Lawyer Nguyen Tinh, Deputy Head of Tinh Hoa Viet Law Office, said that in principle, when committing administrative violations such as traffic law violations, people are responsible for paying fines.
If violators intentionally do not pay the fine, they will face many complicated consequences later. For example, during the Lunar New Year, people violate traffic laws with alcohol concentration. If they overpay the fine, people may be charged interest. Clause 2, Article 78 of the Law on Handling of Administrative Violations stipulates that the interest rate for late payment of traffic violations is currently 0.05% per day.
If they still intentionally fail to pay the fine, the violator may be subject to coercion according to regulations. Coercive measures according to the provisions of the Law on Handling of Administrative Violations include:
Deducting a portion of salary or a portion of income, deducting money from the accounts of violating individuals and organizations.
Seizure of assets with a value corresponding to the fine amount 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.
Lawyer Nguyen Tinh added that, to ensure that coercion, including pension deduction measures, is feasible, in addition to stipulating the responsibility of violators, the law also stipulates the responsibility of management agencies and units.
The responsibilities of management organizations and units are specified in Article 14 of Decree 296/2025/ND-CP effective from January 1, 2026.
Accordingly, the responsibilities of agencies, units, organizations, and employers managing salaries or personal incomes subject to deduction are as follows:
Agencies, units, organizations, and employers managing salaries, pensions or personal income subject to the measure of deducting a part of salary or a part of income are responsible for strictly complying with the enforcement decision of the enforcement decision maker.
Within 3 working days from the date of receipt of the most recent salary or income, agencies, units, organizations, and employers managing salaries, pensions, or income of individuals subject to coercion are responsible for deducting a portion of salaries, pensions, or income of individuals subject to coercive measures and transferring the deducted amount to the State Treasury account according to the content stated in the coercive decision, and at the same time notifying the coerced individual and the person issuing the coercive decision.
In case the amount of money according to the coercive decision has not been fully deducted and the individual subject to the coercive measure has terminated the contract with salary or income, the agency, unit, organization, and employer must immediately notify the person issuing the coercive decision.
In case agencies, units, organizations, and employers that are managing salaries or income of individuals are subject to measures to deduct a part of salary or a part of income, intentionally failing to cooperate in providing information or failing to enforce the coercive deduction decision of the competent authority, they are considered to have obstructive acts, failing to comply with the requests of law enforcement officers and will be handled according to the provisions of law.
After deduction, agencies, units, organizations, and employers managing salaries or incomes of deducted individuals are responsible for notifying in writing the person authorized to issue the coercive decision.
