A draft amendment to the Law on Handling Administrative Violations was one of the issues discussed by deputies in group meetings on October 26.
Nguyen Ngoc Son, a deputy from Hai Phong, called for tighter control over new enforcement measures.
Discussing temporary exit suspension to ensure compliance with an administrative penalty decision, he said the measure has a major impact on freedom of movement and should be consistent with the Law on Exit and Entry of Vietnamese Citizens.
He said the law should clearly define the risk of flight, the obligation to give advance notice, the duration of the measure and the mechanism for ending it immediately once the obligation has been fulfilled. Nguyen Ngoc Son said people should not learn that their exit has been suspended only when they reach a border checkpoint.
For a measure requiring electricity or water service to be stopped, he called for clarification of its legal nature: is it enforcement of a penalty decision or an administrative measure intended to end an ongoing violation? If used, he said, it must not affect uninvolved third parties or essential needs.
Regarding the temporary suspension of vehicle inspections, vehicle registration or driving licences, the deputy also called for proportionality. The obligation to pay a fine should not become an excessive restriction on rights, he said.
Nguyen Ngoc Son proposed that the law specify the conditions for applying each measure, give priority to less intrusive options, and set out authority, time limits, notice requirements and an immediate review mechanism.
At the Hanoi delegation of the National Assembly, Nguyen Thi Tuyen, deputy secretary of the Government Party Committee, commented on a proposal to raise the maximum fines. She said the proposal was being considered as the economy has changed in scale and the nature and consequences of many violations have become more serious.
She cited violations involving environmental protection, food safety, finance and construction. In some cases, the benefit gained from a violation is greater than the fine, so violators may accept the penalty as a cost of continuing their activity.
If a fine is too low, a violator may treat it as a business expense, Nguyen Thi Tuyen said. She called higher maximum fines especially necessary in newer areas, including technical standards, measurement and quality, products and goods, environmental protection, and food hygiene and safety.
The deputy proposed setting fines according to three factors: the nature and severity of the violation, the harm caused to society, and the unlawful benefit obtained by the violator.
Serious intentional violations and repeated offences should receive penalties strong enough to deter them. First-time, less serious violations that can be remedied quickly should be treated differently, she said.
Nguyen Thi Tuyen also stressed the need to consider whether the rules can be enforced. If a very high fine is difficult to collect or does not help remedy the consequences, its practical effectiveness will remain limited.
Alongside higher maximum fines, she called for greater emphasis on measures to remedy harm, recover unlawful benefits, suspend the violating activity and restore the original condition.
The ultimate goal should be to stop violations and remedy the harm, not merely to collect more money, the deputy said.
On a proposal to extend the limitation period for administrative violations, deputies agreed that different groups of violations should be distinguished. One extended period should not apply to every case.
Nguyen Ngoc Son said a longer limitation period should not replace the duty to detect and handle violations promptly. Nguyen Thi Tuyen said simple procedural violations, where sufficient information and evidence are already available, should be detected and handled quickly to avoid difficulties for people and businesses.
Sources: Dân Trí
