Minister of Justice Nguyen Hai Ninh:

On the afternoon of June 11, the National Assembly discussed in the Hall the draft Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations (XLVPHC) with many opinions concerned about the scope of amendments and supplements to the Law as well as the amendment of the maximum fine level.

Hanoi Moi newspaper had a quick interview with Minister of Justice Nguyen Hai Ninh about this issue.

Minister of Justice Nguyen Hai Ninh. Photo: PV

- Dear Minister, I understand that the Law on Handling of Administrative Violations has been amended and supplemented with simplified procedures. Why is there such priority for this law?

- The draft Law amending and supplementing a number of articles of the Law on Administrative Violations is implemented according to a shortened order and procedure, with the orientation of focusing on amending and supplementing regulations serving the arrangement and streamlining of the apparatus and organization of two-level local governments.

The amendment and supplementation of the Law also aims to remove general difficulties and shortcomings, which are actually "bottlenecks" arising in practice, ensuring the implementation of policies to increase the application of digital technology and simplify administrative procedures.

- So the scope of the amendment of the new Law only stops at the most urgent regulations, Minister?

- That's right. This draft Law only reviews and supplements a number of new areas that are not yet regulated in the current Law on Administrative Violations, but have been adjusted in specialized laws, thereby ensuring consistency and meeting the requirements of state management in the new situation.

For example, adding areas such as personal data protection, digital technology industry, integrated management of marine resources and environment, to create a legal basis for sanctions in these areas in a transparent and synchronous manner.

As for the contents that still have many different opinions, which may have a major impact on the rights and obligations of individuals and organizations or change the principles of handling administrative violations, they have not been adjusted in this revision.

The Ministry of Justice and relevant agencies will continue to research, summarize practices and report to competent authorities to propose comprehensive amendments to the Law in the coming time.

- The public is particularly interested in the adjustment to increase the maximum fine in this draft Law because it is considered not suitable for people's income and living standards. How did the agency drafting this Law calculate the amendment to the maximum fine, Minister?

- The draft Law being submitted to the National Assembly does not propose to increase the maximum fine for any state management field specified in Article 24 of the current Law.

This draft Law only reviews and supplements a number of new areas that have not been regulated in the current Law to meet the requirements of state management in the new situation. For example, it supplements areas such as personal data protection, digital technology industry, and integrated management of marine resources and environment, to create a legal basis for transparent and consistent sanctions in these areas.

The content of increasing the maximum fine level is identified as a major issue, having a direct impact on people and businesses, so it will continue to be researched, summarized in practice, and assessed for full and comprehensive impact to be submitted to the National Assembly for consideration when implementing comprehensive amendments to the Law on Handling of Administrative Violations in the coming time.

- What about the regulation on amending the regulation on sanctioning administrative violations without making a record, Minister?

- The draft Law proposes to change the limit of fines applied to the procedure of sanctioning without making a record from "fines up to 250,000 VND for individuals, 500,000 VND for organizations" to "fines up to 1,000,000 VND for individuals, 2,000,000 VND for organizations". This provision is amended for the following reasons:

Firstly , to contribute to simplifying administrative violation handling procedures for individuals and organizations that violate. Accordingly, with the procedure of not making a record, the delivery of penalty decisions is carried out more quickly and conveniently, because violators can receive the decision on the spot, saving time, without having to wait or travel to receive the penalty decision.

Second , the above increase still ensures the true nature of "minor violations, simple penalty procedures", ensuring compatibility with the current socio-economic context and in line with the situation of income and price fluctuations compared to 2012 - the time of promulgation of this regulation.

Third , the imposition of a fine without a record still fully complies with the procedures prescribed by law (for example, the competent person must have sufficient grounds to prove the violation and must issue a decision to impose a fine on the spot; the decision must clearly state the basis, violation, fine level and applicable legal basis; the amount of the fine must still be sent to the State Treasury account for control and reconciliation).

On the other hand, individuals and organizations that are administratively sanctioned still have the right to complain and file lawsuits against administrative violation handling decisions issued under procedures without making a record as prescribed by law. Therefore, the legitimate rights and interests of individuals and organizations that are sanctioned are still guaranteed.

Regarding some opinions of delegates suggesting to consider the regulation of limiting the fine level when handling administrative violations without making a record from "fine up to 250,000 VND for individuals, 500,000 VND for organizations" to "fine up to 500,000 VND for individuals, 1,000,000 VND for organizations", the drafting agency plans to study, absorb, and report to the Government and the National Assembly Standing Committee to complete the draft Law to submit to the National Assembly for consideration and decision.

- Regarding the amendment and supplementation of regulations on handling seized exhibits and means of administrative violations , does the Law have any solutions to remove difficulties and obstacles for both the people and law enforcement agencies?

- In order to overcome difficulties and obstacles in handling temporarily seized exhibits and means of administrative violations; to avoid loss and waste of assets of the State, organizations and individuals, the draft Law supplements regulations on handling of some types of temporarily seized exhibits and means of administrative violations in cases where the detention period has expired without identifying the violator, owner, manager or legal user of the exhibits and means in the following direction:

If the exhibits and means of administrative violations are likely to be damaged or degraded in quality during the management and preservation process, they shall be handled according to the provisions of Point b, Clause 4, Article 125 of the Law on Administrative Violations ( Point b, Clause 4, Article 125 of the Law on Administrative Violations stipulates that in cases where the exhibits are perishable goods, the person temporarily holding them must immediately report to the direct supervisor for handling. If they are damaged or lost, compensation must be paid according to the provisions of law ).

If the exhibits and means of administrative violations pose a risk of causing fire or explosion, environmental pollution or affecting public health during the management and preservation process, they shall be handled according to the provisions of Clause 5, Article 126 of the Law on Administrative Violations ( Clause 5, Article 126 of the Law on Administrative Violations stipulates that exhibits and means of administrative violations that are goods and items harmful to human health, livestock, crops and the environment, or toxic cultural products must be destroyed ).

In order to ensure the ownership and use of assets of organizations and individuals, the draft Law clearly stipulates the time for implementing the above handling options. Accordingly, the competent person must fully perform the notification responsibility at Point b, Clause 4, Article 126 of the Law on Handling of Administrative Violations ( the first notification must be made within 3 working days from the date of expiration of the temporary detention period for exhibits and means; the second notification must be made within 7 working days from the date of the first notification ) and may only implement the handling options after the second notification period. At the same time, the handling of exhibits and means must also ensure compliance with the principles of " publicity, objectivity, proper authority, ensuring fairness, and compliance with the provisions of law " in handling administrative violations as prescribed at Point b, Clause 1, Article 3 of the Law on Handling of Administrative Violations.

In addition, the draft Law also assigns the Government to regulate the handling of exhibits and means of administrative violations where the violator, owner, manager or legal user of the exhibits and means cannot be identified.

Based on the opinions of the National Assembly deputies and the conclusion of the chairman of today's session, the Ministry of Justice will continue to coordinate with relevant agencies and units to study and report to the Government on the content of the draft Law amending and supplementing a number of articles of the Law on Administrative Violations to submit to the National Assembly for approval according to regulations.

- Thank you very much, Minister!

Source: https://hanoimoi.vn/bo-truong-bo-tu-phap-nguyen-hai-ninh-khong-de-xuat-tang-muc-phat-vi-pham-hanh-chinh-toi-da-705254.html