On the morning of April 28, continuing the 44th session, under the chairmanship of Deputy Speaker of the National Assembly Nguyen Khac Dinh, the Standing Committee of the National Assembly gave its opinion on the draft Law amending and supplementing a number of articles of the Law on Handling Administrative Violations.
Amend and supplement regulations affected by the organizational restructuring.
Reporting at the session, Minister of Justice Nguyen Hai Ninh stated that the purpose of enacting the Law is to amend and supplement the provisions of the Law on Handling Administrative Violations affected by the restructuring and organization of the apparatus, ensuring that the system of agencies and competent authorities operates continuously, smoothly, and without interruption.
At the same time, continue to implement decentralization and delegation of authority within Imposing administrative penalties; strengthening the application of information technology, digital transformation, and simplifying procedures for handling administrative violations; promptly addressing fundamental and widespread limitations and shortcomings in the implementation of the Law in the past.
The draft Law amends and supplements the content of 64/143 articles (including amending and supplementing 26/143 articles, making technical corrections to 22/143 articles (excluding the amended and supplemented articles), and repealing 16 articles of the Law on Handling Administrative Violations) and adds 1 new article.
Regarding the amendments and additions, Minister Nguyen Hai Ninh stated that the specific regulations on the authority to impose administrative penalties for each position in Articles 38 to 51 of the Law on Handling Administrative Violations are no longer appropriate given the changes. reorganize the administrative structure.
Therefore, to ensure flexibility and adaptability to the new situation, Clause 4 of Article 1 of the draft Law proposes adding a provision on the authority to impose administrative penalties, specifying the titles and systems of forces authorized to impose administrative penalties, and assigning the Government to specify in detail the titles with the authority to impose penalties.
In parallel, Clause 31 of Article 1 of the draft Law proposes the repeal of 16 provisions regarding the authority to impose administrative penalties for each position in the current Law on Handling Administrative Violations.
Furthermore, the draft Law also promotes empowering the Standing Committee of the National Assembly and the Government to specify the positions with the authority to impose penalties; the authority to impose fines, apply forms of penalties, and remedial measures for each position, based on the force structure and specific positions already stipulated in the Law on Handling Administrative Violations.
Focus on revising the content related to the reorganization of the state apparatus.
Expressing his views on the review, Chairman of the Committee on Law and Justice Hoang Thanh Tung stated that the Committee agrees with the necessity of amending and supplementing the Law on Handling Administrative Violations for the reasons stated in the Government's submission.
The Committee on Law and Justice proposed clearly defining the scope of amendments as those serving the reorganization of the state apparatus and the implementation of a two-tiered local government system to align with the context of the 9th Session; amendments to provisions on the statute of limitations for penalties and maximum fines should not be made yet, as these provisions have a significant impact on the rights of individuals and organizations, and a full assessment of their impact has not been conducted. Further research is needed to comprehensively revise this Law, as planned for the 10th Session.
Regarding the statute of limitations for administrative violations, the reviewing agency agrees with increasing the statute of limitations for administrative violations referred by prosecuting agencies to address past difficulties, and with adding a statute of limitations for violations related to the handling of complaints, denunciations, petitions, and feedback to fulfill the requirements of competent authorities. At the same time, it is recommended not to amend the regulation on the statute of limitations for violations of road traffic order and safety, increasing it from 1 year to 3 years.
Regarding the maximum fines in various fields, the Committee on Law and Justice agreed to add a field and maximum fine for violations related to the handling of complaints, denunciations, petitions, and feedback, in order to fulfill the requirements of competent authorities.
Regarding the proposal to add several new areas, please provide explanations clarifying the reasons for the additions and the basis for determining the maximum fines in each area. Regarding increasing the maximum fines for some areas already regulated in the current Law, please continue to study and propose appropriate solutions during a comprehensive revision of the Law.
The draft law dossier is eligible to be submitted to the National Assembly at the 9th session.
During the discussion, opinions supported amending and supplementing the Law on Handling Administrative Violations to promptly institutionalize the Party's policy on streamlining the organizational structure of the political system and the two-tiered local government; and to promote decentralization and delegation of power. At the same time, it aims to overcome some common limitations and shortcomings of the current law; and ensure consistency and uniformity with related laws, especially those concerning the organization of the state apparatus.
In addition, opinions also suggested clarifying some regulations related to the scope of amendments and additions, the statute of limitations for handling administrative violations, the maximum fines in various fields, and the authority to impose administrative penalties...
Concluding the session, Vice Chairman of the National Assembly Nguyen Khac Dinh stated that the Standing Committee of the National Assembly highly appreciated the close coordination between the drafting agency and the reviewing agency in preparing the draft law dossier fully and in accordance with regulations, ensuring quality and meeting the conditions for submission to the National Assembly for consideration and approval at the 9th Session under the simplified procedure.
Regarding some specific contents of the draft Law, the Vice Chairman of the National Assembly stated that, concerning the scope of amendments and additions, the Standing Committee of the National Assembly proposed focusing only on urgent and truly necessary issues to serve the reorganization of the state apparatus, the implementation of a two-tiered local government, the promotion of decentralization and delegation of power, and adherence to the requirements of innovative thinking in lawmaking. Other contents are proposed to be further studied for comprehensive revision at the 10th Session.
Regarding the statute of limitations for penalties, the Standing Committee of the National Assembly agreed to increase the statute of limitations for violations referred by prosecuting agencies to address past difficulties and to add a statute of limitations for violations related to the handling of complaints, denunciations, petitions, and feedback at the request of competent authorities.
At the same time, it is suggested that further research, summarization, and thorough evaluation be conducted to propose amendments to the statute of limitations for penalties related to violations of road traffic order and safety when comprehensively revising the Law on Handling Administrative Violations.
Regarding the maximum fines in various fields, the Standing Committee of the National Assembly agreed to add a field and maximum fine for violations related to the handling of complaints, denunciations, petitions, and feedback; and requested clarification on the reasons for the addition and the basis for determining the maximum fines in these new fields.
Deputy Speaker of the National Assembly Nguyen Khac Dinh also noted that careful consideration should be given to adding regulations on handling seized evidence and vehicles under administrative procedures, ensuring strictness and harmony with the requirement to respect citizens' property rights protected by the Constitution.
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