Decree 76/2026/ND-CP amend Decree 125/2021/ND-CP sanctioning administrative violations on gender equality

DECREE

Amending and supplementing a number of articles of the Government's Decree No. 125/2021/ND-CP dated December 28, 2021, on sanctioning of administrative violations against regulations on gender equality

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law No. 72/2025/QH15 on Organization of Local Administration;

Pursuant to the Law No. 15/2012/QH13 on Handling of Administrative Violations; Law No. 67/2020/QH14 on Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations; Law No. 88/2025/QH15 on Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations;

Pursuant to the Law No. 73/2006/QH11 on Gender Equality;

Pursuant to the Law No. 84/2015/QH13 on Occupational Safety and Health;

Pursuant to the Labor Code No. 45/2019/QH14;

Pursuant to the Decree No. 189/2025/ND-CP dated July 1, 2025 of the Government, detailing the Law on Handling of Administrative Violations regarding the competence to sanction administrative violations;

At the proposal of the Minister of Home Affairs;

The Government promulgates the Decree amending and supplementing a number of articles of the Government's Decree No. 125/2021/ND-CP, on sanctioning of administrative violations against regulations on gender equality.

Article 1. To add Article 5a after Article 5 as follows:

“Article 5a. Handling of administrative violations in the electronic environment

The handling of administrative violations under this Decree in the electronic environment shall be applied in accordance with Article 28a and Article 28b of Decree No. 118/2021/ND-CP of the Government detailing a number of articles and measures for implementation of the Law on Handling of Administrative Violations, as amended and supplemented by Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.”.

Article 2. To amend and supplement Clause 1 Article 6 as follows:

“1. A fine of between VND 3,000,000 and VND 4,000,000 shall be imposed for any of the following violations:

a) Offending the honor and dignity of candidates self-nominated or nominated to stand for the election of deputies to the National Assembly or People’s Councils, or leading bodies of political organizations, socio-political organizations, socio-politico-professional organizations, social organizations or socio-professional organizations on the grounds of gender prejudice;

b) Offending the honor and dignity of a person in order to obstruct the appointment of such person to the managerial, leading or professional posts on the grounds of gender prejudice;

c) Intentionally disseminating untruthful information in order to obstruct candidates self-nominated or nominated to stand for the election of deputies to the National Assembly or People’s Councils or to leading bodies of political organizations, socio-political organizations, socio-politico-professional organizations, social organizations or socio-professional organizations on the grounds of gender prejudice;

d) Intentionally disseminating untruthful information to obstruct the appointment of a person to the managerial, leading or professional posts on the grounds of gender prejudice.”

Article 3. To amend and supplement Clause 1 and Clause 2 Article 7 as follows:

“1. A fine of between VND 3,000,000 and VND 4,000,000 shall be imposed for any of the following violations:

a) Offending the honor and dignity of a person who sets up enterprises or carries out production and business activities on the grounds of gender prejudice;

b) Threatening to use force or mentally intimidating in order to prevent a person from setting up enterprises or carrying out production and business activities on the grounds of gender prejudice;

c) Instigating others to delay the provision of, or delaying, or failing to provide fully and on time in accordance with regulations, information, documents, and application forms as defined for a person who sets up enterprises or carries out production and business activities on the grounds of gender prejudice.

2. A fine of between VND 4,000,000 and VND 5,000,000 shall be imposed for any of the following violations:

a) Using force in order to prevent a person from setting up enterprises or carrying out production and business activities on the grounds of gender prejudice;

b) Modifying or falsifying dossiers in order to prevent a person from setting up enterprises or carrying out production and business activities on the grounds of gender prejudice;

c) Forcing others to modify or falsify dossiers in order to prevent a person from setting up enterprises or carrying out production and business activities on the grounds of gender prejudice.”.

Article 4. To amend and supplement Article 11 as follows:

“Article 11. Administrative violations against regulations on gender equality in culture, physical education and sports

1. A fine of between VND 3,000,000 and VND 4,000,000 shall be imposed for any of the following violations:

a) Offending the honor and dignity to prevent a person from composing or criticizing literary and art works, performing or participating in other cultural activities and physical training or sports activities on the grounds of gender prejudice;

b) Threatening to use force or mentally intimidating to prevent a person from composing or criticizing literary and art works, performing or participating in other cultural activities and physical training or sports activities on the grounds of gender prejudice.

2. A fine of between VND 4,000,000 and VND 7,000,000 shall be imposed for any of the following violations:

a) Using force in order to prevent a person from composing or criticizing literary and art works, performing or participating in other cultural activities and physical training or sports activities on the grounds of gender prejudice;

b) Not allowing a person to compose or criticize literary and art works, perform or participate in other cultural activities and physical training or sports activities on the grounds of gender prejudice;

3. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for any of the following violations:

a) Composing, circulating, publishing or authorizing the publication of works and cultural products under any genre or form to encourage and propagate gender discrimination and gender prejudice;

b) Spreading thought and backward practices and customs of gender discrimination nature in any form;

4. Additional sanctions:

a) Deprivation of the right to use the operating license for a period of between 03 months and 06 months, for the acts of circulating, publishing or authorizing the publication specified at Point a, Clause 3 of this Article;

b) Confiscation of material evidences of administrative violation and means used for commission of administrative violation, for the violations specified at Point a, Clause 2 of this Article.

5. Remedial measures:

a) Forcible public apology to the victims, for the violations specified in Clause 1 of this Article (except for the cases where such victims have not requested it);

b) Forcible restoration of legal rights of the victims, for the violations specified at Points a and b, Clause 2 of this Article;

c) Forcible removal, modification, replacement or correction of works and cultural products that contain gender prejudice contents, promote or propagate gender discrimination. If such works and cultural products are not removed, modified, replaced or corrected, they must be subject to forcible destruction, for the violations specified at Point a, Clause 3 of this Article;

d) Forcible payment of all reasonable health examination and treatment costs, for the violations specified at Point b, Clause 1 and Point a, Clause 2 of this Article in the case where the administrative violation causes health and mental damage to the victims;

dd) Forcible return of illegal profits obtained from the commission of administrative violations, for the violations specified at Point a Clause 2 of this Article.

6. Acts of running advertisements that contain gender prejudice contents shall be sanctioned in accordance with the Government's Decree, on sanctioning of administrative violations in the fields of culture and advertising.

Article 5. To amend and supplement Clause 1, Clause 2 and Clause 3 Article 13 as follows:

“1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for any of the following violations:

a) Obstructing or preventing family members from conducting income-generating activities or satisfying other needs of the family for gender reasons;

b) Unequally treating family members for gender reasons.

2. A fine of between VND 10,000,000 and VND 12,000,000 shall be imposed for any of the following violations:

a) Threatening to use force or mentally intimidating to prevent family members who have all qualifications in accordance with the law provisions from participating in the disposition of assets under common ownership of the family for gender reasons;

b) Imposing the performance of family work and the taking of contraceptive measures as though these are the responsibilities of members of one certain gender.

3. A fine of between VND 12,000,000 and VND 15,000,000 shall be imposed for the act of using force to prevent family members who have all qualifications in accordance with the law provisions from participating in the disposition of assets under common ownership of the family for gender reasons.”.

Article 6. To amend and supplement Article 14 as follows:

“Article 14. Competence to make written records of administrative violations

1. Persons competent to sanction administrative violations as prescribed in Articles 15, 16, 17, 18 and 19 of this Decree may make written records of administrative violations in conformity with the sanctioning competence allocated at Article 20 of this Decree.

2. Civil servants, public employees, persons belonging to the People’s Army, the People’s Public Security forces who are performing their duties or tasks may make written records of administrative violations for acts of administrative violations on gender equality falling within their assigned functions, duties and powers.”

Article 7. To amend and supplement Article 15 as follows:

“Article 15. Competence of Chairpersons of People's Committees at all levels to sanction administrative violations

1. Chairpersons of People’s Committees of communes, wards and special zones (hereinafter referred to as commune level) shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 15,000,000;

c) Deprive of the right to use the operation license for a definite time;

d) Confiscate material evidences of administrative violation and means used for commission of administrative violation;

dd) Apply the remedial measures specified in Clause 3, Article 4 of this Decree.

2. Chairpersons of People’s Committees of provinces and cities (hereinafter referred to as provincial level) shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 30,000,000;

c) Deprive of the right to use the operation license for a definite time;

d) Confiscate material evidences of administrative violation and means used for commission of administrative violation;

dd) Apply the remedial measures specified in Clause 3, Article 4 of this Decree.”.

Article 8. To amend and supplement Article 16 as follows:

“Article 16. Competence of heads of agencies performing state management by sector and field and a number of other titles

1. Directors of Divisions in charge of population and children under provincial-level Departments of Health shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 15,000,000;

c) Deprive of the right to use the operation license for a definite time;

d) Confiscate material evidences of administrative violation and means used for commission of administrative violation;

dd) Apply the remedial measures specified in Clause 3, Article 4 of this Decree.

2. Heads of inspection teams established by Directors or Directors General of the Department of Employment, the Department of Overseas Labour, the Viet Nam Population Authority, the Medical Service Administration, the Authority of Press, the Authority of Broadcasting and Electronic Information, and the Publishing, Printing and Distribution Department; 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 assigned to conduct inspection on gender equality within the scope of state management of ministries and ministerial-level agencies; Directors of provincial-level Departments of Home Affairs; Directors of provincial-level Departments of Education and Training; Directors of provincial-level Departments of Health; Directors of provincial-level Departments of Culture, Sports and Tourism; Directors of provincial-level Departments of Culture and Sports; and Directors of provincial-level Departments of Science and Technology shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 24,000,000;

c) Deprive of the right to use the operation license for a definite time;

d) Confiscate material evidences of administrative violation and means used for commission of administrative violation;

dd) Apply 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, the Minister of Science and Technology; Directors or Directors General of the Department of Employment, the Department of Overseas Labour, the Authority of Press, the Authority of Broadcasting and Electronic Information, the Publishing, Printing and Distribution Department, the Viet Nam Population Authority and the Medical Service Administration shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 30,000,000;

c) Deprive of the right to use the operation license for a definite time;

d) Confiscate material evidences of administrative violation and means used for commission of administrative violation;

dd) Apply the remedial measures specified in Clause 3, Article 4 of this Decree.”.

Article 9. To amend and supplement Article 17 as follows:

“Article 17. Competence of administrative violation sanctioning of the People’s Public Security Force

1. Policemen who are on duty shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 3,000,000.

c) Confiscate material evidences of administrative violation valued no more than VND 6,000,000.

2. Heads of company-level mobile police units shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 6,000,000.

c) Confiscate material evidences of administrative violation of a value not exceeding VND 12,000,000.

d) Apply the remedial measures specified at Point a, Clause 3, Article 4 of this Decree.

3. Chiefs of police stations, heads of battalion-level mobile police units, heads of marine squads, station chiefs and team heads shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 9,000,000;

c) Deprive of the right to use the operation license for a definite time;

d) Confiscate material evidences of administrative violation, means used for commission of administrative violation valued no more than VND 18,000,000.

dd) Apply the remedial measures specified at Point a, Clause 3, Article 4 of this Decree.”.

4. Chiefs of commune-level police offices shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 15,000,000;

c) Deprive of the right to use the operation license for a definite time;

d) Confiscate material evidences of administrative violation and means used for commission of administrative violation;

dd) Apply the remedial measures specified in Clause 3, Article 4 of this Decree.

5. Heads of border-gate police offices of international airports; heads of professional divisions of the Department of Homeland Security, including: Head of the General Advisory Division, Head of the Catholic Security Division, Head of the Division for Security of Other Religions, Head of the Ethnic Minority Security Division, Head of the Social Security Division; heads of professional divisions of the Internal Political Security Department, including: Head of the Division for Internal Protection of Central-level Party Agencies and State Authorities, Head of the Division for Security of Judiciary, Legislative, and Central-level Socio-Political Organizations, Head of the Press and Publication Security Division, Head of the Health and Education Security Division, Head of the Culture, Sports, and Social Affairs Security Division, Head of the Posts, Telecommunications, and Information Technology Security Division; Heads of professional divisions under the Police Department for Administrative Management of Social Order, including:  heads of Divisions for Guidance and Management of Weapons, Explosive Materials, Support Tools, and Firecrackers, heads of Divisions for Guidance and Management of Sectors and Trades Subject to Conditional Business Investment Related to Security and Order and Seals; heads of the professional divisions of the Department for Cybersecurity and Hi-Tech Crime Prevention and Combat, including: Head of the Division for Prevention and Control of Crimes using Cyberspace to undermine Economic Management Order, Head of the Division for Prevention and Control of Crimes using Cyberspace to undermine Social Order, Head of the Cyberinformation Security Division, Head of the Division for Protection of National Information Network System Security, Head of the Division for Cyberinformation Surveillance and Prevention of Activities using Cyberspace to undermine National Security; Heads of Divisions under provincial-level Police Departments, including: Heads of the Homeland Security Divisions, Heads of the Internal Political Security Divisions, Heads of the Police Divisions for Administrative Management of Social Order, Head of the Police Divisions for Investigation of Social Order-related Crimes, Heads of the Divisions for Cybersecurity and Hi-Tech Crime Prevention and Combat, Heads of the Economic Security Divisions, Heads of the External Security Divisions, and Chiefs of the Offices of the provincial-level Investigation Police Agencies shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 24,000,000;

c) Deprive of the right to use the operation license for a definite time;

d) Confiscate material evidences of administrative violation and means used for commission of administrative violation;

dd) Apply the remedial measures specified in Clause 3, Article 4 of this Decree.

6. Chief of the Office of the Investigation Police Agency under the Ministry of Public Security, Director of the Department for Cybersecurity and Hi-Tech Crime Prevention and Combat, Director of the Department of Internal Political Security, Director of the Economic Security Department, Director of the Police Department for Administrative Management of Social Order, Director of the Police Department of Social Order-related Crime Investigation, Director of the Department of Homeland Security, Commander of the Mobile Police Command, Directors of provincial-level Police Departments shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 30,000,000;

c) Deprive of the right to use the operation license for a definite time;

d) Confiscate material evidences of administrative violation and means used for commission of administrative violation;

dd) Apply the remedial measures specified in Clause 3, Article 4 of this Decree.”.

Article 10. To amend and supplement Article 18 as follows:

“Article 18. Competence to sanction administrative violations of the Border guards

1. Border-guard soldiers who are on duty shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 1,500,000;

c) Confiscate material evidences of administrative violation valued no more than VND 3,000,000.

2. Station chiefs or Team commanders of those specified in Clause 1 of this Article shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 3,000,000;

c) Confiscate material evidences of administrative violation, means used for commission of administrative violation valued no more than VND 6,000,000.

d) Apply remedial measures specified at Point a, Clause 3, Article 4 of this Decree.

3. Heads of drug and crime prevention and combat task force teams under drug and crime prevention and combat task force regiments shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 4,500,000;

c) Confiscate material evidences of administrative violation, means used for commission of administrative violation valued no more than VND 9,000,000;

d) Apply the remedial measures specified at Point a, Clause 3, Article 4 of this Decree.

4. Chiefs of border-guard stations, heads of border-guard flotillas, and commanders of commanding boards of port border-gate guards at ports shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 9,000,000;

c) Confiscate material evidences of administrative violation and means used for commission of administrative violation of a value not exceeding VND 18,000,000;

dd) Apply the remedial measures specified in Clause 3, Article 4 of this Decree.

5. Heads of drug and crime prevention and combat task force regiments of Drug and Crime Prevention and Combat Department under the Border Guard High Command shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 15,000,000;

c) Deprive of the right to use the operation license for a definite time;

dd) Confiscate material evidences of administrative violation and means used for commission of administrative violation;

dd) Apply the remedial measures specified in Clause 3, Article 4 of this Decree.

6. The Commander of a Border Guard Command; chiefs of border-guard fleets and the Director of the Drug and Crime Prevention and Combat Department under the Border-Guard High Command shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 30,000,000;

c) Deprive of the right to use the operation license for a definite time;

d) Confiscate material evidences of administrative violation;

dd) Apply the remedial measures specified in Clause 3, Article 4 of this Decree.”.

Article 11. To amend and supplement Article 19 as follows:

“Article 19. Competence to sanction administrative violations of the Vietnam Coast Guard

1. Coast Guard officers on official duty shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 1,500,000;

c) Confiscate material evidences of administrative violation, means used for commission of administrative violation valued no more than VND 3,000,000.

2. Heads of Coast Guard professional teams shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 3,000,000;

c) Confiscate material evidences of administrative violation, means used for commission of administrative violation valued no more than VND 6,000,000.

3. Heads of professional operation squads of the Vietnam Coast Guard and Heads of Coast Guard stations shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 6,000,000;

c) Confiscate material evidences of administrative violation, means used for commission of administrative violation valued no more than VND 12,000,000;

d) Apply the remedial measures specified at Point a, Clause 3, Article 4 of this Decree.

4. Captains of Coast Guard flotillas shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 9,000,000;

c) Confiscate material evidences of administrative violation, means used for commission of administrative violation valued no more than VND 18,000,000;

d) Apply the remedial measures specified at Points a, c and dd, Clause 3, Article 4 of this Decree.

5. Chiefs of coast guard fleets; heads of reconnaissance teams, and heads of drug-related crime prevention and combat task force regiments of the High Command of the Vietnam Coast Guard shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 15,000,000;

c) Deprive of the right to use the operation license for a definite time;

d) Confiscate material evidences of administrative violation and means used for commission of administrative violation;

dd) Apply the remedial measures specified at Point a, c, d and i, Clause 3, Article 4 of this Decree.

6. Coast Guard regional commanders, and the Director of the Professional and Legal Department of the High Command of the Vietnam Coast Guard shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 24,000,000;

c) Deprive of the right to use the operation license for a definite time;

d) Confiscate material evidences of administrative violation and means used for commission of administrative violation;

dd) Apply the remedial measures specified in Clause 3, Article 4 of this Decree.

7. The Vietnam Coast Guard Commander shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 30,000,000;

c) Deprive of the right to use the operation license for a definite time;

d) Confiscate material evidences of administrative violation and means used for commission of administrative violation;

dd) Apply the remedial measures specified in Clause 3, Article 4 of this Decree.”.

Article 12. To amend and supplement Article 20 as follows:

“Article 20. Determination of competence to sanction administrative violations

1. Chairpersons of People’s Committees at all levels shall be competent to sanction administrative violations and apply remedial measures (if any) for the acts of administrative violation prescribed in Chapter II of this Decree in accordance with their competence and within localities under their management.

2. Directors of provincial-level Departments of Home Affairs, Director General of the Department of Employment, Director of the Department of Overseas Labour, heads of inspection teams established by the Minister of Home Affairs, heads of inspection teams established by units under the Ministry of Home Affairs shall be competent to sanction the acts of administrative violation prescribed at Articles 6, 7 and 8 of this Decree in accordance with their competence and within the scope of their assigned tasks and powers.

3. Directors of provincial-level Departments of Education and Training, heads of inspection teams established by the Minister of Education and Training, heads of inspection teams established by units performing gender equality state management under the Ministry of Education and Training shall be competent to sanction the acts of administrative violation prescribed at Article 9 of this Decree in accordance with their competence and within the scope of their assigned tasks and powers.

4. Directors of provincial-level Departments of Science and Technology, heads of inspection teams established by the Minister of Science and Technology, heads of inspection teams established by units performing gender equality state management under the Ministry of Science and Technology shall be competent to sanction the acts of administrative violation prescribed at Article 10 of this Decree in accordance with their competence and within the scope of their assigned tasks and powers.

5. Directors of provincial-level Departments of Culture, Sports and Tourism; Directors of provincial-level Departments of Culture and Sports; Directors or Directors General of the Authority of Press, the Authority of Broadcasting and Electronic Information, and the Publishing, Printing and Distribution Department; heads of inspection teams established by the Minister of Culture, Sports and Tourism; heads of inspection teams established by units under the Ministry of Culture, Sports and Tourism performing gender equality state management shall be competent to sanction the acts of administrative violation prescribed at Article 11 and Article 13 of this Decree in accordance with their competence and within the scope of their assigned tasks and powers.

6. Directors of provincial-level Departments of Health, Director of the Medical Service Administration and Director of the Viet Nam Population Authority, heads of inspection teams established by the Minister of Health, heads of inspection teams established by units performing gender equality state management under the Ministry of Health, Directors of Divisions in charge of population and children under provincial-level Departments of Health shall be competent to sanction the acts of administrative violation prescribed at Article 12 of this Decree in accordance with their competence and within the scope of their assigned tasks and powers.

7. The People’s Public Security Force shall be competent to sanction administrative violations and apply remedial measures (if any) for acts of administrative violation prescribed at Articles 6, 7, 9, 10, 11, 12 and 13 of this Decree in accordance with their competence and within the scope of their assigned tasks and powers.

8. The Border Guard shall be competent to sanction administrative violations and apply remedial measures (if any) for acts of administrative violations specified in Articles 6, 7, 8, 9, 11, 12 and 13 of this Decree in accordance with their competence and within the scope of their assigned tasks and powers.

9. The Vietnam Coast Guard shall be competent to sanction administrative violations and apply remedial measures (if any) for acts of administrative violations specified in Clauses 1, 2 and 3 Article 9, Point b Clause 1 Article 13 of this Decree in accordance with their competence and within the scope of their assigned tasks and powers.”.

Article 13. Transitional provision

“Article 22. Transitional provision

1. For acts of administrative violation in gender equality that occurred and were completed before the effective date of this Decree but then are detected or being considered and settled, the Decree in force at the time the acts of violation were committed shall prevail for handling.

2. For acts of administrative violation in gender equality that occurred before the effective date of this Decree but are still ongoing after this Decree has taken effect, this Decree shall prevail for handling.”.

Article 14. Effect

This Decree takes effect on May 01, 2026.

15. Responsibility of implementation

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces, centrally-run cities shall implement this Decree./.