Cases of fine reduction or exemption for administrative violations in Vietnam

Cases of fine reduction or exemption for administrative violations in Vietnam (Internet image)

Fine reduction or exemption specified in Article 77 of the Law on Handling Administrative Violations 2012 (amended in 2020), specifically:

1. Fine reduction for organizations and individuals facing difficulties in Vietnam

The reduction in a part of the fine specified in a sanctioning decision against the violating individual and organization that have already obtained permission for adjournment of execution of the sanction decision according to the provisions of Article 76 of the Law on Handling Administrative Violations 2012 (amended in 2020) shall be granted if the following regulations are met:

- The violating individual continues to be in a difficult economic situation caused by natural disaster, conflagration, calamity, accident, and obtains certification from the People's Committee of the commune where he/she are residing, or the organization where he/she is studying or working is located;

- The violating organization is facing economic difficulties due to natural disaster, catastrophe, fire or epidemic, and obtains the certification of the People's Committee of commune, 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.

2. Exemption from paying remaining fine for individuals who are not able to enforce the entire sanctioning decision in Vietnam

The violating individual may be granted an exemption from the remaining fine stated in the sanction decision due to his/her incapability of enforcing or executing the sanction decision if one of the following situations occurs:

- Despite being granted the reduction in a part of the fine prescribed above, he/she continues to be in a difficult economic situation caused by natural disaster, conflagration, calamity, epidemic, fatal disease or accident, and obtains the certification from the People's Committee of the commune where he/she is residing, or the organization where he/she is studying or working;

- He/she already pays the fine in the first or second installment in case of being permitted to make installment payment of the fine under the provisions of Article 79 in the Law on Handling Administrative Violations 2012 (amended in 2020), but is still facing special or unexpected economic difficulties due to natural disaster, calamity, fire, epidemic, fatal disease or accident, and obtains the certification of the People's Committee of the commune where he/she is residing, or the organization where he/she is learning or working;

If he/she faces unexpected economic difficulties due to fatal disease or accident, the certification granted by a medical establishment at the district or higher level shall be further required.

3. Cases of organization exempted from paying residual amount of fine in Vietnam

The violating organization shall be exempt from payment of the residual amount of fine stated in the sanction decision when they fully meet the following conditions:

- They have been granted a reduction in a part of the fine prescribed in above or have already paid the fine for the first or second installment if they are entitled to installment payment of the fine under the provisions of Article 79 in the Law on Handling Administrative Violations 2012 (amended in 2020); 

- Supplementary penalties and relief or remedial measures stated in sanction decisions have been completely executed;

- The violating organization continues to face economic difficulties due to natural disaster, catastrophe, fire or epidemic, and obtains the certification of the People's Committee of commune, 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.

4. Cases of individual exempted from paying remaining amount of fine in Vietnam

The violating individual may be granted an exemption from payment of the remaining fine stated in the sanction decision due to his/her incapability of enforcing or executing the sanction decision if one of the following situations occurs:

- Despite being granted the adjournment of the fine charge decision as prescribed in Article 76 of the Law on Handling Administrative Violations 2012 (amended in 2020), he/she continues to be in a difficult economic situation caused by natural disaster, calamity, fire, epidemic, fatal disease or accident, and obtains the certification from the People's Committee of the commune where he/she is residing, or the organization where he/she is studying or working;

- He/she is already fined at least VND 2,000,000 and is facing special or unexpected economic difficulties due to natural disaster, calamity, fire, epidemic, fatal disease or accident, and obtains the certification of the People's Committee of the commune where he/she is residing, or the organization where he/she is learning or working; if he/she faces unexpected economic difficulties due to fatal disease or accident, the certification granted by a medical establishment at the district or higher level shall be further required.

5. Cases of organization exempted from paying entirety of the fine in Vietnam

The violating organization shall be exempt from payment of the entirety of the fine stated in the sanction decision if the following conditions are fully met:

- Adjournment of execution or enforcement of the fine charge decision prescribed under Article 76 in the Law on Handling Administrative Violations 2012 (amended in 2020) has been granted;

- Supplementary penalties and relief or remedial measures stated in sanction decisions have been completely executed;

- The violating organization continues to face economic difficulties due to natural disaster, catastrophe, fire or epidemic, and obtains the certification of the People's Committee of commune, 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.

Note:

- Violating individuals and organizations must file written petitions for the fine reduction or exemption, enclosing the certification of the competent authority, as prescribed in clause 1, 2, 3, 4 and 5 of Article 77 of the Law on Handling Administrative Violations 2012 (amended in 2020) to persons issuing sanction decisions.

Within the duration of 05 working days of receipt of these petitions, the persons issuing sanction decisions must consider issuing reduction or exemption decisions, and notify these decisions to petitioners; in case of refusal to grant the reduction or exemption, clear reasons for that refusal must be stated.

- Persons or organizations granted fine reduction or exemption may claim back their documents, exhibits or means held in the temporary custody according to the provisions of clause 6 of Article 125 in the Law on Handling Administrative Violations 2012 (amended in 2020)

Nhu Mai

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