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THE GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 189/2025/ND-CP
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Hanoi, July 01, 2025
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DECREE
ELABORATION OF LAW ON HANDLING ADMINISTRATIVE VIOLATIONS REGARDING
JURISDICTION TO IMPOSE ADMINISTRATIVE PENALTIES FOR VIOLATIONS
Pursuant to the Law on
Government Organization dated February 18, 2025;
Pursuant to the Law on
Handling Administrative Violations dated June 20, 2012; the Law on amendments
to the Law on Handling Administrative Violations dated November 13, 2020; the
Law on amendments to the Law on Handling Administrative Violations dated June
25, 2025;
Pursuant to the Law on
Inspection dated June 25, 2025;
At the request of the
Minister of Justice;
The Government
promulgates Decree on elaboration of Law on Handling Administrative Violations
regarding jurisdiction to impose administrative penalties for violations.
Chapter
I
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Article
1. Scope
This Decree elaborates
title holders that have jurisdiction to impose penalties for administrative
violations; each title holder's jurisdiction to impose penalties and remedial
measures in accordance with regulations in clause 2 Article 37a of the 2012 Law
on Handling Administrative Violations amended by the 2020 Law and the 2025 Law
(hereinafter referred to as “Law on Handling Administrative Violations).
Article
2. Regulated entities
1. Regulatory bodies,
Heads of authorities managing persons having jurisdiction to impose administrative
penalties.
2. Persons having
jurisdiction to impose administrative penalties.
3. Authorities,
organizations and individuals related to imposition of administrative
penalties.
Article
3. Regulations on jurisdiction to impose penalties for administrative
violations in state management sectors
1. Regulations on
jurisdiction to impose penalties for administrative violations in state
management sectors shall be based on regulations on title holders’ jurisdiction
to impose penalties for administrative violations specified in this Decree and
Decrees on imposition of penalties for administrative violations in state
management sectors that contain specific regulations on title holders having
jurisdiction to impose penalties; specific fine imposed on each title holder;
jurisdiction to impose penalties; jurisdiction to impose remedial measures on
administrative violations.
2. Regulations on title
holders having jurisdiction to impose penalties for administrative violations
and each title holder's jurisdiction to impose penalties and remedial measures
shall be based on functions, duties and powers in terms of management of
sectors, fields and localities.
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1. In case an
administrative violation is being accepted and handled by a competent person
working for a vertically organized central authority within a local area but it
must be transferred to a person having jurisdiction to impose a penalty, the
transfer of a violation file may be prescribed in Decrees on imposition of
administrative penalties in each state management sector. If the transfer of
the violation file is not prescribed in such Decrees, the violation file shall
be transferred in the following order:
a) The violation file is
transferred to the person having jurisdiction to impose the penalty for the
administrative violation and working for the vertically organized central
authority within the local area;
b) The violation file is
transferred to the person having the highest jurisdiction to impose the penalty
for the administrative violation in the field/sector under his/her management
or the Chairperson of the People's Committee having jurisdiction to impose the
penalty of the location where the violation occurs. Regarding any
administrative violation specified in point c clause 4 Article 52 of the Law on
Handling Administrative Violations or case involving an exhibit/instrumentality
of an administrative violation that is real estate, aircraft, sea vessel,
inland waterway vessel, good or vehicle that is bulky, difficult to transport
them or has high transportation cost, the Chairperson of the People's Committee
having jurisdiction to impose the penalty of the location where the violation
occurs has jurisdiction to impose the penalty for the administrative violation
or the case.
2. An administrative
violation case involving multiple violations in different state management
sectors, including violations outside the jurisdiction to impose penalties of
the Chairperson of the People’s Committee, shall be handled as follows:
a) Regarding violations
within the jurisdiction to impose penalties of the Chairperson of the People’s
Committee, the jurisdiction to impose penalties for such violations shall be
determined according to point c clause 4 Article 52 of the Law on Handling
Administrative Violations;
b) Regarding violations
outside the jurisdiction to impose penalties of the Chairperson of the People’s
Committee, the jurisdiction to impose penalties for such violations shall be
determined according to point a and point b clause 4 Article 52 of the Law on
Handling Administrative Violations.
3. In case of confiscation of
exhibits and instrumentalities used for commission of administrative violations
that are goods prohibited from possession or circulation, the jurisdiction to
impose administrative penalties shall be determined according to the following
principles:
a) If the person who is
handling the case in any of the fields and sectors under his/her management
specified in Articles 7 through 15 and Article 17 of this Decree has the
jurisdiction to confiscate exhibits and instrumentalities used for commission
of administrative violations and the jurisdiction to confiscate exhibits and
instrumentalities depends on the jurisdiction to impose fines, the violation
case shall be transferred to the person having both jurisdiction to impose
penalties in the same field or sector and jurisdiction to confiscate such
exhibits/instrumentalities regardless of their value;
b) If the person who is
handling the case is not the person specified in point a of this clause, the
violation case shall be transferred to the Chairperson of the People's
Committee having jurisdiction to impose penalties of the location where the
violation occurs.
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4. The jurisdiction to
decide impoundment of exhibits and instrumentalities used for commission of
administrative violations that are goods prohibited from possession or
circulation shall comply with regulations in clause 3 Article 125 of the Law on
Handling Administrative Violations.
Chapter
II
JURISDICTION
TO IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS AND REMEDIAL MEASURES
Article
5. Jurisdiction of the Chairperson of the People's Committee
1. Chairperson of the
commune-level People’s Committee has the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 50% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Suspend license or practicing
certificate or operation for a fixed period;
d) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
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2. Chairperson of the
provincial People’s Committee has the jurisdiction to:
a) Issue warnings;
b) Impose the maximum
fine in the equivalent sector prescribed in Article 24 of the Law on Handling
Administrative Violations;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
dd) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
Article
6. Jurisdiction of Heads of authorities performing state management tasks by
fields and sectors and other title holders
1. Director of Regional
Veterinary/Animal Health Sub-Department affiliated to Veterinary/Animal Health
Department; Director of Regional Plant Quarantine Sub-Department affiliated to
Department of Cultivation and Plant Protection; Director of
Quality, Processing and Market Development Sub-Department of the Central
region, Director of Quality, Processing and Market Development
Sub-Department of the Southern region affiliated to Quality, Processing
and Market Development Department; Director of Sub-Department of Standards,
Metrology and Quality affiliated to Department of Science and Technology; Director
of Sub-Department of Cultivation, Plant Protection, Veterinary, Animal Health,
Agro-aqua-forestry Quality Assurance, Irrigation, Dykes, and Natural Disaster
Management affiliated to Department of Agriculture and Environment; Director of
Food Safety Sub-Department, Director of Population and Children Sub-Department
affiliated to Department of Health; Head of the regional road management
authority affiliated to Department for Roads of Vietnam; Director of provincial
Statistics Sub-Department affiliated to Statistics Department; Director of
Regional Radio Frequency Center; Director of Regional State Treasury; Director
of Regional Social Security; Director of Maritime and Waterway Administration
of the Northern region, Director of Maritime and Waterway Administration of the
Southern region has the jurisdiction to:
a) Issue warnings;
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c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
dd) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
2. Director of Department
has the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 80% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
dd) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
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a) Issue warnings;
b) Impose the maximum
fine in the equivalent sector prescribed in Article 24 of the Law on Handling
Administrative Violations;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
dd) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
4. The Head of
inspectorate established by the Head of the organization affiliated to ministry
or ministerial-level agency and performing tasks under the state management of
the ministry or ministerial-level agency has the jurisdiction to impose
penalties according to regulations in clause 2 of this Article.
The Head of inspectorate
established by a Minister of Head of a ministerial-level agency has the
jurisdiction to impose penalties according to regulations in clause 3 of this
Article.
Article
7. Jurisdiction of inspectors
1. The inspector of the
Ministry of National Defense, the Ministry of Public Security, State Bank of
Vietnam; the Government Cipher Committee, Department of Radiation and Nuclear
Safety, Vietnam Maritime and Waterway Administration, Civil Aviation Authority
or State Securities Commission has the jurisdiction to:
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b) Impose a fine equaling
up to 10% of a maximum fine for a violation arising in the equivalent sector prescribed
in Article 24 of the Law on Handling Administrative Violations;
c) Confiscate any exhibit
or instrumentality used for commission of administrative violation if its value
is not 02 times as high as the fine specified in point b of this clause.
2. The Head of
inspectorate of Department of Radiation and Nuclear Safety, Vietnam Maritime
and Waterway Administration, Civil Aviation Authority, State Securities
Commission, Regional State Bank, Police Department of Management of Prisons,
compulsory education establishments and reform schools, Police
Department of Fire
Prevention and Fighting and Rescue, provincial Police
Authority, Government Cipher Committee; Head of the Military Inspectorate,
Hanoi Capital Command has the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 50% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
d) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
3. Chief Cipher
Inspector; Chief Inspector of Department of Radiation and Nuclear Safety; Chief
Inspector of Vietnam Maritime and Waterway Administration; Chief Inspector of
Civil Aviation Authority; Chief Inspector of State Securities Commission; Chief
Military Defense Inspector; Chief Defense Inspector of Hanoi Capital Command;
Chief Inspector of regional State Bank; Chief Inspector of Police Department
for management of detention camps, compulsory education establishments and
reform schools; Chief Inspector of Police Department of Fire
Prevention and Fighting and Rescue; Chief Inspector of
provincial Police Authority has the jurisdiction to:
a) Issue warnings;
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c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
dd) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
4. The Chief Inspector of
the Ministry of National Defense, the Ministry of Public Security, State Bank
of Vietnam; the Head of inspectorate established by the Chief Inspector of the Ministry
of National Defense, the Ministry of Public Security, State Bank of Vietnam has
the jurisdiction to:
a) Issue warnings;
b) Impose the maximum
fine in the equivalent sector prescribed in Article 24 of the Law on Handling
Administrative Violations;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
dd) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
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a) Issue warnings;
b) Impose a fine equaling
up to 10% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Confiscate any exhibit
or instrumentality used for commission of administrative violation if its value
is not 02 times as high as the fine specified in point b of this clause.
2. The Head of
company-level Mobile Police Unit has the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 20% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Confiscate any exhibit
or instrumentality used for commission of administrative violation if its value
is not 02 times as high as the fine specified in point b of this clause;
d) Impose remedial measures
specified in points a, c, dd and e clause 1 Article 28 of the Law on Handling
of Administrative Violations.
3. The Head of Police
Post, Head of Battalion-level Mobile Police Unit,
Captain of Squadron, Head of police station or Leader of the officers
has the jurisdiction to:
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b) Impose a fine equaling
up to 30% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or instrumentality used for commission of administrative violation if its value
is not 02 times as high as the fine specified in point b of this clause;
dd) Impose the remedial
measures specified in points a, c, dd and e clause 1 Article 28 of the Law on
Handling of Administrative Violations.
4. Commune-level Police
Chief has the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 50% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
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5. Head of International
Airport Police Office; Heads of professional divisions affiliated to Bureau of
Homeland Security, including Head of General Advisory Division, Head of
Catholic Security Division, Head of Division of Security for Other
Religions, Head of Ethnic Security Division, Head of Anti-Reactionary Division,
Head of Anti-Terrorism Division, Head of Social Security Division; Heads of
professional divisions affiliated to Bureau of Internal Political Security,
including Heads of Internal Security Divisions affiliated central authorities
of Communist Party and State, Head of Security Divisions affiliated to central
judicial authorities, law-making authorities, political and social
organizations, Head of Press and Publishing Security Division, Head of Health
and Education Security Division, Head of Culture, Sports and Social Labor
Security Division, Head of Post, Telecommunications and Information Technology
Security Division, Head of Division of State Management of Protection of State
Secrets; Heads of professional divisions affiliated to Bureau of Economic
Security, including Head of Industry and Trade Security Division, Head of
Monetary Security Division, Head of Division of Traffic and Construction
Security, Head of Division of Finance and Investment Security, Head of Division
of Agriculture, Forestry and Fishery Security, Head of Division of Science, Technology
and Natural Resources and Environment Security; Heads of professional divisions
affiliated to Police Bureau of Investigation into Drug-related Crimes,
including Head of Division of Prevention and Investigation into Crimes related
to Illegal Drug Trading and Transportation, Head of Division of Prevention and
Investigation into Crimes related to organization and permission of illegal use
of Drug, Head of Division of Prevention and Investigation into Crimes related
to Illegal Drug Production, Head of Division of Prevention and Investigation
into Crimes in Legal Activities Related to Drugs; Heads of professional
divisions affiliated to Police Bureau for Administrative Management of Social
Order, including Head of Division of Provision of Guidance and Management of
Weapons, Explosives, Support Tools and Fireworks, Head of Division of Provision
of Guidance and Management of Conditional Business Lines on Security, Order and
Seals, Director of the National Population Data Center; Heads of professional
divisions affiliated to Bureau of Traffic Police, including Head of Guidance
Division for Dissemination of Information, Investigation and Handling of
Traffic Accidents, Head of Division of Guidance on Registration and Inspection
of Vehicles, Head of Division of Guidance, Training, Testing and Management of
Driver Licenses issued to Vehicle Operators, Head of Division of Guidance on
Patrol and Control of Road and Railway Traffic, Head of Division of Guidance on
Traffic Control and Escort , Head of Division of Patrol, Control and Prevention
and Combat of Crimes on Inland Waterways, Captain of Squadron; Heads of
professional divisions affiliated to Police Bureau of Fire Prevention and
Rescue, including Head of Fire Prevention Division, Head of Fire Prevention and
Fighting Approval Division, Head of Fire Fighting and Rescue Division, Head of
Division of Management of Science - Technology and Inspection of Fire
Prevention, Fighting and Rescue Equipment; Heads of professional divisions
affiliated to Bureau of Cybersecurity and High-Tech Crime Prevention and
Control, including Head of Division of Prevention and Control of Cybercrime
Using Cyberspace to Violate Economic Management Order, Head of Division of
Prevention and Control of Cybercrime Using Cyberspace to Violate Social Order,
Head of Division of Cyber Information Security, Head of Division of Protection
of National Information Network Security, Head of Division of Monitoring of
Cyber Information and Prevention of Cyberspace use for Violations against
National Security; Heads of professional divisions affiliated to Bureau of
Immigration, including Head of Division of Management of Immigration and
Residence of Foreigners, Head of Division of Management of Immigration of
Vietnamese Citizens, Director of the National Aviation Security Center; Heads
of professional divisions affiliated to the National Data Center, including
Head of General Advisory Division, Head of Application Administration Division,
Head of Data Administration Division, Head of System Security and Safety
Division, Head of Information Technology System Administration and Operation
Division, Head of Data Center Station Shell Administration and Operation
Division; Head of Regiment-level Mobile Police Unit; Heads of Divisions
affiliated to the provincial Police Authority, including Head of Home Security
Division, Head of Internal Political Security Division, Head of Police Division
for Administrative Management of Social Order, Head of Police Divisions for
Investigation into Social Order Crimes, Head of Police Division for
Investigation into Corruption, Economic, Smuggling and Environment Crimes, Head
of Police Division for Investigation into Drug-related Crimes, Head of Traffic
Police Division, Head of Mobile Police Division, Head of Police Division for
Execution of Criminal Judgments and Judicial Assistance, Head of Police
Division for Fire Prevention, Fire Fighting and Rescue, Head of Division of
Cybersecurity and High-Tech Crime Prevention and Control, Head of Economic
Security Division, Head of Foreign Security Division, Chief of Office of the
Investigation Police Agency affiliated to the provincial Police Authority have
the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 80% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
dd) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
6. The Head of
Immigration Division affiliated to the provincial police authority has the
jurisdiction to impose any penalty specified in clause 5 of this Article and
decide to impose the deportation penalty.
7. Director of the
provincial police authority has the jurisdiction to:
a) Issue warnings;
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c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
dd) Impose the
deportation penalty;
e) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
8. Director of Internal
Political Security Bureau, Director of Economic Security Bureau, Chief of the
Office of the Police Investigation Agency affiliated to the Ministry of Public
Security, Director of Police Bureau of Administrative Management of Social
Order, Director of Police Bureau of Investigation into Social Order-related
Crimes, Director of Police Bureau of Investigation into Corruption, Economy and
Smuggling-related Crimes, Director of Police Bureau of Investigation into
Drug-related Crimes, Director of Police Traffic Bureau, Director of Police
Bureau of Fire Prevention and Rescue, Director of Police Bureau of
Environmental Crime Prevention, Director of Bureau of Cybersecurity and
High-Tech Crime Prevention and Control, Director of Home Security Bureau,
Director of Police Bureau for Managing Custody, Temporary detention and
Criminal judgment Execution in the Community; Mobile Police Command, Director
of the National Data Center has the jurisdiction to:
a) Issue warnings;
b) Impose the maximum
fine in the equivalent sector prescribed in Article 24 of the Law on Handling
Administrative Violations;
c) Suspend license or practicing
certificate or operation for a fixed period;
d) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
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9. Director of Bureau of
Immigration has the jurisdiction to impose any penalty specified in clause 8 of
this Article and decide to impose the deportation penalty.
Article
9. Jurisdiction of Border Guard
1. An on-duty Border
Guard officer has the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 5% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Confiscate any exhibit
or instrumentality used for commission of administrative violation if its value
is not 02 times as high as the fine specified in point b of this clause.
2. Head of Border Guard
station or leader of the officers mentioned in clause 1 of this Article has the
jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 10% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
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d) Impose remedial
measures specified in points a, c, dd and e clause 1 Article 28 of the Law on
Handling of Administrative Violations.
3. Team leader of Crime
and Drug Prevention and Control Task Force affiliated to Crime and Drug
Prevention and Control Brigade has the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 15% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Confiscate any exhibit
or instrumentality used for commission of administrative violation if its value
is not 02 times as high as the fine specified in point b of this clause;
d) Impose remedial
measures specified in points a, c, dd and e clause 1 Article 28 of the Law on
Handling of Administrative Violations.
4. Head of Border Guard
Post, Commander of Border-Guard Flotilla or Commander of Port Border Guard has
the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 30% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
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d) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
5. Commander of Crime and
Drug Prevention and Control Brigade affiliated to Crime and Drug Prevention and
Control Department under Border Guard High Command has the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 50% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
dd) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
6. Chief Commander of
Border Guard Command; Captain of Naval Border Guard Squadron, or Director of
the Department of Drug and Crime Prevention and Control affiliated to Border
Guard High Command has the jurisdiction to:
a) Issue warnings;
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c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
dd) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
Article
10. Jurisdiction of Coast Guard force
1. An on-duty Coast Guard
officer has the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 5% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Confiscate any exhibit
or instrumentality used for commission of administrative violation if its value
is not 02 times as high as the fine specified in point b of this clause.
2. Coastguard Team Leader
has the jurisdiction to:
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b) Impose a fine equaling
up to 10% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Confiscate any exhibit
or instrumentality used for commission of administrative violation if its value
is not 02 times as high as the fine specified in point b of this clause.
3. Coastguard squad
leader or captain of coastguard station has the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 20% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Confiscate any exhibit
or instrumentality used for commission of administrative violation if its value
is not 02 times as high as the fine specified in point b of this clause;
d) Impose remedial
measures specified in points a, c, dd and e clause 1 Article 28 of the Law on
Handling of Administrative Violations.
4. Commander of
Coastguard Platoon has the jurisdiction to:
a) Issue warnings;
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c) Confiscate any exhibit
or instrumentality used for commission of administrative violation if its value
is not 02 times as high as the fine specified in point b of this clause;
d) Impose remedial
measures specified in points a, c, d, dd, e, i and k clause 1 Article 28 of the
Law on Handling of Administrative Violations.
5. Captain of Naval
Coastguard Squadron; Head of Reconnaissance Commission; Head of Task Force
Commission for Drug Crime Prevention and Control under the control of the
Command of Coast Guard of Vietnam has the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 50% of a maximum fine for a violation arising in the equivalent sector prescribed
in Article 24 of the Law on Handling Administrative Violations;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
dd) Impose remedial
measures specified in points a, c, d, dd, e, i and k clause 1 Article 28 of the
Law on Handling of Administrative Violations.
6. Regional Command of
Coast Guard or Director of the Department of Operations and Legislation under
the control of the Command of Coast Guard of Vietnam has the jurisdiction to:
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b) Impose a fine equaling
up to 80% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Suspend license or
practicing certificate for a fixed period;
d) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
dd) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of Administrative
Violations.
7. Commander of Vietnam
Coast Guard has the jurisdiction to:
a) Issue warnings;
b) Impose the maximum
fine in the equivalent sector prescribed in Article 24 of the Law on Handling
Administrative Violations;
c) Suspend license or practicing
certificate or operation for a fixed period;
d) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
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Article
11. Jurisdiction of Customs authorities
Customs authorities'
jurisdiction to impose penalties for false declarations resulting in any lack
of payable tax amounts or any increase in exemption, reduction, refund or
non-collection amounts; acts of tax evasion; commercial banks' failure to
fulfill their responsibilities to transfer money to pay taxpayers' tax debts
from taxpayers' accounts to state budget accounts at the request of tax
administration agencies, shall comply with the 2019 Law on Tax Administration
amended by the 2024 Law (hereinafter referred to as " Law on Tax
Administration”). Customs authorities’ jurisdiction to impose penalties for
other administrative violations are regulated as follows:
1. An on-duty customs
official has the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 5% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Confiscate any exhibit
or instrumentality used for commission of administrative violation if its value
is not 02 times as high as the fine specified in point b of this clause.
2. Head of
border/out-of-border checkpoint customs offices; Head of the Customs Procedure
inspection and Post-customs clearance inspection team, Head of Customs
Clearance Team, Head of Customs Control Team under the Regional Customs
Sub-Department; Head of the Anti-Smuggling Control Team under the
Anti-Smuggling Investigation Sub-Department; the Head of the Regional
Post-Clearance Inspection Team under the Post-Clearance Inspection
Sub-Department has the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 30% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
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d) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
3. Director of Regional
Customs Sub-Department, Director of the Anti-Smuggling Investigation
Sub-Department, or Director of the Post-Clearance Inspection Sub-Department has
the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 50% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
d) Suspend license or
practicing certificate or operation for a fixed period;
dd) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
4. Director of Customs
Department has the jurisdiction to:
a) Issue warnings;
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c) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
d) Suspend license or
practicing certificate or operation for a fixed period;
dd) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
Article
12. Jurisdiction of market surveillance force
1. An on-duty market
controller has the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 10% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Confiscate any exhibit
or instrumentality used for commission of administrative violation if its value
is not 02 times as high as the fine specified in point b of this clause.
2. Leader of Market Surveillance
Team affiliated to Market Surveillance Sub-Department under the control of the
Department of Industry and Trade has the jurisdiction to:
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b) Impose a fine equaling
up to 30% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Confiscate any exhibit
or instrumentality used for commission of administrative violation if its value
is not 02 times as high as the fine specified in point b of this clause;
d) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
3. Director of Market
Surveillance Sub-Department, Head of Professional Division under the control of
the Agency for Domestic Market Surveillance and Development has the
jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 50% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
d) Suspend license or
practicing certificate or operation for a fixed period;
dd) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
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a) Issue warnings;
b) Impose the maximum
fine in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative
Violations;
c) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
d) Suspend license or
practicing certificate or operation for a fixed period;
dd) Impose the remedial measures
specified in clause 1 Article 28 of the Law on Handling of Administrative
Violations.
Article
13. Jurisdiction of tax authorities
Tax authorities'
jurisdiction to impose penalties for false declarations resulting in any lack
of payable tax amounts or any increase in exemption, reduction, refund or
non-collection amounts; acts of tax evasion; commercial banks' failure to
fulfill their responsibilities to transfer money to pay taxpayers' tax debts
from taxpayers' accounts to state budget accounts at the request of tax
administration agencies, shall comply with the Law on Tax Administration. Tax
authorities’ jurisdiction to impose penalties for other administrative
violations are regulated as follows:
1. An on-duty tax
official has the jurisdiction to:
a) Issue warnings;
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c) Confiscate any exhibit
or instrumentality used for commission of administrative violation if its value
is not 02 times as high as the fine specified in point b of this clause.
2. Head of tax authority
at grassroots level has the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 50% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Confiscate any exhibit
or instrumentality used for commission of administrative violation if its value
is not 02 times as high as the fine specified in point b of this clause;
d) Impose remedial
measures specified in points a, e, i and k clause 1 Article 28 of the Law on
Handling of Administrative Violations.
3. Director of
Taxation Sub-department; Head of the provincial tax authority has the
jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 80% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
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d) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
4. Director of
Taxation Department has the jurisdiction to:
a) Issue warnings;
b) Impose the maximum
fine in the tax sector prescribed in Article 24 of the Law on Handling
Administrative Violations;
c) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
d) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
Article
14. Jurisdiction of forest protection force
1. An on-duty forest
protection officer has the jurisdiction to:
a) Issue warnings;
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c) Confiscate any exhibit
or instrumentality used for commission of administrative violation if its value
is not 02 times as high as the fine specified in point b of this clause.
2. Head of forest
protection station has the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 20% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Confiscate any exhibit
or instrumentality used for commission of administrative violation if its value
is not 02 times as high as the fine specified in point b of this clause;
d) Impose remedial
measures specified in points a, c, dd, e, h, i and k clause 1 Article 28 of the
Law on Handling of Administrative Violations.
3. Head of forest
protection office; Head of mobile ranger and forest fire prevention and
fighting team has the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 30% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
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d) Impose remedial
measures specified in points a, c, dd, e, h, i and k clause 1 Article 28 of the
Law on Handling of Administrative Violations.
4. Director of Regional
Forest Protection Sub-department, Leader of Task Force Team for Forest
Protection affiliated to the Forestry and Forest Protection Department;
Director of Forestry and Forest Protection Sub-department affiliated to
Department of Agriculture and Environment has the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 50% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
d) Suspend license or
practicing certificate or operation for a fixed period;
dd) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
5. Director of Forestry
and Forest Protection Department has the jurisdiction to:
a) Issue warnings;
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c) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
d) Suspend license or
practicing certificate or operation for a fixed period;
dd) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
Article
15. Jurisdiction of fisheries surveillance force
1. An on-duty fisheries
resources surveillance officer has the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 5% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Confiscate any exhibit
or instrumentality used for commission of administrative violation if its value
is not 02 times as high as the fine specified in point b of this clause.
2. Head of fisheries
surveillance station affiliated to Regional Fisheries Surveillance
Sub-department has the jurisdiction to:
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b) Impose a fine equaling
up to 20% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Confiscate any exhibit
or instrumentality used for commission of administrative violation if its value
is not 02 times as high as the fine specified in point b of this clause;
d) Impose remedial
measures specified in points a, b, dd, e, h, i and k clause 1 Article 28 of the
Law on Handling of Administrative Violations.
3. Director of Regional
Fisheries Surveillance Sub-department affiliated to Vietnam Directorate of
Fisheries; Director of Fisheries Sub-Department affiliated to Department of
Agriculture and Environment has the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 50% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
dd) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
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a) Issue warnings;
b) Impose the maximum
fine in the equivalent sector prescribed in Article 24 of the Law on Handling
Administrative Violations;
c) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
d) Suspend license or
practicing certificate or operation for a fixed period;
dd) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
Article
16. Jurisdiction of civil judgment-enforcing agencies
1. Head of civil judgment-enforcing
agency; Head of military-zone judgment-enforcing division has the jurisdiction
to:
a) Issue warnings;
b) Impose a fine equaling
up to 50% of a maximum fine for a violation arising in the equivalent sector prescribed
in Article 24 of the Law on Handling Administrative Violations;
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d) Suspend license or
practicing certificate or operation for a fixed period;
dd) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
2. Director of General
Bureau of Civil Judgment Execution affiliated to the Ministry of Justice,
Director of Judgment-Enforcing Agency affiliated to the Ministry of National
Defence has the jurisdiction to:
a) Issue warnings;
b) Impose the maximum
fine in the civil judgment enforcement sector prescribed in Article 24
of the Law on Handling Administrative Violations;
c) Confiscate any exhibit
or instrumentality used for commission of administrative violation;
d) Suspend license or
practicing certificate or operation for a fixed period;
dd) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
Article
17. Jurisdiction of Maritime Administrations, Airport Authorities, Inland
Waterway Port Authorities
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a) Issue warnings;
b) Impose a fine equaling
up to 25% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Suspend license or
practicing certificate or operation for a fixed period;
d) Confiscate any exhibit
or instrumentality used for commission of administrative violation if its value
is not 02 times as high as the fine specified in point b of this clause;
dd) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
2. Director of Maritime
Administration, Director of Airport Authority, Director of Inland Waterway Port
Authority has the jurisdiction to:
a) Issue warnings;
b) Impose a fine equaling
up to 50% of a maximum fine for a violation arising in the equivalent sector
prescribed in Article 24 of the Law on Handling Administrative Violations;
c) Suspend license or
practicing certificate or operation for a fixed period;
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dd) Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
Article
18. Jurisdiction of overseas diplomatic missions, consular missions and other
missions authorized to perform consulate functions of the Socialist Republic of
Vietnam
Head of overseas
diplomatic mission, consular mission or another mission authorized to perform
consulate functions of the Socialist Republic of Vietnam has the jurisdiction
to:
1. Issue warnings.
2. Impose the maximum
fine in the equivalent sector prescribed in Article 24 of the Law on Handling
Administrative Violations.
3. Confiscate any exhibit
or instrumentality used for commission of administrative violation.
4. Impose the remedial
measures specified in clause 1 Article 28 of the Law on Handling of
Administrative Violations.
Chapter
III
IMPLEMENTATION
CLAUSES
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Ministers, Heads of
ministerial authorities, Heads of Governmental authorities, Chairpersons of
People's Committees of provinces and cities, Head of the Government Cipher
Committee and relevant organizations and individuals shall be responsible for
implementing this Decree./.
Article
20. Effect
This Decree takes effect
from July 01, 2025.
Article
21. Transitional clauses
During the period over
which the Government has not yet issued Decrees on amendments, replacement or
annulment of regulations on jurisdiction to impose penalties for administrative
violations in Decrees on imposition of penalties for administrative violations
in state management sectors, title holders’ jurisdiction to impose penalties
for administrative violations shall be determined as follows:
1. If there is no any
change in title name, duties and powers of a title holder that has jurisdiction
to impose a penalty for any administrative violation specified in the Decree on
imposition of penalties for administrative violations in state management
sectors or the title holder has their title name changed but their duties and
powers remain unchanged, the title holder’s title name and jurisdiction to
impose the penalty for any administrative violation shall be the same as those
specified by this Decree until they are replaced by other regulations of the
Government.
2. If duties and powers
of a title holder that has jurisdiction to impose a penalty for any
administrative violation specified in the Decree on imposition of penalties for
administrative violations in state management sectors are changed, the title
holder that receives such duties and powers has the jurisdiction to impose the
penalty. Title name and jurisdiction to impose the penalty for any
administrative violation shall be the same as those specified by this Decree
until they are replaced by other regulations of the Government.
3. In case a title
holder’s jurisdiction to impose the penalty for any administrative violation has
not yet been prescribed in the Decree on imposition of penalties for
administrative violations in state management sectors but has yet been
prescribed in this Decree, the jurisdiction to impose the penalty for any
administrative violation under their management shall be exercised in
accordance with regulations of this Decree until they are replaced by other
regulations of the Government
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ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Le Thanh Long