The Ministry of Construction has just sent the Ministry of Justice for appraisal of the draft Decree on administrative sanctions for violations in the road sector.
Article 17 of the draft Decree on the sanctioning authority of Chairmen of People's Committees at all levels is as follows:
The Chairman of the People's Committee at the commune level has the right to:
Fine up to 37,500,000 VND.
revoke the right to use a limited-term license or suspend its operation for a period of time.
Apply remedial measures prescribed in Article 3 of this Decree.
The Chairman of the Provincial People's Committee has the right to:
Fine up to 75,000,000 VND.
revoking the right to use a limited-term license or temporarily suspending operations;
Apply remedial measures prescribed in Article 3 of this Decree.
Comparing according to regulations, remedial measures according to Article 3 of the Decree are as follows:
For each administrative violation in road operations, organizations and individuals must be subject to the main form of punishment, which is a fine.
For each administrative violation in the road sector, in addition to being subject to the main penalty, organizations and individuals who commit violations will also be subject to one or more of the following additional penalties:
Suspend the organization of training.
Suspend construction activities.
Revoking the right to use the construction permit.
Revoking the right to use badges.
Revoking the right to use the transport business license.
For each administrative violation in the road sector, in addition to being subject to the main form of sanctions and additional sanctions, organizations and individuals with administrative violations will be subject to one or more of the following remedial measures:
Forced restoration of the original state that had been changed due to administrative violations.
Forced demolition of works, construction works without a permit or construction works not in accordance with the permit.
Forced to return any illegal profits gained from administrative violations.
Forced to dismantle attached and hung objects and install them in road signs; forced to relocate crops that obstruct the visibility of vehicle operators and road signs.
Forced to clean up waste, waste, vehicles, materials, materials, soil, rocks, goods, machinery, equipment, banners, signs, advertising signs, nails, sharp objects, ropes, other items and obstacles.
Forced to supplement and repair lost or damaged signs; repair damage to road works.
Forced to register and post complete and accurate information according to regulations.
Forced to reserve appropriate drainage for works in the road infrastructure according to regulations.
The principle of applying remedial measures is implemented according to the provisions of Clause 2, Article 28 of the Law on Handling of Administrative Violations.
