On the morning of May 15, the National Assembly listened to the presentation and report on the review of the draft Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations.
Clause 23, Article 1 of the draft Law amending and supplementing Clause 1, Article 123 of the Law on Handling of Administrative Violations stipulates that a number of positions with the authority to sanction administrative violations have the right to decide to temporarily detain people according to administrative procedures such as:
Chairman of People's Committees at all levels; Chief of Commune-level Public Security; Head of the Professional Department under the Ministry of Public Security; Head of the Professional Department under the Provincial Police or equivalent position under the People's Public Security force;
The head of the head, commander of the Border Guard Steering Committee of the port gate, the captain, the commander, the commander of the Special Forces Delegation of Drug and Crime Prevention and Control, the Commander of the Provincial Border Guard; The captain, the commander of the region, the regional commander, the commander of the Coast Guard ...
Chairman of the Law and Justice Committee Hoang Thanh Tung found that detention under administrative procedures will affect human rights protected by the Constitution.
Therefore, it is appropriate to specify the positions with the authority to temporarily detain people under administrative procedures in the draft Law.
At the same time, it is agreed to add the sanctioning authority of the head of the inspection team within the period of performing inspection tasks to ensure timeliness in handling administrative violations when the draft Law on Inspection (amended) does not continue to regulate the organization of specialized inspections at ministries and ministerial-level agencies (except for some specialized units).
It is recommended to continue reviewing each position with the authority to sanction administrative violations to ensure consistency with relevant laws.
For example, the draft law stipulates that the person competent to sanction administrative violations includes: Inspector, Head of Inspection Delegation within the inspection period; Heads of inspection agencies in People's Army, People's Police, State Bank of Vietnam; Heads of cipher inspection agency; Heads of inspection agencies under international treaties.
However, the Draft Law on Inspection (amended) only stipulates that competent titles sanctioning administrative violations include: inspection decisions and titles competent to sanction administrative violations in accordance with the law on handling administrative violations including: Chief Inspector (Ministry of Public Security, Ministry of Defense, State Bank), Head of inspection team, members of inspectors.
The draft law also stipulates the handling of exhibits, vehicles, licenses, and practice certificates that are temporarily detained according to administrative procedures.
The Law and Justice Committee agrees that there should be solutions to continue perfecting this regulation, overcoming shortcomings in handling exhibits and means in the past such as lack of storage facilities, damaged exhibits and means causing waste of property.
