The Chairman of the People's Committee and the Chief of the Commune Police (new) will impose fines according to the authority of the district level.

On the morning of May 15, continuing the ninth session, the National Assembly listened to the presentation of the draft Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations.

Scene of the morning meeting on May 15. Photo: media.quochoi.vn

Presenting the report, Minister of Justice Nguyen Hai Ninh said that the draft Law amends regulations on the authority to prepare records, consider and decide to apply administrative measures, and enforce decisions to apply administrative measures to suit the 2-level local government system, 3-level police agencies (no district level), and a court system not organized at the district level.

The Minister said that, based on the recommendations of the Central Steering Committee on preventing and combating corruption, waste and negativity, the draft Law amends the provisions on the statute of limitations for administrative sanctions for cases transferred by criminal proceedings agencies in the direction of stipulating a specific statute of limitations of 6 months from the date the agency of the competent person receiving the case file receives the violation, and at the same time, the maximum limit is no more than 3 years from the time the violation ends or the time the violation is discovered to minimize the impact on the rights and interests of individuals and organizations.

The draft adds the maximum fines for a number of fields (complaints, denunciations, recommendations, reflections; digital technology industry; data; personal data protection; integrated management of resources and protection of the marine and island environment) at the request of the Central Steering Committee on preventing and combating corruption, waste, and negativity, the Central Internal Affairs Committee related to handling violations in inspection activities, handling complaints and denunciations and to meet urgent requirements in state management, ensuring consistency with regulations in relevant Laws.

The Draft Law stipulates additional provisions specifying cases where it is permitted to immediately sell (conditionally) seized exhibits and means of administrative violations in cases where the violator, owner, manager or legal user of the exhibits and means cannot be identified to overcome the backlog and overload in the preservation and management of exhibits and means of administrative violations, and at the same time, help avoid loss and waste of assets.

The transitional provisions in the draft Law allow the (new) Commune Police Chief to have the authority to impose fines under the authority of the District Police Chief; the (new) Commune People's Committee Chairman to have the authority to impose fines under the authority of the District People's Committee Chairman since the Law is passed.

Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung reports on the investigation. Photo: media.quochoi.vn

In the report on the review of the Law project, Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung said that the Committee found that the addition of the regulation that Hanoi city is subject to a fine level doubled in some areas such as "culture, advertising, land, construction, fire prevention and fighting, food safety" is unnecessary because the fine levels in these areas have been stipulated in the 2024 Law on the Capital; if this content is not added, the handling of administrative violations in the capital will still be applied separately according to the provisions of the Law on the Capital.

Regarding the addition of a number of areas where the fine is doubled for the inner city areas of other centrally-run cities, the Law and Justice Committee recommends continuing to research, summarize practices, and carefully assess impacts to serve as a basis for considering this content when comprehensively amending the Law, ensuring harmony between the effectiveness of state management and the rights and legitimate interests of individuals and organizations.

The Law and Justice Committee also agreed to add fields and maximum fines for violations in handling complaints, denunciations, recommendations and reflections to implement the request of competent authorities; for the proposal to add some new fields, it is recommended to clarify the reasons for the addition and the basis for determining the maximum fine in each field; for the increase in the maximum fine for some fields that have been stipulated in the current Law, it is recommended to continue to study and propose appropriate proposals when comprehensively amending the Law.

Source: https://hanoimoi.vn/chu-tich-ubnd-truong-cong-an-xa-moi-se-xu-phat-theo-tham-quyen-cua-cap-huyen-702306.html