If you are fined for an administrative violation, can you make multiple "contributions"?

My family is in the countryside, everyone hires them to do whatever they want, my brother drives a motorbike taxi to earn money to send back home to support the family. After a few months, I suddenly heard that he was fined for illegally transporting people across the border, now fined 30 million VND. He had no money, so he asked me if there was any way to manage.

Actually, I don't have much savings. I have to worry about monthly living expenses, taking care of my mother in the hospital, and many other expenses. Now having to pay such a large fine at once is beyond my brothers and I's ability. We asked to borrow from acquaintances but couldn't, we thought about borrowing "black credit" but considering the possibility of not being able to afford the interest, it would be more dangerous.

May I ask, according to the law, can my brother ask the authorities to let him pay the fine in installments? If so, what procedures does he need to follow?

Reply:

According to the provisions of Clause 3, Article 78 of the Law on Handling of Administrative Violations 2012, amended and supplemented in 2020 (Law on Handling of Administrative Violations), individuals and organizations committing administrative violations and being fined must pay the fine in one lump sum, except for the cases prescribed in Article 79 of this Law:

-Firstly, multiple fine payments are applied when the following conditions are met: being fined from 15 million VND or more for individuals and from 150 million VND or more for organizations; facing special economic difficulties and having a request to pay multiple fines.

The individual's application must be confirmed by the People's Committee of the commune (where the person resides or the agency or organization where the person studies or works) as having special economic difficulties.

The organization's application must be confirmed by the People's Committee at the commune level, the management board of the industrial park, export processing zone, high-tech zone, economic zone, the directly managing tax authority or the directly superior agency regarding the special economic difficulties.

- Second, the deadline for paying multiple fines is no more than 6 months from the effective date of the penalty decision; the maximum number of fine payments is no more than 3 times; the first fine payment is at least 40% of the total fine amount.

-Third, the person who issued the decision to impose a fine has the right to decide to pay the fine in installments. The decision to pay the fine in installments must be in writing.

In this case, considering that your brother was fined 30 million VND, he has satisfied the condition of "being fined from 15 million VND or more". However, your brother must submit a request to pay the fine in installments to the People's Committee of the commune or ward where he resides (or the competent authority or organization where he is working) to be confirmed as having special economic difficulties.

In addition, you should note that the deadline for paying multiple fines is no more than 6 months from the effective date of the penalty decision. At the same time, the maximum number of fines paid is no more than 3 times, and the minimum first fine payment is 12 million VND (40% of the fine amount).