Forms of and procedures for payment of fines for administrative violations in Vietnam

Forms of and procedures for payment of fines for administrative violations in Vietnam (Internet image)

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

1. Form of payment of fines for administrative violations in Vietnam

According to Clause 1, Article 20 of Decree 118/2021/ND-CP, violators pay fines according to one of the following forms:

- Direct payment of cash at State Treasuries or at commercial banks where State Treasuries open their accounts specified in penalty decisions;

- Transfer to accounts of State Treasuries written in penalty decisions via National Public Service portal or electronic payment services of banks or intermediary payment service providers;

- Direct payment to people with power to impose penalties as prescribed in Clause 1 Article 56, Clause 2 Article 78 of the Law on Handling of Administrative Violations, or direct payment to port authorities or airport representatives if penalized people are passengers that transit to Vietnam to take international flights from Vietnam, aircrews who are working on flights to Vietnam; aircrews of foreign airlines that operate international flights from Vietnam;

- Payment of fines for administrative violations committed in the field of road traffic to state treasuries according to regulations of points a, b and c clause 1 of Article 20 of Decree 118/2021/ND-CP or by public postal services.

2. Procedures for payment of fines for administrative violations in Vietnam

According to Clause 2, Article 20 of Decree 118/2021/ND-CP, the procedures for payment of fines:

- In case penalized individuals do not stay or penalized organizations are not located at places of violations while only fines are imposed, persons with power to impose penalties for decisions on paying fines prescribed in point b clause 1 of Article 20 of Decree 118/2021/ND-CP and send them to violating individuals or organizations via posts by guaranteed forms within 02 working days from the date on which penalty decisions are issued;

- Penalized violators shall pay to accounts of state treasuries as written in penalty decisions within the time limit prescribed in Clause 1 Article 73 of the Law on Handling of Administrative Violations;

- Within 05 working days from the day on which fines are paid to accounts of state treasuries in person or by public post, person that impounded the documents for ensuring penalties according to regulations in clause 6 Article 125 of the Law on Handling of Administrative Violations must return impounded documents to penalized organizations or individuals by post with guaranteed forms for direct payment or via public postal services for indirect payment.

Expenses for submission of sanctioning decisions and return of documents shall be paid by penalized violators;

- Penalized violators may receive impounded documents in person or via legal representatives or authorized representatives.

3. Documents for collection and transfer of fines and late fine payment interests in Vietnam

According to Clause 2, Article 21 of Decree 118/2021/ND-CP, documents for collection and transfer of fines and late fine payment interests shall include:

- Fine receipts which must have pre-printed face values used for on-site fine collection as prescribed in clause 2 Article 69 and clause 2 Article 78 of the Law on Handling of Administrative Violations in case the fine is up to 250.000 VND for individuals and 500.000 VND for organizations;

- Fine receipts that do not have pre-printed face values used to collect fines for the other administrative violation cases and late fine payment interests;

- Money transfer letters and electronic documents submitted to the state budget (if any);

- Certificates of transfer of fines for road traffic offences issued by public postal service providers (if any);

- Other documents under regulations of laws.

Le Truong Quoc Dat

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