Increase the administrative penalty for not making a record by 2 times
On the morning of June 25, with 434/434 delegates participating in the vote, the National Assembly passed the Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations. The law takes effect from July 1, 2025.
A notable new point of the law is to increase the maximum amount of money that does not need to be recorded from 250,000 VND for individuals and 500,000 VND for organizations to double, to 500,000 VND for individuals and 1,000,000 VND for organizations.
Minister of Justice Nguyen Hai Ninh said that some opinions suggested considering expanding the penalty of not making a record due to concerns affecting the right to complaint and transparency.
According to the Minister, the newly passed law does not increase the maximum fine for any field but only adds some new fields or is being regulated in specialized laws.
The law adds fields of complaints, denunciations, recommendations, and reflections with a maximum fine of 30 million VND. In the data field, the digital technology industry has a maximum fine of 100 million VND. The field of complex resource management and marine and island environmental protection has a maximum fine of 500 million VND.
Many opinions suggest increasing fines in the fields of road traffic, food safety, and health. However, according to the Minister of Justice, adjusting the maximum penalty is a big problem, with a large scope of impact, and the impact needs to be summarized and assessed fully and comprehensively.
Therefore, the draft law does not propose to increase the maximum fine for State management areas.
For areas that need to be increased to ensure deterrence, the Government will direct the drafting agency to pay attention, research and evaluate the overall proposal for amendments in the coming time.
Allowing the sale of exhibits and means of administrative violations
This revised law also stipulates that authorities are allowed to sell exhibits and means of administrative violations in some cases.
After 10 days from the date of expiration of the temporary detention period, the vehicle and the temporary detainer will be handled with the exhibits, the vehicle that may be damaged, the quality of which is impaired or the vehicles and exhibits that are at risk of causing fire and explosion, environmental pollution, affecting public health during management and preservation.
The proceeds from the sale of exhibits and means must be deposited into a temporary detention account opened at the State Treasury. If the period prescribed in Point b of this Clause expires and the violator, owner, manager or legal user does not come to receive the exhibits and means, the collected money shall be paid to the State budget.
The time of implementing plans to handle exhibits and means of violation is also specifically regulated, according to Minister Nguyen Hai Ninh.
Accordingly, the competent person must fully fulfill its notification responsibility. The first notification must be made within 3 working days from the date of expiration of the temporary detention period of exhibits and vehicles.
The second notification is made within 7 working days from the date of the first notification) and only the handling plans can be implemented after the second notification period.
The handling of exhibits and means must also ensure compliance with the principles of "publicity, objectivity, proper authority, ensuring fairness, in accordance with the provisions of law" in handling administrative violations.
