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. One of the notable points is the regulation on coercive enforcement of administrative violation penalty decisions (Article 74).
The draft regulations on coercive enforcement of sanctioning decisions are applied in the following cases:
Individuals and organizations sanctioned for administrative violations do not voluntarily comply with the sanctioning decision as prescribed in Article 62 of this Law.
Individuals and organizations committing administrative violations who do not voluntarily return funds to agencies that have implemented remedial measures according to the provisions of Clause 5, Article 73 of this Law.
Individuals and organizations specified in Clause 1 of this Article are subject to one or more of the following coercive measures:
Deducting a portion of salary or a portion of income, deducting money from the accounts of violating individuals and organizations.
Seizure of assets for auction.
Collecting money and other assets from subjects subject to enforcement of decisions on administrative violations held by other individuals and organizations in cases where individuals and organizations intentionally dispose of assets after violations.
Temporarily suspend exit for individuals and heads of organizations who have not fully complied with the decision to sanction administrative violations.
Seal off headquarters, locations, establishments or parts of production, business, and service establishments.
Request to stop providing electricity and water services to works, production facilities, businesses, and services.
Temporarily suspend vehicle registration; temporarily suspend vehicle registration; temporarily suspend driver's license issuance.
Forced to implement remedial measures specified in Clause 1, Article 28 of this Law.
The Government specifies the enforcement of decisions on administrative violations.
According to the drafting agency, compared to current regulations, the draft adds new coercive measures to enforce penalty decisions, including:
Temporarily suspend vehicle registration; temporarily suspend vehicle registration; temporarily suspend driver's license issuance.
Temporarily suspend exit for individuals and heads of organizations who have not fully complied with the decision to sanction administrative violations.
Seal off headquarters, locations, establishments or parts of production, business, and service establishments.
Request to stop providing electricity and water services to works, production facilities, businesses, and services.
The Ministry of Public Security also said that the draft completes the law on the enforcement of decisions on administrative violations in the direction of amending, supplementing, and specifying, detailing, and clarifying measures to enforce decisions on administrative violations, specifically as follows:
Amending and supplementing in the direction of specific regulations for individuals and organizations committing administrative violations that are subject to one or more coercive measures as prescribed in the Law on Handling of Administrative Violations.
Compared to the provisions of the current Law on Handling Violations that only stipulate coercive measures for the enforcement of sanctioning decisions, this content specifically stipulates that individuals and organizations committing administrative violations may be subject to one or more coercive measures, avoiding the situation of many different understandings and application of the law.
Amending the measure of asset seizure in the direction of seizing assets for auction without having to be assets with a value corresponding to the fine amount.
