Law 67/2020/QH14 Amending, Supplementing Law on Administrative Violations
To increase the maximum fine in 10 fields from 2022
On November 13, 2020, the National Assembly issues the Law No. 67/2020/QH14 Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations.
Accordingly, the maximum fine in 10 fields of state management prescribed in the Law Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations shall increase. Such fields include road transport; social evil prevention and control; cipher; management and protection of national borders; education; electricity; protection of consumer interests; hydraulic work; press; and real estate business.
Besides, the Law provides additional provisions on the maximum fine for several fields such as belief; external affairs; rescue and salvage; cyber security; cyberinformation security; state audit; obstructing procedural activities.
The Law also amends and supplements provisions on postponement of execution of decisions on imposition of fines and fine reduction or exemption specified in Articles 76 and 77 of the Law on Handling of Administrative Violations in the direction that organizations may be entitled to postponement of execution of decisions on imposition of fines and fine reduction for timely removing difficulties for enterprises/organizations encountering an economic difficulty due to a natural disaster or fire (Clauses 37 and 38 of the Law No. 67/2020/QH14).
Several titles competent to handling administrative violations also are additionally provided, including Fisheries Resources Surveillance Force (Article 43a); National Competition Committee (Article 45a); State Audit Office of Vietnam (Article 48a), etc.
This Law takes effect on January 01, 2022.
For further details of the Law 67/2020/QH14, Click here
translation of the Official Gazette of the Vietnam News Agency
THE NATIONAL ASSEMBLY
THE SOCIALIST REPUBLIC OF VIETNAM
Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations
Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 15/2012/QH13 on Handling of Administrative Violations, which was amended and supplemented under Law No. 54/2014/QH13 and Law No. 18/2017/QH14
Article 1. To amend and supplement a number of articles of the Law on Handling of Administrative Violations
1. To amend and supplement Clause 5, Article 2 as follows:
“5. Recidivism means a case in which an individual or organization repeats the administrative violation for which he/she/it has been sanctioned under a decision on sanctioning of such violation while the time limit upon the expiration of which he/she/it is regarded as having never been administratively sanctioned has not expired; or a case in which an individual repeats the violation for which he/she is subject to application of an administrative handling measure under a decision on application of such measure while the time limit upon the expiration of which he/she is regarded as having never been subject to application of such measure has not expired.”.
2. To amend and supplement Point d, Clause 1, Article 3 as follows:
“d/ Administrative sanctioning may be conducted only when a law-prescribed administrative violation is committed.
An administrative violation shall be sanctioned only once.
If many persons jointly commit an administrative violation, each of them shall be sanctioned for such violation.
If a person commits many administrative violations or repeats an administrative violation, he/she shall be sanctioned for each violation, unless the repeated administrative violation is an aggravating circumstance as specified by the Government;”.
3. To amend and supplement Article 4 as follows:
“Article 4. Competence to prescribe the sanctioning of administrative violations and the application of administrative handling measures
1. In pursuance to this Law, the Government shall specify:
a/ Administrative violations; completed and in-progress administrative violations; sanctions, sanctioning levels and remedial measures for each administrative violation; entities subject to sanctioning; sanctioning competence of and specific fines to be imposed by each title holder, and competence to make written records of administrative violations; application of sanctions against administrative violations and remedial measures in each field of state management;