National Assembly: Only increase administrative fines for violations without a record by 2 times

Minister of Justice Nguyen Hai Ninh - Photo: GIA HAN

On the morning of June 25, with a majority of votes in favor, the National Assembly passed the law amending and supplementing a number of articles of the Law on Handling of Administrative Violations.

The level of administrative fines for violations without a record is consistent with the minimum wage increase.

Notably, the law has adjusted the fine increase for cases of administrative violations without making a record to lower than previously proposed.

Accordingly, administrative sanctions without making a record are applied to cases of warning or fines of up to 500,000 VND for individuals and 1 million VND for organizations.

Violations transferred by competent authorities conducting criminal proceedings (stipulated in Clause 1, Article 63) of this Law.

In case of administrative violations detected by technical and professional means and equipment, a record must be made. In case of administrative violation sanctions without a record, the competent person shall issue a decision to sanction on the spot.

Previously in April 2025, when announcing the draft law, the drafting committee proposed increasing the administrative penalty for not recording a record for individuals to 2.5 million VND and for organizations to 5 million VND, 10 times higher than current regulations.

When presented to the 9th session of the 15th National Assembly (June 2025), the bill proposed to increase the fine without a record by 4 times, from 250,000 VND to 1 million VND (for individuals) and from 500,000 VND to 2 million VND (for organizations).

Explaining that the final bill (before the National Assembly voted to pass it) only stipulated to increase the fine by two times, Minister of Justice Nguyen Hai Ninh said that some delegates suggested considering expanding the scope of fines without making a record due to concerns about affecting the right to appeal and transparency.

From that opinion, the bill was revised to only increase the maximum fine for non-recorded violations from VND 250,000 to VND 500,000 for individuals, and from VND 500,000 to VND 1 million for organizations (increased by 2 times), instead of 4 times as in the previous bill to match the minimum wage increase of 2.5 times.

At the same time, the method of determining the maximum penalty of the penalty framework (based on the provisions of the penalty framework) does not change.

According to Mr. Ninh, the adjustment of the regulation method will continue to be studied and evaluated in the process of developing a proposal to comprehensively amend the law in the coming time.

Adjusting the statute of limitations for administrative violations?

The new law also amends and supplements a number of provisions on the statute of limitations for administrative violations. According to current regulations, the statute of limitations for administrative violations in most areas is 1 year (2 years in some areas), calculated from the time the violation ends or the time the violation is discovered.

Accordingly, the statute of limitations for administrative violations is 1 year, except for the following cases: administrative violations in accounting; invoices; fees; insurance business; price management; securities; intellectual property; construction; fisheries; forestry; investigation, planning, exploration, exploitation and use of water resources;

Petroleum and other mineral activities; environmental protection; atomic energy; management and development of housing and offices; land; dykes; press; publishing; production, export, import, and trading of goods; production and trading of prohibited and counterfeit goods; management of overseas labor.

The statute of limitations for administrative sanctions for complaints, denunciations, recommendations and reflections is 2 years.

For administrative violations of tax and independent audit, the statute of limitations for handling administrative violations shall comply with the provisions of the law on tax administration and the law on independent audit.

In case of administrative sanctions against individuals and organizations transferred by the prosecution agency, the applicable statute of limitations for sanctions shall be extended by 1 year.

The time for the prosecuting agency to accept and consider the case is counted in the statute of limitations for handling administrative violations.

Explaining this regulation, Minister Nguyen Hai Ninh said that the majority of delegates proposed to keep the current statute of limitations for handling administrative violations unchanged, only increasing the statute of limitations for handling administrative violations for cases transferred by the prosecution agency to implement the opinion of the Central Steering Committee on preventing and combating corruption, waste, and negativity.

In response to comments, the draft law was revised to only increase the statute of limitations for each type of violation in current fields by 1 year (from 1 year to 2 years, from 2 years to 3 years) in cases of penalties for cases transferred by the prosecution agency, instead of the general 3-year regulation as in the previously submitted draft law.

Tuoitre.vn

Source: https://tuoitre.vn/quoc-hoi-chi-tang-muc-xu-phat-vi-pham-hanh-chinh-khong-lap-bien-ban-gap-2-lan-20250625100411776.htm