|
THE GOVERNMENT
OF VIETNAM
-------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------
|
|
No. 98/2026/ND-CP
|
Hanoi, March 31, 2026
|
DECREE
ADMINISTRATIVE PENALTIES IN SOCIAL
PROTECTION, ASSISTANCE, AND CHILDREN’S AFFAIRS
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on
Administrative Penalties No. 15/2012/QH13 amended by the Law No. 54/2014/QH13,
the Law No. 67/2020/QH14, the Law No. 56/2024/QH15, and the Law No.
88/2025/QH15;
Pursuant to the
Children Law No. 102/2016/QH13 amended by the Law No. 28/2018/QH14, the Law No.
59/2024/QH15, and the Law No. 81/2025/QH15;
Pursuant to the Law on
the Elderly No. 39/2009/QH12 amended by the Law No. 41/2024/QH15;
Pursuant to the Law on
People with Disabilities No. 51/2010/QH12 amended by the Law No. 32/2013/QH13;
Pursuant to the Law on
Prevention and Combat of Human Trafficking No. 53/2024/QH15;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
The Government
promulgates Decree on administrative penalties in social protection,
assistance, and children’s affairs.
Chapter
I
GENERAL
PROVISIONS
Article
1. Scope
1. This Decree prescribes
administrative violations; forms of penalty, severity of penalty, remediation
measures for each administrative violation; subject of penalty; entitlement to
impose penalties, fines for each managerial title, entitlement to file
administrative offence notice; implementation of administrative penalties,
remediation measures in social protection, assistance, and children's affairs.
2. Penalties for
administrative violations in social protection, assistance, and children’s
affair that are not specified under this Decree shall be compliant with
regulations on administrative penalties in relevant fields of governance.
Article
2. Regulated entities
1. Vietnamese
organizations and individuals; foreign organizations and individuals committing
administrative penalties relating to social protection, assistance, or
children’s affairs within territory, territorial waters, contiguous zones,
exclusive economic zones, and continental shelves of the Socialist Republic of
Vietnam; on aircraft with Vietnamese nationality, ships flying Vietnamese flag,
unless otherwise specified by international treaties to which the Socialist
Republic of Vietnam is a signatory, include:
a) Individuals committing
administrative violations;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Competent persons
entitled to file administrative offence notice.
3. Competent persons
entitled to impose administrative penalties.
4. Agencies,
organizations, and individuals related to administrative penalties in
accordance with this Decree.
Article
3. Statute of limitations of administrative penalties
1. Statute of limitations
of administrative penalties in social protection, assistance, and children's
affairs is 1 year.
2. For the purpose of
determining statute of limitations of administrative penalties, identification
of finished or ongoing administrative penalties shall conform to Clause 1
Article 8 of Decree No. 118/2021/ND-CP dated December 23, 2021 of the
Government elaborating the Law on Administrative Penalties amended by Decree
No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.
Article
4. Implementation of administrative penalties
1. Implementation of
decision on administrative penalties in social protection, assistance, and
children’s affairs shall conform to the Law on Administrative Penalties No.
15/2012/QH13 amended by the Law No. 54/2014/QH13, the Law No. 67/2020/QH14, the
Law No. 56/2024/QH15, and the Law No. 88/2025/QH15 (hereinafter referred to as
“the Law on Administrative Penalties”) and guiding documents.
2. Administrative
penalties in social protection, assistance, and children’s affairs on
electronic environment shall conform to Chapter IIIa of Decree No.
118/2021/ND-CP amended by Decree No. 68/2025/ND-CP and Decree No.
190/2025/ND-CP.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article
5. Forms of penalties, remediation measures; implementation of administrative
penalties and remediation measures
1. Forms of primary
penalties:
a) Warning;
b) Monetary fine.
2. Additional penalties:
a) Confiscation of
exhibits of administrative penalties;
b) Temporary suspension of
all or part of business operation related to the violations for 1 to 3 months;
c) Temporary suspension of
operation for 3 to 6 months.
3. Remediation measures:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Mandated suspension of
care, custody;
c) Mandated removal or
deletion of information, images, dossiers involving victims of human
trafficking or persons in human trafficking victim identification process;
d) Mandated apology if
requested;
dd) Mandated refund of
unlawful monetary gain;
e) Mandated payment of
medical examination and treatment costs;
g) Mandated repair,
addition, and assurance of amenities and human resources as per the law;
h) Mandated policy payment
as per the law;
i) Mandated return of
money or aid that are results of violations;
k) Mandated surrender of
confirmation of disabilities;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
m) Mandated determination,
re-determination of degree of disability;
n) Mandated reimbursement
of expenditure on books, notebooks, and learning materials for children;
o) Mandated addition of
education and training programs, course books, teaching staff appropriate to
vocational education and training provided for people with disabilities;
p) Mandated issuance of
degree and certificate;
q) Mandated recovery and
disposal of products, printed matters, toys, printed newspapers, and
publications;
r) Mandated removal of
articles on online newspapers, electronic magazines, talking newspaper, image
newspaper, and electronic publication;
s) Mandated termination of
adoptive care or change into appropriate forms of adoptive care;
t) Mandated relocation of
service facilities, manufacturing facilities, storage facilities of toxic goods
or with direct risk of fire or child protective service providers, education
establishments, medical facilities, cultural facilities, children recreational
facilities;
u) Mandated dismantlement
of structures, equipment;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
x) Mandated removal of
information and services that are harmful to children; services and
applications that fabricate or infringe lawful rights and benefits of children
on the internet;
y) Mandated removal,
deletion of information relating to private lives or secrets of children.
4. Implementation of
penalties and remediation measures under this Decree shall conform to Section
2, Section 3 Chapter III of the Law on Administrative Penalties, Articles 17a,
18, 19, 20, 21, 22, 23, and 41 of Decree No. 118/2021/ND-CP amended by Decree
No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.
Article
6. Fines and entitlement to impose fines
1. Maximum fines for
violations in social protection, assistance, and children’s affairs shall be
VND 50.000.000 for individuals and VND 100.000.000 for organizations.
2. Fines under Chapter II
hereof are fines imposed on administrative penalties committed by individuals,
except for those under Articles 10, 11, 14, 15, 16, 34, Clause 1 and Clause 2
Article 35, and Clause 2 Article 37 hereof. Fines imposed on an organization
shall be double that on an individual for the same administrative violation.
3. Entitlement to impose
administrative penalties of a managerial title under Articles 39, 40, 41, 42,
43, 44, and 45 hereof applies to an administrative violation committed by an
individual. In case of fines, fines imposed on an organization shall be double
that in an individual for the same violation.
Chapter
II
VIOLATIONS,
PENALTIES, FINES, REMEDIATION MEASURES OF ADMINISTRATIVE VIOLATIONS
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article
7. Violation of regulations pertaining to declaration for claim of social
support policies, social support pensions, support for human trafficking
victims
1. A fine from VND 500.000
to VND 1.000.000 shall be imposed to individuals who rely on fraud or
impersonation to receive emergency social support but are not liable to
criminal prosecutions.
2. A fine from VND
1.000.000 to VND 3.000.000 shall be imposed on individuals who rely on fraud,
impersonation as human trafficking victims to benefit from: formal education
support policies, vocational education and training support policies, or
initial allowance but are not liable to criminal prosecutions.
3. A fine from VND
3.000.000 to VND 5.000.000 shall be imposed on:
a) Individuals who falsely
declare to receive monthly social allowances but are not liable to criminal
prosecutions;
b) Individuals who falsely
declare to receive monthly social pensions but are not liable to criminal
prosecutions;
c) Individuals who falsely
declare to receive monthly adoptive care support but are not liable to criminal
prosecution;
d) Individuals who falsely
declare to be admitted to social support facilities, child protective service
providers, elderly care facilities, care facilities for people with
disabilities, victim support facilities.
4. Remediation measures:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Mandated suspension
from receiving care at social support facilities, child protective service
providers, elderly care facilities, care facilities for people with
disabilities, victim support facilities for violations under Point d Clause 3
of this Article.
Article
8. Violation of regulations pertaining to support for human trafficking
victims, persons in human trafficking victim identification process
1. A fine from VND
3.000.000 to VND 5.000.000 shall be imposed on:
a) Individuals who
obstruct the reception of human trafficking victims, persons in human
trafficking victim identification process;
b) Individuals who
obstruct support provided for human trafficking victims, persons in human
trafficking victim identification process;
c) Individuals who insult,
discriminate human trafficking victims, persons in human trafficking victim
identification process.
2. A fine from VND
5.000.000 to VND 10.000.000 shall be imposed on individuals who threaten human
trafficking victims, persons in human trafficking victim identification
process, their relatives, witnesses, individuals reporting crime, denouncing,
declaring, or preventing violations under Article 3 of the Law on Prevention
and Combat of Human Trafficking but are not liable to criminal prosecutions.
3. A fine from VND
20.000.000 to VND 30.000.000 shall be imposed on individuals who disclose
information pertaining to age, name, phone number, social media, address,
residence, hometown, trafficking method, health, images, dossiers of human
trafficking victims, persons in human trafficking victim identification process
without their permission but are not liable to criminal prosecution unless such
disclosure is necessary to protect their lives or health or specified by
regulations of the law
4. Remediation measures:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Mandated apologies
towards human trafficking victims, persons in human trafficking victim
identification process, their relatives, witnesses, individuals reporting
crime, denouncing, declaring, or preventing violations if requested for
violations under Clause 1, Clause 2, and Clause 3 of this Article.
Article
9. Violation of regulations pertaining to care responsibility of caregiver of
social protection beneficiaries, the elderly, people with disabilities, and
children in community
1. A fine from VND
10.000.000 to VND 20.000.000 shall be imposed on caregivers who commit the
following violations involving care recipients in community but are not liable
to criminal prosecution.
a) Preventing care recipients
from eating, drinking; limiting or preventing personal hygiene;
b) Forcing care recipients
to live in toxic, hazardous environment;
c) Insulting, abusing,
torturing, discriminating social protection beneficiaries, the elderly, people
with disabilities, and children.
2. A fine from VND
20.000.000 to VND 30.000.000 shall be imposed on caregivers who commit the
following violations but are not liable to criminal prosecution:
a) Exploiting care
adoption for personal gain;
b) Forcing care recipients
to engage in arduous, toxic, hazardous work.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Inciting, persuading
care recipients to commit violations of the law;
b) Forcing care recipients
to commit violations of the law.
4. Remediation measures:
a) Mandated return of
unlawful gains generated by violations under Clause 2 and Clause 3 of this
Article;
b) Mandated payment of
medical examination and treatment costs for individuals whose health is
affected as a result of violations under Clause 1, Point b Clause 2, and Clause
3 of this Article.
Article
10. Violations pertaining to operation of social support facilities, elderly
care facilities, care facilities for people with disabilities, victim support
facilities, child protective service providers (hereinafter referred to as
“facilities”)
1. A fine from VND
1.000.000 to VND 2.000.00 shall be imposed on facilities that fail to store
adequate dossiers of care recipients as per the law.
2. A fine from VND
2.000.000 to VND 5.000.000 shall be imposed on facilities that:
a) Fail to file periodic
reports on operation of the facilities as per the law;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. A fine from VND
5.000.000 to VND 10.000.000 shall be imposed on facilities that:
a) Use facility
expenditure or amenities for the wrong purposes;
b) Charge service fees in
a manner that contradicts regulations of the law;
c) Fail to meet either
environment, medical, amenity, or human resource conditions;
d) Fail to comply with
service provision procedures promulgated by competent regulatory authorities.
4. Remediation measures:
a) Mandated return of
revenues generated by violations under Point a Clause 3 of this Article;
b) Mandated refund of
unlawful charges to original payers for violations under Point b Clause 3 of
this Article;
c) Mandated repair,
addition, assurance of amenities and human resources for violations under Point
c Clause 3 of this Article.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. A fine from VND
3.000.000 to VND 5.000.000 shall be imposed on:
a) Service providers that fail
to adequately pay monthly social allowances, monthly care funding, monthly
pension allowances, funeral funding (hereinafter referred to as “policy
payments”) to eligible entities but are not liable to criminal prosecution;
b) Service providers that
fail to make policy payment for eligible entities in a timely manner but are
not liable to criminal prosecution.
2. A fine from VND
5.000.000 to VND 10.000.000 shall be imposed on:
a) Service providers that
fail to make policy payments but are not liable to criminal prosecution;
b) Service providers that
fail to make policy payments to adequate entities but are not liable to
criminal prosecution;
3. Remediation measures:
Mandated policy payment as
per the law to eligible entities for violations under Clause 1 and Clause 2 of
this Article.
Article
12. Violation of regulations pertaining to management of material, monetary aid
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Individuals whose
actions lead to damage or loss of material, monetary aid except due to natural
disasters or fire;
b) Individuals who use,
distribute material, monetary aid for the wrong purposes or to wrong entities;
c) Individuals who swap
material aid.
2. Remediation measures:
a) Mandated refund of
monetary aid or compensation for material aid that is lost or damaged as a
result of violation under Point a Clause 1 of this Article;
b) Mandated return of
revenues generated by violations under Point b and Point c Clause 1 of this
Article;
c) Mandated payment of
medical examination and treatment costs for users of material aid suffering
from health afflictions as a results of Point a and Point c Clause 1 of this
Article.
Article
13. Violations of regulations pertaining to prohibited acts regarding people
with disabilities
1. A fine from VND
3.000.000 to VND 5.000.000 shall be imposed on:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Individuals who
obstruct the lawful right to get married and raise children of people with
disabilities;
c) Individuals who prevent
people with disabilities from living independently, integrating with the
community;
d) Individuals who prevent
people with disabilities from participating in social activities on equal
ground;
dd) Individuals who
prevent people with disabilities from exercising the right to access
information technology.
2. A fine from VND
5.000.000 to VND 10.000.000 shall be imposed on individuals who fail to
exercise responsibility to care for people with disabilities as per the law.
3. A fine from VND
10.000.000 to VND 20.000.000 shall be imposed on individuals who exploit
images, personal information, conditions of people with disabilities,
organizations of people with disabilities, organizations for people with
disabilities for personal gain or violation of the law but are not liable to
criminal prosecution.
4. A fine from VND
30.000.000 to VND 40.000.000 shall be imposed on individuals who incite,
persuade, or force people with disabilities to commit violations of the law but
are not liable to criminal prosecution.
5. Remediation measures:
a) Mandated return of
revenues generated by violations under Clause 3 of this Article;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Mandated fulfillment of
responsibility to care for people with disabilities as per the law.
Article
14. Violation of regulations pertaining to responsibility to provide healthcare
for people with disabilities of medical examination and treatment
establishments
1. A fine from VND
1.000.000 to VND 3.000.000 shall be imposed on establishments that fail to give
advice pertaining to prevention and early detection of disabilities.
2. A fine from VND
3.000.000 to VND 5.000.000 shall be imposed on establishments that fail to
perform screening for birth defects in order to take appropriate treatment,
orthopaedic, recovery measures.
3. A fine from VND
10.000.000 to VND 15.000.000 shall be imposed on establishments that fail to
renovate, upgrade medical examination and treatment amenities to ensure
accessibility for people with disabilities during renovation and improvement of
medical examination and treatment establishments.
Article
15. Violation of regulations pertaining to responsibility to educate people
with disabilities of education establishments
1. A fine from VND
5.000.000 to VND 10.000.000 shall be imposed on:
a) Establishments that
fail to satisfy teaching and learning conditions applicable to people with
disabilities as per the law;
b) Establishments that
fail to provide learning supplies specifically for people with disabilities as
per the law;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d) Establishment that
reject enrolment of people with disabilities at an older age as per the law;
dd) Establishments that impose
enrolment requirements that limit people with disabilities except specific
cases as per the law;
e) Establishments that do
not prioritize enrolment of people with disabilities as per the law;
g) Establishments that
obstruct the right to learn of people with disabilities.
2. A fine ranging from
10.000.000 VND to 15.000.000 VND shall be imposed on:
a) Establishments that
fail to reduce or exempt tuition, training costs, and other contributions
according to education laws;
b) Establishments that
fail to renovate, improve teaching and learning amenities or ensure
accessibility for people with disabilities during renovation and repair of
education establishments.
Article
16. Violation of regulations pertaining to vocational education and training of
vocational education and training facilities regarding people with disabilities
1. A fine from VND
3.000.000 to VND 5.000.000 shall be imposed on facilities that fail to provide
occupational counseling for people with disabilities as per the law.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Facilities that fail to
maintain vocational education and training conditions as per the law for people
with disabilities after providing education and training for at least 6 months;
b) Facilities that fail to
satisfy education and training program or course book or teaching staff
requirements in respect of vocational education and training provided for
people with disabilities;
c) Facilities that fail to
satisfy education and training format, schedule that are appropriate to
vocational education and training provided for people with disabilities;
d) Facilities that fail to
issue certificate, degree to qualified people with disabilities as per the law.
3. Remediation measures:
a) Mandated addition of
programs, course books, teaching staff appropriate to vocational education and
training for people with disability for violations under Point b Clause 2 of
this Article;
b) Mandated issuance of
certificate and degree for violations under Point d Clause 2 of this Article.
Article
17. Violation of regulations pertaining to traffic accessibility for people
with disabilities and the elderly
A fine from VND 1.000.000
to VND 3.000.000 shall be imposed on:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Responsible individuals
who refuse to assist or arrange convenient seats for people with disabilities
and the elderly.
3. Individuals who refuse
transportation of people with disabilities or transportation of appropriate
equipment and aid of people with disabilities on public transport.
Article
18. Violation of regulations pertaining to information and communication for
people with disabilities
1. A fine from VND
5.000.000 to VND 10.000.000 shall be imposed on enterprises manufacturing and
distributing information, communication products and services, including
hardware, software, and digital information that violate any of the regulation
on mandatory application of standards and technology assisting people with
disabilities in accessing, using information, communication products and
services.
2. A fine from VND
10.000.000 to VND 20.000.000 shall be imposed on individuals that fail to
adhere to regulations on entities eligible for policies on concessional loan
and other support in research, manufacturing, production, service provision,
and aid for people with disabilities to access information technology and
communication.
3. Remediation measures:
Mandated return of
revenues generated by violations under Clause 2 of this Article;
Article
19. Violation of determination of degree of disability
1. A fine from VND
3.000.000 to VND 5.000.000 shall be imposed on:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Individuals who fail to
adequately exercise methods for determining, re-determining degree of
disability.
2. A fine from VND
5.000.000 to VND 10.000.000 shall be imposed on:
a) Individuals who take
advantage of disability degree determination process for personal gain but are
not liable to criminal prosecution;
b) Individuals who refuse
to determine or re-determine degree of disabilities or issue or re-issue
confirmation of disabilities;
c) Individuals who commit
fraud in determination, re-determination of degree of disability or issuance,
re-issuance of confirmation of disabilities.
3. Remediation measures:
a) Mandated fulfillment of
adequate council responsibility for violations under Point a Clause 1 of this
Article;
b) Mandated implementation
of methods for determining, re-determining degree of disability for violations
under Point b Clause 1 of this Article;
c) Mandated return of
unlawful revenues generated by violations under Point a and Point c Clause 2 of
this Article;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
dd) Mandated surrender of
confirmation of disabilities for violations under Point c Clause 2 of this
Article.
Article
20. Violation of regulations pertaining to rights and obligations towards the
elderly
1. A fine from VND
3.000.000 to VND 5.000.000 shall be imposed on:
a) Individuals who prevent
the elderly from living with children or grandchildren or living separately;
b) Individuals who prevent
the elderly from exercising the right to own property, participate in cultural
activities, education activities, sports, recreation, tourism, rest and other
legitimate rights;
c) Individuals who do not
exempt contributions in social activities for the elderly;
d) Individuals who do not
prioritize the elderly in distribution of material, monetary aid, healthcare,
and accommodation support during initial remediation operations in case of
natural disasters or other force majeure;
dd) Individuals who fail
to transfer Government support to the elderly as per the law.
2. A fine from VND
10.000.000 to VND 20.000.00 shall be imposed on individuals who prevent the
elderly from eating, drinking, or practicing personal hygiene; force the
elderly to live in toxic, hazardous environment; or otherwise mistreat the
elderly but are not liable to criminal prosecution.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Mandated apologies if
requested for violations under Clause 2 of this Article;
b) Mandated refund of
unlawful charges to the elderly for violations under Point c Clause 1 of this
Article;
c) Mandated policy payment
as per the law for violations under Point dd Clause 1 of this Article;
d) Mandated payment of all
medical examination and treatment costs for the elderly whose health is
affected by violations under Clause 2 of this Article.
Article
21. Violation of regulations pertaining to obligation to care for the elderly
1. A fine from VND
5.000.000 to VND 10.000.000 shall be imposed on:
a) Individuals who fail to
exercise obligation to care for the elderly as per the law;
b) Individuals who fail to
adequately comply with signed service contracts to care for the elderly as per
the law;
c) Individuals who take
advantage of elderly care for personal gain but are not liable to criminal
prosecution.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Mandated return of
revenues generated by violations under Point c Clause 1 of this Article.
Section
2. VIOLATIONS, FORMS OF PENALTY, FINES, AND REMEDIATION MEASURES FOR
ADMINISTRATIVE PENALTIES IN CHILDREN’S AFFAIRS
Article
22. Violation of regulations pertaining to child care
1. A fine from VND
10.000.000 to VND 15.000.000 shall be imposed on:
a) Parents or caregivers
who fail to exercise their obligation and responsibility in caring for children
unless temporary separation is imposed or children are put into adoptive care
as per the law;
b) Parents or caregivers
who fail to care for children, fail to exercise their obligation and
responsibility in childcare or abandon children to live on their own, terminate
emotional and physical affection with children or forcing children to live away
from family unless temporary separation is imposed or children are put into adoptive
care as per the law.
2. A fine from VND
20.000.000 to VND 25.000.000 shall be imposed on parents and caregivers who
intentionally abandon children but are not liable to criminal prosecution.
Article
23. Violation of regulations pertaining to child violence
1. A fine from VND
10.000.000 to VND 20.000.000 shall be imposed on individuals who commit the
following violations but are not liable to criminal prosecution:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Forcing children to
live in hazardous, toxic environment or otherwise mistreating children;
c) Causing damage to
children’s psychology, dignity, honor, insulting, scolding, threatening,
isolating, or otherwise affecting children’s growth;
d) Isolating or using
other punitive methods to cause physical, psychological damage;
dd) Frequently scaring
children via the use of images, sound, animals, items.
2. Remediation measures:
a) Mandated payment of
medical examination and treatment costs for children for violations under
Clause 1 of this Article which cause physical injuries or health problems for
children where offenders are not liable to criminal prosecution;
b) Mandated disposal of
items harmful to children’s health for violations under Point dd Clause 1 of
this Article.
Article
24. Violation of regulations pertaining to child exploit, child abuse
1. A fine from VND
20.000.000 to VND 30.000.000 shall be imposed on individuals who force children
to do housework that is excessive, time-consuming, affecting their study,
recreation process, or growth.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Organizing, forcing
children to beg on the street;
b) Leasing, lending
children or using children to beg on the street;
c) Coordinating, inciting,
convincing, persuading, exploiting, forcing to act as middleman in child abuse
transactions;
d) Coordinating, inciting,
convincing, persuading, exploiting, forcing children into labor in a manner
that contradicts regulations of the law.
3. A fine from VND
40.000.000 to VND 50.000.000 shall be imposed on individuals who exploit
personal images or information of children to create contents that affect
physical and psychological growth of children or for personal gain but are not
liable to criminal prosecution.
4. Remediation measures:
a) Mandated return of
unlawful gains generated by violations under Clause 2 and Clause 3 of this
Article;
b) Mandated payment of
medical examination and treatment costs for children if violations under Clause
1, Clause 2, Clause 3 of this Article cause physical injuries or health
problems to children but are not liable to criminal prosecution.
Article
25. Violation of regulations pertaining to employing, inciting, persuading,
convincing, exploiting, forcing children to violate the law, violate other
people’s dignity or honor
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Utilizing children to
violate the law, or violate other people's dignity and honor;
b) Convincing children to
violate the law or violate other people’s dignity and honor;
c) Inciting children to
violate the law or violate other people’s dignity and honor;
d) Exploiting children for
violation of the law, violation of other people’s dignity and honor;
dd) Forcing children to
violate the law or violate other people dignity and honor.
2. Remediation measures:
Mandated payment of
medical examination and treatment costs for children for violations under
Clause 1 of this Article which cause physical injuries or health problems for
children where offenders are not liable to criminal prosecution.
Article
26. Violation of regulations on right to receive healthcare of children
1. A fine from VND
1.000.000 to VND 3.000.000 shall be imposed on:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Individuals that fail
to adequately fulfill responsibility to provide initial, preventive healthcare,
counseling and support for children regarding reproductive health and sexual health.
2. A fine from VND
3.000.000 to VND 5.000.000 shall be imposed on:
a) Individuals who refuse
to provide or prevent women from accessing medical services in order to receive
advice pertaining to screening and prevention of birth defects;
b) Individuals who fail to
comply with decisions, solutions, regulations of competent agencies and persons
in order to protect lives and health of children;
c) Individuals who adopt
harmful customs or traditions that affect children’s health;
d) Individuals who do not
prioritize children in medical examination and treatment.
Article
27. Violation of regulations pertaining to right to receive education
1. A fine from VND 500.000
to VND 1.000.000 shall be imposed on:
a) Individuals who destroy
books, notebooks, learning supplies of children;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) Individuals who do not
guarantee time and conditions for learning of children.
2. A fine from VND 1.000.000
to VND 2.000.000 shall be imposed on individuals who obstructing children’s
learning process.
3. A fine from VND
3.000.000 to VND 5.000.000 shall be imposed on individuals who convince,
persuade, force children to drop out.
4. Remediation measures:
Mandated refund of
payments for books, course books, learning supplies of children for violations
under Point a Clause 1 of this Article.
Article
28. Violation of regulations pertaining to children’s right to access
information and participate in social activities; right to express ideas; right
to preserve and exercise traditions; right to play and relax or discrimination
against children
1. A fine from VND 500.000
to VND 1.000.000 shall be imposed on:
a) Individuals who prevent
children from participating in social activities appropriate to their age,
growth, needs, capacity unless such action serves children's best benefits;
b) Individuals who prevent
children from expressing their ideas, desires or participating in children
matters;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d)Individuals who prevent
children from exercising their right to play, relax, participate in cultural,
artistic, sports, tourism activities as per the law.
2. A fine from VND
1.000.000 to VND 3.000.000 shall be imposed on:
a) Individuals who force
or condemn children when they express their ideas, desires or participate in
children matters;
b) Individuals who do not
respect, listen, consider, respond to, or provide explanation for ideas,
desires of children;
c) Individuals who do not
receive, resolve, respond to ideas, recommendations, desires of children, or
arrange representation of children's voice as per the law;
d) Individuals who fail to
accurately declare information pertaining to learning and training plans, diet
regimes, and donations as per the law.
3. A fine from VND
3.000.000 to VND 5.000.000 shall be imposed on individuals who discriminate
against children due to personal characteristic, family situations, gender,
ethnicity, nationality, religion of children.
4. Remediation measures:
a) Mandated apologies if
requested for violations under Clause 3 of this Article;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article
29. Violation of regulations pertaining to assistance and intervention provided
for children in special situation, violated children, or children prone to
abuse, violence, or at risk of being violated
1. A fine from VND
5.000.000 to VND 10.000.000 shall be imposed on individuals who commit the
following violations but are not liable to criminal prosecution:
a) Failing to notify,
provide, or concealing information pertaining to children at risk of being
abused, assaulted, or violated from competent agencies, competent persons;
b) Obscuring information
on children at risk of being abused, assaulted, or violated from competent
agencies, competent persons.
2. A fine from VND
10.000.000 to VND 15.000.000 shall be imposed on:
a) Individuals who fail to
provide or conceal information on violated children from competent agencies,
competent persons but are not liable to criminal prosecution;
b) Individuals who fail to
notify designated areas about child violation;
c) Individuals who prevent
information on children being violated from reaching competent agencies,
competent persons;
d) Individuals who do not
provide information or cooperate in verifying violation, loss of safety,
possibility of injury of children at request of competent agencies, competent
persons;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. A fine from VND
20.000.000 to VND 30.000.000 shall be imposed on:
a) Individuals who fail to
adequately, promptly provide support and intervention for children subject to
violation or abuse, exploitation, abandonment, or special situations;
b) Individuals to refuse
to provide assistance, intervention, or alternative care for children being
violated or at risk of violence, abuse, abandonment, and children in special
situations.
Article
30. Violation of regulations pertaining to selling to children or letting
children use addictive substances, other stimulants, unsafe or harmful food for
children; regulations pertaining to provision of products and services safe,
friendly for children but not liable to criminal prosecution
1. A fine from VND
30.000.000 to VND 40.000.000 shall be imposed on:
a) Individuals who provide
products and services that are not safe or harmful to children;
b) Individuals who sell
addictive substances, other stimulants, or food that is not safe or harmful to
children;
c) Individuals who allow
children to use addictive substances, other stimulants, or food that are not
safe or harmful for children.
2. Additional penalties:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Temporary partial or
total suspension of business operation related to the violation for 1 to 3 months
for violations under Point b Clause 1 of this Article.
3. Remediation measures:
a) Mandated destruction of
goods and items for violations under Clause 1 of this Article;
b) Mandated payment of
medical examination and treatment costs for children for violations under
Clause 1 of this Article which cause physical injuries or health problems for
children where offenders are not liable to criminal prosecution.
c) Mandated payment of
amounts equal to value of exhibit of administrative violations that have been
unlawfully consumed, dispersed, or disposed for violations under Clause 1 of
this Article.
Article
31. Violation of regulations pertaining to provision of cultural, information,
communication products and services that affect health growth of children
1. A fine from VND
5.000.000 to VND 10.000.000 shall be imposed on:
a) Individuals who provide
internet services and other services of which contents affect healthy growth of
children;
b) Individuals who fail to
specify that publication, printed matters, toys are not for children if such
items contain contents that are inappropriate for children; fail to issue
warning about contents inappropriate for children in digital contents on the
internet;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d) Individuals who fail to
fulfill requirements pertaining to disclosure on publications intended for
children.
2. A fine shall be imposed
on individuals who produce, publish, duplicate, regulate, operate, distribute,
own, transport, store, trade publications, toys, games, digital contents on the
internet and other products intended for children of which contents affect
healthy growth of children as follows:
a) From VND 3.000.000 to
VND 5.000.000 where violations involve from 1 product to less than 10 products;
b) From VND 5.000.000 to
VND 10.000.000 where violations involve from 10 products to less than 50
products;
c) From VND 10.000.000 to
VND 15.000.000 where violations involve from 50 products to less than 100
products;
d) From VND 15.000.000 to
VND 20.000.000 where violations involve from 100 products to less than 200
products;
dd) From VND 20.000.000 to
VND 30.000.000 where violations involve from 200 products to less than 500
products;
e) From VND 30.000.000 to
VND 40.000.000 where violations involve from 500 products to less than 1.000
products;
g) From VND 40.000.000 to
VND 50.000.000 where violations involve 1.000 products or more.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
4. Additional penalties:
Confiscation of exhibition
of administrative violations for violations under Point b, Point d Clause 1,
Clause 2, and Clause 3 of this Article.
5. Remediation measures:
a) Mandated removal of
articles on online newspapers, online magazines, speaking newspaper, image
newspaper, electronic publications for violations under Point b and Point d
Clause 1 and Clause 3 of this Article;
b) Mandated revocation and
disposal of products, printed matters, toys, printed newspaper, and
publications for violations under Point b Clause 1 and Clause 2 of this
Article;
c) Mandated apologies if
requested for violations under Clause 2 of this Article;
d) Mandated payment of
amounts equal to value of exhibit of administrative violations that have been
unlawfully consumed, dispersed, disposed for violations under Point b and Point
d Clause 1, Clause 2, and Clause 3 of this Article.
Article
32. Violation of regulations pertaining to disclosure of information pertaining
to private lives and secrets of children
1. A fine from VND
20.000.000 to VND 30.000.000 shall be imposed on individuals who disclose any
of the following information without permission of parents or caregivers of
children and children at 7 years of age or older: name, age; identifying
characteristics; health conditions and private life in medical records;
personal images; information pertaining to family members, caregivers; private
belongings; phone number; personal mailing address; address and information of
residence and hometown; address, information, results of academic progress and
peer relationships; information on services provided for children.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Mandated apologies if
requested for violations under Clause 1 of this Article;
b) Mandated removal or
deletion of information pertaining to private lives and secrets of children for
violations under Clause 1 of this Article.
Article
33. Violation of regulations pertaining to exploitation of adoptive care of
children to violate children; exploitation of Government regulations, policies,
and support, assistance of organizations, and individuals provided for children
for personal gains
1. A fine from VND
10.000.000 to VND 15.000.000 shall be imposed on individuals who commit the
following violations but are not liable to criminal prosecution:
a) Exploiting adoptive
care of children to conducts actions that cause mental, physical health,
psychology, emotion, dignity, honor of children in form of violence, abuse,
abandonment, negligence and other damage;
b) Exploiting Government
regulations and policies and assistance, support of organizations and
individuals for children for personal gain.
2. Remediation measures:
a) Mandated payment of
medical examination and treatment costs for children for violations under Point
a Clause 1 of this Article which cause physical injuries or health problems for
children where offenders are not liable to criminal prosecution;
b) Mandated return of
unlawful revenues generated by violations under Point b Clause 1 of this
Article;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article
34. Violation of regulations pertaining to placement of service establishments,
manufacturing facilities, storage facilities of toxic, hazardous goods or with
combustion risks in proximity to child protective service facilities,
education, medical, cultural facilities, recreational areas of children or vice
versa
1. A fine from VND
20.000.000 to VND 30.000.000 shall be imposed on:
a) Organizations that
build structures, install equipment of service establishments, manufacturing
facilities, storage facilities of toxic, hazardous goods or with combustion
risks in proximity to child protective service facilities, education, medical,
cultural facilities, recreational areas of children;
b) Organizations that
build structures, install equipment of child protective service facilities,
education, medical, cultural facilities, recreational areas of children in
proximity to service establishments, manufacturing facilities, storage
facilities of toxic, hazardous goods or with combustion risks.
2. A fine from VND
30.000.000 to VND 50.000.000 shall be imposed on:
a) Organizations that
build service establishments, manufacturing facilities, storage facilities of
toxic, hazardous goods or with combustion risks in proximity to child
protective service facilities, education, medical, cultural facilities, recreational
areas of children;
b) Organizations that
build child protective service facilities, education, medical, cultural
facilities, recreational areas of children in proximity to service
establishments, manufacturing facilities, storage facilities of toxic,
hazardous goods or with combustion risks.
3. Additional penalties:
Temporary suspension of
operation for 3 months to 6 months for any of the violation under Clause 1 and
Clause 2 of this Article.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Mandated dismantlement of
structures and equipment for violations under Clause 1 of this Article;
b) Mandated relocation of
service establishments, manufacturing facilities, storage facilities of toxic,
hazardous goods or with combustion risks or child protective service facilities,
education, medical, cultural facilities, recreational areas of children due to
failure to comply with separation distance under Clause 2 of this Article.
Article
35. Violation of regulations pertaining to child protective service facilities,
management and use of infrastructures intended for children
1. A fine from VND
5.000.000 to VND 10.000.000 shall be imposed on child protective service
facilities that operate beyond the registered scope of operation.
2. A fine from VND
10.000.000 to VND 20.000.000 shall be imposed on child protective service
facilities that enter into operation before obtaining registration for
operation.
3. A fine from VND
20.000.000 to VND 30.000.000 shall be imposed on:
a) Organizations that
encroach upon infrastructures for learning, recreation, or child protective
services;
b) Organizations that use
infrastructures for learning, recreation, or child protective services for
unlawful purposes or in an unlawful manner.
4. Remediation measures:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) Mandated restoration to
original conditions for violations under Point b Clause 3 of this Article.
Article
36. Violation of regulations pertaining to safety risks leading to accidents,
injuries of children
1. A fine from VND
20.000.000 to VND 30.000.000 shall be imposed on:
a) Individuals that fail
to report, warn about dangerous, toxic, combustible areas, areas prone to
electric shock, falling, and other hazards that cause accidents, injuries for
children but are not liable to criminal prosecution;
b) Individuals that fail
to adequately, promptly adopt safety measures in production, business,
operation of transport vehicles in a manner that leads to accidents, injuries to
children but are not liable to criminal prosecution.
2. Remediation measures:
a) Mandated timely
adoption of safety measures for violations under Clause 1 of this Article;
b) Mandated payment of
medical examination and treatment costs for children for violations under
Clause 1 of this Article which cause physical injuries or health problems for
children where offenders are not liable to criminal prosecution.
Article
37. Violation of responsibilities to protect children on the internet
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) Providing, sharing
information or services that are harmful to children, information, services
that are fabricated, toxic, pornographic, violent, advocating suicide,
distorting, threatening, violating dignity or honor, violating lawful rights
and benefits of children but not liable to criminal prosecution;
b) Failing to warn or
remove information or services that are harmful to children, information,
services that are fabricated, toxic, pornographic, violent, advocating suicide,
distorting, threatening, violating dignity or honor, violating lawful rights
and benefits of children but not liable to criminal prosecution;
c) Failing to adopt
measures or instruments to maintain safety of information pertaining to private
lives of children; failing to send warning when children provide or change
information on their private lives;
d) Failing to comply with
request to delete, remove information on private lives of children of parents,
caregivers, guardians or competent agencies, organizations, and individuals in
child protective services;
dd) Failing to receive
information or assess classification of level of safety for children submitted
by other agencies, organizations, individuals, and children;
e) Failing to publicize
list of information networks, services, online products categorized by level of
safety for children;
g) Failing to detect and
remove images, documents, information that is in appropriate for children or
affecting healthy growth of children;
h) Failing to provide
instructions to use information technology services and equipment to protect
children;
i) Failing to protect
individuals accessing information, using services who are children.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. Remediation measures:
a) Mandated return of
unlawful gains generated by violations under Clause 1 and Clause 2 of this
Article;
b) Mandated payment of
medical examination and treatment costs for children for violations under
Clause 2 of this Article which case physical injuries or health problems for
children where offenders are not liable to criminal prosecution.
c) Mandated removal of information,
services harmful to children; removal of services, applications that are
fabricated, distorting, violating lawful rights and benefits of children on the
internet (including removal of data, application on server or application
store; termination of domain name or other technical solutions to prevent user
access) for violations under Point a Clause 1 of this Article;
d) Mandated deletion or
removal of information on private lives of children for violations under Point
d Clause 1 of this Article.
Chapter
III
ENTITLEMENT
TO FILE NOTICE OF ADMINISTRATIVE OFFENCE AND ADMINISTRATIVE PENALTIES
Article
38. Determination of entitlement to impose penalties
1. Chairpersons of
People’s Committees of all levels have the power to impose administrative penalties
and adopt remediation measures for administrative violations under Chapter II
hereof in accordance with entitlement under Article 39 hereof and within their
functions, tasks, and powers.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. Chief of inspectorate
established by the Minister of Health shall be entitled to impose
administrative penalties and other remediation measures for administrative
violations under Chapter II hereof in accordance with Clause 5 Article 40
hereof and within assigned functions, tasks, and powers.
4. Director of Department
of Medical Service Administration, Director of Vietnam Population Authority,
Director of Administration of Disease Prevention, Director of Agency of Food
Safety, Directors of Sub-departments of Health, Directors of Sub-departments in
population, children, Directors of Sub-departments of food safety, Directors of
Sub-departments of food safety and hygiene affiliated to Departments of Health
shall be entitled to impose administrative penalties and adopt remediation
measures for administrative violations under Chapter II hereof according to
Clause 1, Clause 2, and Clause 3 Article 40 hereof and within assigned
functions, tasks, and powers.
5. Chief of inspectorate
established by the Minister of Education and Training, Director of Vocational
Education and Training Department and Continuing Education Department,
Directors of Departments of Education and Training shall be entitled to to
impose administrative penalties and adopt remediation measures for
administrative penalties under Article 15, Article 16; Point b Clause 1 Article
20; Articles 27, 28, 34, and Point b Clause 3 Article 35 hereof according to
Clause 2, Clause 3, and Clause 5 Article 40 hereof and within assigned
functions, tasks, and powers.
6. Chief of inspectorate
established by the Minister of Culture, Sports and Tourism, Director of Authority
of Press, Director of Authority of Broadcasting and Electronic Information,
Director of Department of Publishing, Printing and Issuing, Directors of
Departments of Culture, Sports, and Tourism shall be entitled to impose
administrative penalties and adopt remediation measures for administrative
violations under Point b Clause 1 Article 20; Clause 1 Article 23; Point c
Clause 2 Article 26; Clause 1 Article 28, and Articles 30, 31, 34; Point b
Clause 3 Article 35 hereof according to Clause 2, Clause 3, and Clause 5
Article 40 hereof and within assigned functions, tasks, and powers.
7. Chief of inspectorate
established by the Minister of Science and Technology, Directors of Departments
of Science and Technology shall be entitled to impose administrative penalties
and adopt remediation measures for administrative violations under Point dd
Clause 1 and Clause 3 Article 13 and Articles 18, 31, 32, 37 hereof according
to Clause 2 and Clause 5 Article 40 hereof and within functions, tasks, and
powers.
8. Chief of inspectorate
established by the Minister of Science and Technology, Directors of Departments
of Science and Technology shall be entitled to impose administrative penalties
and adopt remediation measures for administrative violations under Point dd Clause
1 and Clause 3 Article 13 and Articles 18, 31, 32, 37 hereof according to
Clause 2 and Clause 5 Article 40 hereof and within assigned functions, tasks,
and powers.
9. Chief of inspectorate
established by the Minister of Construction, Directors of Departments of
Construction shall be entitled to impose administrative penalties and adopt
remediation measures for administrative violations under Article 17 and
Articles 34, 35, and 36 hereof according to Clause 2 and Clause 5 Article 40
hereof and within assigned functions, tasks, and powers.
10. Chief of inspectorate
established by the Minister of Ethnic and Religious Affairs, Director of
Government Committee for Religious Affairs, Director of Departments of Ethnic
and Religious Affairs shall be entitled to impose administrative penalties and
remediation measures under Clause 3 Article 28 hereof according to Clause 2,
Clause 3, and Clause 5 Article 40 hereof and within assigned scope, functions,
tasks, and powers.
11. Chief of inspectorate
established by the Minister of Home Affairs, Director of Department of
Employment, Director of Departments of Home Affairs shall be entitled to impose
administrative penalties and adopt remediation measures for administrative
violations under Clause 2 Article 24 hereof according to Clause 2, Clause 3,
and Clause 5 Article 40 hereof and within assigned scope, functions, tasks, and
powers.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
13. Managerial titles
entitled to impose administrative penalties of people's public security shall
be entitled to impose administrative penalties and adopt other remediation
measures for administrative penalties under Articles 7, 8, 9, 10, 11, 12, 13,
17, 18; Point a and Point c Clause 2 Article 19; Articles 20, 21, 22, 23, 24,
25; Clause 2 Article 26; Point a Clause 1, Clause 2, Clause 3 Article 27 and
Articles 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 hereof according to Article 42
hereof and within assigned scope, functions, tasks, and powers.
14. Managerial titles
entitled to impose administrative penalties of Border Guard shall be entitled
to impose administrative penalties and adopt other remediation measures for
administrative penalties under Articles 7, 8, 12 ,13, 17; Clause 2 Article 20;
Articles 23, 29, 30, and Clause 2 Article 31 hereof according to Article 43
hereof and within assigned scope, functions, tasks, and powers.
15. Managerial titles
entitled to impose administrative penalties of Coast Guard shall be entitled to
impose administrative penalties and adopt remediation measures for
administrative violations under Clause 2 and Clause 3 Article 17; Clause 1
Article 23; Clause 2 Article 24; Clause 1 Article 25; Articles 29, 30, 31, 36
hereof according to Article 44 hereof and within assigned scope, functions,
tasks, and powers.
16. Managerial titles
entitled to impose administrative penalties of maritime port authorities,
airport authorities, waterway port authorities shall be entitled to impose
administrative penalties and adopt remediation measures for administrative
violations under Article 17; Clause 2 Article 24; Article 25, and Article 36
hereof according to Article 45 hereof and within assigned scope, functions,
tasks, and powers.
Article
39. Entitlement of Chairpersons of People’s Committees
1. Chairpersons of
People’s Committees of communes, wards, and special administrative regions have
the right to:
a) issue warning;
b) impose a fine of up to
VND 25.000.000.
c) confiscate exhibit of
administrative penalties;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
dd) temporarily suspend
operation for 3 to 6 months;
e) adopt remediation
measures under Clause 3 Article 5 hereof.
2. Chairpersons of
People’s Committees of provinces and cities have the right to:
a) issue warning;
b) impose a fine of up to
VND 50.000.000;
c) confiscate exhibit of
administrative penalties;
d) temporarily suspend all
or part of business operation related to the violations for 1 to 3 months;
dd) temporarily suspend
operation for 3 to 6 months;
e) adopt remediation
measures under Clause 3 Article 5 hereof.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Directors of
Sub-departments in population, children’s affairs and Directors of
Sub-departments of Food Safety affiliated to Departments of Health have the
right to:
a) issue warning;
b) impose a fine of up to
VND 25.000.000;
c) confiscate exhibit of
administrative penalties;
d) temporarily suspend all
or part of business operation related to the violations for 1 to 3 months;
dd) temporarily suspend
operation for 3 to 6 months;
e) adopt remediation
measures under Clause 3 Article 5 hereof.
2. Directors of department
of Health, Directors of Departments of Home Affairs, Directors of Departments
of Education and Training, Directors of Departments of Culture - Sports and
Tourism, Directors of Departments of Science and Technology, Directors of
Departments of Justice, Directors of Departments of Construction, Departments
of Ethnic and Religion’s Affairs have the right to:
a) issue warning;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) confiscate exhibit of
administrative penalties;
d) temporarily suspend all
or part of business operation related to the violations for 1 to 3 months;
dd) temporarily suspend
operation for 3 to 6 months;
e) adopt remediation
measures under Clause 3 Article 5 hereof.
3. Director of Department
of Medical Service Administration, Director of Vietnam Population Authority,
Director of Administration of Disease Prevention, Director of Agency of Drug
Administration, Director of Agency of Food Safety, Director of Department
Vocational Education and Continuing Education, Director of Authority of Press,
Director of Authority of Broadcasting and Electronic Information, Director of
Department of Publishing, Printing and Issuing, Director of Department of
Employment, Government Committee for Religious Affairs have the right to:
a) issue warning;
b) impose a fine of up to
VND 50.000.000;
c) confiscate exhibit of
administrative penalties;
d) temporarily suspend all
or part of business operation related to the violations for 1 to 3 months;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
e) adopt remediation
measures under Clause 3 Article 5 hereof.
4. Chief of inspectorate
established by Director of Department of Social Assistance and Director of
Maternal and Child Health shall be entitled to impose penalties in accordance
with Clause 2 of this Article.
5. Chief of inspectorate
established by the Minister of Health, the Minister of Home Affairs, the
Minister of Education and Training, the Minister of Culture, Sports and
Tourism, the Minister of Science and Technology, the Minister of Justice, the
Minister of Construction, and the Minister of Ethnic and Religious Affairs
shall be entitled to impose penalties in accordance with Clause 3 of this
Article.
Article
41. Entitlement of market surveillance
1. Market surveillance
personnel, while in the performance of their duty, have the right to:
a) issue warning;
b) impose a fine of up to
VND 5.000.000;
c) confiscate exhibit of
administrative violations of which value does not exceed VND 10.000.000.
2. Leaders of market
surveillance teams affiliated to Sub-departments of Market Surveillance
affiliated to Departments of Industry and Trade have the right to:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) impose a fine of up to
VND 15.000.000;
c) confiscate exhibit of
administrative violations of which value does not exceed VND 30.000.000;
d) adopt remediation
measures under Points dd, i Clause 1 Article 28 of the Law on Administrative
Penalties and Points d, e, q, r, x, and y Clause 3 Article 5 hereof.
3. Director of
Sub-departments of Market Surveillance affiliated to Departments of Industry
and Trade, directors of departments of market surveillance affiliated to
Department of Market Surveillance have the right to:
a) issue warning;
b) impose a fine of up to
VND 25.000.000;
c) confiscate exhibit of
administrative penalties;
d) temporarily suspend all
or part of business operation related to the violations for 1 to 3 months;
dd) adopt remediation
measures under Points dd, i Clause 1 Article 28 of the Law on Administrative
Penalties and Points d, e, q, r, x, and y Clause 3 Article 5 hereof.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) issue warning;
b) impose a fine of up to
VND 50.000.000;
c) confiscate exhibit of
administrative penalties;
d) temporarily suspend all
or part of business operation related to the violations for 1 to 3 months;
dd) adopt remediation
measures under Points dd, i Clause 1 Article 28 of the Law on Administrative
Penalties and Points d, e, q, r, x, and y Clause 3 Article 5 hereof.
Article
42. Entitlement of people’s public security
1. Officers of people’s
public security, while in the performance of their duty, have the right to:
a) issue warning;
b) impose a fine of up to
VND 5.000.000;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Figureheads of
company-level mobile police units have the right to:
a) issue warning;
b) impose a fine of up to
VND 10.000.000;
c) confiscate exhibit of
administrative violations of which value does not exceed VND 20.000.000;
d) adopt remediation
measures under Points a, dd, e Clause 1 Article 28 of the Law on Administrative
Penalties.
3. Figureheads of police
stations, figureheads of battalion-level mobile police, navy captains, station
captains, team leaders have the right to:
a) issue warning;
b) impose a fine of up to
VND 15.000.000;
c) confiscate exhibit of
administrative violations of which value does not exceed VND 30.000.000;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
dd) temporarily suspend
operation for 3 to 6 months;
e) adopt remediation
measures under Points a, dd, e Clause 1 Article 28 of the Law on Administrative
Penalties.
4. Figureheads of
commune-level police have the right to:
a) issue warning;
b) impose a fine of up to
VND 25.000.000;
c) confiscate exhibit of
administrative penalties;
d) temporarily suspend all
or part of business operation related to the violations for 1 to 3 months;
dd) temporarily suspend
operation for 3 to 6 months;
e) adopt remediation
measures under Points a, b, c, d, dd, e, g, h, i, k, n, q, r, s, t, u, v, x,
and y Clause 3 Article 5 hereof.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
a) issue warning;
b) impose a fine of up to
VND 40.000.000;
c) confiscate exhibit of
administrative penalties;
d) temporarily suspend all
or part of business operation related to the violations for 1 to 3 months;
dd) temporarily suspend
operation for 3 to 6 months;
e) adopt remediation
measures under Points a, b, c, d, dd, e, g, h, i, k, n, q, r, s, t, u, v, x,
and y Clause 3 Article 5 hereof.
6. Directors of provincial
police have the right to:
a) issue warning;
b) impose a fine of up to
VND 50.000.000;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d) temporarily suspend all
or part of business operation related to the violations for 1 to 3 months;
dd) temporarily suspend
operation for 3 to 6 months;
e) adopt remediation
measures under Points a, b, c, d, dd, e, g, h, i, k, n, q, r, s, t, u, v, x,
and y Clause 3 Article 5 hereof.
7. Director of Department
of Internal Political Security, Director of Department of Economic Security,
Chief of Office of Investigating Police affiliated to the Ministry of Public
Security, Director of Police Department for Administrative Management of Social
Order, Director of Investigating Police Department for Narcotics Crimes,
Director of Traffic Police Department, Director of Fire and Rescue Police
Department, Director of Environmental Crime Prevention and Combat, Director of
Department of Cybersecurity and Prevention, Combat of High-tech Crimes have the
right to:
a) issue warning;
b) impose a fine of up to
VND 50.000.000;
c) confiscate exhibit of
administrative penalties;
d) temporarily suspend all
or part of business operation related to the violations for 1 to 3 months;
dd) temporarily suspend
operation for 3 to 6 months;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
Article
43. Entitlement of Border Guard
1. Border Guard officers,
while in the performance of their duty, have the right to:
a) issue warning;
b) impose a fine of up to
VND 2.500.000;
c) confiscate exhibit of
administrative violations of which value does not exceed VND 5.000.000.
2. Figureheads of stations
and captains of individuals under Clause 1 of this Article have the right to:
a) issue warning;
b) impose a fine of up to
VND 5.000.000;
c) confiscate exhibit of
administrative violations of which value does not exceed VND 10.000.000;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
3. Leaders of narcotics
and crime prevention taskforces affiliated to narcotics and crime prevention
team have the right to:
a) issue warning;
b) impose a fine of up to
VND 7.500.000;
c) confiscate exhibit of
administrative violations of which value does not exceed VND 15.000.000;
d) adopt remediation
measures under Point dd Clause 1 Article 28 of the Law on Administrative
Penalties.
4. Leaders of Border Guard
posts, captains of border guard navy squadrons, commanding officers of border
guard of port checkpoints have the right to:
a) issue warning;
b) impose a fine of up to
VND 15.000.000;
c) confiscate exhibit of
administrative violations of which value does not exceed VND 30.000.000;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
5. Captains of narcotics
and crime prevention team affiliated to Department for Narcotics and Crime
Prevention affiliated to Border Guard Command have the right to:
a) issue warning;
b) impose a fine of up to
VND 25.000.000;
c) confiscate exhibit of
administrative violations of which value does not exceed VND 50.000.000;
d) temporarily suspend all
or part of business operation related to the violations for 1 to 3 months;
dd) adopt remediation
measures under Points dd, i Clause 1 Article 28 of the Law on Administrative
Penalties and Points b, c, d, dd, e, h, i, and q Clause 3 Article 5 hereof.
6. Commanding officers of
Border Guard Command; Commanders of Border Guard Navy, Director Department for
Narcotics and Crime Prevention affiliated to Border Guard Command have the
right to:
a) issue warning;
b) impose a fine of up to
VND 50.000.000;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
d) temporarily suspend all
or part of business operation related to the violations for 1 to 3 months;
dd) adopt remediation
measures under Points dd, i Clause 1 Article 28 of the Law on Administrative
Penalties and Points b, c, d, dd, e, h, i, and q Clause 3 Article 5 hereof.
Article
44. Entitlement of Coast Guard
1. Coast Guard officers,
while in the performance of their duty, have the right to:
a) issue warning;
b) impose a fine of up to
VND 2.500.000;
c) confiscate exhibit of
administrative violations of which value does not exceed VND 5.000.000.
2. Leader of professional
coast guard department have the right to:
a) issue warning;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) confiscate exhibit of
administrative violations of which value does not exceed VND 10.000.000.
3. Captains of
professional coast guard teams, captain of coast guard stations have the right
to:
a) issue warning;
b) impose a fine of up to
VND 10.000.000;
c) confiscate exhibit of
administrative violations of which value does not exceed VND 20.000.000;
d) temporarily suspend all
or part of business operation related to the violations for 1 to 3 months;
dd) adopt remediation
measures under Point dd Clause 1 Article 28 of the Law on Administrative
Penalties.
4. Captains of coast guard
squadrons have the right to:
a) issue warning;
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
c) confiscate exhibit of
administrative violations of which value does not exceed VND 30.000.000;
d) adopt remediation
measures under Points dd, i Clause 1 Article 28 of the Law on Administrative
Penalties and Points d, e, q, r, and v Clause 3 Article 5 hereof.
5. Commanders of coast
guard navy; leaders of reconnaissance teams, captains of narcotics and crime
prevention teams affiliated to Vietnamese Coast Guard have the right to:
a) issue warning;
b) impose a fine of up to
VND 25.000.000;
c) confiscate exhibit of
administrative penalties;
d) temporarily suspend all
or part of business operation related to the violations for 1 to 3 months;
dd) adopt remediation
measures under Points dd, i Clause 1 Article 28 of the Law on Administrative
Penalties and Points d, e, q, r, and v Clause 3 Article 5 hereof.
6. Regional Command of
Coast Guard, Director of Department of Professional Operation and Law
affiliated to Vietnam Coast Guard have the right to:
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
b) impose a fine of up to
VND 40.000.000;
c) confiscate exhibit of
administrative penalties;
d) adopt remediation
measures under Points dd, i Clause 1 Article 28 of the Law on Administrative
Penalties and Points d, e, q, r, and v Clause 3 Article 5 hereof.
7. Vietnam Coast Guard
Command has the right to:
a) issue warning;
b) impose a fine of up to
VND 50.000.000;
c) confiscate exhibit of
administrative penalties;
d) temporarily suspend all
or part of business operation related to the violations for 1 to 3 months;
dd) adopt remediation
measures under Points dd, i Clause 1 Article 28 of the Law on Administrative
Penalties and Points d, e, q, r, and v Clause 3 Article 5 hereof.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
1. Lead representatives of
maritime port authorities, lead representatives of airport authorities, lead
representatives of waterway port authorities have the right to:
a) issue warning;
b) impose a fine of up to
VND 12.500.000;
c) adopt remediation
measures under Point i Clause 1 Article 28 of the Law on Administrative
Penalties and Points e and v Clause 3 Article 5 hereof.
2. Directors of maritime
port authorities, directors of airport authorities, directors of waterway port
authorities have the right to:
a) issue warning;
b) impose a fine of up to
VND 25.000.000;
c) adopt remediation
measures under Point i Clause 1 Article 28 of the Law on Administrative
Penalties and Points e and v Clause 3 Article 5 hereof.
Article
46. Entitlement to file administrative offence notice
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
2. Cadres, public
services, persons tasked with conducting inspection pertaining to social
protection, assistance, and children’s affairs in accordance with inspection
laws and other relevant law provisions shall be entitled to file administrative
offence notice within assigned functions, tasks, and powers.
3. Cadres, public
services, persons tasked with conducting inspection pertaining to social
protection, assistance, and children’s affairs in accordance with inspection
laws and other relevant law provisions shall be entitled to file administrative
offence notice within assigned functions, tasks, and powers.
Chapter
IV
IMPLEMENTATION
Article
47. Entry into force
1. This Decree comes into
force from May 16, 2026.
2. Decree No.
130/2021/ND-CP dated December 30, 2021 of the Government expires from the
effective date hereof.
Article
48. Responsibility for implementation
1. The Minister of Health
has the responsibility to provide guidelines, expedite, and arrange
implementation of this Decree.
...
...
...
Hãy đăng nhập hoặc đăng ký Thành viên
Pro tại đây để xem toàn bộ văn bản tiếng Anh.
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Le Thanh Long