Vietnam Proposes Higher Fines, Extends Simplified Process to 'Cold' Fines

Vietnam's Ministry of Public Security is proposing an increase in the maximum fines for administrative violations handled without a formal written record, extending this simplified procedure to include 'cold' fines detected by technical equipment. The proposed amendments to the Law on Handling Administrative Violations aim to streamline the process.

Under the current draft, the maximum fine for individuals would rise to 1 million Vietnamese dong (approximately $40 USD), from the current 500,000 dong, and for organizations, it would increase to 2 million dong, from 1 million dong. This expansion to include 'cold' fines, typically gathered through traffic cameras or other monitoring devices, is intended to expedite enforcement.

However, some agencies have expressed reservations about applying the simplified procedure universally to 'cold' fines. They argue that many such cases, spanning traffic safety, fire prevention, and environmental protection, can be complex. Establishing a formal record is crucial in these instances to accurately document violations, gather evidence, and ensure the rights of individuals and organizations to explanation and appeal are protected.

These dissenting opinions suggest that a blanket application of the simplified procedure could negatively impact the responsibilities of enforcement agencies and the legal rights of violators, particularly in cases of force majeure or mitigating circumstances. They recommend that the scope of simplified procedures be clearly defined, either by specifying particular fields or types of violations, or by limiting it to cases explicitly stipulated by the government based on the simplicity and clarity of the violation.

In response, the Ministry of Public Security stated that violations detected by technical equipment already possess sufficient evidence, such as documented information, images, and data, to issue penalty decisions. They outlined a process involving notification to the violator, issuance of a decision, and subsequent enforcement, asserting that this approach balances procedural simplification with objectivity.

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These figures are just the tip of the iceberg. Many people who feel disadvantaged due to ageism simply choose to exit the workforce and do not appear in the unemployment figures.