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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 183/2026/ND-CP
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Hanoi, May 25, 2026
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DECREE
AMENDING AND SUPPLEMENTING SOME ARTICLES OF THE DECREE NO. 03/2022/ND-CP
DATED JANUARY 06, 2022 PROVIDING FOR PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN
FIELDS OF NATURAL DISASTER MANAGEMENT; IRRIGATION; FLOOD CONTROL SYSTEMS
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on
Local Government Organization No. 72/2025/QH15;
Pursuant to the Law on
Handling of Administrative Violations No. 15/2012/QH13 amended and supplemented
by the Law No. 67/2020/QH14 and Law No. 88/2025/QH15;
Pursuant to the Law on
Flood Control Systems No. 79/2006/QH11 amended and supplemented by the Law No.
15/2008/QH12, Law No. 35/2018/QH14, Law No. 60/2020/QH14, Law No. 18/2023/QH15,
Law No. 47/2024/QH15, Law No. 84/2025/QH15 and Law No. 146/2025/QH15;
Pursuant to the Law on
Natural Disaster Management No. 33/2013/QH13 amended and supplemented by the
Law No. 60/2020/QH14, Law No. 18/2023/QH15, Law No. 47/2024/QH15, Law No.
55/2024/QH15 and Law No. 146/2025/QH15;
Pursuant to the Law on
Irrigation No. 08/2017/QH14 amended and supplemented by the Law No. 35/2018/QH14,
Law No. 59/2020/QH14, Law No. 72/2020/QH14, Law No. 16/2023/QH15, Law No.
28/2023/QH15, Law No. 54/2024/QH15 and Law No. 146/2025/QH15;
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The Government hereby
promulgates a Decree amending and supplementing some articles of the Decree No.
03/2022/ND-CP dated January 06, 2022 providing for penalties for administrative
violations in fields of natural disaster management; irrigation; flood control
systems.
Article
1. Amending and supplementing point b clause 1 of Article 4 as follows:
“b) Enforced transfer of
illegal benefits obtained from administrative violations or enforced payment of
an amount equivalent to the value of the exhibits/instrumentalities used for committing
administrative violations (hereinafter referred to as
“exhibits/instrumentalities”) that have been sold, concealed and disguised or
destroyed in contravention of the law;
Article
2. Amending and supplementing clause 2 of Article 6 as follows:
“2. The fines for
administrative violations specified in this Decree are imposed upon
individuals, except for the violations specified in Article 15, Article 16 and
clause 2 Article 17 of this Decree, the fines therefor are imposed upon
organizations.”.
Article
3. Repealing Article 7.
Article
4. Amending and supplementing clause 1 and clause 4 of Article 9 as follows:
“1. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for the act of damaging any
embankment, work serving erosion control, work serving land subsidence, work
serving flash flood control or work serving disaster warning, which is not so
serious that criminal prosecution may be brought.
4. Remedial measures:
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a) restore to the
original condition if any of the violations specified in clauses 1 and 2 of
this Article is committed;
b) pay an amount
equivalent to the value of the exhibits/instrumentalities that have been sold,
concealed and disguised or destroyed in contravention of the law if any of the violations
specified in clauses 1 and 2 of this Article is committed.”.
Article
5. Amending and supplementing certain clauses of Article 10 as follows:
1. The introductory
paragraph of clause 1 is amended and supplemented as follows:
“1. Fines shall be imposed
for the acts of dumping soil and waste and bringing raw materials, materials or
supplies into embankments, works serving erosion control, works serving land
subsidence, works serving flash flood control and works serving disaster
warning. To be specific:”.
2. Clause 1a is added
after clause 1 as follows:
“1a. A fine ranging
from VND 1,000,000 to VND 3,000,000 shall be imposed for bringing any vehicle
into an embankment, work serving erosion control, work serving land subsidence,
work serving flash flood control or work serving disaster warning.”.
Article
6. Point c is added after point b clause 4 of Article 11 as follows:
“c) pay an amount
equivalent to the value of the exhibits/instrumentalities that have been sold,
concealed and disguised or destroyed in contravention of the law if any of the
violations specified in clause 2 of this Article is committed.”.
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“1. A fine ranging from
VND 15,000,000 to VND 30,000,000 shall be imposed for any of the acts of
failing to comply with disaster management requirements during management,
operation and use of mineral mining areas and areas intended for mining of
other natural resources; urban areas; tourist attractions, tourism areas;
industrial parks; rural settlements; disaster management works, traffic works,
electric power works and other technical infrastructural constructions as
follows:”.
Article
8. Amending, supplementing and repealing certain clauses and points of Article
24 as follows:
1. Point a of clause 1 is
amended and supplemented as follows:
“a) Putting up tents or
kiosks; building temporary works within the protected area of a hydraulic
work;”.
2. Clause 4 is amended
and supplemented as follows:
“4. Fines shall be imposed
for increasing the scale of the existing work within the protected area of a
hydraulic work as follows:
a) A fine ranging from
VND 2,000,000 to VND 5,000,000 shall be imposed for constructing, extending or encroaching
a work, thereby increasing its area by less than 05 m2 or its length
by less than 10 m with regard to a linear work or wall;
b) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for constructing, extending or
encroaching a work, thereby increasing its area by from 05 m2 to
less than 10 m2 or its length by less than 20 m with regard to a
linear work or wall;
c) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for constructing, extending
or encroaching a work, thereby increasing its area by from 10 m2 to
less than 20 m2 or its length by from 20 m to less than 40 m with
regard to a linear work or wall;
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dd) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for constructing, extending
or encroaching a work, thereby increasing its area by from 30 m2 to
less than 50 m2 or its length by from 60 m to less than 80 m with
regard to a linear work or wall;
e) A fine ranging from VND
50.000.000 to VND 100.000.000 shall be imposed for constructing, extending or
encroaching a work, thereby increasing its area by at least 50 m2 or
its length by at least 80 m with regard to a linear work or wall.”.
3. Point b of clause 7 is
repealed.
4. Clause 7a and clause
7b are added after clause 7 as follows:
“7a. Fines for the
act of building any house, production facility and other reinforced work
without an operation license within the protected area of a hydraulic work
which is not so serious that criminal prosecution may be brought, except the
work specified in clause 7b of this Article are as follows:
a) A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for constructing a work with
an area of less than 10 m2;
b) A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for constructing a work with
an area of from 10 m2 to less than 20 m2;
c) A fine ranging from
VND 40,000,000 to VND 80,000,000 shall be imposed for constructing a work with
an area of from 20 m2 to less than 40 m2;
d) A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for constructing a work with
an area of from 40 m2 to less than 50 m2;
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“7b. Fines for the act of
building any bridge without an operation license within the protected area of a
hydraulic work which is not so serious that criminal prosecution may be brought
are as follows:
a) A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for constructing a local
temporary bridge;
b) A fine ranging from
VND 5,000,000 to VND 15,000,000 shall be imposed for constructing a permanent
bridge with a length of less than 05 m;
c) A fine ranging from
VND 15,000,000 to VND 30,000,000 shall be imposed for constructing a permanent
bridge with a length of from 05 m to less than 07 m;
d) A fine ranging from
VND 30,000,000 to VND 60,000,000 shall be imposed for constructing a permanent
bridge with a length of from 07 m to less than 10 m;
dd) A fine ranging from
VND 60,000,000 to VND 110,000,000 shall be imposed for constructing a permanent
bridge with a length of from 10 m to less than 15 m;
e) A fine ranging from
VND 110,000,000 to VND 180,000,000 shall be imposed for constructing a
permanent bridge with a length of from 15 m to less than 20 m;
g) A fine ranging from
VND 180,000,000 to VND 250,000,000 shall be imposed for constructing a
permanent bridge with a length of at least 20 m.”.
5. Clause 8a is added
after clause 8 as follows:
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Confiscate the
exhibits/instrumentalities for committing violations if the violation specified
in clause 8 of this Article is committed.”.
6. Clause 9 is amended
and supplemented as follows:
“9. Remedial measures:
The
violator is compelled to:
a) restore to the
original condition if any of the violations specified in clause 1; points a, b,
c, d and dd of clause 2; clause 4; clause 5; points a, b and c of clause 6; clause
7; clause 7a; clause 7b; clause 8 of this Article;
b) return the illegal
benefits obtained from the violations specified in points c, d and dd clause 6
of this Article;
c) pay an amount
equivalent to the value of the exhibits/instrumentalities that have been sold,
concealed and disguised or destroyed in contravention of the law if any of the
violations specified in clause 8 of this Article is committed.”.
Article
9. Amending and supplementing certain clauses and points of Article 26 as
follows:
1. Point a of clause 2 is
amended and supplemented as follows:
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2. Clause 4 is amended
and supplemented as follows:
“4. Additional penalties:
a) Suspend the license
for 01 to 03 months in the case of the violations specified in clauses 1, 2 and
3 of this Article;
b) Confiscate the
exhibits/instrumentalities for committing violations if the violation specified
in point b clause 3 of this Article is committed.”.
3. Clause 5 is amended
and supplemented as follows:
“5. Remedial measures:
The violator is compelled
to:
a) restore to the
original condition if any of the violations specified in points a and b clause
1; clause 2; clause 3 of this Article is committed;
b) pay an amount
equivalent to the value of the exhibits/instrumentalities that have been sold,
concealed and disguised or destroyed in contravention of the law if any of the
violations specified in point b clause 3 of this Article is committed.”.
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1. The introductory
paragraph of clause 3 is amended and supplemented as follows:
“3. Fines for the act of
damaging the auxiliary work of a flood control system which
is not so serious that criminal prosecution may be brought or for
illegally appropriating, using or moving the auxiliary work of a flood control
system are as follows:”.
2. The introductory
paragraph of clause 6 is amended and supplemented as follows:
“6. Fines for the act of
mining minerals within the protected area of a flood control system which is
not so serious that criminal prosecution may be brought are as follows:”.
3. Clause 9 is amended
and supplemented as follows:
“9. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for the act of carrying out
a blasting activity damaging the dike body which is not so serious that
criminal prosecution may be brought, except emergency case where the competent
person specified in Article 34 of the Law on Flood Control Systems decides to
carry out a blasting activity or destruction in order to divert flood or retard
flood for dike protection purpose.”.
4. Point d is added after
point c clause 4 of Article 11 as follows:
“d) pay an amount
equivalent to the value of the exhibits/instrumentalities that have been sold,
concealed and disguised or destroyed in contravention of the law if any of the
violations specified in clauses 1 through 9 of this Article is committed.”.
Article
11. Amending and supplementing certain clauses of Article 28 as follows:
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“1. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed for the following acts:
a) Operating a flood
diversion work or flood retardation work within the safety perimeter of a flood
control system in contravention of the technical regulation, which is not so
serious that criminal prosecution may be brought;
b) Operating a dike
culvert, spillway, dike-crossing work, pumping station or lock in contravention
of the technical regulation within the safety perimeter of a flood control
system.”.
2. Clause 3 is amended
and supplemented as follows:
“3. Remedial measures:
a) restore to the
original condition if any of the violations specified in clause 1 of this
Article is committed;
b) pay an amount
equivalent to the value of the exhibits/instrumentalities that have been sold,
concealed and disguised or destroyed in contravention of the law if any of the
violations specified in clause 1 of this Article is committed.”.
Article
12. The phrase “tang vật,”
(“exhibits,”) in clause 4 of Article 29 is repealed.
Article
13. Amending and supplementing the introductory paragraph of clause 1 of
Article 32 as follows:
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Article
14. Amending and supplementing clause 2 of Article 37 as follows:
“2. Persons that have the
power to make records of the administrative violations against regulations
specified in this Decree include:
a) The persons that have
the power to impose penalties for the administrative violations specified in
Articles 38 to 46 of this Decree, who also have the power to make records of
administrative violations in respect of acts falling in the fields and within
the scope under their management in the performance of their duties;
b) Civil servants and
public employees in the performance of their duties in relation to natural
disaster management; irrigation; flood control systems;
c) Civil servants and
public employees in the performance of their duties to carry out inspections
and examinations in relation to natural disaster management; irrigation; flood
control systems;
d) The persons working
for the People's Army and People's Public Security Forces, who have the power
to make records of the administrative violations specified in this Decree in
the performance of their duties in relation to natural disaster management;
irrigation; flood control systems;
dd) If an act denoting an
administrative violation does not fall within his/her power to make records of
administrative violations or does not involve the fields or areas under his/her
management, a competent person in the performance of their duties specified in
point a, b, c or d of this clause shall prepare a minutes of working session to
record the case and immediately forward such minutes to the competent person.”.
Article
15. Amending, supplementing and repealing certain clauses of Article 38 as
follows:
1. Clause 1 is amended and
supplemented as follows:
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a) Issue warnings;
b) Impose a fine up to
VND 25,000,000 in the field of natural disaster management; VND 125,000,000 in
the field of irrigation; VND 50,000,000 in the field of flood control systems;
c) Suspend licenses for a
fixed period;
d) Confiscate
exhibits/instrumentalities;
dd) Enforce the remedial
measures specified in Article 4 of this Decree.”.
2. Clause 2 is repealed.
Article
16. Article 38a is added after Article 38 as follows:
“Article 38a.
Power of heads of agencies tasked with state management of natural disaster
management; irrigation; flood control systems and other title holders
1. Directors of
Sub-departments in charge of irrigation, flood control systems and natural
disaster management affiliated to Departments of Agriculture and Environment
have the power to:
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b) Impose a fine up to
VND 25,000,000 in the field of natural disaster management; VND 125,000,000 in
the field of irrigation; VND 50,000,000 in the field of flood control systems;
c) Suspend licenses for a
fixed period;
d) Confiscate
exhibits/instrumentalities;
dd) Enforce the remedial
measures specified in Article 4 of this Decree.
2. Directors of
Departments of Agriculture and Environment have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 40,000,000 in the field of natural disaster management; VND 200,000,000 in
the field of irrigation; VND 80,000,000 in the field of flood control systems;
c) Suspend licenses for a
fixed period;
d) Confiscate
exhibits/instrumentalities;
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3. Director General of
Department of Hydraulic Works Management and Construction; Director General of Vietnam
Disaster and Dyke Management Authority have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 50,000,000 in the field of natural disaster management; VND 250,000,000 in
the field of irrigation; VND 100,000,000 in the field of flood control systems;
c) Suspend licenses for a
fixed period;
d) Confiscate
exhibits/instrumentalities;
dd) Enforce the remedial
measures specified in Article 4 of this Decree.
4. Heads of examination
teams established by Director General of Department of Hydraulic Works
Management and Construction; Director General of Vietnam Disaster and Dyke
Management Authority; Chief of Office of the Ministry of Agriculture and
Environment have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 40,000,000 in the field of natural disaster management; VND 200,000,000 in
the field of irrigation; VND 80,000,000 in the field of flood control systems;
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d) Confiscate
exhibits/instrumentalities;
dd) Enforce the remedial
measures specified in Article 4 of this Decree.
5. The head of the
examination team established by the Ministry of Agriculture and Environment has
the power to:
a) Issue warnings;
b) Impose a fine up to
VND 50,000,000 in the field of natural disaster management; VND 250,000,000 in
the field of irrigation; VND 100,000,000 in the field of flood control systems;
c) Suspend licenses for a
fixed period;
d) Confiscate
exhibits/instrumentalities;
dd) Enforce the remedial
measures specified in Article 4 of this Decree.”.
Article
17. Repealing Article 39.
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“Article 40. Power to
impose penalties of Fisheries Surveillance Forces
1. Fisheries surveillance
officials have the power to:
a) Impose a fine up to VND
2,500,000 in the field of natural disaster management;
b) Confiscate
exhibits/instrumentalities whose value does not exceed VND 5,000,000 in the
field of natural disaster management.
2. Heads of fisheries
surveillance stations affiliated to regional Sub-Departments of Fisheries
Surveillance have the power to:
a) Impose a fine up to
VND 10,000,000 in the field of natural disaster management;
b) Confiscate
exhibits/instrumentalities whose value does not exceed VND 20,000,000 in the
field of natural disaster management;
c) Enforce the remedial
measures specified in Article 4 of this Decree.
3. Directors of Regional
Sub-Departments of Fisheries Surveillance affiliated to Department of Fisheries
and Surveillance; Directors of Sub-Departments in fields of fisheries and
surveillance affiliated to Departments of Agriculture and Environment have the
power to:
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b) Confiscate
exhibits/instrumentalities;
c) Enforce the remedial
measures specified in Article 4 of this Decree.
4. The Director General
of the Department of Fisheries and Surveillance has the power to:
a) Impose a fine up to
VND 50,000,000 in the field of natural disaster management;
b) Confiscate
exhibits/instrumentalities used for committing administrative violations;
c) Enforce the remedial
measures specified in Article 4 of this Decree.”.
Article
19. Amending and supplementing Article 41 as follows:
“Article 41. Power to
impose penalties of People’s Public Security Forces
1. Soldiers of People’s
Public Security Forces have the power to:
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b) Impose a fine up to
VND 5,000,000 in the field of natural disaster management; VND 25,000,000 in
the field of irrigation; VND 10,000,000 in the field of flood control systems;
c) Confiscate
exhibits/instrumentalities whose value does not exceed VND 10,000,000 in the
field of natural disaster management; VND 50,000,000 in the field of
irrigation; VND 20,000,000 in the field of flood control systems.
2. Heads of Company-level
Mobile Police Units have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 10,000,000 in the field of natural disaster management; VND 50,000,000 in
the field of irrigation; VND 20,000,000 in the field of flood control systems;
c) Confiscate
exhibits/instrumentalities whose value does not exceed VND 20,000,000 in the
field of natural disaster management; VND 100,000,000 in the field of
irrigation; VND 40,000,000 in the field of flood control systems.
d) Enforce the remedial
measures specified in point a clause 1 Article 4 of this Decree.
3. Heads of Police Posts,
Commanders of Mobile Police Battalions, Heads of Squadrons, Station Heads, and
Team Leaders have the power to:
a) Issue warnings;
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c) Suspend licenses for a
fixed period;
d) Confiscate
exhibits/instrumentalities whose value does not exceed VND 30,000,000 in the
field of natural disaster management; VND 150,000,000 in the field of
irrigation; VND 60,000,000 in the field of flood control systems;
dd) Enforce the remedial
measures specified in point a clause 1 Article 4 of this Decree.
4. Chiefs of
Commune-level Police have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 25,000,000 in the field of natural disaster management; VND 125,000,000 in
the field of irrigation; VND 50,000,000 in the field of flood control systems;
c) Suspend licenses for a
fixed period;
d) Confiscate
exhibits/instrumentalities used for committing administrative violations;
dd) Enforce the remedial
measures specified in Article 4 of this Decree.
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a) Issue warnings;
b) Impose a fine up to
VND 40,000,000 in the field of natural disaster management; VND 200,000,000 in
the field of irrigation; VND 80,000,000 in the field of flood control systems;
c) Suspend licenses for a
fixed period;
d) Confiscate exhibits or
instrumentalities used for committing administrative violations;
dd) Enforce the remedial
measures specified in Article 4 of this Decree.
6. Directors of
Provincial Public Security Departments have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 50,000,000 in the field of natural disaster management; VND 250,000,000 in
the field of irrigation; VND 100,000,000 in the field of flood control systems;
c) Suspend licenses for a
fixed period;
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dd) Enforce the remedial
measures specified in Article 4 of this Decree.
7. Directors General of
the Economic Security Department, the Office Chief of the Investigation Police
Authority affiliated to Ministry of Public Security, Director General of the
Police Department for Administrative Management of Social Order, Director
General of the Investigation Police Department for Social Order Crimes,
Director General of the Police Department for Investigation into Corruption,
Economy and Smuggling-related Crimes, Director General of the Traffic Police
Department, Director General of the Fire and Rescue Police Department, Director
General of the Environment Crime Prevention and Fighting Police Department, and
Mobile Police Commander have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 50,000,000 in the field of natural disaster management; VND 250,000,000 in
the field of irrigation; VND 100,000,000 in the field of flood control systems;
c) Suspend licenses for a
fixed period;
d) Confiscate exhibits or
instrumentalities used for committing administrative violations;
dd) Enforce the remedial
measures specified in Article 4 of this Decree.”.
Article
20. Amending and supplementing Article 42 as follows:
“Article 42. Power to
impose penalties of the Border Guard
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a) Issue warnings;
b) Impose a fine up to
VND 2,500,000 in the field of natural disaster management; VND 12,500,000 in
the field of irrigation; VND 5,000,000 in the field of flood control systems;
c) Confiscate
exhibits/instrumentalities whose value does not exceed VND 5,000,000 in the
field of natural disaster management; VND 25,000,000 in the field of
irrigation; VND 10,000,000 in the field of flood control systems.
2. Station Heads or Team
Leaders in charge of the persons specified in clause 1 of this Article have the
power to:
a) Issue warnings;
b) Impose a fine up to
VND 5,000,000 in the field of natural disaster management; VND 25,000,000 in the
field of irrigation; VND 10,000,000 in the field of flood control systems;
c) Confiscate
exhibits/instrumentalities whose value does not exceed VND 10,000,000 in the
field of natural disaster management; VND 50,000,000 in the field of
irrigation; VND 20,000,000 in the field of flood control systems.
d) Enforce the remedial
measures specified in point a clause 1 Article 4 of this Decree.
3. Leaders of Task Force
Teams for Drug and Crime Prevention and Control which are put under the control
of Task Force Commissions for Drug and Crime Prevention and Control have the
power to:
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b) Impose a fine up to
VND 7,500,000 in the field of natural disaster management; VND 37,500,000 in
the field of irrigation; VND 15,000,000 in the field of flood control systems;
c) Confiscate
exhibits/instrumentalities whose value does not exceed VND 15,000,000 in the
field of natural disaster management; VND 75,000,000 in the field of
irrigation; VND 30,000,000 in the field of flood control systems;
d) Enforce the remedial
measures specified in point a clause 1 Article 4 of this Decree.
4. Heads of Border Guard
Posts, Captains of Naval Border Guard Flotillas and Commanding Officers of
Border Guard Commands at port border checkpoints have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 15,000,000 in the field of natural disaster management; VND 75,000,000 in
the field of irrigation; VND 30,000,000 in the field of flood control systems;
c) Confiscate
exhibits/instrumentalities whose value does not exceed VND 30,000,000 in the
field of natural disaster management; VND 150.000.000 in the field of
irrigation; VND 60,000,000 in the field of flood control systems;
d) Enforce the remedial
measures specified in Article 4 of this Decree.
5. Heads of Task Force
Commissions for Drug and Crime Prevention and Control which are put under
control of the Drug and Crime Prevention and Control Department affiliated to
the Border Guard High Command have the power to:
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b) Impose a fine up to
VND 25,000,000 in the field of natural disaster management; VND 125,000,000 in
the field of irrigation; VND 50,000,000 in the field of flood control systems;
c) Suspend licenses for a
fixed period;
d) Confiscate
exhibits/instrumentalities used for committing administrative violations;
dd) Enforce the remedial
measures specified in Article 4 of this Decree.
6. Commanding Officers of
Border Guard Commands; Captains of Naval Border Guard Squadrons; Director
General of the Drug and Crime Prevention and Control Department affiliated to
the Border Guard High Command have the power to:
a) Issue warnings;
b) Impose a fine up to
VND 50,000,000 in the field of natural disaster management; VND 250,000,000 in
the field of irrigation; VND 100,000,000 in the field of flood control systems;
c) Suspend licenses for a
fixed period;
d) Confiscate
exhibits/instrumentalities used for committing administrative violations;
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Article
21. Amending and supplementing Article 43 as follows:
“Article 43 Power to
impose penalties of the Coast Guard
1. Coast Guard Team
Leaders have the power to impose a fine up to VND 5,000,000 in the field of
natural disaster management.
2. Heads of Coast Guard
Units or Coast Guard Stations have the power to impose a fine up to VND
10,000,000 in the field of natural disaster management.
3. Captains of Coast
Guard Platoons have the power to impose a fine up to VND 15,000,000 in the
field of natural disaster management.
4. Captains of Coast Guard
Squadrons; Heads of Reconnaissance Commissions, Heads of Task Force Commissions
for Drug Crime Prevention and Control under the control of Vietnam Coast Guard
have the power to impose a fine up to VND 25,000,000 in the field of natural
disaster management.
5. Regional Coast Guard
Commanders, Director General of the Department of Operations and Legislation
under the control of Vietnam Coast Guard have the power to impose a fine up to
VND 40,000,000 in the field of natural disaster management.
6. Vietnam Coast Guard
Commander has the power to impose a fine up to VND 50,000,000 in the field of
natural disaster management.”.
Article
22. Amending and supplementing Article 44 as follows:
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1. Inspectors of Vietnam
Maritime Inspectorate have the power to impose a fine up to VND 5,000,000 in
the field of natural disaster management.
2. The head of the
inspection team established by Chief Inspector of Vietnam Maritime Inspectorate
has the power to impose a fine up to VND 25,000,000 in the field of natural
disaster management.
3. The Chief Inspector of
Vietnam Maritime Inspectorate has the power to impose a fine up to VND
40,000,000 in the field of natural disaster management.
4. Director General of
Vietnam Maritime and Waterway Administration has the power to impose a fine up
to VND 50,000,000 in the field of natural disaster management.”.
Article
23. Repealing Article 45.
Article
24. Amending and supplementing Article 46 as follows:
“Article 46. Power to
impose penalties of Maritime Administrations, Inland Waterways Administrations
1. Chief Representatives
of Maritime Administrations and Inland Waterways Administrations have the power
to impose a fine up to VND 12,500,000 in the field of natural disaster
management.
2. Directors of Maritime
Administrations and Inland Waterways Administrations have the power to impose a
fine up to VND 25,000,000 in the field of natural disaster management.”.
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“Article 47.
Delegation of power to impose penalties for administrative violations
1. Chairpersons of
People’s Committees at all levels have the power to impose penalties for the
administrative violations specified in Chapters II, III and IV within their
power prescribed in Article 38 of this Decree and within the bounds of their
functions, duties and powers.
2. Heads of agencies
tasked with state management of natural disaster management; irrigation; flood
control systems and other title holders have the power to impose penalties for
all administrative violations specified in Chapters II, III and IV within their
power prescribed in Article 38a of this Decree and within the bounds of their
functions, duties and powers.
3. Persons having the
power to impose penalties of fisheries resources surveillance forces have the
power to impose penalties for the administrative violations specified in clause
2 Article 8, clause 1 Article 9, Article 12, Article 13 and Article 16 within
their power prescribed in Article 40 of this Decree and within the bounds of
their functions, duties and powers within the assigned territorial waters.
4. Persons having the
power to impose penalties of the People’s Public Security Forces have the power
to impose penalties for the administrative violations specified in Article 9,
Article 10, Article 12, Article 13, Article 14, Article 18, Article 20, Article
21, Article 22, Article 24, Article 25, Article 26, Article 27, Article 28,
Article 29, Article 30, Article 31, Article 32, Article 33, Article 34, Article
35 and Article 36 within their power prescribed in Article 41 of this Decree
and within the bounds of their functions, duties and powers in the fields and
localities under their management.
5. Persons having the
power to impose penalties of the Border Guard forces have the power to
penalties for the administrative violations specified in Article 9, Article 10,
Article 12, Article 13, Article 14, Article 18, Article 20, Article 21, Article
22, Article 24, Article 25, Article 26, Article 27, Article 28, Article 29,
Article 30, Article 31, Article 32, Article 33, Article 34, Article 35 and
Article 36 within their power prescribed in Article 42 of this Decree and
within the bounds of their functions, duties and powers in border areas.
6. Persons having the
power to impose penalties of Coast Guard forces have the power to impose
penalties for the administrative violations specified in clause 2 Article 8,
Article 12, Article 13 and Article 16 within their power prescribed in Article
43 of this Decree and within the bounds of their functions, duties and powers
within the assigned territorial waters.
7. Persons having the
power to impose penalties of Vietnam Maritime Inspectorate have the power to
impose penalties for the administrative violations specified in clause 2
Article 8, Article 12, Article 13 and Article 16 within their power prescribed
in Article 44 of this Decree and within the bounds of their functions, duties
and powers.
8. Persons having the
power to impose penalties of maritime administrations and inland waterways
administrations have the power to impose penalties for the administrative
violations specified in clause 2 Article 8, Article 12, Article 13 and Article
16 within their power prescribed in Article 46 of this Decree and within the
bounds of their functions, duties and powers.”.
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“b) If the violation
damages the flood control system requiring an urgent action to ensure safety of
the flood control system. The violator must take the urgent action or reimburse
the costs of taking the urgent action according to the plan approved by the
competent authority. The Department of Agriculture and Environment and
provincial Civil Defense Steering shall approve the aforesaid plan within the
bounds of their functions and duties and scope of management;
c) The Department of
Agriculture and Environment shall expedite, supervise and provide guidance on
the implementation; make a record confirming the completion and send it to the
person issuing the decision to impose penalties for administrative
violations.”.
Article
27. Article 48a is added after Article 48 as follows:
“Article 48a.
Online imposition of penalties for administrative violations
The imposition of
penalties for administrative violations under this Decree by electronic means
shall be carried out in accordance with Articles 28a and 28b of the
Government’s Decree No. 118/2021/ND-CP dated December 23, 2021 on elaboration
of some Articles and measures for the implementation of the Law on Handling of
Administrative Violations amended and supplemented by the Government’s Decree
No. 190/2025/ND-CP dated July 01, 2025.”.
Article
28. Implementation clause
1. This Decree comes into
force from July 10, 2026.
2. The Minister of
Agriculture and Environment shall provide guidelines for, organize and inspect
the implementation of this Decree.
3. Ministers, heads of
ministerial agencies, heads of Governmental agencies, Chairpersons of People’s
Committees of provinces and central-affiliated cities and relevant agencies are
responsible for the implementation of this Decree.
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1. Penalties for
administrative violations in the fields of natural disaster management;
irrigation; flood control systems which occur and end before the effective date
of this Decree but are discovered thereafter or are under consideration for
handling shall be imposed in accordance with the Decree in force at the time
the violation was committed.
2. Penalties for the
administrative violations in the fields of natural disaster management;
irrigation; flood control systems which occur before the effective date of this
Decree but are still ongoing after the effective date of this Decree shall be
imposed in accordance with this Decree.
3. If individuals or
organizations that incur penalties for administrative violations in the fields
of natural disaster management; irrigation; flood control systems still
complain about the decisions on imposition of penalties for administrative
violations issued or completely implemented before this Decree takes effect,
the provisions of law on handling of administrative violations and provisions
of relevant laws in force at the time of issuing such decisions on imposition of
penalties for administrative violations shall apply.
FOR THE GOVERNMENT
PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER
Ho Quoc Dung