Recently, the National Assembly has passed the Law amending and supplementing certain provisions of the Law on Handling Administrative Violations, which will officially take effect from January 01, 2022. One notable point is that the National Assembly voted in favor of not including the measures of cutting off electricity and water supply for the enforcement of administrative penalties in the Law.
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The National Assembly of Vietnam agrees not to enforce administrative penalties by cutting electricity and water supply (Illustrative image)
Previously, whether or not to introduce the measure of stopping the supply of electricity and water services at the violation location for individuals or business service organizations that commit violations as a measure to enforce the decision on handling administrative violations was a highly debated issue. There were 2 main opinions regarding this issue:
First, to agree with option 1 - Not adding the enforcement measure of stopping electricity and water services to the decision on handling administrative violations;
Second, to agree with option 2 - Adding the enforcement measure of stopping electricity and water services to the decision on handling administrative violations into the Law.
On the afternoon of November 13, the National Assembly passed the Law on amending and supplementing some articles of the Law on Handling Administrative Violations. This law will come into effect on January 1, 2022. Regarding this issue, 390/452 National Assembly deputies voted not to include the provision on the enforcement measure of stopping electricity and water services in the draft law. Thus, no enforcement measure of stopping electricity and water services to handle administrative violations will exist when the revised Law on Handling Administrative Violations takes effect.
Why should administrative penalties not be enforced by cutting electricity and water supply?
The draft Law on amending and supplementing some articles of the Law on Handling Administrative Violations presented to the National Assembly at this session aims to further improve the mechanisms, policies, procedures, and processes in the law on handling administrative violations and to maximize the remedy of shortcomings in the current provisions of the Law on Handling Administrative Violations. The reasons for not adding the enforcement measure of stopping electricity and water services due to the following reasons:
Firstly, electricity and water are essential needs in the production activities of organizations and individuals. The application of enforcement measures by cutting electricity and water will directly affect the production activities of businesses, causing interruptions and delays in production processes, impacting not only the businesses but also the work progress of employees. Does the law really want this?
Secondly, cutting off one's service affects others. In cases where violating organizations or individuals being subjected to enforcement measures by cutting electricity and water operate in the same building or area with other non-violating organizations or individuals, the application of this measure will inadvertently affect the business activities of these non-violating entities. If this results in damages for these businesses, who will be responsible for the compensation?
Thirdly, is enforcing administrative penalties by cutting electricity and water really thorough and effective? Because, in cases where violating organizations or individuals subjected to the enforcement measures by cutting electricity and water can still find ways such as tapping into electricity and water from others, buying generators to produce their own electricity... How will control be carried out in this case, and will it really be effective?
Overall, the enforcement measure of stopping electricity and water services can directly impact the awareness of the violating organizations or individuals. However, considering the benefits and harms, careful consideration is needed when applying this measure to prevent uncontrollable consequences. Therefore, in the future, if it is necessary to apply the enforcement measure of stopping electricity and water services, there should be guiding documents detailing the regulations to avoid affecting the civil rights of the involved subjects and to achieve the highest effectiveness.
Basis:
- Law on Handling Administrative Violations 2012;
- Law on Amending and Supplementing Some Articles of the Law on Handling Administrative Violations.
Thuy Tram
