Title: Under what amount of fine do traffic police not need to issue an administrative violation penalty record?
How much fine is below which traffic police do not need to make an administrative violation sanction record?
Based on Article 56 of the Law on Handling Administrative Violations 2012, the regulations on sanctioning administrative violations without making a record are as follows:
Sanctioning administrative violations without making a record
1. Sanctioning administrative violations without making a record is applied in the case of a warning or fining up to VND 250,000 for individuals, VND 500,000 for organizations, and the person with the authority to sanction must issue an immediate administrative violation sanction decision.
In cases of administrative violations detected through the use of technical, professional means and equipment, a record must be made.
2. The immediate administrative violation sanction decision must clearly state the date, month, year of the decision; full name, address of the violating individual, or the name, address of the violating organization; the violating act; the location where the violation occurred; evidence and related circumstances to the resolution of the violation; full name, position of the person issuing the sanction decision; the article, clause of the applied legal document. In the case of a fine, the amount of the fine must be clearly stated in the decision.
The level of administrative violation sanctioning without making a record is applied in the case of: a warning or fining up to VND 250,000 for individuals, VND 500,000 for organizations. In this case, the traffic police must issue an immediate administrative violation sanction decision.
However, if the administrative violation is discovered through the use of technical and professional means and equipment, a record must be made.
How much fine is below which traffic police do not need to make an administrative violation sanction record? (Image from the Internet)
What are the methods to pay fines for administrative violations?
Based on the regulations in Article 78 of the Law on Handling Administrative Violations 2012 (amended by Clause 39, Article 1 of the Law on Handling Administrative Violations Amended 2020), the regulations are as follows:
Procedures for fine payment
During the execution period of the sanction decision as stipulated in Clause 2, Article 68 or Clause 2, Article 79 of this Law, individuals or organizations sanctioned must pay fines at the State Treasury or transfer to the State Treasury account stated in the sanction decision, except for the cases of paying fines according to Clause 2 of this Article. If the deadline exceeds, enforcement of the sanction decision will be applied and a daily delay in paying the fine incurs an additional 0.05% on the total unpaid fine amount.
2. In remote, border, and mountainous areas where travel is difficult, the sanctioned individual or organization can pay the fine to the person with the authority to sanction. The authorized person must collect the fine on the spot and submit it to the State Treasury or transfer to the State Treasury account within 7 days from the date of fine collection.
In case of sanctioning at sea or outside office hours, the authorized person can directly collect the fine and must submit it to the State Treasury or transfer to the State Treasury account within 2 working days from the date ashore or the date of fine collection.
3. Individuals and organizations sanctioned with fines must pay the fine in a single payment, except for the case stipulated in Article 79 of this Law.
In all fine collection cases, the person collecting the fine is responsible for issuing the fine payment receipt to the individual or organization paying the fine.
4. the Government of Vietnam specifies the details of this Article.
Administrative violation fines can be paid through the following methods:
- Direct cash payment at the State Treasury or commercial banks where the State Treasury opens accounts as stated in the sanction decision.
- Bank transfer to the State Treasury account as stated in the sanction decision via the National Public Service Portal or electronic payment services of banks or intermediary payment service providers.
What is the deadline for paying traffic violation fines?
Based on the regulations in Article 78 of the Law on Handling Administrative Violations 2012 (amended by Clause 39, Article 1 of the Law on Handling Administrative Violations Amended 2020), the deadline for paying traffic violation fines depends on each case as follows:
- In the case of paying fines in installments: The deadline for paying fines in installments is no more than 6 months from the date the sanction decision comes into effect.
- In remote, border, and mountainous areas where travel is difficult, the sanctioned individual or organization can pay the fine to the person with the authority to sanction. The authorized person must collect the fine on the spot and submit it to the State Treasury or transfer to the State Treasury account within 7 days from the date of fine collection.
- In case of sanctioning at sea or outside office hours, the authorized person can directly collect the fine and must submit it to the State Treasury or transfer to the State Treasury account within 2 working days from the date ashore or the date of fine collection.
- If not in the above cases, the deadline for paying traffic violation fines is 10 days from the date of receiving the sanction decision; if the sanction decision states a longer execution period than 10 days, follow that period.
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