Top lawmakers have agreed on fines up to
VND2billion (US$96,000) for companies and organisations who violate civil laws
and regulations, a five-fold increase over the current fine.
The
penalty was among those discussed on the first day of the 7th session of the
National Assembly Standing Committee yesterday, which is focusing on the draft
Law on Administrative Punishments.
The
draft law will come up for ratification by the National Assembly next month.
Under
the Standing Committee proposal, individual violators may be fined VND50,000-1
billion ($2.40 to $48,000) – from minor breaches, such as traffic
infringements, to major events like industrial pollution – while companies and
organisations may be fined up to VND2 billion. However, not everyone agreed the
fines were adequate.
"The
fine of VND2 billion for collective violators (companies and organisations)
sometimes means nothing to them," said Chairman of the NA Committee on
Finance and Budget Phung Quoc Hien. "I recommend we set a higher
fine."
NA
deputy chairwoman Tong Thi Phong called for a detailed framework on fine rates.
"There
might be one, two or even three levels of punishments for repeat
offenders," she said.
Phong
also asked for more rights of local People's Councils to join in discussions
and decisions on administrative fines specifically for their localities.
"This
also should be stated clearly in the law," she said
Answering
comments from members on whether the maximum VND2 billion fine was too low for
environmental protection violations, NA Deputy Chairman Uong Chu Luu said the
proposed fine was five times higher than the current one.
Under
current regulations, only the centrally-governed cities of Ha Noi, HCM City, Da
Nang, Can Tho and Hai Phong qualify to have their fines increased.
However,
the Standing Committee discussed whether to apply the higher civil fines to
other cities, particularly regarding regulations on inner city transport,
environment and urban management.
Chairman
of the NA Economic Committee Tran Van Giau suggested adding fine increases to
provincial cities of Nha Trang, Ha Long and Hue. He said the consequences of
violations in high-population cities could be worse than in smaller cities.
Chairwoman
of the NA Committee for Social Affairs Truong Thi Mai agreed and recommended
higher fines for environmental and urban management violations.
"For
instance, we need to be stricter on inner-city noise or litter
violations," Mai said. "For urban management, we should add
regulations to prevent fighting and domestic violence."
The
Standing Committee decided to leave the discussion on imposing higher fines on
other cities to the National Assembly.
Regarding
a draft regulation that the Government be allowed to adjust maximum fines to
take account of price fluctuations, the Standing Committee decided that because
the fines had an impact on citizens' basic rights, only the National Assembly
had the authority to adjust them.
However,
some members said the Government should still have a role in deciding the
fines, which was in accordance with the NA's resolution.
The
committee ruled that all remaining concerns be discussed at the NA meeting next
month.
The
Standing Committee will be in session for 10 days.
VNS
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