Administrative violations subject to 30% salary deduction for enforcement of fines
A reader with email vantrungxxx@gmail.co asked: Can the salary of a person subject to administrative violation be deducted to enforce the payment of the fine?
Lawyer Ho Thu Trang, YouMe Law Firm LLC, replied:
Article 10 of Decree No. 296/2025/ND-CP regulating the enforcement of decisions on administrative sanctions (effective from January 1, 2026) stipulates the subjects subject to the measure of enforcement of partial deduction of salary or part of income as follows:
1. Individuals subject to enforcement measures are cadres, civil servants, public employees, people of the People's Army, People's Public Security, people working in the Majority organization; individuals working and receiving salaries or income at an agency, unit, organization or having short-term seasonal income rented by households, business households, and employers.
2. Individuals subject to enforcement measures are enjoying pension benefits according to the provisions of the law on social insurance.
Article 13 of Decree No. 296/2025/ND-CP stipulates the rate of deduction of a portion of salary or income for individuals subject to enforcement measures as follows:
The deduction of a portion of salary or income can be carried out many times, at the following rate:
1. For salaries and pensions, the deduction rate for each time must not exceed 30% of the total monthly salary and pension actually paid after deducting social insurance, health insurance, unemployment insurance, personal income tax and must ensure the minimum living conditions of that person and the person being supported according to the provisions of law.
2. For other incomes, the deduction rate for each deduction must not exceed 50% of the total monthly income, but must ensure the minimum living conditions of that person and the person being supported according to the provisions of law.
Thus, from January 1, 2026, individuals may have their salaries and income deducted to enforce the payment of administrative fines according to the above regulations.
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