Handling numerous cases of violations.
Along with socio -economic development, the situation of administrative violations in general, and in particular in the five areas of land; environment; construction; security, social order and safety; and prevention and control of social evils, has increased year by year and become more complex in the province.
Over the past three years (2021-2023), in the five monitored areas, localities and units have detected and handled many cases of violations. Organizations and individuals penalized for administrative violations have generally complied strictly with the penalty decisions of competent authorities, especially regarding the payment of fines.
Specifically, in the 9 monitored district-level localities, 1,185 administrative violation penalty decisions issued by the district-level People's Committee chairmen were fully enforced (accounting for 72%), with a total revenue of 10.29 billion VND. In the 3 monitored specialized departments and agencies, 15,854 administrative violation penalty decisions were fully enforced (accounting for 88.4%), with a total revenue of over 7.95 billion VND.
The results of administrative sanctions have had a positive impact, contributing to raising the awareness of law compliance among organizations and individual citizens; and have a deterrent effect, preventing violations of the law in the province.
However, according to the Provincial People's Council's monitoring team, the implementation of administrative violation penalties in practice remains inadequate. Many administrative violation penalty decisions issued by the Provincial Police, the Department of Natural Resources and Environment, and the 8 districts, towns, and cities have not been fully implemented after issuance.
The monitoring and enforcement of remedial measures and administrative penalty decisions are not carried out regularly and are often neglected. This leads to a low rate of enforcement of administrative penalty decisions, especially in the land sector.
In its report, the People's Committee of Tam Ky City stated that, in the field of land management, the Chairman of the People's Committee of the city had issued 96 decisions on administrative penalties, with fines totaling over 1 billion VND. Only 39 of these decisions have been implemented so far.
In Dien Ban town, out of 85 administrative penalty decisions in the field of land use issued by the Chairman of the People's Committee of the town, 79 decisions have not yet been implemented to remedy the consequences.
According to Mr. Tran Uc, Chairman of the Dien Ban Town People's Committee, the administrative penalty decisions issued by the Town People's Committee have not been complied with, but issuing enforcement decisions for these cases is facing difficulties and obstacles.
In this process, the application of coercive measures must be carried out in the order stipulated in Clause 2, Article 86 of the Law on Handling Administrative Violations. Subsequent measures should only be applied when those coercive measures cannot be applied or have been applied but have not yet collected the full amount of money subject to enforcement as per the enforcement decision.
According to Nguyen Cong Thanh, Vice Chairman of the Provincial People's Council, many agencies and units have not fully implemented measures to ensure the enforcement of administrative violation penalties, especially coercive measures to enforce administrative violation penalty decisions.
For example, in Nui Thanh district, there were no cases where enforcement measures were applied to enforce administrative penalties. Tam Ky city applied enforcement measures, but the rate was low; for instance, in the land sector, 7 enforcement decisions were issued, in the construction sector, 4 enforcement decisions were issued, but only 2 were successfully enforced. In Dien Ban district, 15 enforcement decisions were issued in the land sector, but no enforcement cases have been successfully carried out.
Enhance coordination and overcome limitations.
During a meeting with the Provincial People's Council's supervisory delegation, representatives from the Department of Natural Resources and Environment reported that they had issued and advised the Chairman of the Provincial People's Committee to issue 26 administrative violation penalty decisions. As of the reporting date, 23 organizations had completed the implementation of these decisions, with a total amount collected of nearly 2 billion VND.
Regarding cases that have not been fully resolved, according to Ms. Trinh Thi Minh Hai, Deputy Director of the Department of Natural Resources and Environment, procedures for enforcement are underway, but it is predicted to be very difficult. Individuals who have been fined lack the financial capacity to pay the fines, and organizations that have been fined have gone bankrupt or dissolved, making it difficult to enforce administrative penalty decisions.
For example, the TVM and TCT companies, which were fined for administrative violations by the Chairman of the Provincial People's Committee in 2021, have still not paid the fines. In cases where the entity fined for administrative violations is a state management agency, recovering the fines is very difficult because both are state budget funds, and state management agencies often lack the financial resources to pay the fines. Specifically, the Dien Ban Town Investment and Construction Project Management Board, which was fined by the Chairman of the Provincial People's Committee in 2023, has still not paid the fines…
In the recommendations made during the monitoring process, the Provincial People's Council's monitoring team requested the Provincial People's Committee to direct relevant departments, agencies, and district-level People's Committees to review and classify administrative violation penalties that are still within their validity period, and to develop solutions to expedite their implementation.
Focus on decisions with high fines and difficult-to-remedy consequences, minimizing decisions that have expired; report to the Provincial People's Council on the results of implementing 45 decisions that have been partially implemented and 410 decisions that have not yet been implemented at the mid-year regular session in 2025.
At the same time, assess the role and responsibilities of the competent authority in organizing the implementation of administrative sanctions. Regularly urge and remind violators to comply with sanction decisions, focusing on implementing measures to remedy the consequences.
Publicly disclose the list of individuals, units, and localities that are slow in implementing decisions of competent authorities or repeatedly violate regulations on the electronic portals of departments, sectors, and localities, and on the provincial public service portal.
In the coming period, according to Tran Xuan Vinh, Vice Chairman of the Provincial People's Council and Head of the Supervisory Delegation, the Provincial People's Committee needs to strengthen decentralization and delegation of authority in state management and the handling of administrative violations.
Strengthen coordination; clearly define responsibilities and effectively implement coordination in the process of handling administrative violation penalty cases involving multiple sectors and levels within the province; between specialized agencies at the district level and communes, wards, and towns to overcome limitations in the handling of administrative violations.
Source: https://baoquangnam.vn/chap-hanh-quy-dinh-phap-luat-ve-xu-ly-vi-pham-hanh-chinh-day-manh-phan-cap-quy-dinh-ro-trach-nhiem-3143856.html
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