The Law on amendments and supplements to a number of articles of the Law on Handling of Administrative Violations was passed by the XIV National Assembly of the Socialist Republic of Vietnam at its 10th session on November 13, 2020 (hereinafter collectively referred to as an abbreviated as “Amendment Law”).
Through this article, let’s learn with Bizlawyer about new changes in maximum fine levels in fields under the Amendment Law.

Reasons for amendments and supplements

– Firstly: The maximum fine level in some areas of state management has been prescribed since 2012 (the time of promulgation of the Law on Handling of Administrative Violations). At the present time, this fine level is too low compared to socio-economic development.
– Secondly: After nearly 8 years (from the time of promulgation of the Law on Handling of Administrative Violations), a number of violations in the fields of law are increasingly common, sophisticated, and illegal sources of income are: very large, causing great consequences to society, causing economic losses, even affecting the lives and health of people, but the maximum fine applied to these acts is still not commensurate with the nature and extent of the violation, lacks deterrence and is not sufficient to prevent and limit new administrative violations.
– Thirdly: The addition of the maximum fine in Article 24 of the Law on Handling of Administrative Violations for a number of new fields approved by the Standing Committee of the National Assembly stipulates specific maximum fine levels as a legal basis for the Government to stipulate during the implementation of the Law on Handling of Administrative Violations in the past few years are also very important.
– Fourthly: The names of some fields specified in Article 24 of the Law also changed in the laws passed after the Law on Handling of Administrative Violations was promulgated, so they also need to be revised for consistency.

Orientations for amendments and supplements

Firstly: Increase the maximum fine level in some fields;
Secondly: Add the maximum fine for a number of fields not yet specified in Article 24 of the Law on Handling of Administrative Violations;
Thirdly: Modify the names of a number of fields to suit the current Laws promulgated after the Law on Handling of Administrative Violations.

Modified and supplemented content

Increase the maximum fine of 10 fields such as:
– Road traffic: from 40 million to 75 million.
– Prevention and control of social evils: from 40 million to 75 million.
– Essential: from 50 million to 75 million.
– Management and protection of national borders: from 50 million to 75 million.
– Education: from 50 million to 75 million.
– Electricity: from 50 million to 100 million.
– Protecting the interests of consumers: from 100 million to 200 million.
– Irrigation: from 100 million to 250 million.
– Press: from 100 million to 250 million.
– Real estate business: from 150 million to 500 million.

Supplementing regulations on the maximum fine level of 08 fields, such as Foreign Affair; rescue; network security; network information security; state audit; obstructing proceedings; unemployment insurance; print.

Modify the names of some fields such as:
The field of production and trading of livestock and plant varieties into “cultivation”; production and trading of animal feed into “breed”; vocational training into “vocational education”; manage forests and forest products into “forestry”; exploration and exploitation of oil and gas and other minerals into “petroleum activities and other mineral activities”; restricting competition to “competition”; management of irrigation works; protect aquatic resources into “aquatic”.

The above are some new changes in maximum fine levels in fields under the Amendment Law. The Amendment Law will come into force from January 1, 2022.

* This newsletter is only for informational purposes about newly issued legal regulations, not used to advise or apply to specific cases.

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