What are the regulations on the principle of fine in sanctioning administrative violations when there are extenuating circumstances in Vietnam?
- Which circumstances are considered extenuating circumstances in sanctioning administrative violations?
- What circumstances are considered aggravating circumstances in sanctioning administrative violations?
- What are the regulations on the principle of fine in sanctioning administrative violations when there are extenuating circumstances in Vietnam?
Which circumstances are considered extenuating circumstances in sanctioning administrative violations?
In Article 9 of the 2012 Law on Handling Administrative Violations in Vietnam, the following circumstances shall be the extenuating circumstances:
- The violators have prevented or reduced harms done by the violations or volunteer to overcome the consequences, pay compensations;
- The violators have voluntarily reported their violations, honestly repenting their mistakes; actively help authorities detect administrative violations, handle administrative violations;
- The violators commit violations in the state of being spiritually incited by other persons’ illegal acts; beyond the limits of legitimate defense; exceeding the requirements of the emergency circumstances;
- The violators commit administrative violations due to being forced to or due to their material or spiritual dependence;
- The violators are pregnant women, old and weak persons, persons suffering from ailment or disability which restrict their capacity to perceive or to control their acts;
- The violators commit violations due to particularly difficult plights not caused by themselves;
- The violations are committed due to backwardness.
- Other extenuating circumstances regulated by the Government.
What are the regulations on the principle of fine in sanctioning administrative violations when there are extenuating circumstances in Vietnam? (Image from the Internet)
What circumstances are considered aggravating circumstances in sanctioning administrative violations?
The aggravating circumstances in sanctioning administrative violations specified in Article 10 of the 2012 Law on Handling Administrative Violations in Vietnam include:
- The administrative violations are committed in an organized manner;
- The administrative violations are committed many times or repeated;
- Inciting, dragging, using minors to commit administrative violations, forcing materially or spiritually dependent persons to commit violations;
- Using the persons who violators are clearly known as suffering from mental illness or others that cause their loss of cognitive ability or their ability to control their behaviors in order to commit the administrative violations;
- Reviling, defaming who is on duty; administrative violations as gangsters;
- Abusing one’s positions and powers to commit administrative violations;
- Taking advantage of war, natural calamity circumstances, disaster, epidemic diseases or other special difficulties of the society to commit administrative violations;
- Committing violations while serving criminal sentences or decisions on application of administrative violation handling measure;
- Continuing to commit administrative violations though the competent persons have requested the termination of such acts;
- After the violations, having committed acts of fleeing or concealing the administrative violations.
- Administrative violations of large-scale, large quantity or large value of goods;
- Administrative violations against many people, children, the elderly, people with disabilities, pregnant women.
What are the regulations on the principle of fine in sanctioning administrative violations when there are extenuating circumstances in Vietnam?
In Article 23 of the 2012 Law on Handling Administrative Violations in Vietnam, as amended by Clause 9, Article 1 of the 2020 Law on Amendments and supplements to certain articles of Law on Handling Administrative Violations on fines as follows:
Fines
1. The fine levels in sanctioning administrative violations range from VND 50,000 to VND 1,000,000,000 for individuals, VND 100,000 to VND 2,000,000 for organizations, except for those regulated in Clause 3, Article 24 of this Law.
For urban areas of central cities, the fine levels may be higher, but not exceeding 02 times compared with the common levels applied for the same violations in the fields of road traffic; environmental protection; security, order and social security.
2. The Government shall regulate the frame of fine levels or fines for specific administrative violations according to one of the following methods, but the highest fine frame does not exceed the maximum fine level specified in Article 24 of this Law:
a) Defining the minimum, the maximum fines;
b) Defining the number of times, the percentage of the value and quantity of violation goods, material evidences, violated subjects or revenue, interest earned from acts of administrative violations.
3. Based on types of acts, fine brackets or penalty amounts specified in the Government's Decrees and specific local socio-economic management requirements, People's Councils of centrally-affiliated cities shall have the right to decide fine brackets or specific penalty amounts for violations in the domains specified in Clause 1 of this Article but not exceeding the maximum penalty amounts for the respective fields specified in Article 24 of the Law.
4. The specific penalty amount for an act of administrative violation is the average of amounts within the fine bracket imposed for that act; if there is any extenuating circumstance, the penalty amount may be reduced but not lower than the minimum limit of the fine bracket; if there is any aggravating circumstance, the penalty amount may be increased, but not exceeding the maximum limit of the fine bracket.
The Government shall elaborate on this clause.
Thus, if there is any extenuating circumstance, the penalty amount may be reduced but not lower than the minimum limit of the fine bracket.
If there is any aggravating circumstance, the penalty amount may be increased, but not exceeding the maximum limit of the fine bracket.
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