What conditions do businesses need to meet to pay fines for repeated administrative violations?

What are the procedures for paying fines for administrative violations?

Pursuant to Article 78 of the Law on Handling of Administrative Violations 2012, the procedures for paying fines for administrative violations are specified as follows: following:

– During the time limit for implementing the sanctioning decision as prescribed in Clause 2, Article 68 or Clause 2, Article 79 of this Law, the sanctioned individual or organization must pay the fine at the State Treasury or pay it to the State Treasury account recorded in the sanctioning decision, except in cases where the fine has been paid as prescribed in Clause 2 of this Article. If the above deadline is exceeded, the penalty decision will be enforced and for each day of late payment of the fine, the violating individual or organization must pay an additional 0.05% of the total unpaid fine (amended by Clause 39, Article 1 of the revised Law on Handling of Administrative Violations 2020).

– In remote, border, or mountainous areas where travel is difficult, individuals and organizations that are sanctioned can pay the fine to the person with sanctioning authority. The person with sanctioning authority is responsible for collecting the fine on the spot and paying it to the State Treasury or paying it into the State Treasury’s account within no more than 07 days from the date of fine collection.

In case of fines at sea or outside office hours, the person with sanctioning authority may collect the fine directly and must pay it at the State Treasury or pay it into the State Treasury’s account within 02 working days from the date of arrival on shore or the date of collection of the fine.

– Individuals and organizations that commit administrative violations and are fined must pay the fine once, except for the cases specified in Article 79 of this Law.

In all cases of fine collection, the fine collector is responsible for delivering fine collection documents to the individual or organization paying the fine.

– The Government regulates this Article in detail.

Can businesses postpone the decision on fines for administrative violations?

Pursuant to Clause 37, Article 1 of the amended Law on Handling of Administrative Violations 2020, the regulations on postponing the implementation of decisions on fines for administrative violations are as follows:

– Postponement of enforcement of fine decisions is applied when the following conditions are met:

+ Individuals are fined from VND 2,000,000 or more, organizations are fined from VND 100,000,000 or more;

+ Individuals who are facing economic difficulties due to natural disasters, disasters, fires, epidemics, serious illnesses, and accidents; The organization is facing special or unexpected economic difficulties due to natural disasters, disasters, fires, and epidemics.

In case an individual encounters economic difficulties due to natural disasters, disasters, fires, epidemics, serious illnesses, or accidents, there must be confirmation from the People’s Committee of the commune where that person resides or the agency or organization where that person studies or works; In case an individual faces economic difficulties due to a serious illness or accident, additional confirmation from a medical examination and treatment facility at district level or higher is required.

In case an organization is facing economic difficulties due to natural disasters, disasters, fires, or epidemics, there must be confirmation from the Commune People’s Committee, Management Board of industrial parks, export processing zones, high-tech zones, economic zones, direct tax agency or immediate superior agency.

– Individuals and organizations must submit a request to postpone compliance with the decision to sanction administrative violations, accompanied by written confirmation from a competent agency or organization, as prescribed in Clause 1 of this Article, sent to the person who issued the sanctioning decision within the time limit specified in Clause 2, Article 68 of this Law. Within 05 working days from the date of receipt of the application, the person who issued the sanctioning decision shall consider and decide to postpone the implementation of that sanctioning decision.

The time limit for postponing the execution of a sanctioning decision is no more than 03 months from the date of the postponement decision.

– Individuals and organizations that are postponed from complying with sanctioning decisions may receive back documents, material evidence, and means of administrative violations that are being temporarily detained according to the provisions of Clause 6, Article 125 of this Law.

Thus, an enterprise can postpone the decision to impose fines on administrative violations when the enterprise encounters economic difficulties due to natural disasters, disasters, fires, epidemics and has confirmation from the Commune People’s Committee, Management Board of industrial parks, export processing zones, high-tech zones, economic zones, directly managing Tax agencies or immediate superior agencies, the decision on fines will be postponed.

To be transferred to pay fines for repeated administrative violations, what conditions do businesses need to meet?

Pursuant to Article 79 of the Law on Handling of Administrative Violations 2012, regulations on paying fines for administrative violations multiple times are as follows:

– Paying fines in multiple installments is applicable when all of the following conditions are met:

+ Fine of VND 15,000,000 or more for individuals and VND 150,000,000 or more for organizations;

+ Are facing special economic difficulties and have requested to pay fines multiple times. The individual’s application must be confirmed by the People’s Committee of the commune where he or she resides or the agency or organization where he or she studies or works, confirming his or her exceptional economic hardship. The organization’s application must be approved by the Commune People’s Committee, the Management Board of industrial parks, export processing zones, high-tech zones, economic zones, directly managed Tax agencies or direct superior agencies confirming special economic difficulties.

(amended by Clause 40, Article 1 of the Law on Handling of Administrative Violations Amended 2020).

– The time limit for paying fines in multiple installments is no more than 06 months from the effective date of the sanctioning decision; The maximum number of times to pay the fine is not more than 3 times.

The minimum first-time fine payment is 40% of the total fine.

– The person who issued the decision to impose a fine has the right to decide to pay

Thus, if an enterprise wants to be applied to pay fines for administrative violations multiple times, the enterprise must be fined 150,000,000 VND or more, be facing special economic difficulties and have an application to pay fines multiple times. The organization’s application must be certified by the commune-level People’s Committee, the Management Board of industrial parks, export processing zones, high-tech zones, economic zones, the directly managing Tax agency or the immediate superior agency to confirm special economic difficulties. Therefore, in this case, the enterprise is not eligible to apply for multiple fine payments.