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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 17/2026/ND-CP
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Hanoi, January 14, 2026
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DECREE
AMENDMENTS TO SEVERAL ARTICLES OF
THE GOVERNMENT’S DECREE NO. 162/2018/ND-CP DATED NOVEMBER 30, 2018 ON PENALTIES
FOR ADMINISTRATIVE CIVIL AVIATION OFFENCES AMENDED BY THE GOVERNMENT’S DECREE
NO. 123/2021/ND-CP DATED DECEMBER 28, 2021 ON AMENDMENTS TO SOME ARTICLES OF
DECREES ON SEVERAL ARTICLES OF DECREES PROVIDING FOR PENALTIES FOR
ADMINISTRATIVE MARITIME OFFENCES; ADMINISTRATIVE ROAD TRAFFIC OFFENCES AND RAIL
TRANSPORT OFFENCES; CIVIL AVIATION OFFENCES AND GOVERNMENT’S DECREE NO.
282/2025/ND-CP DATED OCTOBER 30, 2025 PROVIDING FOR PENALTIES FOR
ADMINISTRATIVE OFFENCES IN FIELDS OF SECURITY, SOCIAL ORDER AND SAFETY; SOCIAL
VICE PREVENTION AND COMBAT; DOMESTIC VIOLENCE PREVENTION AND COMBAT REGARDING
POWER TO IMPOSE PENALTIES FOR ADMINISTRATIVE OFFENCES
Pursuant
to the Law on Government Organization No. 63/2025/QH15;
Pursuant
to the Law on Handling of Administrative Violations No. 15/2012/QH13 amended by
the Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No.
09/2022/QH15, Law No. 56/2024/QH15, Law No. 88/2025/QH15;
Pursuant
to the Law on Civil Aviation of Vietnam No. 66/2006/QH11 amended by the Law No.
61/2014/QH13;
At the
request of the Minister of Construction;
The
Government hereby promulgates a Decree on amendments to several Articles of the
Government’s Decree No. 162/2018/ND-CP dated November 30, 2018 on penalties for
administrative civil aviation offences amended by the Government’s Decree No.
123/2021/ND-CP dated December 28, 2021 on amendments to some Articles of
Decrees on several articles of decrees providing for penalties for administrative
maritime offences; administrative road traffic offences and rail transport
offences; civil aviation offences and Government’s Decree No. 282/2025/ND-CP
dated October 30, 2025 providing for penalties for administrative offences in
fields of security, social order and safety; social vice prevention and combat;
domestic violence prevention and combat (Decree No. 162/2018/ND-CP) regarding
power to impose penalties for administrative offences.
Article 1. Amendments to Article 31 of the Decree No.
162/2018/ND-CP
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1. During
the inspection period, inspectors of the Inspectorate of the Ministry of Public
Security and Vietnam Aviation Inspectorate have the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 10,000,000;
c)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences if its value is not 02 times as high as the penalty
amount specified in point b of this clause.
2. Chiefs
of the Vietnam Aviation Inspectorate and Inspectorate of the Fire and Rescue
Police Department and provincial Police Departments have the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 50,000,000;
c)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences;
d)
Enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
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a) Issue
warnings;
b) Impose
a fine of up to VND 80,000,000;
c)
Suspend the license or suspend the operation for a fixed period;
d)
Confiscate any exhibit or instrumentality involved in commission of administrative
offences;
dd)
Enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
4. Chief
Inspector of the Inspectorate of the Ministry of Public Security; head of the
inspection team established by the Chief Inspector of the Inspectorate of the
Ministry of Public Security have the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 100,000,000;
c)
Suspend the license or suspend the operation for a fixed period;
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dd)
Enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.”.
Article 2. Article 31a is added after Article 31 of the
Decree No. 162/2018/ND-CP
“Article
31a. Power of heads of agencies performing state management tasks
1. The
Director General of the Civil Aviation Authority of Vietnam is entitled to:
a) Issue
warnings;
b) Impose
a fine of up to VND 100,000,000;
c)
Suspend the license or suspend the operation for a fixed period;
d) Confiscate
any exhibit or instrumentality involved in commission of administrative
offences;
dd)
Enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
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a) Issue
warnings;
b) Impose
a fine of up to VND 80,000,000;
c)
Suspend the license or suspend the operation for a fixed period;
d) Confiscate
any exhibit or instrumentality involved in commission of administrative
offences;
dd)
Enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
3. During
the examination period, the head of the examination team established by the
Minister of Construction and the Minister of Public Security is entitled to
impose penalties for administrative offences as prescribed in clause 1 of this
Article.”.
Article 3. Amendments to Article 32 of the Decree No.
162/2018/ND-CP
“Article
32. Power of airports authorities
1. Chief
representatives of airports authorities are entitled to:
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b) Impose
a fine of up to VND 25,000,000;
c)
Suspend the license or suspend the operation for a fixed period;
d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences if its value is not 02 times as high as the penalty
amount specified in point b of this clause;
dd)
Enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
2.
Directors of airports authorities are entitled to:
a) Issue
warnings;
b) Impose
a fine of up to VND 50,000,000;
c)
Suspend the license or suspend the operation for a fixed period;
d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences;
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Article 4. Amendments to Article 33 of the Decree No.
162/2018/ND-CP
“Article
33. Power of Chairpersons of People’s Committees
1.
Chairpersons of commune-level People’s Committees are entitled to:
a) Issue
warnings;
b) Impose
a fine of up to VND 50,000,000;
c)
Suspend the license or suspend the operation for a fixed period;
d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences;
dd)
Enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
2.
Chairpersons of provincial People’s Committees are entitled to:
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b) Impose
a fine of up to VND 100,000,000;
c) Suspend
the license or suspend the operation for a fixed period;
d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences;
dd)
Enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.”.
Article 5. Amendments to Article 34 of the Decree No.
162/2018/ND-CP
“Article
34. Power of People’s Public Security
1.
Soldiers of the People’s Public Security in the performance of their duties
have the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 10,000,000;
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2. Heads
of company-level Mobile Police units are entitled to:
a) Issue
warnings;
b) Impose
a fine of up to VND 20,000,000;
c)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences if its value is not 02 times as high as the penalty
amount specified in point b of this clause;
d)
Enforce the remedial measures mentioned in points c and d clause 3 Article 4 of
this Decree.
3. Heads
of Police Posts, Heads of company-level Mobile Police units, Station Heads and
Team Leaders are entitled to:
a) Issue
warnings;
b) Impose
a fine of up to VND 30,000,000;
c)
Suspend the license or suspend the operation for a fixed period;
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dd)
Enforce the remedial measures mentioned in points c and dd clause 3 Article 4
of this Decree.
4.
Commune-level Police Chiefs are entitled to:
a) Issue
warnings;
b) Impose
a fine of up to VND 50,000,000;
c)
Suspend the license or suspend the operation for a fixed period;
d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences;
dd)
Enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
5. Heads
of Police Offices at International Airports; Heads of professional divisions of
the following authorities, including Police Department for Administrative
Management of Social Order, Traffic Police Department, Fire and Rescue Police
Department, Immigration Department; Heads of regiment-level Mobile Police
units; Heads of divisions affiliated to provincial-level Police Departments
including heads of investigation police divisions for social order crimes,
heads of traffic police divisions, heads of mobile police divisions, heads of
police divisions for investigation into corruption, economy, smuggling and
environment-related crimes, heads of fire and rescue police divisions, heads of
mobile police divisions, Office Chiefs of the Investigation Police Authorities
affiliated to provincial-level Police Departments are entitled to:
a) Issue
warnings;
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c)
Suspend the license or suspend the operation for a fixed period;
d)
Confiscate any exhibit or instrumentality involved in commission of administrative
offences;
dd)
Enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
6. Heads
of immigration divisions affiliated to provincial-level Police Departments have
the power to impose penalties as prescribed in clause 5 of this Article.
7.
Directors of provincial-level Police Departments are entitled to:
a) Issue
warnings;
b) Impose
a fine of up to VND 100,000,000;
c)
Suspend the license or suspend the operation for a fixed period;
d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences;
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8.
Director General of Police Department for Administrative Management of Social
Order, Director General of Investigation Police Division for Social Order
Crimes, Director General of Traffic Police Department, , Director General of
Fire and Rescue Police Department, Director General of Environment Crime
Prevention and Fighting Police Department, Director General of Internal Security
Department, Commander of the Mobile Police and Office Chief of the
Investigation Police Authority affiliated to the Ministry of Public Security
are entitled to:
a) Issue
warnings;
b) Impose
a fine of up to VND 100,000,000;
c)
Suspend the license or suspend the operation for a fixed period;
d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences;
dd)
Enforce the remedial measures mentioned in clause 3 Article 4 of this Decree.
9.
Director General of Immigration Department have the power to impose penalties
as prescribed in clause 8 of this Article.
10. The
People’s Public Security force has the power to impose penalties for
administrative civil aviation offences as prescribed in point a clause 1
Article 8; point b clause 4, clause 6 Article 10; points a, b, c clause 1,
clause 2; points a, b, c, d, dd, l clause 3 Article 11; point a clause 1; point
a clause 2, Article 12; Article 14; points a, c, e, h clause 4; points a, c, d,
dd, e, g clause 5; points a and b clause 6, Article 16, Article 25, Article 26
and Article 27 of this Decree.”.
Article 6. Amendments to Article 36 of the Decree No.
162/2018/ND-CP
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1.
Persons having the power to impose penalties for administrative civil aviation
offences have the power to make administrative offence records; impose primary
and additional penalties; apply remedial measures to the administrative
offences mentioned in this Decree and administrative offences that arise in the
civil aviation sector specified in Decrees providing for impose penalties for
administrative offences against regulations on prices, charges, fees, invoices;
construction activities, production of construction materials, management of technical
infrastructural constructions, real estate business, housing management and
development; security, social order and safety; social vice prevention and
combat; domestic violence prevention and combat; post, telecommunications,
radio frequencies, information technology and electronic transactions;
commercial activities, production and trading of counterfeit and prohibited
goods, and protection of consumer rights; vocational education and training;
environmental protection; water resources and minerals; healthcare.
2.
Principles of determination and distinction of power to impose penalties for
administrative offences and apply remedial measures shall comply with Article
52 of the Law on Handling of Administrative Violations amended by the Law on
amendments to some Articles of the Law on Handling of Administrative Violations
2020 and 2025.”.
Article 7. Amendments to Article 37 of the Decree No.
162/2018/ND-CP
“Article
37. Power to make records of administrative offences
1. The
persons having power to make records of administrative civil aviation offences
include:
a)
Persons having the power to impose penalties for administrative civil aviation
offences, who have the power to make records of administrative offences in
fields under his/her management, within the scope and contents of an inspection
or examination;
b)
Members of examination teams upon conducting inspection, who have the power to
make records of administrative civil aviation offences within the scope and
contents of the examination;
c)
Persons of People’s Public Security Forces in the performance of their duties;
d) Civil
servants and public employees of agencies whose heads have the power to impose
penalties for administrative offences upon conducting inspection, examination, supervision,
handling of offences or performance of their duties;
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2. A pilot-in-command
on board an aircraft in flight bearing Vietnamese nationality shall organize
the making of records of administrative offences which occur on board aircraft
in flight.
The
pilot-in-command shall transfer a case of administrative offence committed on
board the aircraft to competent state management agencies as follows:
a) The
case of offence against regulations on assurance of aviation order and security
shall be transferred to the aviation security authority at the airport/aerodrome
where the aircraft lands;
b)
Another case other than that specified in point a of this clause shall be
transferred to the airports authority where the aircraft lands.”.
Article 8. Implementation clause
1. This
Decree comes into force from March 01, 2026 and repeals the following:
a)
Article 35 of the Decree No. 162/2018/ND-CP;
b)
Clauses 20, 21, 22, 23 and 24 Article 3 of the Government’s Decree No.
123/2021/ND-CP dated December 28, 2021;
c)
Article 67 of the Government’s Decree No. 282/2025/ND-CP dated October 30,
2025.
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FOR THE GOVERNMENT
PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER
Tran Hong Ha