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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 or 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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1. An
on-duty people’s police officer 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. 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.
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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;
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;
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dd)
Impose the remedial measures specified in clause 1 Article 28 of the Law on
Handling of Administrative Violations;
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:
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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 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;
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dd)
Impose the remedial measures specified in clause 1 Article 28 of the Law on
Handling of Administrative Violations.
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;
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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, 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;
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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
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:
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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 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.
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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.
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:
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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
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.
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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 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;
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dd)
Impose the remedial measures specified in clause 1 Article 28 of the Law on
Handling of Administrative Violations.
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;
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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
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:
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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 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.
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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;
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;
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4.
Director of the Agency for Domestic Market Surveillance and Development 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)
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:
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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. 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;
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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.
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:
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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 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;
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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, 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:
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b) Impose
the maximum fine in the forestry 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 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.
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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, 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;
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4.
Director of Vietnam Directorate of Fisheries 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)
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;
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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.
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.
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1. Chief
representative of Maritime Administration, Chief representative of Airport
Authority, Chief representative of Inland Waterway Port Authority has the
jurisdiction to:
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;
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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 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
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Article 19. Implementation responsibilities
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