On May 15, Minister of Justice Nguyen Hai Ninh, under the authorization of the Prime Minister, presented to the National Assembly a proposal for a Law amending and supplementing a number of articles of the Law on Handling Administrative Violations.
Notably, compared to the proposal presented at the National Assembly Standing Committee meeting on April 28, today’s proposal withdrew the suggestion to increase the maximum fine in several fields, including road traffic, beyond the current regulations.
Minister of Justice Nguyen Hai Ninh. Photo: Nhu Y
Regarding road traffic in Hanoi and the inner cities of centrally-run municipalities, the draft law stipulates that the fine can be higher, but not more than twice the common fine for the same violation in road traffic.
Additionally, this proposed fine level is also suggested for violations in the fields of environmental protection, security and social order, culture and advertising, land, construction, fire prevention and fighting, and food safety.
Impractical and Difficult to Determine
Assessing this content, Chairman of the Judicial Committee, Hoang Thanh Tung, stated that supplementing the regulation to double the fine level in several fields for Hanoi is unnecessary.
Specifically, the Capital Law of 2024 already stipulates that in Hanoi, the fine can be higher but must not exceed twice the common fine for the same violation in the following fields: “Culture, advertising, land, construction, fire prevention and fighting, food safety, road traffic, environmental protection, security and social order.”
“Therefore, if we do not supplement this content, the handling of administrative violations in the capital will still be applied separately according to the Capital Law,” said Mr. Tung.
Chairman of the Judicial Committee, Hoang Thanh Tung. Photo: Nhu Y
Regarding the suggestion to apply a doubled fine level in some fields for the inner cities of other centrally-run municipalities, the Committee proposed further research and practical assessment.
At the same time, they recommended a thorough impact assessment to consider this content when comprehensively amending the law, ensuring a balance between state management efficiency and the legitimate rights and interests of individuals and organizations.
On the other hand, according to the reviewing agency, the definition of the inner city area in the draft law is impractical and difficult to determine, especially as many localities are in the process of rearranging and merging.
According to clauses 1 and 2 of Article 24 of the 2012 Law on Handling Administrative Violations (amended in 2020), the highest fine for traffic violations by individuals is VND 75 million, and for organizations, it is VND 150 million.
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