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THE GOVERNMENT
OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 78/2026/ND-CP
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Hanoi, March 17, 2026
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DECREE
AMENDMENTS TO GOVERNMENT’S DECREE NO.
174/2024/ND-CP DATED DECEMBER 30, 2024 PRESCRIBING PENALTIES FOR ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON INSURANCE BUSINESS
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on
Handling of Administrative Violations No. 15/2012/QH13, as amended by the Law
No. 67/2020/QH14 and the Law No. 88/2025/QH15;
Pursuant to the Law on
Insurance Business No. 08/2022/QH15, as amended by the Law No. 139/2025/QH15;
At the request of the
Minister of Finance of Vietnam;
The Government
promulgates a Decree providing amendments to the Government’s Decree No.
174/2024/ND-CP dated December 30, 2024 prescribing penalties for administrative
violations against regulations on insurance business.
Article
1. Amendments to Article 41
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1. Heads of examination
teams established by the Director General of the Insurance Supervisory
Authority shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
80.000.000;
c) Suspend operations for
fixed periods;
d) Impose the remedial
measures specified in clause 5 Article 3 hereof.
2. Director General of the
Insurance Supervisory Authority and Heads of examination teams established by
the Minister of Finance of Vietnam shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
100.000.000;
c) Suspend operations for
fixed periods;
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3. Soldiers on duty of
People’s Public Security Forces shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
10.000.000.
4. Team Leaders in charge
of managing the soldiers of People’s Public Security Forces shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND
30.000.000;
c) Impose the remedial
measures specified in clause 5 Article 3 hereof.
5. Commune-level Police
Chiefs shall have the power to:
a) Issue warning;
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c) Impose the remedial
measures specified in clause 5 Article 3 hereof.
6. Heads of professional
divisions affiliated to the Economic Security Department, including: the
Industrial and Commercial Security Division, the Monetary Security Division,
the Transport and Construction Security Division, the Financial and Investment
Security Division, the Agriculture, Forestry and Fisheries Security Division,
the Science, Technology, and Natural Resources and Environment Security
Division; Heads of professional divisions affiliated to the Police Department
for Administrative Management of Social Order, including: the Division for
Guidance and Management of Weapons, Explosives, Support Instruments and
Pyrotechnics; the Division for Guidance and Management of Business Lines
subject to Security and Public Order Conditions, and Seals, and the Director of
the National Population Data Center; Heads of professional divisions affiliated
to the Fire and Rescue Police Department, including: the Fire Prevention
Division, the Fire Prevention and Fighting Appraisal Division, the Firefighting
and Rescue Division, the Division for Science and Technology Management and
Inspection of Firefighting and Rescue Equipment; Heads of divisions affiliated
to Provincial-level Police Departments, including: Police Divisions for
Administrative Management of Social Order, Investigation Police Divisions for
Social Order Crimes, Police Divisions for Investigation into Corruption,
Economy, Smuggling and Environment-related Crimes; Fire and Rescue Police
Divisions, Economic Security Divisions; Office Chiefs of Investigation Police
Authorities under Provincial-level Police Departments, shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
80.000.000;
c) Impose the remedial
measures specified in clause 5 Article 3 hereof.
7. Directors General
(Directors) of the following authorities: the Economic Security Department, the
Police Department for Investigation into Corruption, Economy and
Smuggling-related Crimes, the Police Department for Administrative Management
of Social Order, the Investigation Police Department for Social Order Crimes,
and the Fire and Rescue Police Department, Directors of Provincial-level Police
Departments, and the Office Chief of the Investigation Police Authority
affiliated to Ministry of Public Security, shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
100.000.000;
c) Impose the remedial
measures specified in clause 5 Article 3 hereof.
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a) Issue warning;
b) Impose a fine up to VND
50.000.000;
c) Impose the remedial
measures specified in clause 5 Article 3 hereof.
9. Chief Inspectors of
SBV's Regional Branches shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
80.000.000;
c) Impose the remedial
measures specified in clause 5 Article 3 hereof.
10. SBV’s Chief Inspector
and Heads of inspection teams established by SBV's Chief Inspector shall have
the power to:
a) Issue warning;
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c) Impose the remedial measures
specified in clause 5 Article 3 hereof.”.
Article
2. Amendments to Article 42
“Article 42. Rules for
determination and distinction of power to impose penalties for administrative
violations against regulations on insurance business
1. Heads of inspection
teams and heads examination teams shall have the power to impose penalties for
administrative violations falling within the scope and subject matters of the
inspection or examination, within the inspection or examination period as
prescribed by law. Where the inspection or examination period expires as
prescribed by law before a penalty imposition decision is issued, the violation
shall be referred to a competent person for imposition of penalties.
2. In case an
administrative violation in the insurance business sector falls under the
jurisdiction of multiple title holders, the title holder who first handles the
case shall impose penalties for such violation.
3. Where any of the
penalties, fines, additional penalties and remedial measures prescribed for a
violation goes beyond his/her competence as prescribed herein, the person
having the power to impose penalties who is currently handling the violation
shall immediately refer the case to a competent authority or person for
imposing penalties.
4. Where a person who is
performing official duties under a legislative document or an administrative
document issued by a competent authority or officer has the power to make a
record of an administrative violation but does not have the power to impose
penalties for such a violation, he/she shall be required to transfer the record
of violation to the person having the power to impose penalties as prescribed
by law.
5. The penalties imposed
by the persons specified in Article 41 of this Decree are those imposed on individuals
committing administrative violations. In case of fines, the fine imposed by a
title holder on an organization is twice as much as that they impose on an
individual for committing the same administrative violation.
6. Distinction of power to
impose penalties for administrative violations among title holders specified in
Article 41 of this Decree:
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b) The title holders of
People’s Public Security Forces specified in clauses 3, 4, 5, 6, and 7 Article
41 of this Decree shall have the power to impose penalties for the
administrative violations prescribed in Article 15, point d clause 2 Article
16, point b clause 1 Article 39, Article 40 of this Decree;
c) The title holders of
SBV specified in clauses 8, 9, 10 Article 41 of this Decree shall have the
power to impose penalties for the administrative violations prescribed in
clauses 1, 2 Article 40 of this Decree.”.
Article
3. Amendments to Article 44
“Article 44.
Implementation of administrative penalties and remedial measures
1. Decisions on imposition
of penalties for administrative violations shall be implemented in accordance
with regulations of the law on handling of administrative violations.
2. Records, documents,
instruments or other papers recording the implementation of penalties and
remedial measures must be included in the dossiers on imposition of penalties
for administrative violations as prescribed in Article 57 of the Law on
handling of administrative violations.”.
Article
4. Addition of Article 44a following Article 44
“Article 44a. Online
handling of administrative violations
The online handling of
administrative violations shall comply with provisions of Article 18a of the
Law on Handling of Administrative Violations and Chapter IIIa of the
Government’s Decree No. 190/2025/ND-CP dated July 01, 2025.”.
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“Section 4a
VIOLATIONS AGAINST REGULATIONS ON CAPITAL MANAGEMENT, USE OF
CAPITAL AND ASSETS”.
Article
6. Implementation
This Decree comes into
force from May 01, 2026./.
ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
DEPUTY PRIME MINISTER
Ho Duc Phoc