Decree No. 189/2025/ND-CP on competence to impose administrative penalties officially promulgated

The Government has issued Decree No. 189/2025/ND-CP detailing the Law on Handling of Administrative Violations regarding the competence to impose administrative penalties, which came into force on July 1, 2025.

Decree 189/2025/ND-CP provides specific regulations on:

• Titles of persons competent to impose administrative penalties;

• Competence of each title to impose forms of penalties and apply remedial measures,

in accordance with Clause 2, Article 37a of the Law on Handling of Administrative Violations 2012, as amended and supplemented in 2020 and 2025.

Article 3 of Decree 189 details the competence to impose administrative penalties across sectors of state management as follows:

• Based on the provisions on competence to impose administrative penalties applicable to the titles specified in this Decree, specialized decrees on sanctioning of administrative violations in different sectors shall clearly define the competent titles; specific fines applicable to each title; competence to impose each form of penalty; and competence to apply remedial measures for each administrative violation.

• The designation of competent titles and their authority to impose penalties and remedial measures must be based on their assigned functions, tasks, and powers in the management of sectors, fields, and localities.

Article 4 of Decree 189/2025/ND-CP further stipulates how to determine the competence to impose penalties and temporarily seize exhibits and means of violations in specific circumstances:

• In cases where a central-level agency under the vertical management system operating locally is handling a case but needs to transfer the case file to a competent person, and the specialized decree does not provide guidance, the transfer shall follow the order of priority below:
  +  A person competent to impose penalties affiliated with the central-level agency based locally;
  + The person with the highest competence in the relevant sector/field;
  + The chairperson of the People’s Committee at the competent level where the violation occurred.

• For special cases involving exhibits such as real estate, aircraft, ships, bulky means, etc., the chairperson of the People’s Committee at the competent level where the violation occurs shall be the person qualified to enforce the sanctioning decision.