Vietnam’s government has proposed raising maximum administrative fines to about $57,000 for individuals and $115,000 for organizations, alongside new measures to enforce penalty decisions.
The National Assembly Standing Committee on the afternoon of September 23 discussed a draft revision to the Law on Handling Administrative Violations. Senior Lieutenant General Pham The Tung, Deputy Minister of Public Security, presented the government’s proposal.
Proposal would allow electricity, water and internet services to be cut
Senior Lieutenant General Pham The Tung, Deputy Minister of Public Security, presents the government’s proposal. Photo: National Assembly Media
Notably, the latest proposed revision would introduce several new measures to enforce administrative penalty decisions.
First, authorities could temporarily postpone the departure from Vietnam of individuals, or legal representatives of organizations, who have not fully complied with administrative penalty decisions when immediate action is considered necessary to prevent them from fleeing.
Second, authorities could seal offices, premises, facilities or sections of production, business and service establishments to enforce penalties involving the revocation of licenses or professional certificates, temporary suspension of operations, or remedial measures.
Third, electricity and water supplies could be suspended at construction sites and production, business or service facilities as an enforcement measure in cases involving the revocation of licenses or professional certificates, temporary suspension of operations, or remedial measures.
Fourth, authorities could temporarily suspend vehicle inspections and registrations, as well as the issuance of licenses to operate vehicles, to enforce administrative penalty decisions involving road and railway traffic safety, inland waterways, maritime transport and civil aviation.
Fifth, authorities could require the suspension of internet, telecommunications or digital infrastructure services, or impose technical blocking measures and restrict access for organizations and individuals that fail to comply with penalties involving the revocation of licenses or professional certificates, temporary suspension of operations, or remedial measures in the digital environment as prescribed by law.
The draft law would also specify the conditions under which enforcement measures could be applied, as well as exemptions, to ensure that matters directly affecting human and civil rights are regulated by law.
Tung said some opinions had called for a careful assessment of the necessity and impact of suspending internet, telecommunications and digital infrastructure services because such measures could directly restrict the rights and interests of individuals and organizations.
The drafting agency, however, considers the additional enforcement measure necessary to address practical needs and ensure compliance by organizations and individuals that fail to carry out supplementary penalties or remedial measures in the digital environment.
Need to identify the actual person responsible for a violation
Presenting the appraisal report, Phan Chi Hieu, Chairman of the National Assembly’s Committee for Legal and Judicial Affairs, said the committee’s standing body had identified concerns with several new enforcement measures proposed in the draft law.
Phan Chi Hieu, Chairman of the National Assembly’s Committee for Legal and Judicial Affairs. Photo: National Assembly Media
These include suspending electricity and water services to construction sites and production, business and service facilities, as well as suspending internet, telecommunications and digital infrastructure services or imposing technical blocks and access restrictions on organizations and individuals.
According to the reviewing body, these measures are primarily intended to suspend or terminate violations rather than enforce decisions imposing administrative penalties, meaning they do not fully correspond with the nature of such enforcement.
Regarding the proposed suspension of vehicle inspections and registrations and the issuance of licenses to operate vehicles, the committee said the measures focus on vehicles and assets rather than identifying and imposing consequences on the individual who actually committed the violation.
It therefore said the approach was not sufficiently fundamental or comprehensive.
The standing body of the Committee for Legal and Judicial Affairs called for further review and revision of these provisions to ensure that they are appropriate and feasible.
Notably, the government has proposed raising the maximum monetary penalty for administrative violations from about $38,000 to $57,000 for individuals and from about $77,000 to $115,000 for organizations.
The draft law would also add certain fields in which higher fines could be imposed. In cities and special economic zones, maximum fines for the same violation could be set at up to twice the generally applicable level.
The standing body of the Committee for Legal and Judicial Affairs cautioned that excessively high fines, if out of line with the actual financial capacity of most individuals and businesses, might not be effective.
It said that alongside higher monetary penalties, policymakers should consider more fundamental measures, including remedial actions and supplementary penalties such as revoking licenses or suspending operations.
Vietnamnet.vn
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