Penalty amounts decided by provincial People's Councils shall not the exceed the maximum penalty amounts prescribed by Vietnam’s law

According to Clause 9 Article 1 of the Law on amendments and supplements to certain articles of Law on handling of administrative violations 2020 of Vietnam, amending and supplementing some clauses of Article 23 of the Law on handling of administrative violations 2012, fines are specified as follows:

- 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.

- The Government of Vietnam 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:

+ Defining the minimum, the maximum fines;

+ Defining the number of times, the percentage of the value and quantity of violation goods, material evidence, violated subjects or revenue, interest earned from acts of administrative violations.

- 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.

- 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.

View more details at the Law on amendments and supplements to certain articles of Law on handling of administrative violations 2020 of Vietnam, effective from January 01, 2022.

Le Vy

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