According to the draft Proposal, after 12 years of implementation, the Law on Handling of Administrative Violations (LLV) has contributed to ensuring order and discipline in administrative management, security, social order and safety, and protecting the rights and legitimate interests of individuals and organizations.

However, in response to the urgent need to reorganize and streamline the State apparatus, strongly reform administrative procedures, and accelerate the application of science and technology in State management, the system of regulations of the Law on Administrative Procedures has revealed many shortcomings and has not kept up with the development of practice.

The Ministry of Justice is finalizing the draft Law on Handling of Administrative Violations (amended).

The merger and consolidation of agencies and units in the administrative apparatus, the transfer of management tasks between ministries and branches have a great impact on the regulations on the authority to sanction administrative violations, the authority to decide on enforcement, the authority to apply preventive measures and ensure the handling of administrative violations of positions and the regulations on the process of applying administrative handling measures, and the organization of the implementation of decisions in handling administrative violations.

Some specific regulations related to the maximum fine, the authority to impose fines, the fine level for acts... in the Law on Administrative Violations have become outdated compared to current socio-economic development conditions; regulations on the enforcement of decisions on administrative sanctions and enforcement of decisions on administrative sanctions are not really suitable and do not meet practical requirements (such as the current regulations on the seizure and preservation of licenses and practice certificates are no longer suitable when many types of licenses and practice certificates are issued in electronic form)...

The draft Law on Handling of Administrative Violations (amended) aims to comprehensively amend and supplement the provisions of the Law on Handling of Administrative Violations to promptly overcome limitations and shortcomings in the implementation process, ensuring that the legal system on handling administrative violations is consistent with the context of socio-economic development and apparatus organization; meeting the requirements of arranging and streamlining the state apparatus, administrative reform, improving the effectiveness and efficiency in handling administrative violations; simplifying procedures in handling administrative violations, ensuring flexibility, creating favorable conditions for people and businesses in law enforcement.

Deputy Minister of Justice Dang Hoang Oanh emphasized that, along with amending provisions related to the organizational apparatus, it is necessary to review and amend the contents that are still stuck in reality and in the practice of organizing enforcement such as: Making records, storing evidence, temporarily holding... These are difficulties and obstacles in the practical handling of administrative violations by competent authorities, and regulations that can affect the rights and interests of people and businesses.

In addition, it is necessary to focus on the group of regulations to improve the capacity of State management, including affirming the responsibility of the Ministry of Justice to be responsible to the Government for the handling of administrative violations. In particular, it is necessary to stipulate resources to ensure the handling of administrative violations such as: Supplementing principles on funding for law enforcement on handling administrative violations to be guaranteed by the state budget; the policy of allocating a portion of the revenue from administrative violation fines after being paid into the state budget to directly support the handling of administrative violations; increasing facilities, equipment, human resources, etc.

According to baotintuc.vn