When is exempt from paying administrative fines?

When is exempt from paying administrative fines?

A reader who has email address as tranmanhx @ xx asked: I have just been sanctioned for an administrative violation of VND1 00,000,000. However, due to difficult family circumstances, I am unable to pay the fine. I would like to ask, May I suspend the enforcement of the decision to impose a fine or to waive it?

Lawyer Pham Thi Hang, the YouMe Law Firm answers:

Clauses 1 and 2, Article 76 of the Lawon Handling of Administrative Violations 2012stipulates the postponement of execution of a fine decision as follows:

1. A decision on imposition of fine may be postponed from execution in case the individual subject to a fine of VND 3,000,000 or more encounters a special or unexpected economic difficulty due to a natural calamity, disaster, fire, epidemic, dangerous illness or accident as certified by the commune-level People’s Committee of the locality where he/she resides by the agency or organization where he/she studies or works.

2. Individuals shall send written requests for postponement of execution of sanctioning decisions to agencies of persons who have issued such decisions. Within 5 days after receiving a written request, the person who has issued the sanctioning decision shall consider and decide to postpone the execution of such decision.

Clause 1 and Clause 2 Article 77 of the 2012 Law on handling of administrative violations provide for the reduction and exemption of fines as follows:

1. Individuals who fall into the case specified in Clause 1, Article 76 of this Law and are unable to execute sanctioning decisions may be considered for reduction of or exemption from remaining fine amounts stated in such decisions.

2. Individuals mentioned in Clause 1 of this Article shall send written requests for reduction of or exemption from remaining or whole fine amounts to persons who have issued sanctioning decisions.

Within 3 days after receiving a written request, the person who has issued the sanctioning decision shall transfer such request enclosed with the case file to his/her direct superior.

Within 5 days after receiving a written request, the direct superior shall consider, decide and notify the fine reduction or exemption to the person who has issued the sanctioning decision and the requester.

If disapproving the fine reduction or exemption, he/she shall clearly state the reason for disapproval.

In case chairpersons of provincial-level People’s Committees have issued sanctioning decisions, these provincial-level People’s Committees shall consider and decide on fine reduction or exemption.

Thus, in case you are in difficult circumstances and cannot afford to pay the fine under the decision to sanction an administrative violation, you can apply for deferred action of the decision to impose a fine, waive or reduce the amount of the fine.

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