Decree 78/2026/ND-CP amend Decree 174/2024/ND-CP on sanctioning of administrative violations of insurance business regulations

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 174/2024/ND-CP dated December 30, 2024, on sanctioning of administrative violations of regulations on insurance business

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

Pursuant to the Law No. 15/2012/QH13 on Handling of Administrative Violations, which was amended and supplemented by Law No.  67/2020/QH14 and Law No. 88/2025/QH15;

Pursuant to the Law No. 08/2022/QH15 on Insurance Business, which was amended and supplemented by the Law No. 139/2025/QH15;

At the proposal of the Minister of Finance;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 174/2024/ND-CP dated December 30, 2024, on sanctioning of administrative violations of regulations on insurance business.

Article 1. To amend and supplement Article 41 as follows:

“Article 41. Competence to sanction administrative violations of regulations on insurance business

1. Heads of examination teams established by the Director of the Insurance Supervisory Authority shall have the right to:

a) Impose caution;

b) Impose a fine of up to VND 80,000,000;

c) Suspend operations for a definite time;

d) Apply the remedial measures defined in Clause 5 Article 3 of this Decree.

2. The Director of the Insurance Supervisory Authority, and heads of examination teams established by the Minister of Finance shall have the right to:

a) Impose caution;

b) Impose a fine of up to VND 100,000,000;

c) Suspend operations for a definite time;

d) Apply the remedial measures defined in Clause 5 Article 3 of this Decree.

3. Policemen who are on duty shall have the right to:

a) Impose caution;

b) Impose a fine of up to VND 10,000,000.

4. Heads of teams of the People’s Public Security Force shall have the right to:

a) Impose caution;

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

c) Apply the remedial measures defined in Clause 5 Article 3 of this Decree.

5. Chiefs of commune-level police offices shall have the right to:

a) Impose caution;

b) Impose a fine of up to VND 50,000,000;

c) Apply the remedial measures defined in Clause 5 Article 3 of this Decree.

6. Heads of professional divisions under the Department of Economic Security, including: Head of the Industry and Trade Security Division, Head of the Monetary Security Division, Head of the Transport and Construction Security Division, Head of the Finance and Investment Security Division, Head of the Agriculture, Forestry, and Fishery Security Division, Head of the Science, Technology, and Resources and Environment Security Division; Heads of professional divisions under the Police Department for Administrative Management of Social Order, including: Head of the Division for Guidance and Management of Weapons, Explosive Materials, Support Tools, and Firecrackers, Head of the Division for Guidance and Management of Business Lines with Security and Public Order Conditions, and Seals, Director of the National Population Data Center; Heads of professional divisions under the Fire and Rescue Police Department, including: Head of the Fire Prevention Division, Head of the Fire Safety Appraisal and Approval Division, Head of the Division for Firefighting, Rescue and Salvage, Head of the Division for Science and Technology Management and Inspection of Equipment for Fire Prevention, Firefighting, Rescue and Salvage; Heads of Divisions under provincial-level Police Departments, including: 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 Police Divisions for Investigation of Corruption, Economic, Smuggling, and Environmental Crimes, Heads of the Fire and Rescue Police Divisions, Heads of the Economic Security Divisions, and Chiefs of the Offices of the provincial-level Investigation Police Agencies shall have the right to:

a) Impose caution;

b) Impose a fine of up to VND 80,000,000;

c) Apply the remedial measures defined in Clause 5 Article 3 of this Decree.

7. The Director of the Economic Security Department, Director of the Police Department of Corruption, Smuggling and Economic Crime Investigation, 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 Fire and Rescue Police Department, Directors of provincial-level Police Departments, and Chief of the Office of the Investigation Police Agency under the Ministry of Public Security shall have the right to:

a) Impose caution;

b) Impose a fine of up to VND 100,000,000;

c) Apply the remedial measures defined in Clause 5 Article 3 of this Decree.

8. Heads of inspection teams of the regional State Bank branches shall have the right to:

a) Impose caution;

b) Impose a fine of up to VND 50,000,000;

c) Apply the remedial measures defined in Clause 5 Article 3 of this Decree.

9. The Chief Inspectors of the regional State Bank branches shall have the right to:

a) Impose caution;

b) Impose a fine of up to VND 80,000,000;

c) Apply the remedial measures defined in Clause 5 Article 3 of this Decree.

10. The Chief Inspector of the State Bank of Vietnam, heads of inspection teams established by the Chief Inspector of the State Bank of Vietnam shall have the right to:

a) Impose caution;

b) Impose a fine of up to VND 100,000,000;

c) Apply the remedial measures defined in Clause 5 Article 3 of this Decree.”.

Article 2. To amend and supplement Article 42 as follows:

“Article 42. Principles of determination and division of competence to sanction administrative violations of of regulations on insurance business

1. Heads of inspection teams, heads of examination teams has the competence to sanction administrative violations within the scope and contents of the inspection or examination within the inspection or examination period in accordance with the law regulations. In case the inspection or examination period expires in accordance with the law regulations, but a decision on sanctioning cannot be issued, the violation case must be transferred to the competent person for sanctioning.

2. In case an act of administrative violation of regulations on insurance business fall under the sanctioning competence of multiple titles having competence to sanction administrative violations, the first person to accept the case shall have the right to sanction such violation.

3. In case the sanctions, fines, additional sanctions, and remedial measures prescribed for any of the violations are beyond the sanctioning competence in accordance with this Decree, the persons competent to sanction violations who are handling the cases must immediately transfer the violation case files to the competent agencies or persons for sanctioning.

4. In case a competent person who is performing official duties under a legal normative document or an administrative document issued by a competent agency or person and is competent to make a written record of administrative violation but does not have the competence to sanction the administrative violation, such person shall transfer the written record of administrative violation to a person competent sanction administrative violations in accordance with law regulations.

5. The competence of the persons specified in Article 41 of this Decree to sanction administrative violations is the competence applicable to an administrative violation committed by an individual; in case of imposition of fines, the competence to sanction organizations is twice higher than the competence to sanction individuals.

6. The competence to sanction administrative violations shall be allocated among the titles prescribed in Article 41 of this Decree as follows:

a) The titles specified in Clause 1 and Clause 2 Article 41 of this Decree shall have the right to sanction the acts of violation prescribed in this Decree, except for acts prescribed in Clause 2, Clause 3 and Clause 4 Article 40 of this Decree;

b) The titles in the People’s Public Security force specified in Clause 3, Clause 4, Clause 5, Clause 6 and Clause 7 Article 41 of this Decree shall have the right to sanction the acts of violation prescribed at Article 15, Point d Clause 2 Article 16, Point b Clause 1 Article 39, and Article 40 of this Decree;

c) The titles in the State Bank of Vietnam specified in Clause 8, Clause 9 and Clause 10 Article 41 of this Decree shall have the right to sanction the acts of violation prescribed in Clause 1 and Clause 2 Article 40 of this Decree.”.

Article 3. To amend and supplement Article 44 as follows:

“Article 44. Execution of sanctions and remedial measures

1. The execution of decisions on sanctioning of administrative violations shall be carried out in accordance with the law on handling of administrative violations.

2. Minutes, documents, or other relevant papers recording the execution of sanctions and remedial measures must be included in the administrative violation sanctioning dossiers as defined in Article 57 of the Law on Handling of Administrative Violations.”.

Article 4. To add Article 44a after Article 44 as follows:

“Article 44a. Handling of administrative violations in the electronic environment

The handling of administrative violations in the electronic environment shall be carried out in accordance with Article 18a of the Law on Handling of Administrative Violations and Chapter IIIa of Decree No. 190/2025/ND-CP dated July 01, 2025 of the Government.”.

Article 5. To add the title of Section 4a Chapter II after Article 27 as follows:

“Section 4a
ACTS OF VIOLATION OF REGULATIONS ON MANAGEMENT OF CAPITAL, USE OF CAPITAL AND ASSETS”.

Article 6. Implementation provisions

This Decree takes effect on May 01, 2026./.