Law Amend Law on Handling of Administrative Violations, No. 88/2025/QH15

LAW

Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam, which has a number of articles amended and supplemented under Resolution No. 203/2025/QH15;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 15/2012/QH13 on Handling of Administrative Violations, which has a number of articles amended and supplemented under Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, and Law No. 56/2024/QH15.

Article 1. To amend and supplement a number of articles of the Law on Handling of Administrative Violations

1. To amend and supplement a number of articles and clauses of Article 6 as follows:

a/ To amend and supplement Point a, Clause 1 as follows:

“a/ The statute of limitations for sanctioning an administrative violation is 1 year, except the following cases:

The statute of limitations for sanctioning an administrative violation is 2 years, for administrative violations in the fields of accounting; invoices; charges and fees; insurance business; price management; securities; intellectual property; construction; fisheries; forestry; survey, planning, exploration, exploitation and utilization of water resources; oil and gas activities and other mineral activities; environmental protection; atomic energy; housing and working office management and development; land; dikes; press; publication; goods production, export, import and trading; production and trading of banned goods and counterfeit goods; and management of overseas labor; and complaints, denunciations, petitions or reports concerning violations.

The statute of limitations for sanctioning administrative violations in the fields of tax and independent audit must comply with the law on tax administration and the law on independent audit.”;

b/ To amend and supplement Point c, Clause 1 as follows:

“c/ In case of sanctioning administrative violations for individuals or organizations, that are forwarded by proceeding-conducting bodies, the applicable statute of limitations specified at Point a of this Clause shall be prolonged for 1 more year. The time for proceeding-conducting bodies to accept and examine the cases shall be counted into the statute of limitations for sanctioning administrative violations;”.

2. To add Article 18a below Article 18 as follows:

“Article 18a. Handling of administrative violations in the electronic environment

1. The handling of administrative violations in the electronic environment shall be carried out when conditions on infrastructure, technique and information are met.

2. The handling of administrative violations in the electronic environment must meet the following requirements:

a/ To comply with the law on handling of administrative violations, the law on e-transactions, and other relevant laws;

b/ The collection, storage, exploitation and use of data must ensure the integrity, authenticity, security, and compliance with the purposes and scope prescribed by law;

c/ To connect and share data, and provide information accurately and promptly to serve state management and supervision by competent agencies, organizations and individuals.

3. The Government shall detail this Article.”.

3. To amend and supplement a number of points and clauses of Article 24 as follows:

a/ To amend and supplement Point a, Clause 1 as follows:

“a/ VND 30,000,000, for violations in the fields of marriage and family; gender equality; domestic violence; archiving; belief and religion; emulation and commendation; judicial administration; population; environmental sanitation; statistics; and external affairs; and complaints, denunciations, petitions and reports concerning violations;”;

b/ To amend and supplement Point dd, Clause 1 as follows:

“dd/ VND 100,000,000, for violations in the fields of dikes; medical examination and treatment; cosmetics; pharmaceuticals and medical devices; livestock production; fertilizers; advertising; betting and prize-winning games; management of overseas labor; maritime navigation; civil aviation; management and protection of traffic works; information technology; telecommunications; radio frequencies; cyber security; cyberinformation security; data; digital technology industry; publication; printing; commerce; customs and tax procedures; lottery business; insurance business; thrift practice and waste combat; management of explosives; and electricity;”;

c/ To amend and supplement Point i, Clause 1 as follows:

“i/ VND 500,000,000, for violations in the fields of construction; forestry; land; integrated management of resources and protection of sea and island environment; and real estate business;”:

d/ To amend and supplement Clause 3 as follows:

“3. The maximum fine levels applicable to the fields of taxation; measurement; food safety; product and goods quality; securities; competition; independent audit; and protection of private data must comply with relevant laws.”.

4. To add Article 37a into Chapter II, Part Two, and below Article 37 as follows:

“Article 37a. Competence to sanction administrative violations

1. Persons competent to sanction administrative violations under this Law include:

a/ Chairpersons of People’s Committees at all levels;

b/ Heads of organizations under ministries or ministerial-level agencies who assist ministers or heads of ministerial-level agencies in performing sector-based state management; heads of organizations under ministries or ministerial-level agencies assigned the function and task of inspection under the state management of ministries or ministerial-level agencies, except ministries or ministerial-level agencies having the title holders specified at Point dd of this Clause;

c/ Heads of specialized agencies under provincial-level People’s Committees; heads of branches under departments of ministries and equivalent; heads of branches under specialized agencies of provincial-level People’s Committees and equivalent;

d/ Inspectors; and heads of inspection teams during the inspection period;

dd/ Chiefs of inspection agencies in the People’s Army and the People’s Public Security forces, and the State Bank of Vietnam;

e/ Chiefs of cipher inspection agencies; heads of inspection agencies established under treaties to which the Socialist Republic of Vietnam is a contracting party;

g/ Heads of inspection teams of ministries or ministerial-level agencies during the inspection period;

h/ Competent persons of agencies and forces of the People’s Public Security; border guard; coast guard; customs; taxation; market surveillance; forestry and forest rangers; fisheries and fisheries surveillance; and enforcement of civil judgments;

i/ Directors or heads of representative offices of maritime port authorities, inland waterway port authorities, and airports authorities; directors of regional radio frequency centers; directors of regional social security agencies, the Director of the Vietnam Social Security; the Director of the State Treasury, and directors of regional state treasury offices;

k/ The Chairperson of the Commission for Standards, Metrology and Quality of Vietnam; the Chairperson of the State Securities Commission; the Head of the Government Cipher Committee; heads of diplomatic missions, consular offices, and other agencies authorized to perform consular functions of the State of the Socialist Republic of Vietnam abroad;

l/ The Chairperson of the National Competition Commission, unless the Law on Competition otherwise provides for the competence to sanction acts of reaching agreement on competition restraint, abusing the dominant market position, abusing the monopoly position, and practicing economic concentration and unfair competition;

m/ Competent persons of people’s courts;

n/ Competent persons of people’s procuracies;

o/ Heads of audit teams during the audit period, and chief auditors of state audit offices.

2. Based on Points a, b, c, d, dd, e, g, h, i, k and l, Clause 1 of this Article, the Government shall provide in detail the title holders competent to sanction administrative violations; and the competence of each title holder to apply forms of sanctioning and remedial solutions.

3. Based on Points m, n and o, Clause 1 of this Article, the National Assembly Standing Committee shall provide in detail the title holders competent to sanction administrative violations; and the competence of each title holder to apply forms of sanctioning and remedial solutions.

4. For newly established agencies and forces that are not specified at Points a, b, c, d, dd, e, g, h, i, k and l, Clause 1 of this Article and do not fall into the cases specified in Article 53 of this Law, the competence of title holders in the newly established agencies and forces to sanction administrative violations shall be provided by the Government after obtaining the National Assembly Standing Committee’s consent. The Government shall report to the National Assembly at the nearest session.”.

5. To amend and supplement a number of clauses of Article 52 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. Competence of a title holder to sanction administrative violations is the competence over an administrative violation; in case of imposition of fines, the competence to sanction organizations is twice higher than the competence to sanction individuals.

In case of imposition of fines for administrative violations committed in inner cities, the title holders competent to impose fines for administrative violations specified by the Government also have the competence to impose higher fines for administrative violations specified by People’s Councils of cities, with regard to violations in the fields specified in Clause 1, Article 23 of this Law”;

b/ To amend and supplement Clause 3 as follows:

“3. Chairpersons of People’s Committees at all levels are competent to sanction administrative violations in various fields of state management in their localities.

Persons competent to sanction administrative violations specified at Points b, c, d, dd, e, g, h, i, k and l, Clause 1, Article 37a of this Law are competent to sanction administrative violations in the fields or sectors under their management.

For an administrative violation falling under the sanctioning competence of many persons, the sanctioning of such administrative violation shall be conducted by the person who first accepts the case of violation.”.

6. To amend and supplement Article 53 as follows:

“Article 53. Changes in title names, tasks and powers of title holders competent to sanction administrative violations

1. In case the title name of a title holder competent to sanction administrative violations specified by the Government is changed but the tasks and powers assigned to the title holder are not changed, the sanctioning competence of the title holder is not changed.

2. In case a title holder competent to sanction administrative violations specified by the Government has the tasks and powers changed due to restructuring of the state apparatus, the sanctioning competence may continue to be carried out by the title holder taking over such functions, tasks and powers corresponding to each field of state management.”.

7. To amend and supplement Clause 1, Article 54 as follows:

“1. Persons competent to sanction administrative violations who are chiefs or heads of agencies or units specified in Article 37a of this Law may assign their deputies to sanction administrative violations.”.

8. To amend and supplement Article 56 as follows:

“Article 56. Sanctioning of administrative violations without written record

1. The sanctioning of administrative violations without written record shall be applied in case of:

a/ Imposition of caution or a fine of up to VND 500,000 on individuals or VND 1,000,000 on organizations;

b/ Acts of violations forwarded by criminal proceeding-conducting agencies specified in Clause 1, Article 63 of this Law.

2. For administrative violations detected through the use of technical and professional means and equipment, written records thereof must be made.

3. In case of sanctioning administrative violations without written record under Point a, Clause 1 of this Article, persons with sanctioning competence shall issue decisions on on-the-spot sanctioning of administrative violations.”.

9. To amend and supplement a number of points and clauses of Article 58 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. When detecting administrative violations in the fields under their respective management, competent persons who are on duty shall promptly make written records thereof, except the cases of sanctioning without written record specified in Clause 1, Article 56 of this Law.

For administrative violations committed at sea, on inland waterways or aircraft, seagoing ships, inland waterway vessels or trains, competent persons or aircraft commanders, shipmasters or trainmasters shall organize the making of written records and promptly forward them to persons competent to sanction administrative violations upon the arrival of the aircraft, seagoing ships, inland waterway vessels or trains at airports, seaports or railway stations.”;

b/ To amend and supplement Point b, Clause 3 as follows:

“b/ Information on the record maker, the violator, and related agencies, organizations and individuals.

In case it is impossible to identify the person committing violation(s), the record must state that the violator cannot be identified.”;

c/ To amend and supplement Clause 5 as follows:

“5. A copy of the written record of administrative violation, once completed, shall be handed to the individual violator or institutional violator; for administrative violations falling beyond the sanctioning competence of the persons who make written records of the violations, such records and other documents shall be promptly forwarded to persons with sanctioning competence, except the case in which the administrative violations are committed at sea, on inland waterways or on aircraft, seagoing ships, inland waterway vessels or trains.”.

10. To add Clause 3 below Clause 2, Article 59 as follows:

“3. Competent persons specified in Clause 1 of this Article shall conduct verification by themselves, assign or coordinate in verifying, and take responsibility before law for verification results.”.

11. To amend and supplement Clause 3, Article 60 as follows:

“3. In case it is impossible to apply the grounds specified in Clause 2 of this Article to determine the value of material evidence and means of an administrative violation for use a basis for determination of the applicable fine frame and sanctioning competence, the competent person who is settling the case may issue a decision on temporary seizure of the material evidence and means of administrative violations and set up a valuation council. The valuation council shall be composed of the person issuing the decision on temporary seizure as its chairperson, and representatives of the same-level finance agency and related specialized agencies as its members.

The duration of temporary seizure of material evidences and means of administrative violations for valuation is 5 working days after the issuance of the decision on temporary seizure. All expenses related to the temporary seizure and valuation and damage caused by the temporary seizure shall be borne by the agency of the person competent to issue the decision on temporary seizure.”.

12. To amend and supplement Clause 1, Article 62 as follows:

“1. During the process of reviewing and handling a case of administrative violation, if finding that the act of violation shows signs of a criminal offense, the competent person who is handling the case shall forward the files related to such violation to the agency competent to conduct criminal proceedings.

The transfer of material evidences and means of administrative violations related to the act showing signs of a criminal offense must comply with the Government’s regulations.”.

13. To amend and supplement Clause 1, Article 63 as follows:

“1. For a case which an agency competent to conduct criminal proceedings has accepted for settlement but latter issues a decision on non-institution of criminal case, decision on cancelation of decision on institution of criminal case, decision on cessation of investigation, decision on cessation of criminal case, or decision on cessation of criminal case against the accused, or decision on exemption of penal liability under a court judgment, if the act of violation shows a sign of administrative violation, the competent person of the agency that is settling the case shall impose an administrative sanction according to his/her competence. If incompetent to impose an administrative sanction, he/she shall, within 5 working days from the effective date of such decision, forward the decision together with the (certified copy) of the dossier, and material evidences and means relating to the act of administrative violation in the case, except material evidences and means constituting evidences, and a written request for sanctioning of the administrative violation, to a person competent to sanction administrative violations.”.

14. To amend and supplement Article 70 as follows:

“Article 70. Sending of decisions on sanctioning of administrative violations for execution

1. Within 3 working days after issuing a decision on sanctioning of an administrative violation, the decision-issuing person shall send it to the sanctioned individual or organization, fine-collecting agency and other related agencies (if any) for execution.

2. A sanctioning decision may be sent by one of the following methods:

a/ By hand-delivery to the sanctioned individual or organization;

b/ By registered mail;

c/ Electronically;

d/ In case it is impossible to apply the methods specified at Points a, b and c of this Clause, the sanctioning decision must be publicly posted at the place of residence of the sanctioned individual, or at the head office of the sanctioned organization, or sent to the commune-level People’s Committee of the locality where the sanctioned individual resides or the head office of the sanctioned organization for publicly posting.

3. The sending of decisions on sanctioning administrative violations for execution must comply with the Government’s regulations.”.

15. To amend and supplement Clause 1, Article 71 as follows:

“1. In case a sanctioned individual or organization cannot execute the sanctioning decision at the locality where the head office of the decision-issuing person is located, the sanctioning decision shall be forwarded to the agency at the same level in the locality where he/she resides or its head office is located for execution. In case the locality where the sanctioned individual resides or the sanctioned organization’s head office is located does not have such same-level agency, the sanctioning decision shall be forwarded to the commune-level People’s Committee for execution.”.

16. To amend and supplement Article 87 as follows:

“Article 87. Competence to decide on enforcement

1. The following persons are competent to issue enforcement decisions:

a/ Persons competent to sanction administrative violations who are chiefs or heads of the agencies or units specified at Points a, b, c, dd, e, h, i, k, l, m and n, Clause 1, Article 37a of this Law, and chief auditors of state audit offices shall be competent to enforce decisions on sanctioning of administrative violations they or their subordinates issue.

The competence to enforce decisions on sanctioning of administrative violations of heads of auditing delegations must comply with the National Assembly Standing Committee’s regulations;

b/ Competent persons of agencies that receive sanctioning decisions for execution shall issue, or report such decisions to their superiors for issuance of, decisions to enforce sanctioning decisions.

2. The persons competent to issue enforcement decisions specified in Clause 1 of this Article may empower their deputies. The empowerment must be expressed in decisions, clearly stating the scope, contents and period of empowerment. Empowered deputies shall take responsibility before their heads and before law for the exercise of delegated powers. Empowered persons may not further empower any other persons.”.

17. To amend and supplement Article 99 as follows:

“Article 99. Making of dossiers of request for application of the measure of consignment to a reformatory

1. The making of a dossier of request for application of the measure of consignment to a reformatory for a person specified in Article 92 of this Law shall be as follows:

a/ In case the violator is aged under 18 years and has a stable place of residence, the head of the commune-level public security agency of the locality where he/she resides shall make the dossier.

The dossier must comprise a resume of the violator; documents on the violation(s) committed by the violator; applied educational measure(s); a written explanation of the violator and opinions of his/her parent or lawful representative and of the school, agency or organization where he/she is learning or working (if any) and other relevant documents;

b/ In case the violator is aged under 18 years and does not have a stable place of residence, the head of the commune-level public security agency of the locality where he/she commits the violation shall make the dossier.

The dossier must comprise a written minutes of the violation; a resume and document on the violation(s) committed by the violator; results of verification of his/her criminal records; applied educational measure(s) (if any); the written explanation of the violator, and opinions of his/her parent or lawful representative;

2. If a case of violation is detected, investigated or accepted for handling directly by an agency or unit of the provincial-level Department of Public Security but the violator is aged under 18 years and his/her violation has yet to reach the threshold for penal liability examination but is subject to the measure of consignment to a reformatory as specified in Article 92 of this Law, the agency or unit that is handling the case shall finalize and forward the dossier of the violation to the competent commune-level public security agency for the latter to make a dossier of request for application of the measure of consignment to a reformatory for such violator.

In case the dossier of the violation forwarded from the agency or unit of the provincial-level Department of Public Security is incomplete, the head of the commune-level public security agency shall return such dossier to the agency or unit for supplementation; the time limit for supplementation is 2 working days after receiving the dossier back. Within 2 working days after receiving a complete dossier, the head of the commune-level public security agency shall complete the dossier of request and send it to the regional People’s Court in charge of the locality for application of the measure of consignment to a reformatory.

The dossier must comprise a resume of the violator; documents on the violation(s) committed by the violator; applied educational measure(s); a written explanation of the violator and opinions of his/her parent, guardian or lawful representative.

3. An agency or unit of the provincial-level Department of Public Security or the commune-level public-security agency competent to make the dossier of request for application of the measure of consignment to a reformatory shall take responsibility for the legality of such dossier. After completely making the dossier, the commune-level public security agency shall notify such in writing to the person against whom the application of the measure is requested, his/her parent or lawful representative. Such person may read the dossier and take notes of necessary contents within 3 working days after being notified.”.

18. To amend and supplement Article 100 as follows:

“Article 100. Consideration of and decision on transfer of dossiers of request for application of the measure of consignment to reformatories to regional People’s Courts

1. Within 3 working days from the deadline for dossier reading specified in Clause 3, Article 99 of this Law, the head of the commune-level public security agency shall decide to forward the dossier of request to the concerned regional People’s Court for the latter to decide on the application of the measure of consignment to a reformatory.

2. A dossier submitted to a regional People’s Court to request the latter to consider and decide on the application of the measure of consignment to a reformatory must comprise:

a/ A dossier of request for application of the measure of consignment to a reformatory specified in Article 99 of this Law;

b/ A written request for consideration and application of the measure of consignment to a reformatory, made by the head of the commune-level public security agency.

3. Dossiers of request for application of the measure of consignment to a reformatory must have their documents numbered in order and shall be retained in accordance with the law on archives.”.

19. To amend and supplement Article 101 as follows:

“Article 101. Making of dossiers of request for application of the measure of consignment to a compulsory education institution

1. The making of a dossier of request for application of the measure of consignment to a compulsory education institution for a person specified in Article 94 of this Law shall be as follows:

a/ For a violator who has a stable place of residence, the head of the commune-level public security agency of the locality where he/she resides shall make the dossier.

The dossier must comprise a resume of the violator; documents on the violation(s) committed by the the violator; applied educational measure(s); a written explanation of the violator or his/her lawful representative, and relevant documents;

b/ For a violator who does not reside in the locality where he/she commits the violation, the head of the commune-level public security agency shall verify his/her place of residence. In case the place of residence of the violator can be identified, the violator, accompanied by the written minutes of his/her violation, shall be transferred to his/her locality for handling. In case the place of residence of the violator is unidentifiable, the head of the commune-level public security agency of the locality where such person commits the violation shall make the dossier.

The dossier must comprise the written minutes of the violation; a resume of the violator; document on violation(s) committed by the violator; results of verification of his/her criminal records; applied educational measure(s) (if any); and the written explanation of the violator or his/her lawful representative.

2. In case the head of a compulsory drug rehabilitation facility makes a dossier of request for application of the measure of consignment to a compulsory education institution as specified in Clause 3, Article 118 of this Law, the dossier must comprise the available dossier on compulsory drug rehabilitation; a written minutes on the violation newly committed by the violator; and written request of the head of the compulsory drug rehabilitation facility. Within 3 working days after the written minutes of the new violation is made, the head of the compulsory drug rehabilitation facility shall transfer such dossier to the head of the competent commune-level public security agency. In case the dossier is incomplete, the commune-level public security agency shall return it to the head of the compulsory drug rehabilitation facility for supplementation; the time limit for supplementation is 2 working days after receiving the dossier back. Within 2 working days after receiving a complete dossier, the commune-level public security agency shall finalize and send a dossier of request for application of the measure on consignment to a compulsory education institution to the regional People’s Court.

3. If a case of violation is detected, investigated or accepted for handling directly by an agency or unit of the provincial-level Department of Public Security but the violation has yet to reach the threshold for penal liability examination and the violator is subject to the measure of consignment to a compulsory education institution as specified in Article 94 of this Law, the agency or unit that is handling the case shall finalize and forward the dossier of the violation to the competent commune-level public security agency for the latter to make a dossier of request for application of the measure of consignment to a compulsory education institution for the violator. In case the dossier of the violation forwarded from the agency or unit of the provincial-level Department of Public Security is incomplete, the commune-level public security agency shall return such dossier to the agency or unit for supplementation; the time limit for supplementation is 2 working days after receiving the dossier back. Within 2 working days after receiving a complete dossier, the commune-level public security agency shall complete the dossier of request and send it to the concerned regional People’s Court for application of the measure of consignment to a compulsory education institution;

The dossier must comprise a resume of the violator; documents on the violation(s) committed by the violator; applied educational measure(s); and a written explanation of the violator or his/her lawful representative.

4. The head of the compulsory drug rehabilitation facility, an agency or unit of the provincial-level Department of Public Security as specified in Clause 3 of this Article or the commune-level public security agency that makes the dossier of request for application of the measure of consignment to a compulsory education institution shall take responsibility for the legality of such dossier. After completely making the dossier, the commune-level public security agency shall notify such in writing to the person against whom the application of the measure is requested, or his/her lawful representative. Such person may read the dossier and take notes of necessary contents within 3 working days after being notified.”.

20. To amend and supplement Article 102 as follows:

"Article 102. Consideration of and decision on transfer of dossiers to request regional People’s Courts to apply the measure of consignment to a compulsory education institution

1. Within 3 working days from the deadline for dossier reading specified in Clause 4, Article 101 of this Law expires, the head of the commune-level public security agency shall decide to forward the dossier to the regional People’s Court to request the latter to apply the measure on consignment to a compulsory education institution.

2. A dossier submitted to the regional People’s Court to request the latter to decide to apply the measure on consignment to a compulsory education institution must comprise:

a/ A dossier of request for application of the measure of consignment to a compulsory education institution specified in Article 101 or 118 of this Law;

b/ A written request for consideration and application of the measure of consignment to a compulsory education institution, made by the head of the commune-level public security agency.

3. Dossiers of request for application of the measure of consignment to compulsory education institution must have their documents numbered in order and shall be retained in accordance with the law on archives.”.

21. To amend and supplement Article 103 as follows:

“Article 103. Making of dossiers of request for application of the measure of consignment to a compulsory drug rehabilitation facility

1. The making of a dossier of request for application of the measure of consignment to a compulsory drug rehabilitation facility against a drug addict under Article 96 of this Law shall be as follows:

a/ In case a drug addict has a stable place of residence, the head of the commune-level public security agency of the locality where he/she resides shall make the dossier;

b/ In case a drug addict does not have a stable place of residence, the head of the commune-level public security agency of the locality where he/she commits the violation shall make the dossier;

c/ In case the drug addict is involved in a case of violation detected, investigated or accepted for handling directly by an agency or unit of the provincial-level Department of Public Security and subject to consignment to a compulsory drug rehabilitation facility as specified in Article 96 of this Law, the agency or unit that is handling the case shall complete the dossier of the violation and transfer such dossier to the competent commune-level public security agency for the latter to make a dossier of request for application of the measure of consignment to a compulsory drug rehabilitation facility for such drug addict. In case the dossier of the violation transferred by the agency or unit of the provincial-level Department of Public Security is incomplete, the commune-level public security agency shall return it to the agency or unit for supplementation; the time limit for supplementation is 2 working days after receiving the dossier back. Within 2 working days after receiving a complete dossier, the commune-level public security agency shall finalize and submit the dossier of request for application of the measure of consignment to a compulsory drug rehabilitation facility to the concerned regional People’s Court;

d/ The dossier specified at Point a, b and c of this Clause must comprise the written minutes of the violation; a resume of the violator; a document proving the his/her state of addiction; a written explanation of the drug addict or his/her lawful representative, and other relevant documents;

dd/ In case a drug addict comes to the commune-level public security agency by him/herself to declare his/her state of addiction and files an application for drug rehabilitation at a compulsory drug rehabilitation facility, the dossier must comprise an application for voluntary drug rehabilitation; a resume of the applicant; a document proving his/her current state of addiction; a written explanation of the applicant or his/her lawful representative, and other relevant documents.

The document proving the current state of drug addiction state is specified as follows: in case the drug addict has a letter of confirmation of the state of drug addiction, issued by a competent agency within the last 6 months, such letter of confirmation shall be used; in case such a letter of confirmation is unavailable or in case the letter of confirmation was issued more than 6 months ago, the commune-level public security agency shall guide the drug addict to proceed with the procedures for determining the state of drug addiction.

2. The agency or unit of the provincial-level Department of Public Security or the commune-level public-security agency that makes the dossier of request for application of the measure of consignment to a compulsory drug rehabilitation facility shall take responsibility for the legality of the dossier. After completely making the dossier, the commune-level public security agency shall notify such in writing to the person against whom the application of the measure is requested or his/her lawful representative. Such person is entitled to read the dossier and take notes of necessary contents within 3 working days after being notified.”.

22. To amend and supplement Article 104 as follows:

“Article 104. Consideration of and decision on forwarding dossiers to request regional People’s Courts to apply the measure of consignment to a compulsory drug rehabilitation facility

1. Within 3 working days from the deadline for dossier reading specified in Clause 2, Article 103 of this Law, the head of the commune-level public security agency shall decide to forward the dossier to the regional People’s Court to request the latter to apply the measure of consignment to a compulsory drug rehabilitation facility.

2. A dossier to be submitted to a regional People’s Court to request the latter to consider and decide on the application of the measure of consignment to a compulsory drug rehabilitation facility must comprise:

a/ A dossier of request for application of the measure of consignment to a compulsory drug rehabilitation facility specified in Articles 103 of this Law;

b/ A written request for consideration and application of the measure of consignment to a compulsory drug rehabilitation facility, made by the head of the commune-level public security agency.

3. Dossiers of request for application of the measure of consignment to compulsory drug rehabilitation facilities must have their documents numbered in order and shall be retained in accordance with the law on archives.”.

23. To amend and supplement Clause 1, Article 110 as follows:

“1. Within 5 days after receiving a decision on consignment to a reformatory, a decision on consignment to a compulsory education institution or a decision on consignment to a compulsory drug rehabilitation facility, the public security agency that has made the request for application of the measure of consignment to a reformatory, compulsory education institution or compulsory drug rehabilitation facility shall consign the person subject to execution of the decision to the reformatory, compulsory education institution or compulsory drug rehabilitation facility.”.

24. To amend and supplement Clause 1, Article 123 as follows:

“1. In the cases specified in Clause 1, Article 122 of this Law, the following persons with administrative sanctioning competence have the right to decide on holding of persons in custody according to administrative procedures:

a/ Chairpersons of People’s Committees at all levels;

b/ Heads of commune-level public security agencies; heads of professional divisions of the Departments in charge of expertise fields under the Ministry of Public Security; heads of professional divisions under provincial-level Departments of Public Security or holders of equivalent titles in the People’s Public Security forces;

c/ Chiefs of port border-guard stations, chiefs of commanding boards of port border-gate guards, captains of border-guard flotillas, captains of border-guard fleets, commanders of drug and crime prevention and combat task force regiments, and chief commanders of border guard commands;

d/ Captains of coast guard flotillas, captains of coast guard fleets, commanders of coast guard zones; and commanders of regiments of coast guard forces;

dd/ Heads of divisions of agencies and units in charge of management of forestry, forest protection, fisheries and fisheries resources surveillance;

e/ Heads of border-gate customs offices; heads of outside-of-border gate customs offices; heads of customs control teams of regional Customs Branches; heads of anti-smuggling control teams of Anti-Smuggling Investigation Branches;

g/ Heads of market surveillance teams of Market Surveillance Branches under provincial-level Departments of Industry and Trade; heads of market surveillance divisions under the Agency for Domestic Market Surveillance and Development;

h/ Presiding judges.”.

25. To amend and supplement a number of points and clauses of Article 125 as follows:

a/ To amend and supplement Point a, Clause 1 as follows:

“a/ For identifying administrative violations or clarifying circumstances in violation cases for which temporary seizure is required to have grounds for making minutes of administrative violations or issuing sanctioning decisions, including also temporary seizure of administrative violation material evidence for valuation to serve as a basis for determination of the fine frames or sanctioning competence, as specified in Article 60 of this Law;”;

b/ To amend and supplement Point c, Clause 1 as follows:

“c/ For assuring the execution of sanctioning decisions under Clauses 6 and 7 of this Article.”;

c/ To amend and supplement Clause 4 as follows:

“4. The measure of temporary seizure of material evidence or means used in administrative violations, licenses or practice certificates shall be applied based on one of the grounds specified in Clause 1 of this Article, specifically as follows:

a/ A competent person who is handling an administrative violation case shall make a written minutes of temporary seizure of the material evidence or means used in the administrative violation, license or practice certificate under Clause 9 of this Article;

b/ In case the competent person makes a written minutes of the administrative violation and conducts the temporary seizure at the same time, it is not required to make a written minutes of the temporary seizure. In this case, the written administrative violation minutes must clearly indicate the name, quantity, type and condition of the temporarily seized material evidence or means used in the administration violation, license or practice certificate;

c/ Within 24 hours after making a written minutes of the violation, the minutes maker shall report thereon to a person competent to temporarily seize the material evidence or means used in the administrative violation, license or practice certificate for the latter to decide on the temporary seizure; a copy of the temporary seizure decision shall be handed to the violator or the representative of the violating organization;

d/ In case no temporary seizure decision is issued, the temporarily seized material evidence or means used in the administrative violation, license or practice certificate must be immediately returned to its owner;

dd/ For material evidence being perishable goods, the persons temporarily seizing such goods shall promptly report thereon to their direct superiors for handling and pay compensations in accordance with law in case these goods decay or are lost.”;

dd/ To add Points c and d below Point b, Clause 5a as follows:

“c/  Oversized and overweight goods as prescribed by law;

d/ Other goods that cannot be sealed as prescribed by law.”.

26. To amend and supplement a number of points and clauses of Article 126 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. Persons issuing decisions on temporary seizure of material evidence or means used in administrative violations, licenses or practice certificates shall handle them by the methods stated in sanctioning decisions or return them to the violators, in case the confiscation of temporarily seized material evidence or means or deprivation of the right to use licenses or practice certificates is not applied.

Material evidence or means which are temporarily seized as they have been illegally appropriated or used for commission of administrative violations and subject to confiscation shall be returned to their lawful owners, managers or users; in this case, violators shall pay a sum of money equal to the value of the material evidence or means to the state budget. In case the owners, managers or users intentionally let the violators use material evidence or means in administrative violations under Article 26 of this Law, such material evidence or means shall be confiscated into the state budget. 

For the material evidence or means used in an administrative violation which is subject to confiscation but has been registered for the security interest of mortgage of property in accordance with the civil law, the mortgagee may receive the material evidence or means or a sum of money corresponding to the secured obligation; the violator shall pay a sum of money equal to the value of the material evidence or means into the state budget.

For the temporarily seized material evidence or means used in an administrative violation that is the collateral of a non-performing loan, after the temporary seizure is terminated according to regulations and if the violation is not subject to the application of the measure of confiscation of material evidence or means, the person issuing the temporary seizure decision shall return the material evidence or means at the request of the secured party, which is a credit institution, foreign bank branch, or debt trading and handling organization.”.

b/ To add Point c below Point b, Clause 4, Article 126 as follows:

“c/ After the period for the second notification specified at Point b of this Clause, the person competent to issue a temporary seizure decision shall handle the material evidence or means used in the administrative violation under Point dd, Clause 4, Article 125 of this Law in case such material evidence or means is likely to be damaged or degraded in quality during the management and preservation process; or handle it under Clause 5 of this Article in case the material evidence or means used in the administrative violation is at risk of causing fire or explosion or environmental pollution or affecting public health during the management and preservation process.

The proceeds from the sale of the material evidence or means used in the administrative violation must be transferred to a temporary seizure account opened at the State Treasury. Past the time limit specified at Point b of this Clause, if the violator, or the lawful owner, manager or user of the material evidence or means does not come to receive it, the proceeds shall be remitted into the state budget.

The handling of material evidence and means used in administrative violations in case the violators, and lawful owners, managers or users cannot be identified must comply with the Government’s regulations.”.

27. To add the phrase “a person competent to make a written minutes of an administrative violation” in Clause 1, Article 59 after the phrase “in case of necessity”.

28. To replace a number phrases in a number of articles, clauses and points as follows:

a/ The phrase “communes, wards and townships” in Clause 3, Article 2; Point a, Clause 2, Article 6; the title of Article 89; Clauses 1 and 2, Article 89; the title of Article 90; Clause 7, Article 90; Clauses 3 and 4, Article 92; Point b, Clause 1, Article 94; the title of Article 97; Clauses 1, 2 and 3, Article 97; the title of Article 98; Clauses 1, 2, 3, 4 and 5, Article 98; Clause 1, Article 105; Clause 1, Article 108; the title of Article 109; the title of Clause 1, Article 109; Points a and c, Clause 1, and Clause 3, Article 109; Clause 1, Article 114; Article 117; Point a, Clause 6, Article 131; and Clause 1, Article 136 with the phrase “communes, wards and special zones”;

 b/ The phrase “commits for the last time the violation” at Point d, Clause 2, Article 6 with the phrase “commits the act”;

c/ The phrase “Sanctions and principles of application” in the title of Article 21 with the phrase “Principles of specifying sanctions”;

d/ The phrase “3 days” in Clauses 2 and 3, Article 62 with the phrase “5 working days”;

dd/ The phrase “after issuing a decision on non-institution of a criminal case” in Clause 3, Article 62 with the phrase “after the decision on non-institution of a criminal case takes effect”;

e/ The phrase “district-level medical examination and treatment establishments” at Point b, Clause 1, Article 76; and Point b, Clause 2, and Point b, Clause 4, Article 77 with the phrase “basic-level medical examination and treatment establishments”;

g/ The phrase “medical examination and treatment establishments from the district level or higher” at Point b, Clause 5, Article 92; Point d, Clause 2, Article 94; Point b, Clause 2, Article 96; and Point a, Clause 1, and Points a and c, Clause 2, Article 111 with the phrase “medical examination and treatment facility from the basic level or higher”;

h/ The phrase “The chief of the district-level public security agency of the locality where the compulsory drug rehabilitation facility is based” in Clause 3, Article 118 with the phrase “The head of the competent commune-level public security agency”;

i/ The phrase “temporarily deposited” in Clause 3, Article 126 with the phrase “temporarily seized”;

k/ The phrase “Chairpersons of district-level People’s Committees” in Clause 2, Article 129 with the phrase “Chairpersons of commune-level People’s Committees of localities where the individuals reside”;

l/ The phrase “commune-level People’s Committees” in Clause 1, Article 113; and at Point b, Clause 2, Article 131 with the phrase “commune-level public security agencies”;

m/ The phrase “the district-level public security agency that has made the dossier” in Clause 3, Article 132 with the phrase “the commune-level public security agency that has made the dossier”;

n/ The phrase “District-level People’s Courts” in Clause 2, Article 105; Clause 3, Article 112; and Clause 3, Article 132 with the phrase “Regional People’s Courts”;

o/ The phrase “Directors of compulsory drug rehabilitation facilities” in Clause 3, Article 112; Clause 2, Article 114; Clause 1, Article 115; Article 117; Clause 3, Article 118; and Clause 2, Article 132 with the phrase “Heads of compulsory drug rehabilitation facilities”.

29. To remove a number of phrases in a number of points, clauses and articles as follows:

a/ The phrase “centrally run” in Clauses 1 and 3, Article 23; Clause 5, Article 122; and Point a, Clause 2, Article 131;

b/ The phrase “paragraph 1” in Clause 1, Article 57;

c/ The phrase “District-level public security agencies or” in Clause 2, Article 97;

d/ The phrase “or the same-level public security agencies in case the provincial-level Departments of Public Security make dossiers of request” in Article 107;

dd/ The phrase “district-level” in Clause 3, Article 111; Clause 2, Article 113; Clause 2, Article 114; and Clause 1, Article 132;

e/ The phrase “same-level” in Clause 3, Article 113;

30. To annul Articles 38, 39, 40, 41, 42, 43, 43a, 44, 45, 45a, 46, 47, 48, 48a, 49 and 51, and Clause 2, Article 71.

Article 2. Effect

1. This Law takes effect on July 1, 2025.

2. The competence for sanctioning of administrative violations must comply with the Government’s decree on sanctioning of administrative violations in the fields of state management and the Government’s decree detailing the Law on Handling of Administrative Violations regarding the competence for sanctioning of administrative violations until they are replaced by other Government’s regulations, except the cases specified in Clause 3, Article 3 of this Law.

3. Article 8 of Resolution No. 190/2025/QH15 of February 19, 2025, of the 15^th National Assembly, on handling of a number of issues related to the reorganization of the state apparatus, ceases to be effective on the effective of this Law.

Article 3. Transitional provisions

From the effective of this Law:

1. In case an administrative violation has been detected and is being considered and handled, but the competent agency or title holder that is handling the case ceases operation, the agency or title holder taking over the functions and tasks of the former shall, based on the geographical area or field of operation, continue to handle the case or transfer it to a competent person for handling in accordance with law.

2. For an administrative violation of which the sanctioning decision has been issued, the organization of the execution or enforcement, correction, amendment, supplementation or cancellation of the decision, and issuance of a new decision on administrative violation sanctioning shall continue to be implemented by the agency or title holder taking over the functions and tasks based in the geographical area or field of operation or be transferred to a competent person in accordance with law.

3. Chairpersons of commune-level People’s Committees shall perform the competence for sanctioning of administrative violations of chairpersons of the district-level People’s Committees, and the heads of the commune-level public security agencies shall perform the competence for sanctioning of administrative violations of the heads of the district-level public security agencies under the Government’s decrees on sanctioning of administrative violations in the fields under their state management until such decrees are replaced by the Government’s regulations or the Government’s decree detailing the Law on Handling of Administrative Violations regarding the competence for sanctioning of administrative violations takes effect.-

This Law was passed on June 25, 2025, by the 15^th National Assembly of the Socialist Republic of Vietnam at its 9^th session.

Chairman of the National Assembly
TRAN THANH MAN