Is it mandatory to go to the State Treasuries to pay administrative fines in Vietnam?
My name is Truc, 25 years old, an office worker. The other day I was fined by the traffic police for running a red light and going in the wrong lane. I would like to ask if I am required to go to the State Treasury to pay money when I am sanctioned for an administrative violation? Can I pay by bank account?
Is it mandatory to go to the State Treasuries to pay administrative fines in Vietnam?
Pursuant to Article 78 of the Law on Handling of Administrative Violations 2012, procedures for paying fines are as follows:
1. Within 10 days, since receiving sanctioning decision, sanctioned individuals or organizations must pay fines at State Treasuries or pay into account of State Treasuries indicated in sanctioning decision, unless having paid fines as specified in clause 2 and clause 3 of this Article. If past the above-mentioned time limit, they shall be enforced for execution of sanctioning decision and each late day of paying fines, violating individuals, organizations must pay additionally 0.05% on total fines have not yet paid.
2. 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.
3. 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.
4. The Government provides in details this Article.
In addition, in Article 56 of the Law on Handling of Administrative Violations 2012 stipulates administrative sanction without record taking:
1. Administrative sanction without record taking is applicable in cases of warning or fines of up to VND 250,000 for individuals, VND 500,000 for organizations and the persons with sanctioning competence must make decisions of administrative sanctions on the spot.
In case administrative sanctions are detected thanks to using technical, professional equipment, means, the record must be taken.
2. Decisions of administrative sanctions on the spot must be written clearly the information of date of decisions; full name, address of violators or name, address of violating organizations; acts of violations; venues of violations; evidences and details related to the violation settlement; full name, position of persons who make sanctioning decisions; articles, clauses of applicable legal documents. In case of fines, there must be the fine levels in the decisions.
Thus, according to current regulations in Vietnam, the payers of administrative violations are not required to pay fines at the State Treasury, but can pay them through the State Treasury's account, and pay them to the violators depending on each case specifically. Compared with your case, you can pay money through the State Treasury account.
Best Regards!
