Decree 93/2025/ND-CP amend 19/2020/ND-CP on inspection in the enforcement of law provisions on handling of administrative violations

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 19/2020/ND-CP dated February 12, 2020, on inspection and disciplinary actions in the enforcement of law provisions on handling of administrative violations

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Pursuant to the Law on Organization of the Government dated February 18, 2025;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012; and the Law Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations dated November 13, 2020;

Pursuant to the Law on Cadres and Civil Servants dated November 13, 2008; Law Amending and Supplementing a Number of Articles of the Law on Cadres and Civil Servants and Law on Public Employees dated November 25, 2019;

Pursuant to the Law on Public Employees dated November 15, 2010;

At the request of Minister of Justice;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 19/2020/ND-CP dated February 12, 2020, on inspection and disciplinary actions in the enforcement of law provisions on handling of administrative violations.

Article 1. Amending and supplementing a number of articles of the Government’s Decree No. 19/2020/ND-CP dated February 12, 2020, on inspection and disciplinary actions in the enforcement of law provisions on handling of administrative violations

1. To amend and supplement Article 6 as follows:

“Article 6. Competence in inspection

1. The Minister of Justice shall inspect the enforcement of law provisions on handling of administrative violations by ministries, ministerial-level agencies, People's Committees at all levels, and agencies managing persons with the competence to handle administrative violations.

2. Ministers shall inspect the enforcement of law provisions on handling of administrative violations within the scope of the respective sectors or fields under their management. The Governor of the State Bank of Vietnam shall inspect the enforcement of law provisions on handling of administrative violations as assigned for organization and implementation.

3. Chairpersons of People's Committees at all levels shall inspect the enforcement of law provisions on handling of administrative violations within their respective areas of management, except for agencies organized according to a vertical system located in the area.

4. The Head of the Government Cipher Committee shall inspect the enforcement of law provisions on handling of administrative violations of its subordinate agencies and units.

5. Heads of agencies and units under central agencies organized according to a vertical system who manage persons with the competence to handle administrative violations, including: the People's Public Security; the Border Guard; the Coast Guard; Customs; Taxation; the Civil Judgment Enforcement Management Agency; the State Treasury; the State Bank of Vietnam; the centralized statistical organization system; Vietnam Social Security; and other agencies and units under central agencies organized according to a vertical system as prescribed by law, shall inspect the enforcement of the law on handling administrative violations of their subordinate agencies and units.

6. For cases which are complicated, interdisciplinary, and nation-scaled, the Minister of Justice shall report on it to the Prime Minister for consideration and decision on the agency that assumes the prime responsibility for the inspection.”.

2. To amend and supplement Clauses 1 and 2 Article 8 as follows:

a) To amend and supplement Clause 1 as follows:

“1. Inspection teams shall be set up to perform the inspection under decisions issued by persons with competence. The competence to establish an inspection team shall be exercised as follows:

a) The Minister of Justice, the Chairpersons of the People's Committees at all levels shall establish inter-sectoral inspection teams and inspection teams for the enforcement of law provisions on handling of administrative violations;

b) The competent persons specified in Clauses 2, 4, and 5 of Article 6 of this Decree shall establish inspection teams for the enforcement of law provisions on handling of administrative violations within their respective scope and field of management, and inter-sectoral inspection teams according to the Prime Minister’s direction specified in Clause 6 Article 6 of this Decree.”;

b) To amend and supplement Clause 2 as follows:

“2. Members of an inspection team include: Head of the team, deputy head of the team (if necessary), and other members. The composition and number of members of the inspection team shall be decided by the person issuing the inspection decision in accordance with the actual situation.”.

3. To amend and supplement Point c Clause 3 Article 11 as follows:

“c) To organize the dissemination, training, professional development, and guidance on the implementation of the law provisions on handling of administrative violations within the competence;”.

4. To amend and supplement Clause 2, to add Clause 5 after Clause 4 Article 12 as follows:

a) To amend and supplement Clause 2 as follows:

“2. Competence to issue inspection plans:

a) Ministers, heads of ministerial-level agencies shall prepare inspection plans within their respective scope of sectors and fields of management and inspection plans under the Prime Minister's direction as specified in Clause 1 and Clause 2, Article 6 of this Decree;

b) Chairpersons of the People's Committees at all levels shall formulate inspection plans for localities under their management;

c) Heads of agencies and units managing persons with competence to impose sanctioning on administrative violations shall make inspection plans within their respective scope of sectors and fields of management.”;

b) To add Clause 5 after Clause 4 as follows:

“5. The inspection plan on the enforcement of law provisions on handling administrative violations of Ministers, heads of ministerial-level agencies, the Chief Justice of the Supreme People's Court, and Chairpersons of provincial-level People's Committees shall be sent to the Ministry of Justice within 10 days from the date of issuance for monitoring, coordination, and organization of implementation.”.

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

a) To amend and supplement Clause 1 as follows:

“1. “Based on the inspection plan and the grounds for inspection specified in Article 5 of this Decree, the competent persons specified in Article 6 of this Decree shall consider and issue decisions on inspection.”;

b) To amend and supplement Clause 2 as follows:

“2. An inspection decision shall cover the following principal contents:

a) Grounds for issuing the decision;

b) Subject(s) to be inspected;

c) Time limit for the inspection;

d) Full names and positions of the head, deputy head (if any) and members of the inspection team; powers and responsibilities of the inspection team;

dd) Full name and position of the person issuing the inspection decision.”;

c) To amend and supplement Clause 3 as follows:

“3. The time limit for inspection specified at Point c, Clause 2 of this Article is no more than 15 days; in case of necessity, the person with the competence to perform the inspection may extend the time limit, but the extended time limit shall not exceed 10 days. The time limit for inspection is the period of time during which the inspection team works directly with the entity subject to inspection.

The Minister of Justice shall detail this Clause.”.

6. To amend and supplement Clause 2 Article 14 as follows:

“2. The inspection shall be recorded in minutes to serve as the basis for the issuance of the inspection conclusion.

An inspection minutes shall cover the following principal contents:

a) Date of making the minutes;

b) Full name and position of the head or member of the inspection team that is assigned to prepare the inspection minutes;

c) Full name of the inspected individual; full name and position of the representative of the inspected agency or unit;

d) Contents of inspection;

dd) Information and documents collected and provided;

e) Opinions of the inspected subject(s) and relevant agencies and units;

g) Inspection results;

h) Signatures of the head of the inspection team or the member of the inspection team as assigned and of the individual or the representative of the agency or unit to be inspected.”.

7. To amend and supplement Clauses 1, 2, 3, 5 and 6 Article 15 as follows:

a) To amend and supplement Clause 1 as follows:

“1. Within no more than 01 month from the date of expiration of the time limit for inspection, the inspection teams shall draft the inspection conclusions and send them to the inspected subjects to obtain comments on the contents of the draft inspection conclusions. In case the draft inspection conclusions are complicated or cover a wide scope, the aforementioned period may be extended, but shall not exceed 02 months from the date of expiration of the time limit for inspection.”;

b) To amend and supplement Clause 2 as follows:

“2. Within no more than 15 days after receiving the draft inspection conclusions, the inspected subjects shall send their comments on the draft inspection conclusions in writing to inspection teams. In case the draft inspection conclusions are complicated and covers a wide scope, the period may be extended but shall not exceed 30 days from the date of receipt of the draft inspection conclusions, and a written notice on the extension must be sent to the inspection teams.”;

c) To amend and supplement Clause 3 as follows:

“3. Within no more than 1 month from the date of receiving the written comments of the inspected subjects regarding the contents of the draft inspection conclusions or within 03 working days after the date of expiration of the time limit as prescribed in Clause 2 of this Article, if not receiving written comments from the inspected subjects on the contents of the draft inspection conclusions, the heads of the inspection teams shall submit them to the persons with the competence to conduct inspection for issuance of the inspection conclusions.

The heads of the inspection teams shall issue the inspection conclusions when they are authorized by such competent persons.”;

d) To amend and supplement Clause 5 as follows:

“5. The inspection conclusions shall cover the following principal contents: Achievements; limitations, shortcomings and their causes; clear identification of the violations, responsibilities of agencies, organizations and individuals that commit violations; the handling proposals, and the consideration and handling of the agencies, organizations and individuals that commit violations; the time limit for notifying results of the implementation of inspection conclusions.”;

dd) To amend and supplement Clause 6 as follows:

“6. In case of detecting legal documents on handling of administrative violations or other relevant legal documents with contents which are illegal, inconsistent with documents with higher legal effect; irrational, overlapped, or infeasible, impractical in the current socio-economic situation, the inspection teams shall propose the agencies which have issued such legal documents to conduct the inspection, review and handling of the documents in accordance with regulations.”.

8. To amend and supplement the first paragraph of Clause 1 and Point a Clause 1 Article 17 are as follows:

a) To amend and supplement the first paragraph of Clause 1 as follows:

“1. Right after receiving inspection conclusions, the inspected subjects, concerned agencies, organizations and individuals shall:”;

b) To amend and supplement Point a Clause 1 as follows:

“a) Organize the implementation of all the recommendations stated in the inspection conclusions;”.

9. To amend and supplement Clause 1 Article 18 as follows:

“1. The inspected subjects shall report on the implementation of inspection conclusions within 02 months from the date of receipt of the inspection conclusions or at requests of persons issuing the inspection conclusions.”.

10. To amend and supplement Article 20 as follows:

“Article 20. Supervising and urging the implementation of inspection conclusions

1. The persons competent to conduct inspection prescribed in Article 6 of this Decree shall be responsible for supervising and urging the implementation of inspection conclusions of inspected subjects.

2. The competent persons shall supervise and urge the implementation of inspection conclusions by requesting the inspected subjects to report on the situation of their implementation of inspection conclusions and provide relevant documents. In necessary cases, the persons competent to conduct inspection shall send a written reminder or work directly with the inspected subjects.

3. Based on the results of supervising and urging the implementation of inspection conclusions, the persons competent to conduct inspection prescribed in Article 6 of this Decree shall conduct the inspection of the implementation of inspection conclusions in accordance with Article 21 of this Decree.”.

11. To amend and supplement Clause 6 Article 21 as follows:

“6. The persons competent to conduct inspection shall issue a written notice on the results and the handling of the results on inspection of the implementation of inspection conclusions to the inspected subjects within 10 days from the date of completion of the tasks specified in Clause 5 of this Article.”.

12. To amend and supplement Article 22 as follows:

“Article 22. Violations committed in the enforcement of law provisions on handling of administrative violations

1. Keeping violations with criminal signs for administrative handling.

2. Forging, falsifying dossiers related to sanctioning on administrative violations or dossiers related to the application of administrative handling measures.

3. Abusing positions and powers to harass, ask for and receive money or properties from violators; protecting, covering up or limiting the rights of violators when they are handled for their administrative violations.

4. Illegally intervening the handling of administrative violations.

5. Failing to make a minute of administrative violation when detecting an act of administrative violation as prescribed by law regulations.

6. Making a minute of administrative violation not within the scope of competence, not for the correct act of administrative violation, or not for the correct subject of the administrative violation.

7. Violating the time limit for making a minute of administrative violation or violating the time limit for issuing a decision on sanctioning of administrative violations.

8. Failing to issue a decision on sanctioning of administrative violations, failing to apply administrative handling measures to violators in accordance with the law regulations, or failing to confiscate material evidence and means of administrative violations, or failing to apply remedial measures as prescribed in Clause 2, Article 65 of the Law on Handling of Administrative Violations.

9. Sanctioning administrative violations, applying remedial measures, or applying administrative handling measures not within the scope of competence, not in accordance with procedures (except for cases considered for handling of violations as prescribed in Clauses 5, 6, 7, 8, and 10 of this Article), not against the correct subject as prescribed by law, or applying improperly and inadequately forms and levels of sanctioning, or remedial measures to acts of administrative violation, or failing to apply forms of sanctioning and remedial measures to acts of administrative violation.

10. Incorrectly determining the act of violation when issuing a decision on sanctioning of administrative violations, except for cases considered for handling of violations prescribed in Clause 9 of this Article.

11. Extending the time limit for application of administrative handling measures.

12. Failing to amend, supplement, cancel a decision, or issue a new decision in the sanctioning of administrative violations, or failing to promptly amend, supplement, cancel a decision, or issue a new decision in the sanctioning of administrative violations upon detection of errors or violations.

13. Failing to supervise, urge, inspect, organize the implementation of decisions on sanctioning of administrative violations, decisions on confiscation of material evidences and means of administrative violations, and decisions on application of remedial measures as defined; failing to enforce the decisions on sanctioning of administrative violations, decisions on application of remedial measures as specified.

14. Illegally using money collected from sanctioning of administrative violations.

15. Failing to provide or providing inaccurate, incomplete, or untruthful information and documents related to the contents of the inspection of the enforcement of law provisions on handling of administrative violations.

16. Resisting or obstructing persons performing inspection duties, threatening or retaliating against persons providing information and documents to the inspection teams, causing difficulties for the inspection of the enforcement of law provisions on handling of administrative violations.

17. Illegally interfering with the inspection of the enforcement of law provisions on handling of administrative violations.

18. Providing or disclosing information, documents, and dossiers of the inspected subjects to organizations and individuals without competence or responsibility.

19. Failing to implement or incompletely or inaccurately implementing the inspection conclusions on the enforcement of law provisions on handling of administrative violations.

20. Being irresponsible in directing the implementation of the inspection conclusions on the enforcement of law provisions on handling of administrative violations.”.

13. To amend and supplement Article 23 as follows:

“Article 23. Application of regulations on disciplining of cadres, civil servants and public employees

1. Principles, competence, order, procedures, seriousness of violations and other contents related to the disciplining of cadres, civil servants and public employees committing violations in the enforcement of law provisions on handling of administrative violations shall comply with law provisions on disciplining of cadres, civil servants and public employees.

2. The attitude of actively acquiring, correcting, and improving the consequences of the violating cadres, civil servants and public employees shall be considered as an mitigating factor against the disciplinary actions imposed on them.

3. The cases to be considered for exemption from disciplining include:

a) The cases prescribed in the Government's Decree on disciplining of cadres, civil servants and public employees;

b) Violations by cadres, civil servants, and public employees originating from the fault of the subjects of administrative violation;

c) The persons issuing decisions in the handling of administrative violations conduct self-inspection, detect errors, and have taken measures to rectify the errors in accordance with regulations without causing any consequences.”.

14. To amend and supplement Article 24 as follows:

“Article 24. Reprimand

1. The disciplinary measure of reprimand shall be applied to cadres and civil servants who commit a first-time violation, causing less serious consequences in one of the following cases:

a) Violating Clauses 1, 3, 6, 7, 9, 10, 13, 14, 15, 18 and 20 Article 22 of this Decree;

b) Failing to promptly amend, supplement, cancel a decision, or issue a new decision in the sanctioning of administrative violations upon detection of errors or violations;

c) Incompletely or inaccurately implementing the inspection conclusions on the enforcement of law provisions on handling of administrative violations.

2. The disciplinary measure of reprimand shall be applied to public employees who commit a first-time violation, causing less serious consequences in one of the following cases:

a) Violating Clauses 3, 6, 14, 15, 18 and 20 Article 22 of this Decree;

b) Violating the time limit for making a minute of administrative violation.”.

15. To amend and supplement Article 25 as follows:

“Article 25. Warning

1. The disciplinary measure of warning shall be applied to cadres and civil servants who commit violations in one of the following cases:

a) Having been disciplined with a reprimand for one of the violations specified in Clause 1, Article 24 of this Decree and committing a recidivism;

b) Committing a first-time violation, causing serious consequences in one of the cases specified in Clause 1, Article 24 of this Decree;

c) Violating Clauses 2, 4, 5, 8, 11, 16 and 17 Article 22 of this Decree;

d) Failing to amend, supplement, cancel a decision, or issue a new decision in the sanctioning of administrative violations;

dd) Failing to implement the inspection conclusions on the enforcement of law provisions on handling of administrative violations.

2. The disciplinary measure of warning shall be applied to public employees who commit violations in one of the following cases:

a) Having been disciplined with a reprimand for one of the violations specified in Clause 2, Article 24 of this Decree and committing a recidivism;

b) Committing a first-time violation, causing serious consequences or very serious consequences in one of the cases specified in Clause 2, Article 24 of this Decree;

c) Violating Point c or Point dd Clause 1 of this Article;

d) Failing to make a minute of administrative violation when detecting an act of administrative violation as prescribed by law regulations.”.

16. To amend and supplement Article 26 as follows:

“Article 26. Salary reduction

The disciplinary measure of salary reduction shall be applied to civil servants not holding leading or managerial posts who commit violations in one of the following cases:

1. Having been disciplined with a warning for one of the violations specified in Clause 1, Article 25 of this Decree and committing a recidivism;

2. Committing a first-time violation for one of the violations specified in Clause 1, Article 24 of this Decree and causing very serious consequences.”.

17. To amend and supplement Article 27 as follows:

“Article 27. Demotion

The disciplinary measure of demotion shall be applied to civil servants holding leading or managerial posts who commit violations in one of the following cases:

1. Having been disciplined with a warning as defined in Clause 1, Article 25 of this Decree and committing a recidivism;

2. Committing a first-time violation for one of the violations specified in Clause 1, Article 24 of this Decree and causing very serious consequences.”.

18. To amend and supplement Article 28 as follows:

“Article 28. Dismissal from position

1. The disciplinary measure of dismissal from position shall be applied to cadres who have been disciplined with a warning for one of the violations specified in Clause 1, Article 25 of this Decree and committing a recidivism.

2. The disciplinary measure of dismissal from position shall be applied to civil servants holding leading or managerial posts who commit violations in one of the following cases:

a) Having been disciplined with a demotion for one of the violations specified in Article 27 of this Decree and committing a recidivism;

b) Committing a first-time violation for one of the violations specified in Clause 1, Article 24 of this Decree and causing particularly serious consequences, but not to the extent of forced resignation, where the violators demonstrate a receptive attitude, proactively remedy the consequences, and have multiple mitigating circumstances.

3. The disciplinary measure of dismissal from position shall be applied to managerial public employees who commit violations in one of the following cases:

a) Having been disciplined with a warning for one of the violations specified in Clause 2, Article 25 of this Decree and committing a recidivism;

b) Committing a first-time violation for one of the violations specified in Clause 2, Article 24 of this Decree and causing very serious consequences.”.

19. To amend and supplement Article 29 as follows:

“Article 29. Forced resignation

1. The disciplinary measure of forced resignation shall be applied to civil servants who commit violations in one of the following cases:

a) Having been disciplined with a salary reduction for one of the violations specified in Article 26 of this Decree and committing a recidivism;

b) Committing a first-time violation, causing particularly serious consequences for one of the violations specified in Clause 1, Article 24 of this Decree.

2. The disciplinary measure of forced resignation shall be applied to civil servants holding leading or managerial posts who commit violations in one of the following cases:

a) Having been disciplined with a dismissal from position for one of the violations specified in Clause 2, Article 28 of this Decree and committing a recidivism;

b) Committing a first-time violation, causing particularly serious consequences for one of the violations specified in Clause 1, Article 24 of this Decree.

3. The disciplinary measure of forced resignation shall be applied to public employees not holding managerial posts who commit violations in one of the following cases:

a) Having been disciplined with a warning for one of the violations specified in Clause 2, Article 25 of this Decree and committing a recidivism;

b) Committing a first-time violation, causing particularly serious consequences for one of the violations specified in Clause 2, Article 24 of this Decree;

4. The disciplinary measure of forced resignation shall be applied to managerial public employees who commit violations in one of the following cases:

a) Having been disciplined with a dismissal from position for one of the violations specified in Clause 3, Article 28 of this Decree and committing a recidivism;

b) Committing a first-time violation, causing particularly serious consequences for one of the violations specified in Clause 2, Article 24 of this Decree.”.

20. To add Article 29a after Article 29 as follows:

“Article 29a. Relief from duty

The disciplinary measure of relief from duty shall be applied to cadres who commit one of the violations specified at Point b Clause 2 Article 29 of this Decree.”.

Article 2. Repealing Article 19 of the Government’s Decree No. 19/2020/ND-CP dated February 12, 2020, on inspection and disciplinary actions in the enforcement of law provisions on handling of administrative violations.

Article 3. Responsibility for implementation organization

Ministers, Heads of ministerial-level agencies, Chairpersons of People's Committees of provinces and centrally-run cities, and relevant agencies shall be responsible for organizing the implementation of this Decree.

Article 4. Implementation provisions

This Decree takes effect on June 15, 2025.