When are traffic violation fines paid many times by an individual in Vietnam?
Please ask: When are traffic violation fines paid many times by an individual in Vietnam? Which are aggravating circumstances in handling administrative violations in Vietnam? Hope to get an answer. Question from Mr. Quan in Lao Cai
When are traffic violation fines paid many times by an individual in Vietnam?
Pursuant to Clause 1, Article 79 of the Law on Handling of Administrative Violations 2012, amended by Clause 40, Article 1 of the Law on Handling of Administrative Violations, revised 2020, stipulates paying fines in many times:
Paying fines in many times
1. Installment payment of fines may be permitted if the following conditions are fully met:
a) The violating individual is fined at least VND 15,000,000 while the violating organization is fined at least VND 150,000,000 VND;
b) The violator faces special economic difficulties and files a petition for the installment payment of the fine. The violating individual's petition needs to be certified by the People's Committee of the commune where he/she is residing or the organization where he/she is learning and working. The written petition needs to obtain the certification that the violator is facing special economic difficulties from the People's Committee at the commune level, 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.
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Thus, traffic violation fines in Vietnam can be paid many times by individuals when the following conditions are met:
- Individuals are fined 15,000,000 VND or more;
- Individuals are facing special economic difficulties.
- Individuals file a petition for the installment payment of the fine.
Note: An individual's application must be confirmed by the People's Committee of the commune where he or she resides in Vietnam or the agency or organization where he or she studies or works, confirming his or her special economic difficulties.
When are traffic violation fines paid many times by an individual in Vietnam? (Image from the Internet)
Which are aggravating circumstances in handling administrative violations in Vietnam?
Pursuant to Article 10 of the Law on Handling of Administrative Violations 2012, aggravating circumstances are stipulated as follows:
Aggravating circumstances
1. The following circumstances are aggravating circumstances:
a) The administrative violations are committed in an organized manner;
b) The administrative violations are committed many times or repeated;
c) Inciting, dragging, using minors to commit administrative violations, forcing materially or spiritually dependent persons to commit violations;
d) 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;
dd) Reviling, defaming who is on duty; administrative violations as gangsters;
e) Abusing one’s positions and powers to commit administrative violations;
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Thus, the circumstances that are aggravating circumstances in 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.
Note: The above circumstances are administrative violations and are not considered aggravating circumstances in Vietnam.
What is deadline for paying fines of administrative violations in Vietnam?
According to Article 78 of the Law on Handling of Administrative Violations 2012, amended by Clause 39, Article 1 of the Law on Handling of Administrative Violations, revised 2020, it is stipulated as follows:
Procedures for paying fines
1. 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.
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.
Clause 2, Article 68 of the Law on Handling of Administrative Violations 2012 stipulates:
The content of decisions on administrative sanctions
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2. The time limit of decision implementation is 10 days, from the date of receiving sanctioning decisions; in case the sanctioning decisions writing the implementation time limit of more than 10 days, the implementation shall be followed according to such time limit.
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Clause 2, Article 79 of the Law on Handling of Administrative Violations 2012 stipulates:
Paying fines in many times
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2. Time limit of paying fines in many times not exceeding 06 months, since sanctioning decision takes effect; maximum number of times paying fines is not over 03 times.
The minimum level paying fines of the first time is 40% of total fines.
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Thus, the time limit for paying fines for administrative violations is 10 days from the date of receiving the sanctioning decision; In case the sanctioning decision states a time limit for execution of more than 10 days, it shall be carried out according to that time limit in Vietnam.
In case of paying fines multiple times, time limit of paying fines in many times not exceeding 06 months, since sanctioning decision takes effect; maximum number of times paying fines is not over 03 times. The first time is 40% of total fines in Vietnam.
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