa - Member of the National Assembly of Dong Thap province said that the drafting agency's failure to include the content of increasing the level of handling administrative violations in this draft Law is very welcome and appreciated.
Regarding the regulation of increasing the fine for administrative violations without making a record by 4 times, the Hoa delegate suggested that it should be reconsidered.
According to the delegate, the making of the record is related to the rights of violators. When being fined, if there are complaints and lawsuits, there is no basis for implementation.
"In some areas, there is a basis for sanctioning with cameras, but in some areas, if there are none, the sanction will not be really objective," said delegate Hoa.
Agreeing with the above opinion, delegate Nguyen Tam Hung - Member of the National Assembly of Ba Ria - Vung Tau province proposed that the drafting committee consider adding a provision that in case of not making a record, the penalty decision must be recorded and stored on the administrative violation handling database system, along with images and documents proving the violation.
According to the delegate, this regulation helps ensure transparency, avoid abuse of power and create effective inspection and supervision conditions.
Participating in contributing opinions, delegate Nguyen Thi Viet Nga - Member of the National Assembly of Hai Duong province suggested that the drafting agency continue to review and carefully study the content of applying the form of sending decisions to sanction administrative violations independently of traditional forms.
According to the delegate, not many people are currently proficient in the use of information technology. Many people do not have the habit of using email or accounts to access information and electronic documents. This situation is not only in rural and remote areas but also in urban areas.
Therefore, if we apply the form of sending decisions to handle administrative violations independently in traditional forms, it is easy to lead to people not receiving decisions on time, causing difficulties in implementation, complaints, and even arising disputes about the validity of the notification.
"I suggest that in the first phase, it should be regulated that the submission of electronic administrative penalty decisions is a supplementary form in parallel with traditional forms. Only in the later stages will it be considered an independent form," delegate Nguyen Thi Viet Nga suggested.
In addition, the Russian delegate also suggested that raising the fine to a high level for each specific violation should be considered, cautious and thorough.
Ms. Nga said that the effectiveness of handling violations depends not only on the fine level, but also on many different factors, such as propaganda, dissemination of legal education, strictness, transparency and fairness in law enforcement, handling violations.
At the same time, the penalty must be implemented promptly and in accordance with regulations, without exception, and without negative consequences during the handling process.
"I suggest considering research and creating conditions for subjects who are unable to comply with handling administrative violations by imposing fines at a level too high compared to income in some specific cases and behaviors.Consider partially replacing it with other forms of handling such as warning, forced remediation of consequences, education in the community...", said delegate Nguyen Thi Viet Nga.
According to the content of the draft Law, administrative sanctions for violations without making records are applied to cases, including:
First, administrative violations that have been subject to warning or a maximum fine of VND 1,000,000 for individuals and VND 2,000,000 for organizations (current law is VND 250,000 for individuals and VND 500,000 for organizations).
Second, the violation is transferred by the competent authority conducting criminal proceedings according to the provisions of Clause 1, Article 63 of this Law.
