No interruption in sanctioning when operating 2-level local government

National Assembly deputies proposed to clarify the authority to impose penalties in the context of two-level local government organization when the Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations comes into effect.

On the afternoon of June 11, the National Assembly discussed in the hall the draft Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations...

Deputy Pham Van Hoa ( Dong Thap ) highly appreciated the drafting committee for accepting most of the comments in the group on the afternoon of May 16 when it did not include in the draft law a provision on increasing fines many times. This will make business people and people happy because their income is still low.

Scene of the meeting on the afternoon of June 11. Photo: QUANG PHUC

Delegate Pham Van Hoa suggested that the draft should clearly stipulate the statute of limitations for penalties to avoid cases where the statute of limitations expires without penalties being imposed.

Delegate Pham Van Hoa cited: "For example, with the traffic police's fines, there was a case where a violator was fined for up to 30 violations, but only discovered and punished the 31st violation. Therefore, the regulation must be on how to punish quickly, so that violators can learn from their mistakes and have innovative thinking to avoid being punished," Delegate Pham Van Hoa shared and also agreed with the regulation on increasing the authority to punish for commune-level agencies after being reorganized at the administrative unit.

To protect the rights and interests of the subjects being punished, Deputy Pham Van Hoa proposed to clarify the regulations on the mechanism for complaints against the decisions on punishment, who will file the complaint and which agency will handle it. The Deputy also suggested that the draft law should also consider increasing the level of penalties for violations in the fields of environment, counterfeit goods, football betting, food safety and hygiene, etc.

Delegate Pham Van Hoa (Dong Thap). Photo: QUANG PHUC

Participating in giving comments, Deputy Nguyen Tam Hung ( Ba Ria - Vung Tau ) proposed to clarify the authority to impose penalties in the context of organizing local government according to the 2-level model; proposed to add a new article, in the direction that in case an administrative unit is rearranged or adjusted, the authority to impose administrative penalties will be transferred to the receiving unit according to the corresponding functions and tasks. The Government needs to have instructions to ensure no interruption in handling administrative violations.

Delegate Nguyen Tam Hung (Ba Ria - Vung Tau). Photo: QUANG PHUC

Concerned about the application of the regulation on sending administrative penalty decisions via email, Deputy Nguyen Thi Viet Nga (Hai Duong) pointed out the reality that in society, many people are not proficient in technology, and may not receive penalty decisions, and even have disputes over the validity of sending penalty notices.

From that assessment, Deputy Nguyen Thi Viet Nga suggested that in the initial stage, electronic administrative sanctions can be regulated as a supplementary form in parallel with other traditional forms; in the later stage, "electronic form" can be considered an independent form of sanction.

Delegate Nguyen Thi Viet Nga (Hai Duong). Photo: QUANG PHUC

On the contrary, Deputy Nguyen Anh Tri (Hanoi) said that the regulation of electronic fine payment notification is a demonstration of the policy of "digital transformation" in administrative procedures. According to Deputy Nguyen Anh Tri, this method will be transparent and will not involve contact with the person responsible for imposing fines. "It is necessary to do it soon and put this method into practice. However, it is necessary to ensure that there are working tools and bring about efficiency; depending on the violation, the method of doing it must be adjusted accordingly," said Deputy Nguyen Anh Tri.

Previously, on May 15, Minister of Justice Nguyen Hai Ninh presented a report on the draft Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations. In particular, the draft law proposed to transfer the sanctioning authority of the district police chief to the commune police chief in order to be consistent with the process of restructuring the apparatus and transferring tasks between agencies and units, especially in the context of abolishing the district level and organizing local government according to a two-level model.

Specifically, the (new) commune police chief will be given the same sanctioning authority as the district police chief. Similarly, the (new) commune People's Committee Chairman is also proposed to have the same sanctioning authority as the district People's Committee Chairman...

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Source: https://www.sggp.org.vn/khong-lam-gian-doan-viec-xu-phat-khi-van-hanh-chinh-quyen-dia-phuong-2-cap-post799031.html