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 (VPHC).
Delegate Phan Thi My Dung - Director of the Department of Justice of Long An province proposed not to assign the authority to sanction the head of the inspection team.
According to the delegate, continue to implement current regulations in the direction that if the inspection process discovers signs of law violations, the inspection team will record the violation, make a VPHC record and propose that its chief (the person with the authority to sanction) carry out the sanction according to its authority.
If it is in the field of another industry (for the interdisciplinary delegation), it is recommended to transfer the content to that industry for sanction according to authority, there is no problem.
The delegate also cited the regulation that the deadline of 1 year, from the date of the second notification, if the violator, owner, manager or legal user does not come to receive it, within 5 working days, the competent person must issue a decision to confiscate the exhibits and VPHC vehicles.
According to the delegate, the 1-year detention period is too long, leading to damage, loss of value, and social waste. In many cases, competent authorities only liquidate assets (sell scrap) after having a confiscation decision.
The detention of the vehicle for too long also caused a backlog of exhibits and means of violation, especially in the fields of road traffic (violation of alcohol concentration, no vehicle documents...), trade (smuggling, transportation of prohibited goods).
At that time, violators will abandon the exhibits due to the high fine, leading to many warehouse costs for preserving and managing the exhibits and means of violation, as well as many potential risks for the task force (the exhibits are sand, the pressure of the exhibits is damaged, degraded, reduced value, risk of fire and explosion...).
For the violating exhibits that are prohibited goods such as cigarettes, firecrackers, sugar, wine, clothes, etc., almost no violator, owner, manager or legal user will come to receive them.
The announcement twice on the mass media is also formal, people have not been able to access this source of information.
Therefore, the delegate suggested that based on the results of the examination and verification of the records of the competent authority to consider handling the exhibits and means without having to wait for the deadline of 1 year as prescribed.
Delegate Nguyen Thi Suu (Hue City Delegation) said that the record of handling administrative violations is an official document recording violations and related details and is the legal basis for handling and protecting the rights of related parties.
The Minutes are the basis for the subjects to be fined to complain if they feel that the penalty decision is unfair, affecting their legitimate rights and interests. The Minutes also make the process of handling violations transparent and increase people and businesses' confidence in the fairness of the law.
"Therefore, it is necessary to limit cases of non-recorded penalties or acts of penalties that do not require recording to have low fines and are less serious acts.
Considering the current socio-economic conditions, the income and spending level of the people, it is proposed to adjust the fine to 50% of the draft level," the delegate commented.
