Simplify penalty procedures: No need to make a record, promote administrative reform

Minister of Justice Nguyen Hai Ninh, authorized by the Prime Minister, presented the Report - Photo: VGP/Nhat Bac

On the morning of May 15, at the 9th Session of the 15th National Assembly , Minister of Justice Nguyen Hai Ninh, authorized by the Prime Minister, presented the Draft Law on amending and supplementing a number of articles of the Law on Handling of Administrative Violations (XLVPHC).

The Law Project has received great attention as it aims at many fundamental innovations in terms of authority, sanctioning procedures and application of technology in handling violations.

The report stated that amending the Law on Administrative Procedures is an urgent requirement to comply with the Party's policies, the Central Committee's Resolutions, and the Politburo's Resolutions on streamlining the organizational apparatus and promoting digital transformation.

At the same time, ensure consistency with other important laws that will also take effect from July 1, 2025, such as the Law on Organization of Local Government, the Law on Inspection, the Penal Code, etc.

In addition to the legal basis, the practice of implementing the current Law also reveals a series of shortcomings: The sanctioning authority of some positions is not commensurate with reality; the sanctioning procedure is still cumbersome; technology has not been fully utilized; the level of sanction without a record is still outdated, causing difficulties in management.

This draft Law proposes to amend and supplement the content of 63/143 articles, abolish 16 articles and add 2 completely new articles, focusing on three key groups of content.

Amend regulations on sanctioning authority when there is a change in position, duties and authority, ensuring continuity in management.

Prescribe general enforcement authority for the head of the competent sanctioning authority, instead of listing specific positions.

Abolish 16 articles regulating the authority of each position (such as Articles 38-51), replace them with a new article (37a), assigning the Government to specify details, ensuring flexibility and suitability with the streamlined apparatus.

Clarifying the form of making and signing administrative violation records electronically; supplementing regulations on sending penalty decisions electronically.

Add Article 18a on principles of handling violations in the electronic environment, creating a legal basis for digitizing the entire handling process.

Adjust the statute of limitations for handling cases transferred from criminal prosecution agencies, shortening it to 6 months from the date of receiving the file and not exceeding 3 years at most.

Adding maximum fines to new areas such as personal data protection, digital industry, sea and island management...

More flexible regulations on the time for transferring violation reports so as not to be rigid in handling.

Allow immediate sale of confiscated property in cases where the owner cannot be identified, limiting the backlog and waste of assets.

No record keeping, promoting decentralization and administrative reform

In addition, the draft Law also amends a number of contents to simplify procedures for handling administrative violations without making records, promoting decentralization and administrative reform.

According to Minister Nguyen Hai Ninh, this draft Law not only aims to overcome current difficulties but also aims at the long-term goal of increasing the effectiveness and efficiency of state management, ensuring feasibility, stability and consistency in the legal system, especially in the context of digital transformation taking place strongly in all fields.

The amendment and supplementation of the Law on Administrative Violations is a necessary and strategic step, contributing to perfecting the legal foundation for handling administrative violations in the digital age, ensuring citizens' rights and the strictness of the law.

Hai Lien

Source: https://baochinhphu.vn/don-gian-hoa-thu-tuc-xu-phat-khong-lap-bien-ban-day-manh-cai-cach-hanh-chinh-102250515135910174.htm