This is the content stated in the report reviewing the draft Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations (VPHC) at the 9th Session, on the morning of May 15.
One of the notable contents is the fine level in Hanoi and the inner city of centrally-run cities.
The draft law supplements the regulation that for Hanoi and the inner city areas of centrally-run cities, the fine may be higher, but not exceeding 2 times the general fine applied to the same violation in the fields of road traffic; environmental protection; security, order, social safety; culture, advertising, land, construction, fire prevention, fighting, food safety.
Regarding this content, the Law and Justice Committee believes that adding the Hanoi area is unnecessary, because Point a, Clause 1, Article 33 of the Capital Law 2024 stipulates that the fine can be higher in Hanoi but not exceeding 2 times the general fine applied to the same corresponding violation in the fields of "culture, advertising, land, construction, fire prevention, fire fighting, food safety, road traffic, environmental protection, security, order, and social safety".
At the same time, Clause 1, Article 4 of the Capital Law stipulates that in case there are different provisions between the Capital Law and other laws and resolutions of the National Assembly on the same issue, the provisions of the Capital Law shall apply.
Therefore, in case of not supplementing this content, the penalty for administrative violations in the capital will still be applied separately according to the provisions of the Capital Law.
The addition of the fields of "culture, advertising, land, construction, fire prevention, fire fighting, food safety" to be applied with a fine of double the rate for the inner city of another centrally-run city needs to be summarized in practice and assessed for impact.
Because each locality has different socio-economic conditions and management requirements, the capital Hanoi has its own characteristics, with a high urbanization level different from other centrally-run cities.
On the other hand, the regulation of "inner-city areas" as in the draft law is not really suitable, feasible and difficult to determine, especially in the context that many localities are carrying out the arrangement, merger and consolidation of provincial and commune-level administrative units according to Resolution No. 60-NQ/TW and related laws and resolutions.
Therefore, it is recommended to continue studying this content, summarizing practices, and carefully assessing the impact to serve as a basis for consideration when comprehensively amending this law, ensuring harmony between the effectiveness of state management and the legitimate rights and interests of individuals and organizations.
The draft law also stipulates the increase of fines for civil servants who do not make records from 250,000 VND to 1,000,000 VND for individuals and from 500,000 VND to 2,000,000 VND for organizations.
The Law and Justice Committee approves this regulation to comply with socio-economic development conditions, because the fine for not making a record of VND 250,000 for individuals and 500,000 VND for organizations has been stipulated in the Law on Handling of Corruption in 2012.
At the same time, this regulation also helps simplify administrative procedures in handling violations.
