Are fines imposed on traffic violation allowed to be paid many times in Vietnam?

Are fines imposed on traffic violation allowed to be paid many times in Vietnam? (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Are fines imposed on traffic violation allowed to be paid many times in Vietnam?

According to Article 79 of the Law on Handling of Administrative Violations 2012 (amended in 2020), paying fines in many times is applied when the following conditions are met:

- Paying fines in many times is applied when having the following conditions:

= Being fined from 20,000,000 dong or more for individuals and from 200,000,000 dong or more for organizations;

= Meeting special economic difficulties and having application for paying fines in many times. The application of an individual must be certified on circumstance facing special economic difficulties by communal People’s Committee where that person resideor agency, organization where that person studying, working; the application of an organization must be certified by the directly managing tax office or direct superior agency or organization.

- Time limit of paying fines in many times not exceeding 06 months, since sanctioning decision takes effect; maximum number of times paying fines is not over 03 times.

The minimum level paying fines of the first time is 40% of total fines.

- The person who has issued decision on fines, has right to decide paying fines in many times. The decision on paying fines in many times must be made in writing.

Thus, if the violator commits a traffic violation with a fine of VND 15,000,000 or more for individuals and VND 150,000,000 or more for organizations or is facing special economic difficulties, if there is a request to pay the fine in multiple installments, it will be considered for payment in installments.

2. What are the procedures for paying traffic violation fines in Vietnam?

Pursuant to Article 78 of the Law on Handling of Administrative Violations 2012 (amended in 2020), regulations on procedures for paying fines for administrative violations are as follows:

(i) During the period of execution of the sanction decision specified in clause 2 of Article 68 or clause 2 of Article 79 of of the Law on Handling of Administrative Violations 2012, sanctioned individuals and organizations must pay fines at the State Treasury or into the State Treasury's account specified in each sanction decision, except if the fine has already been paid under the provisions of clause (ii).

Upon expiry of the above period, they shall be forced to execute the sanction decision and, for each day exceeding the period, the violating individual or organization must pay an additional amount accounting for 0.05% of the total outstanding fine.

(ii) In remote areas, border areas, mountainous areas where going meets difficulties, sanctioned individuals or organizations may pay fines for the persons with sanctioning competence. The persons with sanctioning competence shall collect fines on spot and remit at State Treasuries or into accounts of State Treasuries within 07 working days, as from the date of collecting fines.

In case sanction performed on sea or outside working hour, persons with sanctioning competence may collect directly fines and must remit at State Treasuries or remit into accounts of State Treasuries within 02 working days, as from the day coming ashore or collecting fines.

(iii)  Individuals, organizations conducting administrative violation and being fined must pay fines one time, except for case specified in Section 1.

All cases of collecting fines, the fine collectors shall hand vouchers colleting fines to individuals, organizations paying fines.

Nguyen Ngoc Que Anh

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