The Chairman of the People's Committee and the Chief of Commune Police after the arrangement have the right to impose the same penalty as at the district level
The Government proposes to allow commune police chiefs after the arrangement to have the authority to impose penalties according to the authority of district police chiefs.
Continuing the 9th Session, on the morning of May 15, Minister of Justice Nguyen Hai Ninh, authorized by the Prime Minister, presented the Draft Law on amending and supplementing a number of articles of the Law on Handling of Administrative Violations (XLVPHC).
Minister Nguyen Hai Ninh emphasized the amendment and supplementation of the provisions of the law to continue implementing decentralization and delegation of authority in administrative procedures; enhancing the application of information technology, digital transformation and simplifying administrative procedures.
Timely overcome basic and universal limitations and shortcomings in the process of implementing the law in recent times.
Thereby, contributing to facilitating people and businesses; improving the effectiveness and efficiency of state management, the quality of activities of public service forces, especially to ensure compliance with the policy of organizing the state management apparatus in the past and in the coming period.
The draft Law amended and supplemented the authority to decide on enforcement of the decision on sanctioning administrative violations in the direction of general regulations for people with the competent authority of XLVPHC as the head of the head or head of the agency or unit, instead of stipulating specific titles as currently.
This is to ensure flexibility and timeliness in responding to changes in the organizational apparatus, while also being in line with the policy of enhancing self-responsibility in performing public duties under its authority.
Amend regulations on the authority to prepare records, review, decide to apply administrative handling measures, and implement decisions to apply administrative handling measures.
To continue implementing the policy of decentralization and delegation of authority, associated with the arrangement and streamlining of the apparatus, the draft law stipulates that the National Assembly Standing Committee and the Government shall specify the position with competent sanctions.
The authority to impose fines, apply forms of sanctions, and remedial measures for each position based on the force, specific positions have been stipulated in the Law on administrative expenses.
Stipulating the terms of transition allows the chief of the commune -level police (new) authority to sanction under the authority of the district police chief; The Chairman of the People's Committee of the commune (new) has the authority to sanction under the authority of the Chairman of the district People's Committee since the law is approved.
Regarding the reason, the Government said that according to current regulations, these positions are positions that directly sanction administrative violations, and can detect and handle administrative violations at the grassroots level, with very low fines.
The Chairman of the People's Committee at the commune level (currently) only has the authority to impose a maximum fine of VND 5,000,000, the Chief of the Commune-level Police (currently) has the authority to impose a maximum fine of VND 2,500,000.
At the same time, all forms of sanctions and remedial measures will not be fully applied, while from July 1, 2025, the two-level local government will be unified.
The higher authority for the commune (new) forces is a necessary solution, suitable for the transition period, when the decrees stipulate that XLVPHC in the fields of state management have not been able to amend and supplement in accordance with the Draft Law.
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