The statute of limitations and maximum fine for administrative violations have not been amended.

View of the meeting. Photo: media.quochoi.vn

Presenting the report, Minister of Justice Nguyen Hai Ninh said that the draft Law amending and supplementing the provisions of the Law on Handling of Administrative Violations is affected by the arrangement and organization of the apparatus, ensuring that the system of agencies and competent persons operate continuously, smoothly, and without interruption. Specifically, the authority to apply administrative handling measures is granted to grassroots positions such as Commune-level Police Chiefs instead of some district-level positions such as District-level Police Chiefs, District-level Labor, War Invalids and Social Affairs Department Heads as currently regulated.

In addition, continue to decentralize and delegate authority in handling administrative violations; strengthen the application of information technology, digital transformation and simplify administrative violation handling procedures; promptly overcome basic and general limitations and shortcomings in the implementation of the Law in the past. In particular, the draft Law stipulates that the statute of limitations for handling administrative violations in the field of administrative violations of road traffic order and safety is 3 years (the current regulation is 1 year).

Minister of Justice Nguyen Hai Ninh presents the report. Photo: media.quochoi.vn

In addition, the draft Law is expected to increase the maximum fine compared to current regulations in a number of areas: Fire prevention and fighting; rescue; security, order and social safety; road traffic; dykes; natural disaster prevention and control; network security; network information security.

Supplementing regulations on handling of seized exhibits, means, licenses, and practice certificates in cases where the detention period has expired but the violator, owner, manager, or legal user does not come to receive them and the violator, owner, manager, or legal user of the exhibits and means cannot be identified in the direction of: Specifying cases where it is allowed to immediately sell seized exhibits and means of administrative violations (such as the shelf life is less than 6 months from the time of detention and there are no suitable technical storage conditions; easily damaged, degraded in quality; at risk of causing fire or explosion, environmental pollution, or affecting public health; there is no storage location that meets the technical conditions for the type of exhibits and means detained and it is impossible to rent a warehouse, yard, or suitable storage means).

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

In the review report, Chairman of the National Assembly 's Committee on Law and Justice Hoang Thanh Tung proposed to clearly define the scope of amendments as contents serving the arrangement of the state apparatus and implementation of a two-level local government to suit the context of the ninth session.

Agreeing with the review report, Permanent Deputy Chairwoman of the National Assembly's Committee for People's Aspirations and Supervision Le Thi Nga proposed not to amend the contents on the statute of limitations for penalties and maximum fines because these are contents that have a great impact on the rights of individuals and organizations, while there has not been a full summary and assessment of the impact, but to continue to study to comprehensively amend this Law, as planned at the tenth session.

Concluding the session, Vice Chairman of the National Assembly Nguyen Khac Dinh said that the National Assembly Standing Committee proposed to approve the necessity of amending and supplementing the Law on Handling of Administrative Violations regarding the contents serving the reorganization of the state apparatus. At the same time, it proposed to continue studying to comprehensively amend the Law at the tenth session.

Source: https://hanoimoi.vn/chua-sua-thoi-hieu-muc-phat-tien-toi-da-xu-phat-vi-pham-hanh-chinh-700588.html