No Provision for Monetary Fines in Village Conventions and Agreements

According to the content of the Proposal from the Ministry of Justice regarding the Draft Decision on the creation and implementation of customary laws and regulations, the process of creating and implementing customary laws and regulations faces several shortcomings and limitations due to Directive 24/1998/CT-TTg on the creation and implementation of customary laws and regulations for villages, hamlets, communes, and clusters of residents issued long ago without review, modification, or supplementation. It is certain that the application of the provisions of Directive 24 is no longer appropriate and pertinent to the current practical situation as well as the provisions of existing law. Therefore, it is necessary to have newer regulations to govern the creation and implementation of customary laws and regulations.

One of the topics to be discussed in the Draft Decision is whether to allow the application of monetary fines or material penalties to handle cases of violations of the regulations in customary laws and regulations.

The Draft Decision clearly states:

Do not include in customary laws and regulations any content that is illegal, contrary to good customs and societal ethics; infringe on life and health; limit human rights and citizen rights; impose fees or charges; monetary fines, or other material penalties.

Accordingly, customary laws and regulations that contain such provisions will also be annulled.

The Ministry of Justice presents two perspectives as follows:

First perspective: Do not allow the imposition of monetary fines or material penalties in customary laws and regulations because:

- Advantages: It limits the situation of “arbitrary fines,” ensures the supremacy of the law, and differentiates the sanctions in customary laws and regulations from those in the law.- Disadvantages: The practical enforcement effect of customary laws and regulations is not high.

Second perspective: Allow the imposition of monetary fines or material penalties in customary laws and regulations because:

- Advantages: It can increase the enforcement effect of customary laws and regulations.- Disadvantages: There can be confusion with monetary penalties according to the law on administrative violations. In practice, some places may abuse this regulation, leading to situations of “arbitrary fines” or “village regulations,” potentially infringing on the legitimate rights and interests of citizens. The practical creation and implementation of customary laws and regulations over time have shown that many customary laws and regulations have stipulated monetary penalties for administrative violations already regulated by law, sometimes at higher levels than those legally prescribed for corresponding acts.

According to the presentation in the Proposal, the Ministry of Justice also agrees to select and draft the Decision based on the perspective of not allowing the imposition of monetary fines in customary laws and regulations.

Because customary laws and regulations are established based on the voluntary and mutual agreement of the people and the community, the provisions in customary laws and regulations are merely educational, persuasive, and motivational among a small segment of the community. Moreover, the existing law already provides guidance on handling administrative violations in all fields, so there is no need to stipulate monetary fines or material penalties in customary laws and regulations anymore.

See the full text of the Draft Decision HERE.

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