Amended Law on handling of administrative violations 2020 of Vietnam: Increasing maximum penalties in 10 areas

Specifically, according to Clause 10 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 24 of the Law on handling of administrative violations 2012, the maximum penalty amounts imposed upon individuals for their acts falling within the scope of state management are as follows:

- A fine of up to VND 30,000,000: marriage and family; gender equality; domestic violence; archives; beliefs and religions; emulation and rewards; judicial administration; population; environmental sanitation; statistics; foreign affairs;

- A fine of up to VND 40,000,000: public order, security and social safety; obstruction of proceedings; enforcement of civil judgements; bankruptcy of enterprises and cooperatives; electronic transactions; post;

- A fine of up to VND 50,000,000: firefighting and fire protection; rescue; judicial support; preventive health care; HIV/AIDS prevention and control; culture; sports; tourism; science and technology management; technology transfer; child protection and care; social protection and relief; natural disaster prevention and control; plant protection and quarantine; management and conservation of genetic resources (except animal genetic resources); cultivation (except fertilizers); veterinary medicine; accounting; independent audit; fees and charges; public asset management; invoices; national reserves; chemicals; hydrometeorology; measuring and mapping; enterprise registration; state audit;

- A fine of up to VND 75,000,000: ciphering; national border management and protection; national defense and security; labor; education; vocational education; road traffic; railway traffic; inland waterway traffic; health insurance; social insurance; unemployment insurance; prevention and control of social evils;

- A fine of up to VND 100,000,000: levees; medical examination and treatment; cosmetics; pharmaceuticals, medical equipment; animal husbandry; fertilizers; advertisement; betting and games with prizes; management of overseas labor; maritime transportation; civil aviation operations; traffic works management and protection; information technology; telecommunications; radio frequencies; cybersecurity; information security; publishing; printing; commerce; customs, tax procedures; lottery business; insurance business; thrift and anti-extravagance practice; control of explosive materials; electricity;

- A fine of up to VND 150,000,000: price management; quarrying, production and trading of construction materials; technical infrastructure project management; management and development of residential houses and offices; bidding; investment;

- A fine of up to VND 200,000,000: production and trading of banned commodities, counterfeit products; protection of consumer’s rights;

- A fine of up to VND 250,000,000: investigation, planning, exploration, abstraction, use of water resources; irrigation; intellectual property; press;

- A fine of up to VND 500,000,000: construction; forestry; land; real property business;

- A fine of up to VND 1,000,000,000: management of waters, islands and continental shelf of the Socialist Republic of Vietnam; management of nuclear and radioactive substances, atomic energy; currency, precious metals, gemstones, banking, credit; oil, gas and other mineral activities; environmental protection; seafood.

The Law on amendments and supplements to certain articles of Law on handling of administrative violations 2020 of Vietnam has increased the maximum penalties in 10 areas of state management, including: road traffic; prevention and control of social evils; ciphering; national border management and protection; education; electricity; protection of consumer’s rights; irrigation; press; real property business. To be specific:

- Road traffic; prevention and control of social evils: from VND 40 million to VND 75 million;

- Ciphering; national border management and protection; education: from VND 50 million to VND 75 million;

- Electricity: from VND 50 million to VND 100 million;

- Protection of consumer’s rights: from VND 100 million to VND 200 million;

- Irrigation (formerly is irrigation project management); press: from VND 100 million to VND 250 million;

- Real property business: from VND 150 million to VND 500 million;

Concurrently, the Law on amendments and supplements to certain articles of Law on handling of administrative violations 2020 of Vietnam has also supplemented provisions on maximum penalties for 6 following areas:

- Beliefs and religions (formerly is only religions); foreign affairs: a fine of up to VND 30 million;

- Rescue: a fine of up to VND 50 million;

- Printing; information security: a fine of up to VND 100 million;

- Intellectual property: a fine of up to VND 250 million.

Note: Maximum penalties in taxation; measurement; food safety; product and goods quality; stock; competition are in accordance with the relevant laws.

Thus, from January 01, 2022, the Law on amendments and supplements to certain articles of Law on handling of administrative violations 2020 of Vietnam will take effect and increase maximum penalties in 10 areas and supplement maximum penalties in 6 areas.

Thuy Tram

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