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GOVERNMENT OF
VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 76/2026/ND-CP
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Hanoi, March 16, 2026
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DECREE
Amendments
to certain Articles of the Government’s Decree No. 125/2021/ND-CP dated
December 28, 2021 on administrative penalties for violations against
regulations on gender equality
Pursuant to Law on
Government Organization No. 63/2025/QH15;
Pursuant to Law on
Organization of Local Government No. 72/2025/QH15;;
Pursuant to Law on
Handling of Administrative Violations No. 15/2012/QH13; Law on amendments to
certain Articles of Law on Handling of Administrative Violations No.
67/2020/QH14; Law on amendments to certain articles of Law on Handling of
Administrative Violations No. 88/2025/QH15;
Pursuant to Law on
Gender Equality No. 73/2006/QH11;
Pursuant to the
Law on Occupational safety and Hygiene No. 84/2015/QH13;
Pursuant to Labor Code
No. 45/2019/QH14;
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At the request of the
Minister of Home Affairs;
The Government hereby
promulgates a Decree on amendments to certain Articles of the Government’s
Decree No. 125/2021/ND-CP dated December 28, 2021 on administrative penalties
for violations against regulations on gender equality.
Article
1. Addition of Article 5a after Article 5
“Article 5a. Imposition
of administrative penalties by electronic means
The imposition of
administrative penalties as prescribed in this Decree by electronic means shall
comply with the provisions of Article 28a and Article 28b of Decree No.
118/2021/ND-CP of the Government elaborating certain articles and providing
measures for implementation of the Law on Handling of Administrative Violations
amended by Decree No. 68/2025/ND-CP and Decree No.190/2025/ND-CP.”.
Article
2. Amendments to clause 1 of Article 6
“1. A fine ranging from
VND 3.000.000 to VND 4.000.000 shall be imposed on any person
committing any of the following acts:
a) Insulting the honor or
dignity of a person who stands as a candidate or is nominated as a candidate
for election to the National Assembly or the People's Council, or for
appointment, election or selection to a leadership position in a political
organization, socio-political organization, socio-political-professional
organization, social organization, or social-professional organization, on the
grounds of gender prejudice;
b) Insulting the honor or
dignity of a person for the purpose of obstructing his or her appointment to a
managerial or leadership position, or to a professional position, on the
grounds of gender prejudice;
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d) Intentionally
disseminating false information to obstruct a person's appointment to a
managerial or leadership position, or to a professional position, on the
grounds of gender prejudice.
Article
3. Amendments to Clauses 1 and 2 of Article 7
“1. A fine ranging from
VND 3.000.000 to VND 4.000.000 shall be imposed on any person
committing any of the following acts:
a) Insulting the honor or
dignity of a person establishing an enterprise or conducting production or
business activities on the grounds of gender prejudice;
b) Threatening to use
force or intimidating a person with the aim of obstructing him or her from
establishing an enterprise or conducting production or business activities on
the grounds of gender prejudice;
c) Inciting another person
to delay the provision of, or to delay or fail to provide fully and within the
prescribed time limit, information, documents or application forms required by
law to a person establishing an enterprise or conducting production or business
activities on the grounds of gender prejudice.
2. A fine ranging from VND 4.000.000 to VND 5.000.000 shall be
imposed on any person committing any of the following acts:
a) Use force with the aim
of obstructing a person from establishing an enterprise or conducting
production or business activities on the grounds of gender prejudice;
b) Altering or falsifying
records with the aim of obstructing a person from establishing an enterprise or
conducting production or business activities on the grounds of gender prejudice;
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Article
4. Amendments to Article 11
“Article 11.
Administrative violations against regulations on gender equality relating to
culture, physical exercise and sports
1. A fine ranging from VND 3.000.000 to VND 4.000.000 shall be
imposed on any person committing any of the following acts:
a) Insulting the honor or
dignity of a person with the aim of obstructing him or her from creating or
critiquing literary or artistic works, performing, or participating in other
cultural activities or physical exercise and sports activities on the grounds
of gender prejudice;
b) Threatening to use
force or intimidating a person with the aim of obstructing him or her from
creating or critiquing literary or artistic works, performing, or participating
in other cultural activities or physical exercise and sports activities on the
grounds of gender prejudice.
2. A fine ranging from VND 4.000.000 to VND 7.000.000 shall be
imposed on any person committing any of the following acts:
a) Use force to obstruct a
person from creating or critiquing literary or artistic works, performing, or
participating in other cultural activities or physical exercise and sports
activities on the grounds of gender prejudice;
b) Preventing another
person from creating or critiquing literary or artistic works, performing, or
participating in other cultural activities or physical exercise and sports
activities on the grounds of gender prejudice;
3. A fine ranging from VND 10.000.000 to VND 15.000.000 shall
be imposed on any person committing any of the following acts:
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b) Disseminating
discriminatory ideas, obsolete customs or practices that discriminate on the
basis of gender in any form.
4. Additional penalties:
a) Suspension of the operation
license for a period of from 03 months to 06 months for the act of circulating,
publishing or permitting the publication of works or cultural products
specified in Point a Clause 3 of this Article;
b) Confiscation of
exhibits and vehicles used for commission of administrative violations, for the
acts specified in point a Clause 2 of this Article.
5. Remedial measures:
a) Compulsory public
apology to the infringed person for the act specified in Clause 1 of this
Article (unless the infringed person has submitted a written request waiving
such apology);
b) Compulsory restoration
of the lawful rights and interests of the infringed person for the acts
specified in Points a and b Clause 2 of this Article;
c) Compulsory removal,
revision, replacement or correction of works and cultural products containing
gender prejudice or promoting or disseminating gender discrimination; where
such works or cultural products are not removed, revised, replaced or
corrected, compulsory destruction thereof for the act specified in Point a
Clause 3 of this Article;
d) Compulsory payment of
all reasonable medical expenses for the acts prescribed in Point b Clause 1 and
Point a Clause 2 of this Article where damage to the health or mental
well-being of the infringed person is caused;
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6. Acts of advertising containing gender prejudice shall be
penalized in accordance with the Government's Decree on administrative
penalties for violations of regulations on culture and advertising.
Article
5. Amendments to Clauses 1, 2 and 3 of Article 13
“1. A fine ranging from
VND 5.000.000 to VND 10.000.000 shall be imposed on any person
committing any of the following acts:
a) Obstructing or
preventing a member of a family from engaging in income-generating activities
or meeting other needs of the family on the grounds of gender;
b) Treating unfairly to
family members on the grounds of gender.
2. A fine ranging from VND 10.000.000 to VND 12.000.000 shall
be imposed on any person committing any of the following acts:
a) Threatening to use
force or intimidating a family member who is legally eligible to participate in
deciding the disposition of property under the common ownership of the
household, with the aim of preventing him or her from exercising such right, on
the grounds of gender;
b) Imposing household
work, the use of contraceptive methods or sterilization as the responsibility
of family members of a particular gender.
3. A fine ranging from VND 12.000.000 to VND 15.000.000 dong
shall be imposed on any person using force to obstruct a family member who is
eligible to participate in deciding the disposition of property under common
ownership of the household on the grounds of gender.”..
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“Article 14. Powers to
issue offence notices
1. Persons having the
power to impose administrative penalties as prescribed in Articles 15, 16, 17,
18 and 19 of this Decree shall have the power to prepare offence notices in
accordance with the powers assigned under Article 20 of this Decree.
2. Civil servants, public
employees and members of the People's Army or the People's Public Security
forces performing official duties or assigned tasks shall have the power to
prepare offence notices in relation to acts of administrative violation against
regulations on gender equality falling within their assigned functions, duties
and powers."
Article
7. Amendments to Article 15:
“Article 15. Power to
impose administrative penalties by Chairpersons of the People's Committees at
all levels
1. The Chairperson of the
People's Committee of a commune, ward or special zone (hereinafter referred to
as “a commune”) shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 15.000.000;
c) Deprive the right to
use the operation license for a definite term;
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dd) Enforce the remedial measures
specified in clause 3 Article 4 of this Decree.
2. The Chairperson of the People’s Committee of a province or
city (hereinafter referred to as “a province”) shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 30.000.000;
c) Deprive the right to
use the operation license for a definite term;
d) Confiscate exhibits
and/or vehicles used for commission of administrative violations;
dd) Enforce the remedial
measures specified in clause 3 Article 4 of this Decree.”.
Article
8. Amendments to Article 16:
“Article 16. Power of
Heads of agencies performing state management by sector or field and other
title holders
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a) Issue warnings;
b) Impose a fine of up to
VND 15.000.000;
c) Deprive the right to
use the operation license for a definite term;
d) Confiscate exhibits
and/or vehicles used for commission of administrative violations;
dd) Enforce the remedial
measures specified in clause 3 Article 4 of this Decree.
2. Heads of inspection teams established by the Director
General of the Employment Department, the Director General of the Department of
Overseas Labor Management, the Director General of the Population Department,
the Director General of the Medical Services Administration, the Director
General of the Press Department, the Director General of the Authority of
Broadcasting and Electronic Information, and the Director General of the
Publishing, Printing and Distribution Authority; Heads of inspection teams
established by units under the Ministry of Home Affairs, the Ministry of
Education and Training, the Ministry of Science and Technology, the Ministry of
Health, and the Ministry of Culture, Sports and Tourism that are assigned
responsibility for conducting inspections on gender equality within the scope
of the state management of the respective ministry or ministerial agency;
Directors of Departments of Home Affairs, Departments of Education and
Training, Departments of Health, Departments of Culture, Sports and Tourism,
Departments of Culture and Sports, and Departments of Science and Technology
shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 24.000.000;
c) Deprive the right to use
the operation license for a definite term;
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dd) Enforce the remedial
measures specified in clause 3 Article 4 of this Decree.
3. Heads of inspection teams established by the Minister of
Home Affairs, the Minister of Health, the Minister of Education and Training,
the Minister of Culture, Sports and Tourism, or the Minister of Science and
Technology; the Director General of the Employment Department; the Director
General of the Department of Overseas Labor Management; the Director General of
the Press Department; the Director General of the Authority of Broadcasting and
Electronic Information; the Director General of the Publishing, Printing and
Distribution Authority; the Director General of the Population Department; and
the Director General of the Medical Services Administration shall have the
power to:
a) Issue warnings;
b) Impose a fine of up to
VND 30.000.000;
c) Deprive the right to
use the operation license for a definite term;
d) Confiscate exhibits
and/or vehicles used for commission of administrative violations;
dd) Enforce the remedial
measures specified in clause 3 Article 4 of this Decree.”.
Article
9. Amendments to Article 17:
“Article 17. Powers of
the People’s Public Security to impose administrative penalties
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a) Issue warnings;
b) Impose a fine of up to
VND 3.000.000;
c) Confiscate exhibits of administrative
violation with a value not exceeding VND 6.000.000.
2. Commanders of company-level Mobile Police units shall have
the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 6.000.000;
c) Confiscate exhibits of
administrative violation with a value not exceeding VND 12.000.000.
d) Adopt remedial measures
specified in Point a Clause 3 Article 4 of this Decree.
3. Chiefs of police stations, Commanders battalion-level Mobile
Police units, Flotilla Commanders, Station Chiefs and Team Leaders shall have
the power to:
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b) Impose a fine of up to
VND 9.000.000;
c) Deprive the right to
use the operation license for a definite term;
d) Confiscate exhibits and
vehicles used for commission of administrative violations whose value does not
exceed VND 18.000.000.
dd) Adopt remedial
measures specified in Point a Clause 3 Article 4 of this Decree.”.
4. Heads of the commune-level police shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 15.000.000;
c) Deprive the right to
use the operation license for a definite term;
d) Confiscate exhibits
and/or means used for commission of administrative violations;
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5. The Head of the International Airport Border Checkpoint
Police; heads of operational divisions under the Internal Security Agency,
including: the Head of the General Staff Division; the Head of the Catholic
Security Division; the Head of the Other Religions Security Division; the Head
of the Ethnic Security Division; and the Head of the Social Security Division;
heads of operational divisions under the Political Internal Security Agency,
including: the Head of the Internal Protection Division for Central Party and
State Agencies; the Head of the Security Division for Judicial Agencies,
Law-making Bodies and Central Socio-political Organizations; the Head of the
Press and Publishing Security Division; the Head of the Health and Education
Security Division; the Head of the Culture, Sports and Social Affairs Security
Division; and the Head of the Postal, Telecommunications and Information
Technology Security Division; heads of operational divisions under the
Administrative Management Police Agency for Social Order, including: the Head
of the Division for Guidance and Management of Weapons, Explosives, Support
Tools and Fireworks; and the Head of the Division for Guidance and Management
of Conditional Security and Order Business Lines and Seals; heads of
operational divisions under the Cyber Security and High-tech Crime Prevention
Agency, including: the Head of the Division for Combating Cyber-enabled Crimes
against Economic Management Order; the Head of the Division for Combating
Cyber-enabled Crimes against Social Order; the Head of the Cyber Information
Security Division; the Head of the National Information Network Security
Protection Division; and the Head of the Cyber Information Monitoring and
Prevention of Activities Using Cyberspace to Infringe National Security
Division; heads of provincial Public Security divisions, including: the Head of
the Internal Security Division; the Head of the Political Internal Security
Division; the Head of the Administrative Management Police Division for Social
Order; the Head of the Criminal Investigation Police Division for Social Order
Crimes; the Head of the Cyber Security and High-tech Crime Prevention Division;
the Head of the Economic Security Division; the Head of the External Security
Division; and the Chief of the Investigation Police Agency Office of the
provincial Public Security shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 24.000.000;
c) Deprive the right to
use the operation license for a definite term;
d) Confiscate exhibits
and/or vehicles used for commission of administrative violations;
dd) Enforce the remedial
measures specified in clause 3 Article 4 of this Decree.
6. The Chief of the Office of the Investigation Police Agency
under the Ministry of Public Security; the Director General of the Bureau of
Cybersecurity and High-Tech Crime Prevention and Control; the Director General
of the Bureau of Internal Political Security; the Director General of the
Economic Security Department; the Director General of the Police Bureau for
Administrative Management of Social Order; the Director General of the Criminal
Investigation Police Department for Social Order Crimes; the Director General
of the Internal Security Department; the Commander of the Mobile Police
Command; and Directors of provincial Public Security Departments shall have the
power to:
a) Issue warnings;
b) Impose a fine of up to
VND 30.000.000;
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d) Confiscate exhibits
and/or vehicles used for commission of administrative violations;
dd) Enforce the remedial
measures specified in clause 3 Article 4 of this Decree.”.
Article
10. Amendments to Article 18:
“Article 18. Powers of
Border Guard to impose administrative penalties
1. Border guard soldiers
in the performance of their duties shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 1.500.000;
c) Confiscate exhibits of
administrative violation with a value not exceeding VND 3.000.000.
2. Station Chiefs and Team leaders of the Border Guard officers
specified in Clause 1 this Article are shall have power to:
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b) Impose a fine of up to
VND 3.000.000;
c) Confiscate exhibits and
vehicles used for commission of administrative violations whose value does not
exceed VND 6.000.000.
d) Apply remedial measures
specified in Point a Clause 3 Article 4 of this Decree.
3. Team leaders of Anti-drug and crime Control Task Force Teams
affiliated to Anti-drug and crime Control Task Force shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 4.500.000;
c) Confiscate exhibits and
vehicles used for commission of administrative violations with a value not
exceeding VND 9.000.000;
d) Apply remedial measures
specified in Point a Clause 3 Article 4 of this Decree.
4. Commanders of the Border Guard Stations, Captains of the
Border Guard Squadrons, Commanders of the Commanding Officer of the Port Border
Guard shall have the power to:
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b) Impose a fine of up to
VND 9.000.000;
c) Confiscate exhibits and
vehicles used for commission of administrative violations with a value not
exceeding VND 18.000.000;
d) Impose the remedial
measures mentioned in Clause 3 Article 4 of this Decree.
5. Leaders of the Anti-Drug and Crime Control Task Forces under
the Drugs and Crime Prevention Departments of the Border Guard Commands shall
have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 15.000.000;
c) Deprive the right to
use the operation license for a definite term;
dd) Confiscate exhibits and/or
vehicles used for commission of administrative violations;
dd) Enforce the remedial
measures specified in clause 3 Article 4 of this Decree.
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a) Issue warnings;
b) Impose a fine of up to
VND 30.000.000;
c) Deprive the right to
use the operation license for a definite term;
d) Confiscate exhibits
used for commission of administrative violations;
dd) Enforce the remedial
measures specified in clause 3 Article 4 of this Decree.”.
Article
11. Amendments to Article 19:
“Article 19. Powers of
Coast Guards to impose administrative penalties
1. Coastguard officers in
the performance of their duties shall have power to:
a) Issue warnings;
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c) Confiscate exhibits and
vehicles used for commission of administrative violations whose value does not
exceed VND 3.000.000.
2. Coastguard team leaders shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 3.000.000;
c) Confiscate exhibits and
vehicles used for commission of administrative violations whose value does not
exceed VND 6.000.000.
3. Coastguard squad leaders and captains of coastguard stations
shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 6.000.000;
c) Confiscate exhibits and
vehicles used for commission of administrative violations with a value not
exceeding VND 12.000.000;
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4. Commanders of coastguard platoons are entitled to:
a) Issue warnings;
b) Impose a fine of up to
VND 9.000.000;
c) Confiscate exhibits and
vehicles used for commission of administrative violations with a value not
exceeding VND 18.000.000;
d) Apply remedial measures
specified in Points a, c and dd Clause 3 Article 4 of this Decree.
5. Commanders in chief of Coastguard Squadrons, Commanders of
Reconnaissance Brigades, Commanders of Crime and Drug Prevention and Control
Brigades affiliated to Vietnam Coast Guard shall have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 15.000.000;
c) Deprive the right to use
the operation license for a definite term;
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dd) Apply remedial
measures specified in Points a, c, d and i Clause 3 Article 4 of this Decree.”.
6. Commanders of the Regional Coast Guards, Directors of Legal
and Operational Departments under the Vietnam Coast Guard Commands shall have
the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 24.000.000;
c) Deprive the right to
use the operation license for a definite term;
d) Confiscate exhibits
and/or vehicles used for commission of administrative violations;
dd) Impose the remedial
measures specified in clause 3 Article 4 of this Decree.
7. Vietnam Coast Guard Commands shall have the power to:
a) Issue warnings;
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c) Deprive the right to
use the operation license for a definite term;
d) Confiscate exhibits
and/or vehicles used for commission of administrative violations;
dd) Impose the remedial
measures specified in clause 3 Article 4 of this Decree.”.
Article
12. Amendments to Article 20:
“Article 20. Division
of powers to impose administrative penalties
1. Chairpersons of the
People's Committees at all levels shall have the power to impose administrative
penalties and impose remedial measures (if any) for administrative violations
specified in Chapter II of this Decree within their competence and territorial
jurisdiction.
2. Directors of
Departments of Home Affairs; the Director General of the Employment Department;
the Director General of the Department of Overseas Labor Management; Heads of
inspection teams established by the Minister of Home Affairs; and Heads of
inspection teams established by units under the Ministry of Home Affairs shall
have the power to impose administrative penalties for the administrative
violations prescribed in Articles 6, 7 and 8 of this Decree, within their
competence and assigned functions, duties and powers.
3. Directors of
Departments of Education and Training; Heads of inspection teams established by
the Minister of Education and Training; and Heads of inspection teams
established by units under the Ministry of Education and Training performing
state management functions related to gender equality shall have the power to
impose administrative penalties for the administrative violations prescribed in
Article 9 of this Decree, within their competence and assigned functions,
duties and powers.
4. Directors of
Departments of Science and Technology; Heads of inspection teams established by
the Minister of Science and Technology; and Heads of inspection teams
established by units under the Ministry of Science and Technology performing
state management functions related to gender equality shall have the power to
impose administrative penalties for the administrative violations prescribed in
Article 10 of this Decree, within their competence and assigned functions,
duties and powers.
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6. Directors of
Departments of Health; the Director General of the Medical Services
Administration; the Director General of the Population Department; Heads of
inspection teams established by the Minister of Health; Heads of inspection
teams established by units under the Ministry of Health performing state
management functions related to gender equality; and Heads of Sub-departments
responsible for population and children affairs under provincial Departments of
Health shall have the power to impose administrative penalties for the
administrative violations prescribed in Article 12 of this Decree, within their
competence and assigned functions, duties and powers.
7. The People's Public
Security Force shall have the power to impose administrative penalties and
apply remedial measures (if any) for the administrative violations specified in
Articles 6, 7, 9, 10, 11, 12 and 13 of this Decree, within their competence and
assigned functions, duties and powers.
8. The Border Guard Force
shall have the power to impose administrative penalties and apply remedial
measures (if any) for the administrative violations specified in Articles 6, 7,
8, 9, 11, 12 and 13 of this Decree, within their competence and assigned
functions, duties and powers.
9. The Coast Guard Force
shall have the power to impose administrative penalties and apply remedial
measures (if any) for the administrative violations prescribed in Clauses 1, 2
and 3 of Article 9 and Point b, Clause 1 of Article 13 of this Decree, within
their competence and assigned functions, duties and powers.
Article
13. Transitional provisions
“Article 22.
Transitional provisions
1. Where an administrative
violation against regulations on gender equality occurred and was completed
before the effective date of this Decree but is only discovered thereafter or
is still under consideration for settlement, the Decree in force at the time
the violation was committed shall apply for the purpose of imposing
administrative penalties.
2. Where an administrative
violation against regulations on gender equality commenced before the effective
date of this Decree and continues after this Decree takes effect, the
provisions of this Decree shall apply.
Article
14. Effect
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15. Responsibilities for implementation
Ministers, Heads of
ministerial agencies, Heads of Governmental agencies, Chairpersons of the
People’s Committees of provinces and central-affiliated cities are responsible
for the implementation of this Decree./.
ON
BEHALF OF GOVERNMENT OF VIETNAM
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Pham Thi Thanh Tra