Specific regulations on inspection work to avoid hundreds of flowers blooming
On the afternoon of May 16, the National Assembly discussed in groups the draft Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations.
Delegate Do Duc Hien (HCMC Delegation) was concerned about the authority to sanction administrative violations. The current law specifically stipulates the positions with the authority to impose penalties. However, due to the impact of the apparatus arrangement, these positions have changed in recent times.
To be flexible in the process of implementation, it is not necessary to specify specific titles, but specified according to the title system as appropriate. However, when arranging the apparatus of the inspection agencies in the direction of no more inspection in ministries and departments, leading to the competence of sanctioning administrative violations will have to comply with the competence of the specialized agency.
In which, the agencies will implement it in the form of inspections. When inspection detects violations, these agencies can propose administrative sanctions or administrative sanctions according to their authority.
According to the delegate, inspection is one of the functions of state agencies, but the procedures for conducting inspections are unclear, and there is no general legal document. If following the new proposal, specialized agencies will have the function of inspecting in their fields.
Therefore, the implementation of inspection work must have regulations, creating legal corridors to go to the bottom, avoiding the situation of "overcharging".
Handling violations, whether big or small, requires a record
Commenting on the content of increasing administrative fines for not making a record, delegate Nguyen Huu Chinh (Hanoi delegation) said that it is necessary to be very cautious.
Clause 1, Article 56 stipulates the increase in the maximum fine for administrative violation handling without making a record (increased 4 times, from 250,000 VND to 1,000,000 VND for individuals; from 500,000 VND to 2,000,000 VND for organizations).
According to the delegate, there are two cases of administrative handling without making a record: warning and fine. In principle, when handling violations, a record must be made to prove the violation because if there is no record, it can easily lead to arbitrariness of the handling agency.
Moreover, in case there is a complaint from the person being handled, there will be a lack of basis for consideration. "When fined from 500,000 VND to 1 million VND, what if the person being handled does not agree and complain that the handling agency does not have evidence?", the delegate raised the issue.
Moreover, according to the delegate, for many people, especially in rural areas, the penalty for administrative violations without making a record with individuals is up to 1 million VND.
Therefore, the delegate suggested that it is necessary to consider carefully and suggested that all cases of handling violations, whether large or small, need to be recorded.
Thereby, facilitating the rightful person to handle and meeting the requirements of the person being handled. When there is a complaint, the superior agency will base on the record, evidence, and documents to implement it.
