Mr. Pham Van Thien in Hung Yen asked: "During the Lunar New Year, my friend came to wish Tet and was fined for violating alcohol concentration. My friend is now retired and receives a pension of 6 million VND/month. Please ask, in case my friend intentionally does not pay the fine, will her pension be deducted or not?
Answering this question, Lawyer Nguyen Thu Trang, Deputy Director of Heva Law Company Limited, said that Article 86 of the Law on Handling of Administrative Violations stipulates that the enforcement of sanctioning decisions is applied in the following cases:
Individuals and organizations sanctioned for administrative violations do not voluntarily comply with the sanctioning decision as prescribed in Article 73 of the Law on Handling of Administrative Violations.
Individuals and organizations committing administrative violations who do not voluntarily return funds to agencies that have taken remedial measures according to the provisions of Clause 5, Article 85 of the Law on Handling of Administrative Violations.
Coercive measures 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.
Forced to implement remedial measures specified in Clause 1, Article 28 of the Law on Handling of Administrative Violations.
Regarding the pension deduction level, it is stipulated in Article 13 of Decree 296/2025/ND-CP, effective from January 1, 2026.
Accordingly, the deduction of a part of salary or a part of income can be carried out many times, the ratio is as follows:
For salaries and pensions, the deduction rate each time does not exceed 30% of the total monthly actual salary and pension paid after deducting and paying social insurance, health insurance, unemployment insurance, personal income tax and must ensure the minimum living conditions of that person and the person being nurtured according to the provisions of law.
For other income items, the deduction rate each time does not exceed 50% of the total monthly income, but must ensure the minimum living conditions of that person and the person being nurtured according to the provisions of law.
Thus, according to current regulations, from January 1, 2026, individuals committing administrative violations who do not pay fines in accordance with regulations may be subject to the measure of deducting a part of their pension. The deduction level does not exceed 30% of the total monthly salary and pension actually paid.
