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Lack of mechanisms
On the morning of October 6, a man drove his car onto the lawn by Thien Quang Lake, Hanoi, picked up a tree, and then nonchalantly “let go” despite everyone passing by. According to the Government Decree 155/2016, acts of urinating in an inappropriate place in public places will be fined from 1 to 3 million dong; ashtray, improper disposal of cigarette butts 500,000 to 1 million VND … When asked about this regulation, a woman who ran the public toilet by Thien Quang Lake said: “Every day here Some people go to the toilet indiscriminately, they even “go” right next to this bathroom but no one has been punished. And the smoking around here is endless. “
The “indiscriminate hygiene” must be sanctioned is one of the norms that many people consider difficult to implement. Exchange with Tien PhongLawyer Nguyen Thanh Tung – ICC Law Firm assessed that there are many violations that are difficult to impose sanctions such as smoking in public places, ashtray in the wrong place; insulting others into giving birth to only one child; belittling other fat, bald men; touching cooked food with bare hands when selling… “These acts lack culture, cause environmental contamination… but the sanctions regulations lack an implementation mechanism, which makes their implementation difficult. This reduces the effectiveness and efficiency of the law in social management ”- said lawyer Tung.
A rule is also considered difficult to implement when, from November 15, inviting and forcing others to consume tobacco and alcohol is sanctioned. This is one of the contents of the Government Decree 117/2020 / ND-CP on administrative sanctions in the health sector. When asked about the regulation prohibiting the sale of alcohol and tobacco to people under 18 years of age, Ms. Nguyen Thi Mai, owner of a grocery store on Tran Cung Street (Hanoi) said: “I agree, but I feel that we are forcing ourselves to bear responsibility, how do I know the age of the buyer and it is also difficult to ask for identification. They told me to buy alcohol for his father, how do we know where they bought it? Or the men around here call me and tell me that have a son to get the beer barrel, of course we have to sell, if that’s the wrong punishment. “
Regarding punishment, Mr. Nguyen Quoc Van, Chairman of the People’s Committee of Ngoc Thuy Ward (Long Bien, Hanoi) shared that some of the above provisions are difficult to implement or impossible to sanction for a long time. He said: “The neighborhood has a fine, but the penalties for people to pay the fine is very difficult. For example, to sanction the urban order, we collect furniture and they will be forced to pay the fine to recover it, but the environmental violation is the most difficult because we do not hide something from the violators so that they have to pay. Many decisions were “suspended” despite the fact that the local police delivered them to his home. “
Mr. Van added: “Like indiscriminately littering, cameras can be caught but there is no cold penalty. As for direct punishment, the neighborhood forces cannot always stop. Another difficulty is that there are no regulations on specialized forces because not all officers can prepare documents for their handling. However, these regulations are also very active, such as the prohibition of indiscriminate littering. There are places where people find out that the offender was still harassing, holding, and calling the room. Since then, the point of being thrown no longer exists and in my opinion this is important. “
Who dares to denounce their bosses to let their subordinates drink?
Lawyer Nguyen Thanh Tung shared that without a specialized force to simply implement the sanction, civilized regulations would also be difficult to implement. “Acts of forcing other people to drink alcohol will be fined 1-3 million dong; The head of an agency whose employees drink alcohol during working hours receives a fine of 3 to 5 million dong … but who dares to report that her boss lets her subordinates drink alcohol? Who would introduce friends who force me to drink beer? – Said lawyer Tung.
Mr. Tung also questioned that there are rules on sanctioning jurisdiction, but what forces are assigned to be in charge and how do they prove that the forced consumption or ashtray is not in the right place as stipulated by Decree 117? Despite the camera footage, is there any mechanism for the authorities to calm down? Evaluating the deterrent effectiveness of the capital fine of just one hundred thousand to a few million dong, this lawyer said: “As an act of insulting someone who has only one child (only having a boy or a girl) can be fined from 200-500 thousand VND. This level of penalty is enough to discourage, how to implement penalties for this behavior? ”.
In particular, Attorney Tung stated that whether the fine is high or low, if not done regularly and thoroughly, the violations will definitely be repeated, leading to a state of “greasy law” and not even. They have an effect on the change in behavior and perception of society. For this, the lawyer said that it is necessary to strengthen the responsibility of state agencies, and at the same time create a convenient mechanism for the person who performs the task.
“For example, few people accuse their relatives of smoking in public, strangers also do not know who to report, so the competent agency must prevent and detect this proactively. In addition, it is necessary to consider the process of handling administrative infractions because according to the law, it is only sanctioned without making records if fines of up to VND 250,000 are imposed for individuals, VND 500,000 for organizations. It is necessary to raise the sanctioning level, applying the non-registration process to simplify the sanction ”, said lawyer Tung.
As of 1/1, the regulation of not sacrificing animals to the same species came into force officially, limiting fear and pain to animals and was judged as civilized by agricultural experts. international regulations, ensuring the quality of meat for food … However, in exchange for Tien Phong, the leaders of the two Neighborhood People’s Committees in Hanoi have claimed that so far, they have only focused on propaganda, they still cannot sanction. in any case, because: “This is quite delicate.”
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