Promote decentralization and clearly define responsibilities

Tam Ky City People's Committee organized enforcement of a case of a household illegally building a house in An Phu ward (May 2022). Photo: N.D

Handling multiple violations

Along with socio -economic development, the situation of administrative violations (VPHC) in general and in 5 areas: land; environment; construction; security, order, social safety and prevention of social evils in particular in the province has increased year by year and become more complicated.

In the past 3 years (2021 - 2023), in the 5 monitored areas, localities and units have detected and handled many violations. Organizations and individuals who were sanctioned for administrative violations basically strictly complied with the sanctioning decisions of competent authorities, especially in paying fines.

Of which, in 9 monitored district-level localities, 1,185 decisions on administrative sanctions by district-level People's Committee Chairmen have been executed (accounting for 72%), with the collected amount of 10.29 billion VND. In 3 monitored specialized departments and branches, 15,854 decisions on administrative sanctions have been executed (accounting for 88.4%), with the collected amount of more than 7.95 billion VND.

The results of the administrative sanctions against administrative violations have had a positive impact, contributing to raising awareness of law compliance of organizations and individuals; having a deterrent effect, preventing violations of the law in the province.

However, according to the Provincial People's Council's Supervisory Delegation, the organization of the implementation of decisions on administrative sanctions in practice is still inadequate. Many decisions on administrative sanctions at the Provincial Police, Department of Natural Resources and Environment and 8 districts, towns and cities have not been fully implemented after being issued.

Monitoring and urging the implementation of remedial measures and decisions on administrative sanctions are not regular and are still open. This leads to a low rate of implementation of decisions on administrative sanctions, especially in the land sector.

During the reporting period, the People's Committee of Tam Ky City said that in the field of land, the Chairman of the People's Committee of the city issued 96 decisions on administrative sanctions, with fines totaling more than 1 billion VND. Only 39 decisions on administrative sanctions have been completed.

In Dien Ban town, out of 85 decisions on administrative sanctions in the land sector by the Chairman of the Town People's Committee, 79 decisions have not been implemented to remedy the consequences.

According to Mr. Tran Uc - Chairman of Dien Ban Town People's Committee, the decisions on administrative sanctions issued by the Town People's Committee have not been enforced, but the issuance of enforcement decisions for these cases is facing difficulties and obstacles.

In particular, the application of enforcement measures must be carried out in the order prescribed in Clause 2, Article 86 of the Law on Handling of Administrative Violations. Subsequent measures shall only be applied when such enforcement measures cannot be applied or have been applied but the amount of money to be enforced has not been fully collected according to the enforcement decision.

According to Vice Chairman of the Provincial People's Council Nguyen Cong Thanh, many agencies and units have not fully implemented measures to ensure the enforcement of decisions on administrative sanctions, especially measures to enforce decisions on administrative sanctions.

For example, in Nui Thanh, there is no case of applying measures to ensure the enforcement of decisions on compulsory sanctions against administrative violations. Tam Ky City has applied measures to ensure the enforcement but the rate is still low, such as in the land sector, 7 enforcement decisions have been issued, in the construction sector, 4 enforcement decisions have been issued and only 2 decisions have been successfully organized. For Dien Ban, 15 enforcement decisions have been issued in the land sector but no enforcement has been organized.

Strengthening coordination, overcoming limitations

At the meeting with the Provincial People's Council's Supervisory Delegation, the representative of the Department of Natural Resources and Environment said that during the period, 26 decisions on administrative sanctions against violations of law had been issued and advised the Chairman of the Provincial People's Committee to issue. As of the reporting time, 23 organizations had completed the implementation of administrative sanctions against violations of law, with a total amount of nearly 2 billion VND collected.

The Provincial People's Council's supervisory delegation worked with the sectors.

Regarding the cases that have not been completely handled, according to Ms. Trinh Thi Minh Hai - Deputy Director of the Department of Natural Resources and Environment, the enforcement procedures are in the process, but it is predicted that it will be very difficult. The individuals who are fined do not have the financial capacity to pay the fine, the organizations that are fined go bankrupt or are dissolved, causing difficulties in enforcing the decision to sanction administrative violations.

As in the case of Mr. TVM and TCT, who were fined for administrative violations by the Chairman of the Provincial People's Committee in 2021, they have not yet paid the fine. In cases where the subject of administrative violations is a state management agency, it is very difficult to recover the fine because it is also from the state budget and the state management agencies do not have the funds to pay the fine. Specifically, in the case of the Dien Ban Town Construction Investment Project Management Board, which was fined by the Chairman of the Provincial People's Committee in 2023, it has not yet paid the fine...

In the recommendations made through supervision, for the Provincial People's Committee, the Provincial People's Council's Supervision Delegation proposed to direct departments, branches, and district-level People's Committees to organize a review and classification, and have solutions to speed up the implementation of administrative penalty decisions that are still valid.

Focus on decisions with high fines and difficult-to-remedy consequences, minimize decisions that have expired; report to the Provincial People's Council the results of organizing the implementation of 45 newly partially implemented decisions and 410 unimplemented decisions at the regular meeting in mid-2025.

At the same time, assess the role and responsibility of competent persons in organizing the implementation of decisions on administrative sanctions. Regularly urge and remind violators to implement sanction decisions, focusing on implementing measures to overcome consequences.

Publicize the list of individuals, units, and localities that are slow to implement decisions of competent authorities or repeatedly commit violations on the electronic information portals of departments, branches, localities, and the Provincial Public Service Portal.

In the coming time, according to Vice Chairman of the Provincial People's Council Tran Xuan Vinh - Head of the Supervisory Delegation, the Provincial People's Committee needs to promote decentralization and authorization in state management and handling of administrative violations.

Strengthen coordination; clearly define responsibilities, effectively coordinate in the process of handling administrative violation penalty records related to many sectors and levels in the province; between district-level professional agencies and communes, wards and towns to overcome limitations in administrative violation penalty work.

Source: https://baoquangnam.vn/chap-hanh-quy-dinh-phap-luat-ve-xu-ly-vi-pham-hanh-chinh-day-manh-phan-cap-quy-dinh-ro-trach-nhiem-3143856.html