Fines are one of the most common forms of administrative violations. The fine level will be based on the nature and extent of the violation and in some cases the violator will be reduced or exempted from administrative violation money in Vietnam.
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When are administrative violation fines reduced or exempted in Vietnam?
1. Partial reduction of fines for administrative violations in Vietnam
According to Clause 1, Article 77 of the Law on Handling of Administrative Violations 2012 (amended 2020), the case of partial reduction of administrative fines despite postponing the execution of fine decisions is as follows:
- For individuals:
+ Continuing to face economic difficulties due to natural disasters, disasters, fires, epidemics, fatal diseases, accidents;
+ Having the certification of the People's Committee of the commune where the person resides or the agency or organization where such person studies or works;
- For organizations:
+ Continuing to face special or unexpected economic difficulties due to natural disasters, disasters, fires, epidemics;
+ Having the certification of the commune-level People's Committee, the management board of the industrial park, export processing zone, high-tech park, economic zone, the tax agency directly managing or the immediate superior agency.
2. Exemption from the remaining administrative violation fines in the sanctioning decision in Vietnam
2.1 For individuals in Vietnam
According to Clause 2, Article 77 of the Law on Handling of Administrative Violations 2012 (amendment 2020) stipulating the exemption of the remaining administrative violation fines in the sanctioning decision due to the inability to execute the decision:
- Partially reduced fines for continuing to face economic difficulties due to natural disasters, disasters, fires, epidemics, fatal diseases, accidents.
Having the certification of the People's Committee of the commune where such person resides or the agency or organization where such person studies or works;
- Having paid the fine for the first time or the second time in case of being paid the fine many times as prescribed in Article 79 of the Law on Handling of Administrative Violations 2012 (amended 2020) but facing special or unexpected difficulties economic losses due to natural disasters, disasters, fires, epidemics, fatal diseases, accidents.
Having the certification of the People's Committee of the commune where such person resides or the agency or organization where such person studies or works;
(In case of sudden economic difficulties due to fatal diseases or accidents, additional certification from medical examination and treatment establishments at district or higher level is required.)
2.2 For organizations in Vietnam
According to Clause 3, Article 77 of the Law on Handling of Administrative Violations 2012 (amended 2020), conditions for organizations to be exempted from the remaining fines stated in the sanctioning decisions:
- Having received a partial reduction of the fine as prescribed in Clause 1, Article 77 of the Law on Handling of Administrative Violations 2012 (amended 2020) or the first or second fine has been paid in case the fine is paid many times according to the provisions of Article 79 of the Law on Administrative Violations 2012 (amended 2020);
- The additional sanctioning form and remedial measures stated in the sanctioning decision have been completed;
- Continuing to face special or unexpected economic difficulties due to natural disasters, disasters, fires, epidemics.
Certified by the People's Committee of the commune, the Management Board of the industrial park, export processing zone, high-tech park, economic zone, the tax agency directly managing or the immediate superior agency.
3. Exemption of all fines for administrative violations in Vietnam
3.1 For individuals in Vietnam
Pursuant to Clause 4, Article 77 of the Law on Handling of Administrative Violations 2012 (amended 2020), cases where individuals are exempt from all fines stated in the sanctioning decisions, including:
- The execution of the decision on fines has been postponed according to the provisions of Article 76 of the Law on Handling of Administrative Violations 2012 (amended 2020) but continues to face economic difficulties due to natural disasters, disasters, fires, epidemics illness, fatal disease, accident;
Having the certification of the People's Committee of the commune where the person resides or the agency or organization where he or she studies or works.
- Being fined from VND 2,000,000 or more, facing special or unexpected economic difficulties due to natural disasters, catastrophes, fires, epidemics, fatal diseases or accidents;
Having the certification of the People's Committee of the commune where such person resides or the agency or organization where such person studies or works; In case of sudden economic difficulties due to a fatal disease or accident, there must be a certification from a medical examination and treatment facility at the district level or higher.
3.2 For organizations in Vietnam
In Clause 5, Article 77 of the Law on Handling of Administrative Violations 2012 (amended 2020), conditions for organizations to be exempt from all fines stated in the sanctioning decisions:
- The execution of the fine decision has been postponed according to the provisions of Article 76 of the Law on Handling of Administrative Violations 2012 (amended 2020);
- The additional sanctioning form and remedial measures stated in the sanctioning decision have been completed;
- Continuing to face special or unexpected economic difficulties due to natural disasters, disasters, fires, epidemics;
Certified by the People's Committee of the commune, the Management Board of the industrial park, export processing zone, high-tech park, economic zone, the tax agency directly managing or the immediate superior agency.
In addition to the conditions and cases specified above, according to Clause 6, Article 77 of the Law on Handling of Administrative Violations 2012 (amended 2020), individuals and organizations must submit an application for fine reduction or exemption enclosed with their identification. receipt from the respective competent agency or organization to the person who has issued the sanctioning decision.
Within 05 working days from the date of receipt of the application, the person who has issued the sanctioning decision to consider and decide on the reduction or exemption shall notify the applicant of the reduction or exemption:
- If disagreeing with the reduction or exemption, the reason must be clearly stated;
- If you agree to reduce or exempt, then decide to reduce or exempt.
Ngoc Nhi
