Regulations on fine reduction or exemption and adjournment of execution or enforcement of sanction decisions in Vietnam

Regulations on fine reduction or exemption and adjournment of execution or enforcement of sanction decisions in Vietnam (Internet image) 

1. Fine reduction or exemption for administrative violations in Vietnam

According to Article 77 of the Law on Handling Administrative Violations 2012 (amended in 2020), the regulations on fine reduction or exemption for administrative violations in Vietnam are as follows:

(1) 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 Section 2 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) 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 in (1), 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 of the Law on Handling Administrative Violations 2012, 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) 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 (1) 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 of the Law on Handling Administrative Violations 2012;

- 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) 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 Section 2, 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) 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 Section 2 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.

(6) Violating individuals and organizations must file written petitions for the fine reduction or exemption, enclosing the certification of the competent authority, as prescribed in (1), (2), (3), (4) and (5) 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.

(7) 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 of the Law on Handling Administrative Violations 2012.

2. Adjournment of execution or enforcement of sanction decisions in Vietnam

Adjournment of execution or enforcement of sanction decisions in Vietnam under Article 76 of the Law on Handling Administrative Violations 2012 (amended in 2020) is as follows:

(1) Adjournment of execution or enforcement of sanction decisions shall be required if the following conditions are fully met:

- The violating individual is fined 2,000,000 VND or more, or the violating organization is fined 100,000,000 VND or more;

- The violating individual is facing economic difficulties due to natural disasters, calamities, fires, epidemics, dangerous diseases or accidents; the violating organization is facing special or unexpected economic difficulties caused by natural disasters, disasters, fires or epidemics.

In case the violating individual is facing economic difficulties due to natural disaster, calamity, fire, epidemic, fatal disease or accident, the certification of the People's Committee of the commune where he/she resides or the organization where he/she is learning or working shall be required;

If the violating individual faces economic difficulties due to fatal disease or accident, the certification granted by a medical establishment at the district or higher level shall be required.

In case the violating organization is facing economic difficulties due to natural disaster, catastrophe, fire or epidemic, the certification of the People's Committee of the commune, 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 shall be required.

(2) Violating individuals and organizations must send written requests for postponement of execution of sanction decisions, enclosing written certifications of competent authorities or organizations according to (1) of this Section to persons who have issued sanction decisions within the limitation period specified in clause 2 of Article 68 of the Law on Handling Administrative Violations 2012.

Within 05 working days of receipt of these requests, persons already issuing sanction decisions shall consider issuing decisions on adjournment of these sanction decisions.

The term of adjournment of execution or enforcement of sanction decisions shall not be longer than 03 months from the date of issuance of adjournment decisions.

(3) Violating individuals or organizations granted permission to adjourn the execution of sanction decisions may take back their document, exhibits or means used for commission of administrative violations which are temporarily seized under the provisions of clause 6 of Article 125 of the Law on Handling Administrative Violations 2012.

Quoc Dat

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