Will persons joining military service be considered for exemption or reduction of late payment fines due to administrative violations?
- Thủ tục nộp phạt giao thông được quy định như thế nào?What are the regulations on procedures for paying traffic fines?
- In which case are the traffic administrative fines reduced or exempted?
- Will persons joining military service be considered for exemption or reduction of late payment fines due to administrative violations?
Thủ tục nộp phạt giao thông được quy định như thế nào?What are the regulations on procedures for paying traffic fines?
Pursuant to Article 78 of the Law on handling administrative violations 2012 of Vietnam on procedures for paying fines:
- During the period of execution of the sanction decision specified in Clause 2 of Article 68 or Clause 2 of Article 79 of this Law, sanctioned individuals and organizations must pay fines at the State Treasury or into the State Treasury's account specified in each sanction decision, except if the fine has already been paid under the provisions of clause 2 of this Article. Upon expiry of the above period, they shall be forced to execute the sanction decision and, for each day exceeding the period, the violating individual or organization must pay an additional amount accounting for 0.05% of the total outstanding fine (amended by Clause 39 Article 1 of amendments and supplements to certain articles of law on handling of administrative violations 2020 of Vietnam).
- In remote areas, border areas, mountainous areas where going meets difficulties, sanctioned individuals or organizations may pay fines for the persons with sanctioning competence. The persons with sanctioning competence shall collect fines on spot and remit at State Treasuries or into accounts of State Treasuries within 07 working days, as from the date of collecting fines.
In case sanction performed on sea or outside working hour, persons with sanctioning competence may collect directly fines and must remit at State Treasuries or remit into accounts of State Treasuries within 02 working days, as from the day coming ashore or collecting fines.
- Individuals, organizations conducting administrative violation and being fined must pay fines one time, except for case specified in Article 79 of this Law.
All cases of collecting fines, the fine collectors shall hand vouchers colleting fines to individuals, organizations paying fines.
- The Government provides in details this Article.
Will persons joining military service be considered for exemption or reduction of late payment fines due to administrative violations?
In which case are the traffic administrative fines reduced or exempted?
Pursuant to Clause 38 Article 1 of amendments and supplements to certain articles of law on handling of administrative violations 2020 of Vietnam on administrative fine reduction or exemption:
- The reduction in a part of the fine specified in a sanctioning decision against the violating individual and organization that have already obtained permission for adjournment of execution of the sanction decision according to the provisions of Article 76 of this Law shall be granted if the following regulations are met:
+ The violating individual continues to be in a difficult economic situation caused by natural disaster, conflagration, calamity, accident, and obtains certification from the People's Committee of the commune where he/she are residing, or the organization where he/she is studying or working is located;
+ The violating organization is facing economic difficulties due to natural disaster, catastrophe, fire or epidemic, and obtains the certification of the People's Committee of commune, Management Board of industrial parks, export processing zones or hi-tech zones, economic zones, or the directly supervisory tax authority or the directly superior authority.
- The violating individual may be granted an exemption from the remaining fine stated in the sanction decision due to his/her incapability of enforcing or executing the sanction decision if one of the following situations occurs:
+ Despite being granted the reduction in a part of the fine prescribed in clause 1 of this Article, he/she continues to be in a difficult economic situation caused by natural disaster, conflagration, calamity, epidemic, fatal disease or accident, and obtains the certification from the People's Committee of the commune where he/she is residing, or the organization where he/she is studying or working;
+ He/she already pays the fine in the first or second installment in case of being permitted to make installment payment of the fine under the provisions of Article 79 herein, but is still facing special or unexpected economic difficulties due to natural disaster, calamity, fire, epidemic, fatal disease or accident, and obtains the certification of the People's Committee of the commune where he/she is residing, or the organization where he/she is learning or working; if he/she faces unexpected economic difficulties due to fatal disease or accident, the certification granted by a medical establishment at the district or higher level shall be further required.
- The violating organization shall be exempt from payment of the residual amount of fine stated in the sanction decision when they fully meet the following conditions:
+ They have been granted a reduction in a part of the fine prescribed in clause 1 of this Article or have already paid the fine for the first or second installment if they are entitled to installment payment of the fine under the provisions of Article 79 herein;
+ Supplementary penalties and relief or remedial measures stated in sanction decisions have been completely executed;
+ The violating organization continues to face economic difficulties due to natural disaster, catastrophe, fire or epidemic, and obtains the certification of the People's Committee of commune, Management Board of industrial parks, export processing zones or hi-tech zones, economic zones, or the directly supervisory tax authority or the directly superior authority.
- The violating individual may be granted an exemption from payment of the remaining fine stated in the sanction decision due to his/her incapability of enforcing or executing the sanction decision if one of the following situations occurs:
+ Despite being granted the adjournment of the fine charge decision as prescribed in Article 76 of this Law, he/she continues to be in a difficult economic situation caused by natural disaster, calamity, fire, epidemic, fatal disease or accident, and obtains the certification from the People's Committee of the commune where he/she is residing, or the organization where he/she is studying or working;
+ He/she is already fined at least VND 2,000,000 and is facing special or unexpected economic difficulties due to natural disaster, calamity, fire, epidemic, fatal disease or accident, and obtains the certification of the People's Committee of the commune where he/she is residing, or the organization where he/she is learning or working; if he/she faces unexpected economic difficulties due to fatal disease or accident, the certification granted by a medical establishment at the district or higher level shall be further required.
- The violating organization shall be exempt from payment of the entirety of the fine stated in the sanction decision if the following conditions are fully met:
+ Adjournment of execution or enforcement of the fine charge decision prescribed under Article 76 herein has been granted;
+ Supplementary penalties and relief or remedial measures stated in sanction decisions have been completely executed;
+ The violating organization continues to face economic difficulties due to natural disaster, catastrophe, fire or epidemic, and obtains the certification of the People's Committee of commune, Management Board of industrial parks, export processing zones or hi-tech zones, economic zones, or the directly supervisory tax authority or the directly superior authority.
- Violating individuals and organizations must file written petitions for the fine reduction or exemption, enclosing the certification of the competent authority, as prescribed in clause 1, 2, 3, 4 and 5 of this Article to persons issuing sanction decisions. Within the duration of 05 working days of receipt of these petitions, the persons issuing sanction decisions must consider issuing reduction or exemption decisions, and notify these decisions to petitioners; in case of refusal to grant the reduction or exemption, clear reasons for that refusal must be stated.
- Persons or organizations granted fine reduction or exemption may claim back their documents, exhibits or means held in the temporary custody according to the provisions of clause 6 of Article 125 in this Law.
Will persons joining military service be considered for exemption or reduction of late payment fines due to administrative violations?
As mentioned above, the fine exemption or reduction is applied in cases where the person fined VND 2,000,000 or more is facing special and unexpected economic difficulties due to natural disasters, disasters, fires, epidemics, fatal diseases, accidents without being able to implement the sanctioning decision. The fact that a fine payer falls into these difficult circumstances must be certified by the People's Committee of the commune where he/she resides or agencies and organizations where that person studies and works. At the same time, the sanctioned person must make a request to reduce or exempt from the rest or the whole fine, send the person who has issued the sanctioning decision for consideration.
Therefore, joining the military will not be considered for exemption or reduction of fines, as well as late payment fines due to traffic violations.
Under the provisions of Clause 1 Article 5 of Circular 153/2013/TT-BTC of Vietnam (supplemented by Clause 4 Article 1 of Circular 105/2014/TT-BTC of Vietnam), within 10 days from the date of receipt of the sanctioning decision, sanctioned individuals and organizations must pay fines at the State Treasury or into the State Treasury's account specified in each sanction decision.
Upon expiry of 10 days from the date of receiving the decision to sanction an administrative violation, but the individual or organization has not paid the fine, they shall be forced to execute the sanction decision and, for each day exceeding the period, the violating individual or organization must pay an additional amount accounting for 0.05% of the total outstanding fine. Except for late payment fines within the time limit the individual commits administrative violations to suspend execution of the sanctioning decision according to the provisions of law.
The number of days of late payment fines includes statutory public holidays or days-off and is counted from the day following the last day of the fine payment time limit, the time limit for suspending the execution of the sanctioning decision to before the date individuals and organizations committing administrative violations shall pay fines at the State Treasury or commercial banks where the State Treasury mandates to collect fines.
Based on the above provisions and comparing your case, joining the military service will not be in one of the cases considered for the exemption or reduction of the traffic violation fine. So, you have to pay the fine according to the regulations.
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