If you get an administrative fine of 3 million VND in Vietnam, can you apply for a delay payment?
I violated the traffic and was fined 3 million now I want to postpone the payment of fines in Vietnam, is it possible and how long can it be postponed? Please advice.
If you get an administrative fine of 3 million VND in Vietnam, can you apply for a delay payment?
Pursuant to Clause 37, Article 1 of the Law on Handling of Administrative Violations amending 2020, there are provisions on postponing the execution of fine decisions when the following conditions are fully met:
1. Adjournment of execution or enforcement of sanction decisions shall be required if the following conditions are fully met:
a) The violating individual is fined 2,000,000 VND or more, or the violating organization is fined 100,000,000 VND or more;
b) The violating individual is facing economic difficulties due to natural disasters, calamities, fires, epidemics, dangerous diseases or accidents; the violating organization is facing special or unexpected economic difficulties caused by natural disasters, disasters, fires or epidemics.
In case the violating individual is facing economic difficulties due to natural disaster, calamity, fire, epidemic, fatal disease or accident, the certification of the People's Committee of the commune where he/she resides or the organization where he/she is learning or working shall be required; if the violating individual faces economic difficulties due to fatal disease or accident, the certification granted by a medical establishment at the district or higher level shall be required.
In case the violating organization is facing economic difficulties due to natural disaster, catastrophe, fire or epidemic, the certification of the People's Committee of the commune, the 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 shall be required.
Thus, according to the above regulations, you can only postpone the payment of fines when you have economic difficulties due to natural disasters, disasters, fires, epidemics, dangerous diseases, accidents. You need to be certified by the commune-level People's Committee of the place where you reside or the agency or organization where you study or work in Vietnam about being in difficulty and not being able to pay a fine.
How long is the maximum delay in fine payment in Vietnam?
Pursuant to Clause 37, Article 1 of the Law on Handling of Administrative Violations amending 2020, there are provisions on postponing the execution of fine decisions as follows:
2. Violating individuals and organizations must send written requests for postponement of execution of sanction decisions, enclosing written certifications of competent authorities or organizations according to clause 1 of this Article to persons who have issued sanction decisions within the limitation period specified in clause 2 of Article 68 herein. Within 05 working days of receipt of these requests, persons already issuing sanction decisions shall consider issuing decisions on adjournment of these sanction decisions.
The term of adjournment of execution or enforcement of sanction decisions shall not be longer than 03 months from the date of issuance of adjournment decisions.
According to this Article, you may be entitled to a stay of payment of the fine for up to 3 months from the date on which the authority makes the decision authorizing you to postpone payment of the fine in Vietnam.
Best Regards!
