The Ministry of Public Security sent documents to the Ministry of Justice for appraisal of the draft policy dossier of the Law on Handling of Administrative Violations. In the Appraisal Documents, the Ministry of Public Security has a summary report on the implementation of the Law on Handling of Administrative Violations 2012.
According to the Ministry of Public Security, the maximum fine level stipulated in Article 24 of the Law on Handling of Administrative Violations, after more than 13 years of implementation, has revealed many inadequacies and is no longer suitable for reality.
In the context of our country's socio-economic situation undergoing strong changes, spending levels along with the increasingly expanding economic scale have made the maximum fine level in current sectors too low, lacking deterrence for violating entities.
The fine level in administrative violations and the maximum fine level in state management fields have been maintained from 2012 to present.
Meanwhile, the base salary in 2012 was 1,050,000 VND/month, by 2025 it will be 2,340,000 VND/month (2.2 times higher than in 2012). Vietnam's average income per capita in 2012 was about 2,000,000 VND/person/month, by 2024 it is about 7,700,000 VND/person/month (3.85 times higher than in 2012).
In many fields such as environment, food safety, minerals, network security, network information security, fire prevention and fighting..., the profit from violations is often many times higher than the maximum fine that functional agencies can apply.
This leads to fines not ensuring deterrence, prevention, and not commensurate with the nature and level of danger of the violation.
The Ministry of Public Security proposes a fine (Article 24) as follows:
The fine level in administrative violation handling is from 50,000 VND to 1,500,000 VND for individuals, from 100,000 VND to 3,000,000 VND for organizations, except for the cases specified in Clause 3, Article 24 of this Law.
For areas belonging to cities, the fine level may be higher, but not more than 2 times the common fine level applied to the same violations in the fields of road traffic order and safety; land; construction; environmental protection; security, order, social safety; food safety; fire prevention and fighting and rescue.
Based on the provisions of this Law, the Government stipulates the maximum fine level in each state management sector and the fine frame for specific administrative violations, but the maximum of the fine frame does not exceed the maximum fine level of each corresponding sector.
Based on the act, fine frame or fine level specified in the Government's decree and the specific socio-economic management requirements of the locality, the City People's Council has the right to decide the fine frame or specific fine level for violations in the fields specified in Clause 1 of this Article but not exceeding the maximum fine level for the corresponding field specified in Article 25 of this Law.
Cooperative groups and dependent units of legal entities committing administrative violations are subject to fines for administrative violating organizations; business households, households, and residential communities committing administrative violations are subject to fines for individuals committing administrative violations.
The specific fine level for an administrative violation is the average level of the fine frame prescribed for that act; if there are mitigating circumstances, the fine level may be reduced but not lower than the minimum level of the fine frame; if there are aggravating circumstances, the fine level may be increased but not exceeding the maximum level of the fine frame.
The Government shall specify this clause.
The draft also stipulates the maximum fine level in the following fields (Article 25):
The maximum fine level in state management fields for individuals is regulated by the Government.
The maximum fine in the field of state management specified in Clause 1 of this Article for organizations is equal to 2 times the fine for individuals.
The maximum fine level in the fields of: Taxation; metrology; food safety; product and goods quality; securities; competition; independent audit; personal data protection and other fields specified by specialized laws shall be implemented according to the provisions of corresponding laws.
