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

 

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

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations No. 15/2012/QH13, which was amended and supplemented by 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 points and clauses of Article 6 as follows:

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

“a) The statute of limitations for handling administrative violations is 01 year, except for the following cases:

For administrative violations in accounting; invoices; fees, charges; insurance business; price management; securities; intellectual property; construction; fisheries; forestry; investigation, planning, exploration, exploitation, and use of water resources; oil and gas activities and other mineral activities; environmental protection;  atomic energy; house and office management and development; land; dike management; press; publication; production, export, import, and trading of goods; production and trading of banned or counterfeit goods; management of overseas labor; complaints, denunciations, petitions, and reflections, the statute of limitations for handling administrative violations is 02 years.

For administrative violations related to taxation and independent audit, the statute of limitations for handling administrative violations complies 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 handling administrative violations against individuals or organizations transferred by procedure-conducting agencies, the statute of limitations for handling administrative violations applied under Point a of this clause shall be extended by 01 year. The time for these procedure-conducting agencies to accept and examine the cases shall be counted into the statute of limitations for handling administrative violations;”.

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

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

1. Handling of administrative violations in the electronic environment shall be conducted when the conditions on infrastructure, technical means, and information are ensured.

2. Handling of administrative violations in the electronic environment shall ensure the following requirements:

a) Comply with the provisions of the law on handling administrative violations, the law on electronic transactions, and other relevant laws;

b) The collection, storage, exploitation, and use of data shall ensure integrity, authenticity, safety, correct purposes, and scope in accordance with the law;

c) System connection, data sharing, accurate and timely provision of information to serve state management and monitoring 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; archives; beliefs, religions; emulation and commendation; judicial administration; population; environmental sanitation; statistics; foreign affairs; complaints, denunciations, petitions, and reflections;”;

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, medical equipment; livestock; fertilizers; advertising; betting and prize-winning games; management of overseas labor; maritime navigation; civil aviation activities; management and protection of traffic works; information technology; telecommunications; radio frequencies; cybersecurity; network information security; data; digital technology industry; publication; printing; commerce; customs, tax procedures; lottery business; insurance business; thrift practice, waste prevention; explosive material management; 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 environmental protection of seas and islands; real estate business;”;

d) To amend and supplement Clause 3 as follows:

“3. Maximum fine levels applicable to the fields of taxation; metrology; food safety; quality of products and goods; securities; competition; independent audit; protection of personal data comply with relevant laws.”.

4. To add Article 37a to Chapter II, Part Two and after Article 37 as follows:
“Article 37a. Competence to impose administrative sanctions

1. Persons competent to impose administrative sanctions under the provisions of this Law include:

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

b) Heads of organizations under Ministries, ministerial-level agencies assisting Ministers, Heads of ministerial-level agencies in performing state management tasks by sector, field; Heads of organizations under Ministries, ministerial-level agencies assigned inspection functions and tasks within the scope of state management of the Ministry or ministerial-level agency, except where the Ministry or ministerial-level agency has titles as stipulated at Point dd of this Clause;

c) Heads of specialized agencies under provincial-level People’s Committees; Heads of Sub-departments under Departments under Ministries and equivalent; Heads of Sub-departments under specialized agencies under provincial-level People’s Committees and equivalent;

d) Inspectors; Heads of Inspectorate Teams during the inspection period;

dd) Chief Inspectors of Inspectorates within the People’s Army, the People’s Public Security, the State Bank of Vietnam;

e) Chief Inspectors of Cipher Inspectorates; Heads of Inspectorates established under international treaties to which the Socialist Republic of Vietnam is a member;

g) Heads of inspection teams of Ministries, ministerial-level agencies during inspection periods;

h) Competent persons from the following agencies and forces: People’s Public Security; Border Guard; Coast Guard; Customs; Tax; Market Surveillance; Forestry and Forest Rangers; Fisheries and Fisheries Surveillance; Civil Judgment Enforcement;

i) Directors, Heads of representatives of Maritime Port Authorities, Inland Waterway Port Authorities, Aviation Port Authorities; Directors of Regional Radio Frequency Centers; Directors of Regional Social Insurance, Director of Vietnam Social Insurance; Directors of State Treasuries, Directors of Regional State Treasuries;

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

l) Chairperson of the Viet Nam Competition Commission, except where the Law on Competition provides otherwise regarding the competence to sanction acts of anti-competitive agreements, abuse of market dominance, abuse of monopoly position, economic concentration, and unfair competition;

m) Competent persons of the People’s Court;

n) Competent persons of the People’s Procuracy;

o) Heads of audit teams during audits, State Auditor Generals.

2. Based on the provisions at Points a, b, c, d, dd, e, g, h, i, k, and l Clause 1 of this Article, the Government shall detail the titles having authority to impose administrative sanctions; the authority to apply sanctioning forms and remedial measures of each title.

3. Based on the provisions at Points m, n, and o Clause 1 of this Article, the Standing Committee of the National Assembly shall detail the titles having authority to impose administrative sanctions; the authority to apply sanctioning forms and remedial measures of each title.

4. In case of establishment of new agencies or forces not yet regulated at Points a, b, c, d, dd, e, g, h, i, k, and l Clause 1 of this Article and not falling under Article 53 of this Law, the authority to impose administrative sanctions of titles in newly established agencies or forces shall be stipulated by the Government after obtaining approval from the Standing Committee of the National Assembly. The Government is responsible for reporting to the National Assembly at the nearest session.”.

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

a) To amend and supplement Clause 1 as follows:

“1. The competence to impose administrative sanctions of a title is the competence to apply to one administrative violation; in case of a monetary fine, the sanctioning competence against an organization shall be 02 times that against an individual.

In the case of fines for administrative violations in the inner city areas of cities in fields specified in Clause 1 Article 23 of this Law, the titles having sanctioning competence for such administrative violations as stipulated by the Government shall also have corresponding competence to apply higher fines for violations stipulated by the People's Council of the city.”;

b) To amend and supplement Clause 3 as follows:

“3. Chairpersons of People’s Committees at all levels shall have the authority to impose administrative sanctions in fields of state management in the locality.

Persons with authority to impose administrative sanctions as stipulated at Points b, c, d, dd, e, g, h, i, k, and l Clause 1 Article 37a of this Law shall have authority to impose administrative sanctions in the field or sector they manage.

In case an administrative violation falls under the competence of multiple persons, the handling administrative violations 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, functions, and powers of the post holders competent to impose administrative sanctions

1. In cases where the title competent to impose administrative sanctions as prescribed by the Government undergoes a change in name but not in functions or powers, then the authority to impose administrative sanctions of that title shall remain unchanged.

2. In cases where the title competent to impose administrative sanctions as prescribed by the Government undergoes changes in functions or powers due to organizational restructuring of the state apparatus, the authority to impose administrative sanctions shall continue to be exercised by the title that receives the corresponding functions, duties, and powers in each area of state management.”

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

“1. The person competent to impose administrative sanctions who is the head of an agency or unit as specified in Article 37a of this Law may delegate the authority to impose administrative sanctions to a deputy.”

8. To amend and supplement Article 56 as follows:

“Article 56. Handling administrative violations without written record

1. Handling administrative violations without written record shall apply to the following cases:

a) Issuing a warning or imposing a fine of up to VND 500,000 for individuals, or VND 1,000,000 for organizations;

b) The violation is transferred by a competent authority conducting criminal proceedings in accordance with Clause 1 Article 63 of this Law.

2. In cases where administrative violations are detected using technical, professional means or equipment, a written record shall be made.

3. In cases where handling administrative violations without written record as specified at Point a Clause 1 of this Article, the competent person shall issue a sanctioning decision on the spot.”

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. Upon detecting administrative violations in the fields under their respective management, a competent person performing official duties shall promptly make a written record of the violation, except for cases where sanctions are imposed without a written record under Clause 1 Article 56 of this Law.

If the administrative violation occurs at sea, on inland waterways, aircraft, seagoing vessels, inland watercraft, or trains, the competent person or the aircraft commander, captain, or train master shall organize the making of a record and hand to the competent person for sanctioning when the aircraft, ship, watercraft, or train arrives at the airport, seaport, or station.”

b) To amend and supplement Point b Clause 3 as follows:

“b) Information on the record maker, the violating individual or organization, and related agencies, organizations, and individuals.

If the subject committing the violation cannot be identified, then it shall be noted that the violating individual or organization cannot be determined;”

c) To amend and supplement Clause 5 as follows:

“5. The completed administrative violation record shall be handed to the violating individual or organization (one copy); if the violation is not under the sanctioning competence of the record maker, the record and other relevant documents shall be promptly handed to the competent authority, except for violations occurring at sea, on inland waterways, aircraft, seagoing vessels, inland watercraft, or trains.”

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

“3. The person competent as prescribed in Clause 1 of this Article shall conduct, assign, or coordinate the verification process and shall take legal responsibility for the 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 administrative violation material evidence and means for use a basis for determination of fine frames and sanctioning competence, the competent person handling the case may issue a decision to temporarily seize the material evidence or means and set up Valuation Councils. The Valuation Council is composed of the person issuing the decision on temporary seizure of administrative violation material evidence and means as the Chairperson of councils, a representative of the same-level financial authority, and a representative of the relevant specialized agency as members.

The time limit for temporary seizure to determine the value of the administrative violation material evidence or means shall not exceed 05 working days from the date of the seizure decision. All expenses related to the temporary seizure, valuation, and damages caused by the seizure shall be paid by the agency of the person issuing the seizure decision.”

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

“1. During the process of considering and handling a violation, if the act shows signs of a criminal offense, the competent person handling the case shall transfer the file related to the act showing criminal signs to a criminal procedure-conducting agency.

The transfer of the administrative violation material evidence or means that shows signs of a criminal offense shall be conducted in accordance with Government regulations.”

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

“1. For cases handled and resolved by competent criminal procedure-conducting agencies, but later one of the following decisions is issued: decision not to initiate criminal proceedings, decision to cancel the decision to initiate criminal proceedings, decision to suspend the investigation, decision to suspend the case, decision to suspend the case against the accused, or exemption from criminal liability under a judgment, if the act shows signs of an administrative violation, the competent person of the handling agency shall impose administrative sanctions accordingly. In case of lacking competence to impose administrative sanctions, the decision, together with the case file (authenticated copies), the administrative violation material evidence or means, except in cases where the material evidence and means constitute evidence, and a written request for administrative sanctioning shall be transferred to the competent person within 05 working days from the effective date of the decision.”

14. To amend and supplement Article 70 as follows:

“Article 70. Sending the administrative sanctioning decision for enforcement

1. Within 03 working days from the date of issuing a decision to sanction an administrative violation, the person who issued the decision shall send it to the sanctioned individual or organization, the fine-collecting agency, and other relevant agencies (if any) for enforcement.

2. The sanctioning decision may be sent using one of the following methods:

a) Direct hand to the sanctioned individual or organization;

b) Send via postal services with delivery confirmation;

c) Send via electronic means;

d) If the methods at Points a, b, and c of this Clause cannot be implemented, the decision shall be publicly posted at the residence of the individual or the office of the organization being sanctioned, or sent to the commune-level People’s Committee of the place of residence or office for public posting.

3. The process of sending the administrative sanctioning decision for enforcement shall be conducted in accordance with Government regulations.”.

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

“1. In cases where the individual or organization subject to administrative sanctions cannot comply with the sanctioning decision at the location where the agency of the person who issued the decision is headquartered, the decision shall be sent to the same-level agency at the place where the individual resides or the organization is located for enforcement; if there is no same-level agency at such place, the sanctioning decision shall be sent to the commune-level People’s Committee for enforcement.”

16. To amend and supplement Article 87 as follows:

“Article 87. Competence to decide on enforcement measures

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

a) Persons competent to impose administrative sanctions who are heads or leaders of agencies or units as specified at Points a, b, c, dd, e, h, i, k, l, m, and n of Clause 1 Article 37a of this Law and Chief Auditor of the State Audit Office of Vietnam shall have authority to enforce administrative sanctioning decisions issued by themselves or by subordinates.

Competence to enforce decisions on administrative sanctions of the head of an audit team shall be conducted as prescribed by the Standing Committee of the National Assembly;

b) Competent persons of the agency receiving the sanctioning decision for the purpose of organizing its enforcement shall issue enforcement decisions or report to their superior for issuing an enforcement decision to implement the administrative sanctioning decision.

2. The competent persons to enforce as prescribed in Clause 1 of this Article may delegate this authority to a deputy. The delegation shall be stated in a written decision specifying the scope, content, and duration of delegation. The deputy assigned the authority shall be responsible before the head and before the law for performing the delegated duties. The delegated person shall not further delegate the assigned authority.”.

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 school

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

a) For a person under 18 years of age who has a stable place of residence and commits a violation, the Chief of the Commune-level Public Security where that person resides shall make a dossier of request for application of the measure of consignment to a reformatory school.

The dossier comprises: a summary of the personal background; documents on the person’s unlawful acts; educational measures already applied; the written explanation of the violating person; opinions of their parents or other legal representatives; opinions of the school, agency, or organization where the individual under 18 is studying or working (if any); and other relevant documents.

b) For a person under 18 years of age who has no stable place of residence, the Chief of the Commune-level Public Security where the act was committed shall make a dossier of request for application of the measure of consignment to a reformatory school.

The dossier comprises: a record of the violation; a summary of the personal background; documents on the person’s unlawful acts; verification results on previous convictions or administrative sanctions; educational measures already applied (if any); the written explanation of the violating person; opinions of their parents or other legal representatives.

2. If the dossier is initially handled, investigated, or processed by a provincial-level public security department, but the individual under 18 years of age does not meet the threshold for criminal prosecution and falls within the category subject to placement in a reformatory school under Article 92 of this Law, then the agency handling the case shall complete the violation dossier and transfer it to the competent commune-level public security for making the dossier of request for application of the measure of consignment to a reformatory school for that person.

If the dossier transferred by the provincial-level unit is incomplete, the Chief of the commune-level public security shall return it to the transferring agency for supplementation. The supplementation period is 2 working days from the date the dossier is returned. Within 2 working days from the date of receiving the complete dossier, the Chief of the commune-level public security shall complete the dossier and request the Regional People's Court to apply the measure of consignment to a reformatory school.

The dossier comprises: a summary of the personal background; documents on the person’s unlawful acts; educational measures already applied; the written explanation of the violating person; opinions of their parents, guardian, or other legal representatives.

3. Agencies and units of the provincial-level public security and commune-level public security competent to make dossiers of request for application of the measure of consignment to a reformatory school are responsible for the legality of the documents and the dossier. After completing the dossier of request, the commune-level public security that making the dossier shall provide written notice to the person requested for the application of the measure, and to his/her parents or other lawful representative, regarding the making of the dossier. These persons have the right to review the dossier and make necessary notes within 3 working days from the date of receiving the notice.”

18. To amend and supplement Article 100 as follows:

“Article 100. Consideration of and decision on transfer of dossiers of request application of the measure of consignment to reformatory school by Regional People’s Court

1. Within 3 working days from the end of the dossier review period as specified in Clause 3, Article 99 of this Law, the Chief of the commune-level public security shall decide on the transfer of dossiers of request application of the measure of consignment to reformatory school by Regional People’s Court.

2. The dossier submitted to the Regional People’s Court for consideration and decision comprises:

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

b) A written request from the Chief of the commune-level public security for consideration and application of the measure of consignment to reformatory school.

3. The dossier of request for application of the measure of consignment to reformatory shall be marked with signs for filing and archived in accordance with the law on archive.”

19. To amend and supplement Article 101 as follows:

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

1. The making of the dossier of request for application of the measure of consignment to compulsory education institution for the persons specified in Article 94 of this Law is conducted as follows:

a) For violators who have stable places of residence, the Chief of the commune-level public security where the person resides shall make the dossier of request for application of the measure of consignment to compulsory education institution.

The dossier comprises: a summary of the personal background; documents on the person’s unlawful acts; educational measures already applied; a written explanation from the violator or their legal representative; and other relevant documents.

b) For persons not residing in the location where the unlawful act was committed, the Chief of the commune-level public security shall conduct verification; if a place of residence is confirmed, the person and the violation record shall be transferred to the local authority for handling. If no place of residence can be identified, the Chief of the commune-level public security where the act occurred shall make the dossier of request for application of the measure of consignment to compulsory education institution.

The dossier comprises: the violation record; a summary of the personal background; documents on the person’s unlawful acts; verification results on previous convictions or administrative sanctions; educational measures already applied (if any); and the written explanation of the violator or their legal representative.

2. In the case where the Director of a compulsory detoxification establishment makes a dossier of request for application of the measure of consignment to compulsory education institution in accordance with Clause 3, Article 118 of this Law, the dossier comprises: the current compulsory detoxification records; the record of the new violation; and the written request from the Director of the center. Within 3 working days from the date of recording the new violation, the Director shall send the dossier to the competent commune-level public security. In case the violation dossier transferred by the Director of the compulsory detoxification establishment is incomplete, the commune-level police shall return the dossier to that Director for supplementation; the time limit for supplementation is 02 working days from the date of receipt of the returned dossier. Within 02 working days from the date of receipt of the complete dossier, the commune-level public security shall complete the dossier of request submitted to the Regional People’s Court for the application of the measure of consignment to compulsory education institution.

3. In case the violator is directly detected, investigated, and handled in law violation cases by a department or unit under the provincial-level Public Security authority, but the act does not constitute a criminal offense and the violator falls under the category subject to consign to compulsory education institution as prescribed in Article 94 of this Law, the agency or unit handling the case shall complete the violation dossier and transfer it to the competent commune-level public security for the making dossier of request for application of the measure of consignment to compulsory education institution. In case the violation dossier transferred by a department or unit under the provincial-level Public Security authority is incomplete, the commune-level police shall return the dossier to such department or unit for supplementation; the time limit for supplementation is 02 working days from the date of receipt of the returned dossier. Within 02 working days from the date of receipt of the complete dossier, the commune-level public security shall complete the dossier of request submitted to the Regional People’s Court for the application of the measure of consignment to compulsory education institution.

The dossier comprises: a summary of the personal background; documents on the person’s unlawful acts; educational measures already applied; and a written explanation of the violator or their legal representative.

4. The Director of the compulsory detoxification center, the provincial-level public security units specified in Clause 3 of this Article, and the commune-level public security shall be responsible for the legality of the documents and dossiers of request. After completing the dossier of request, the commune-level public security shall provide written notice to the person requested for the application of the measure or to his/her lawful representative regarding the making of the dossier. These persons have the right to review and make necessary notes within 3 working days from the date of receiving the notification.”

20. To amend and supplement Article 102 as follows:

“Article 102. Consideration of and decision on transfer of dossiers of request application of the measure of consignment to compulsory education institution by Regional People’s Court

1. Within 3 working days from the end of the review period as specified in Clause 4, Article 101 of this Law, the Chief of the commune-level public security shall decide on transfer of dossiers of request application of the measure of consignment to compulsory education institution by Regional People’s Court.

2. A dossier of request for consideration and decision on application of the measure of consignment to compulsory education institution by a regional people’s court comprises:

a) A dossier of request for application of the measure of consignment to compulsory education institution specified in Articles 101 and 118 of this Law;

b) A written request from the Chief of the commune-level public security for consideration and application of the measure of consignment to compulsory education institution.

4. The dossier of request for application of the measure of consignment to compulsory education institution shall be marked with signs for filing and archived in accordance with the law on archive.”

21. To amend and supplement Article 103 as follows:

“Article 103.  Making of dossiers of request for application of the measure of consignment to compulsory detoxification establishment

1. The making of dossiers of request for application of the measure of consignment to compulsory detoxification establishment for drug addicts as prescribed in Article 96 of this Law shall be conducted as follows:

a) In cases where the drug addict has a stable place of residence, the Chief of the Commune-level Public security where such person resides shall make the dossier of request for application of the measure of consignment to compulsory detoxification establishment;

b) In cases where the drug addict does not have a stable place of residence, the Chief of the Commune-level Public security where such person has committed the act in violation of law shall make the dossier of request for application of the measure of consignment to compulsory detoxification establishment;

c) In cases where the drug addict is directly detected, investigated, or handled by a provincial-level Public security agency or unit in relation to a legal violation and falls under the category subject to consign to compulsory detoxification establishment as prescribed in Article 96 of this Law, the agency or unit handling the case shall complete the violation dossier and transfer it to the competent Commune-level Public security for making of the dossier of request for application of the measure of consignment to compulsory detoxification establishment. Where the violation dossier transferred by the provincial-level Public security agency or unit is incomplete, the Commune-level Public security shall return the dossier for supplementation; the time limit for supplementation shall be 02 working days from the date of receipt of the returned dossier. Within 02 working days from the date of receipt of the complete dossier, the Commune-level Public security shall finalize the dossier requesting the Regional People’s Court to apply the measure of consignment to compulsory detoxification establishment;

d) The dossier of request as prescribed at Points a, b, and c of this Clause comprises: the violation record; summary of personal background; documents proving the current drug addiction status of the individual; written statement of the drug addict or their lawful representative, and other relevant documents;

dd) In cases where the drug addict voluntarily reports to the Commune-level Public security about their addiction status and submits an application for consignment to compulsory detoxification establishment, the dossier of request comprises: the voluntary application for rehabilitation; summary of personal background; documents proving the current drug addiction status of the individual; written statement of the drug addict or their lawful representative, and other relevant documents.

The documents proving the current drug addiction status of the individual shall be provided as follows: if the person possesses a certificate of addiction diagnosis issued by a competent authority within a period not exceeding 06 months from the date of issuance, such certificate shall be used; if the person does not have a certificate of addiction diagnosis or the certificate has expired for more than 06 months from the date of issuance, the Commune-level Public security shall guide the individual to undergo the addiction diagnosis process.

2. Agencies or units of Provincial-level Public security and Commune-level Public security that making dossiers of request for application of the measure of consignment to compulsory detoxification establishment shall be responsible for the legality of the documents and the dossier of request. After completing the dossier of request, the commune-level public security that making the dossier shall provide written notice to the person requested for the application of the measure of consignment to compulsory detoxification establishment, or their lawful representative about the making of the dossier. These persons have the right to review the dossier and make necessary notes within 3 working days from the date of receiving the notice.”

22. To amend and supplement Article 104 as follows:

“Article 104. Consideration of and decision on transfer of dossiers of request application of the measure of consignment to compulsory detoxification establishment by regional people’s courts

1. Within 03 working days from the end of the dossier review period as prescribed in Clause 2 Article 103 of this Law, the Chief of the Commune-level Public security shall decide on the transfer of the dossier of request application of the measure of consignment to compulsory detoxification establishment by regional people’s courts.

2. A dossier of request for consideration and decision on application of the measure of consignment to compulsory detoxification establishment by a regional people’s court comprises:

a) A dossier of request for application of the measure of consignment to compulsory detoxification establishment specified in Articles 103 of this Law;

b) A written request from the Chief of the Commune-level Public security for consideration and application of the measure of consignment to compulsory detoxification establishment.

3. The dossier of request for application of the measure of consignment to compulsory detoxification establishment shall be marked with signs for filing and archived in accordance with the law on archive.”

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

“1. Within 05 days from the date of receipt of the decision on consignment to reformatory school, a decision on consignment to compulsory education institution or a decision on consignment to compulsory detoxification establishment, the Public Security agency shall make a request for the transfer of the individual subject to such decision to the reformatory school, compulsory educational institution, or compulsory detoxification establishment.”

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

“1. In the case specified in Clause 1 Article 122 of this Law, the following persons competent to impose administrative sanctions shall have the power to decide on holding persons according to administrative procedures:

a) Chairpersons of the People’s Committees at all levels;

b) Chiefs of commune-level Public security; Heads of professional divisions under Departments of Professional Affairs of the Ministry of Public Security; Heads of professional divisions under the Provincial Public security Departments or equivalent positions in the People’s Public Security forces;

c) Chief of a Border Post; Commander of the Border Guard Command at a port border gate; Chief of a Naval Squad; Chief of a Naval Fleet; Chief of a Special Task Force for Drug and Crime Prevention and Control; Commander of the Border Guard Command;

d) Chief of a Maritime Squadron; Chief of a Maritime Fleet; Regional Commander; Chief of a Unit under the Vietnam Coast Guard;

dd) Head of a Forest Protection Sub-department; Chief of a Team; Head of a Sub-department; Head of a Station under agencies or units in charge of forestry, forest protection, fisheries, or fishery inspection;

e) Chief of a Customs Enforcement Team at a border gate; Chief of a Customs Enforcement Team outside the border gate; Chief of a Customs Control Team under a Regional Customs Sub-department; Chief of an Anti-Smuggling Control Team under the Anti-Smuggling Investigation Sub-department;

g) Chief of a Market Surveillance Team under a Sub-department of Market Surveillance affiliated to the Department of Industry and Trade; Head of a Market Surveillance Operations Division under the Department of Domestic Market Management and Development;

h) Presiding judges of court hearings.”

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) In order to determine the administrative violation or to clarify the circumstances of the violation, where without temporary seizure there would be no basis to make a record of administrative violation or to issue a sanctioning decision, including cases of temporary seizure for the purpose of valuation of the violating object as a basis for determining the fine bracket and the competence for sanctioning as prescribed in Article 60 of this Law;”

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

“c) To ensure the enforcement of the sanctioning decision in accordance with Clauses 6 and 7 of this Article.”

c) To amend and supplement Clause 4 as follows:

“4. The temporary seizure of material evidences, means used for administrative violations, licenses, or professional practice certificates upon the existence of any ground specified in Clause 1 of this Article shall be conducted as follows:

a) The competent person handling the case shall make a record of temporary seizure of the material evidences, means used for administrative violations, licenses, or professional practice certificates in accordance with Clause 9 of this Article;

b) In case the person competent to make a record of administrative violation conducts the temporary seizure at the same time as making the administrative violation record, it shall not be required to make a separate record of temporary seizure. The record of administrative violation in this case shall clearly specify the name, quantity, type, and condition of the seized material evidences, means, licenses, or professional practice certificates;

c) Within 24 hours from the time of making the record, the person who made the record shall report to the competent person who has the authority to decide on the seizure regarding the seized material evidences, means, licenses, or professional practice certificates for consideration and issuance of a seizure decision; the seizure decision shall be delivered to the violator or the representative of the violating organization with one copy;

d) In case the seizure decision is not issued, the seized material evidences, means, licenses, or professional practice certificates shall be returned immediately;

dd) In case the material evidences is a perishable good, the person executing the seizure shall promptly report to his or her direct superior for handling. If such perishable good is damaged or lost, compensation shall be made in accordance with the provisions of law.”

dd) To add Points c and d after Point b Clause 5a as follows:

“c) Oversized or 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. The person issuing the decision on temporary seizure shall handle the seized material evidences, means used for administrative violations, licenses, or professional practice certificates in accordance with the measures specified in the sanctioning decision or shall return them to individuals or organizations if the form of sanction of confiscation of the seized material evidences or means, or revocation of licenses or professional practice certificates is not applied.

In case the material evidences or means currently under temporary seizure were misappropriated or unlawfully used for committing an administrative violation and are subject to confiscation, they shall be returned to the lawful owner, manager, or user; the violating individuals or organizations shall pay an amount equal to the value of such material evidences or means of the administrative violation into the state budget. In cases where the owner, manager, or lawful user is at fault for intentionally allowing the violator to use the material evidences or means used for administrative violations as prescribed in Article 26 of this Law, such material evidences or means shall be confiscated and submitted to the state budget.

With respect to material evidences or means subject to confiscation that have been registered as collateral under the provisions of civil law, the secured party shall be entitled to recover the material evidences or means or an equivalent value corresponding to the secured obligation; the violating individuals or organizations shall pay an amount equal to the value of such material evidences or means used for administrative violations into the state budget.

With respect to seized material evidences or means used for administrative violations that are collateral for non-performing loans, upon termination of the temporary seizure as prescribed and if not subject to confiscation, the person issuing the seizure decision shall return the material evidences or means at the request of the secured party being a credit institution, foreign bank branch, or debt trading and handling organization.”

b) To add Point c after Point b Clause 4 Article 126 as follows:

“c) After the second notice period as prescribed at Point b of this Clause, the competent person issuing the decision on temporary seizure shall: handle the material evidences or means in accordance with Point dd Clause 4 Article 125 of this Law in case the seized material evidences or means used for administrative violations are likely to deteriorate or degrade in quality during the management and preservation; or shall handle them in accordance with Clause 5 of this Article in case the seized material evidences or means pose risks of fire, explosion, environmental pollution, or adverse impacts on public health during the management and preservation.

The proceeds from the sale of the material evidences or means shall be deposited into a temporary account opened at the State Treasury. If, after the expiration of the time limit prescribed at Point b of this Clause, the violator, owner, manager, or lawful user of the material evidences or means does not come to receive them, the proceeds shall be paid into the state budget.

The handling of seized material evidences or means used for administrative violations in cases where the violator, owner, manager, or lawful user cannot be identified shall be conducted in accordance with the Government’s regulations.”

27. To add the phrase “the person competent to make the record of administrative violation or” after the phrase “in necessary cases” in Clause 1 Article 59.

28. To replace a number of words and phrases in the following articles, clauses, and points:

a) To replace the phrase “commune, ward, township” with the phrase “commune, ward, special zone” in Clause 3, Article 2; Point a, Clause 2, Article 6; name of Article 89; Clauses 1 and 2, Article 89; name of Article 90; Clause 7, Article 90; Clauses 3 and 4, Article 92; Point b, Clause 1, Article 94; name of Article 97; Clauses 1, 2 and 3, Article 97; name of Article 98; Clauses 1, 2, 3, 4 and 5, Article 98; Clause 1, Article 105; Clause 1, Article 108; name of Article 109; title of Clause 1, Article 109; Points a and c Clause 1, Clause 3, Article 109; Clause 1, Article 114; Article 117; Point a, Clause 6, Article 131; Clause 1, Article 136;

b) To replace the phrase “commit for the last time a violation” with the phrase “commit an act” at Point d Clause 2 Article 6;

c) To replace the phrase “Sanctions and principles of application” with the phrase “Principles for stipulating forms of sanctions” in the title of Article 21;

d) To replace the phrase “03 days” with the phrase “05 working days” in Clauses 2 and 3 Article 62;

dd) To replace the phrase “after issuing a decision not to institute a criminal case” with the phrase “from the effective date of the decision not to initiate criminal proceedings” in Clause 3 Article 62;

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

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

h) To replace the phrase “Chief of district-level Public security offices of localities where compulsory detoxification establishments are located” with the phrase “Chief of commune-level Public security having competence” in Clause 3 Article 118;

i) To replace the phrase “temporary deposit” with the phrase “temporary seizure” in Clause 3 Article 126;

k) To replace the phrase “Chairperson of district-level People’s Committee” with the phrase “Chairperson of commune-level People’s Committee where the individual resides” in Clause 2 Article 129;

l) To replace the phrase “commune-level People’s Committee” with the phrase “commune-level Public security authority” in Clause 1 Article 113, Point b Clause 2 Article 131;

m) To replace the phrase “district-level Public security where the dossier is made” with the phrase “commune-level Public security authority where the dossier is made” in Clause 3 Article 132;

n) To replace the phrase “District-level People’s Court” with the phrase “regional People’s Court” in Clause 2 Article 105, Clause 3 Article 112, Clause 3 Article 132;

o) To replace the phrase “Director of compulsory detoxification establishments” with the phrase “Head of compulsory detoxification establishments” in Clause 3 Article 112, Clause 2 Article 114, Clause 1 Article 115, Article 117, Clause 3 Article 118, Clause 2 Article 132.

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

a) To delete the phrase “under central authority” in Clause 1 and Clause 3 Article 23, Clause 5 Article 122, and Point a Clause 2 Article 131;

b) To delete the phrase “paragraph 1” in Clause 1 Article 57;

c) To delete the phrase “district-level public security or” in Clause 2 Article 97;

d) To delete the phrase “or equivalent-level public security authority in case the provincial-level public security making of the application dossier” in Article 107;

dd) To delete the phrase “at district level” in Clause 3 Article 111, Clause 2 Article 113, Clause 2 Article 114, and Clause 1 Article 132;

e) To delete the phrase “of the 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, 51 and Clause 2 of Article 71.

Article 2. Effect

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

2. The competence to impose administrative sanctions shall be exercised in accordance with the Government’s Decree on sanctioning of administrative violations in sectors under state management and the Government’s Decree detailing the Law on Handling of Administrative Violations regarding competence in imposing administrative sanctions, until a replacing regulation is promulgated by the Government, except for the case specified in Clause 3 Article 3 of this Law.

3. The provisions of Article 8 of the XV^th National Assembly’s Resolution No. 190/2025/QH15 dated February 19, 2025 regulating the settlement of certain issues related to the reorganization of the state apparatus shall cease to be effective as from the effective date of this Law.

Article 3. Transitional provisions

From the effective date of this Law:

1. In case an administrative violation has been detected and is in the process of being considered and handled, but the authority or title currently handling the case ceases to operate, the authority or title which assumes the functions and duties according to the locality or sector shall continue to handle the case or transfer it to the competent person for handling in accordance with the provisions of law.

2. In case an administrative violation has been subject to a sanctioning decision, the organization of enforcement, coercive enforcement of sanctioning decisions, rectification, amendment, supplementation, annulment, and promulgation of new decisions in administrative sanctioning shall be conducted by the authority or title assuming the functions and duties according to the locality or sector, or shall be transferred to the competent person for implementation in accordance with the provisions of law.

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

 

CHAIRMAN OF THE NATIONAL ASSEMBLY Tran Thanh Man