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, point a, clause 1, Article 6 of the Law on Handling of Administrative Violations specifically stipulates that the statute of limitations for administrative violations is 1 year, and at the same time, determining that some areas of complex nature apply a statute of limitations for 2 years.
However, through practical implementation, it shows that this regulation still reveals many difficulties and obstacles. First of all, in the field of road traffic order and safety, the situation of individuals and organizations being fined but not complying with penalty decisions is still quite common, especially in cases of fines through automatic monitoring systems of remote fines.
Although the Law on Road Traffic Order and Safety has stipulated that organizations and individuals who violate the law on road traffic order and safety but have not completed the request of competent state agencies on resolving administrative violations in the field of road traffic order and safety, the inspection of violating vehicles has not been resolved.
However, in reality, the first inspection cycle for non-transport business cars is 3 years. While the statute of limitations for administrative violations in this field is only 1 year.
This incompatibility has created a legal loophole for some vehicle owners to intentionally not comply with the penalty decision, waiting until the penalty period expires to fulfill their obligations.
From the above inadequacies, the Ministry of Public Security proposes in the draft statute of limitations for handling administrative violations (Article 6) as follows: The statute of limitations for sanctioning administrative violations is from 01 year to 03 years. Based on this regulation, the Government shall specify the statute of limitations for sanctioning administrative violations in each field.
Explaining the statute of limitations for administrative violations, the Ministry of Public Security said that the regulations are framing, general principles on the statute of limitations for administrative violations; and assigned the Government to specify details to ensure flexibility and suitability with current and future practices.
