Luật Xử lý vi phạm hành chính sửa đổi 2025

LAW

AMENDMENTS TO LAW ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS

Pursuant to the Constitution of the Socialist Republic of Vietnam, as amended by the Resolution No. 203/2025/QH15;

The National Assembly of Vietnam hereby promulgates a Law on Amendments to the Law on Penalties for Administrative Violations No. 15/2012/QH13, as amended by the Law No. 54/2014/QH13, the Law No. 18/2017/QH14, the Law No. 67/2020/QH14, the Law No. 09/2022/QH15, the Law No. 11/2022/QH15 and the Law No. 56/2024/QH15.

Article 1. Amendments to Law on Penalties for Administrative Violations

1. Some points and clauses of Article 6 are amended as follows:

a) Point a Clause 1 is amended as follows:

 “a) The prescriptive period for imposition of penalties for an administrative violation shall be 01 year, except in the following cases:

...

...

...

The prescriptive period for imposition of penalties for administrative violations against regulations on taxation and independent audit shall be determined in accordance with regulations of law on tax administration and law on independent audit.”;

b) Point c Clause 1 is amended as follows:

“c) Regarding administrative violations received from presiding agencies, the prescriptive period prescribed in point a of this clause shall apply and may be extended by 01 year. The period of time the presiding agency spends on handling the violation shall also be included in the prescriptive period of the violation;”.

2. Article 18a is added following Article 18 as follows:

 “Article 18a. Online handling of administrative violations

1. Administrative violations may be considered and handled online if infrastructure, technical and information conditions are satisfied.

2. Online handling of administrative violations must meet the following requirements:

a) Strictly comply with regulations of the law on penalties for administrative violations, the law on electronic transactions and relevant laws;

b) Ensure the integrity, authenticity, safety, purposes and extent of data during the collection, storage, access to and use of data in accordance with regulations of law;

...

...

...

3. The Government shall elaborate this Article.”.

3. Some points and clauses of Article 24 are amended as follows:

a) Point a Clause 1 is amended as follows:

 “a) A fine of up to VND 30.000.000 shall be imposed for any of the violations committed in such sectors as marriage and family; gender equality; domestic violence; archives; beliefs and religions; emulation and rewards; judicial administration; population; environmental sanitation; statistics; foreign affairs; complaints, denunciations, petitions and feedbacks;”;

b) Point dd Clause 1 is amended as follows:

 “dd) A fine of up to VND 100.000.000 shall be imposed for any of the violations committed in such sectors as flood control systems; medical examination and treatment; cosmetics; pharmaceuticals, medical devices; animal husbandry; fertilizers; advertisement; betting and games of chance; foreign worker management; maritime transport; civil aviation operations; traffic works management and protection; information technology; telecommunications; radio frequencies; cybersecurity; cyberinformation security; data; digital technology industry; publishing; printing; commerce; customs, tax procedures; lottery business; insurance business; thrift practice and waste combat; management of explosive materials; electricity;”;

c) Point i Clause 1 is amended as follows:

 “i) A fine of up to VND 500.000.000 shall be imposed for any of the violations committed in such sectors as construction; forestry; land; integrated natural resource management and environmental protection for sea and islands; real estate business;”;

d) Clause 3 is amended as follows:

...

...

...

4. Article 37a is added following Article 37 to Chapter II of Part 2 as follows:

 “Article 37a. Power to impose penalties for administrative violations

1. Persons who have the power to impose penalties for administrative violations as prescribed in this Law include:

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

b) Heads of organizations affiliated to Ministries or ministerial agencies in charge of assisting Ministers or heads of ministerial agencies in perform state management tasks in specific industries or sectors; Heads of organizations affiliated to Ministries or ministerial agencies assigned to perform inspection functions and tasks within the scope of state management of such Ministries or ministerial agencies, except those Ministries or ministerial agencies having the titles prescribed in point dd of this clause;

c) Heads of specialized agencies affiliated to provincial-level People's Committees; heads of Sub-departments of Departments affiliated to Ministries and equivalents; Heads of Sub-departments of specialized agencies affiliated to provincial-level People's Committees and equivalents;

d) Inspectors; Heads of Inspection Teams during inspection periods;

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

e) Chief Inspector of the Inspectorate of the Government Cipher Committee; Heads of Inspection Agencies established under international conventions to which the Socialist Republic of Vietnam is a signatory;

...

...

...

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

i) Directors or Chief Representatives of Maritime Administrations, Inland Waterway Administrations, and Airport Authorities; Directors of Regional Radio Frequency Centers; Directors of Regional Social Insurance Offices, and Director of Vietnam Social Security; Director of the State Treasury, and Directors of Regional State Treasuries;

k) Chairperson of the Commission for the Standards, Metrology and Quality of Vietnam; Chairperson of the State Securities Commission of Vietnam; Head of the Government Cipher Committee; heads of diplomatic missions, consular missions and other agencies performing consular tasks of the Socialist Republic of Vietnam in foreign countries;

l) Chairperson of Vietnam Competition Commission, unless the Competition Law provides specific regulations on authority to impose penalties for violations against regulations on anti-competitive agreements, abuse of dominant position or monopoly position, economic concentration or unfair competition;

m) Competent officials of People’s Courts;

n) Competent officials of People's Procuracies;

o) Heads of audit teams, during audit periods, Auditor General of the State Audit Office.

2. Pursuant to provisions of points a, b, c, d, dd, e, g, h, i, k and l clause 1 of this Article, the Government shall provide detailed regulations on title holders competent to impose penalties for administrative violations; specific penalties and remedial measures to be imposed by each title holder.

3. Pursuant to provisions of points m, n and o clause 1 of this Article, the Standing Committee of the National Assembly shall provide detailed regulations on title holders competent to impose penalties for administrative violations; specific penalties and remedial measures to be imposed by each title holder.

...

...

...

5. Some clauses of Article 52 are amended as follows:

a) Clause 1 is amended as follows:

“1. The penalties imposed by a title holder are those imposed for an administrative violation. In case of fines, the fine imposed upon an organization is twice as much as that imposed upon an individual by the same title holder.

In case of fines imposed for the administrative violations committed within urban areas of cities in the sectors specified in clause 1 Article 23 of this Law, title holders with the power to impose fins for the administrative violations specified by the Government also have the power to impose higher fines for the administrative violations specified by People's Councils of such cities.”;

b) Clause 3 is amended as follows:

“3. Chairpersons of the People’s Committees at all levels shall have the power to impose penalties for administrative violations in state management sectors in their administrative divisions.

Persons having power to impose penalties for administrative violations prescribed in points b, c, d, dd, e, g, h, i, k and l clause 1 Article 37a of this Law shall have the power to impose penalties for administrative violations in sectors or industries under their management.

If an administrative violation falls under the power of several persons, the person who handles the violation first shall consider imposing penalties for such violation.”.

6. Article 53 is amended as follows:

...

...

...

1. In case there are changes in names of title holders having power to impose penalties for administrative violations specified by the Government but their tasks and powers remain unchanged, the power to impose penalties for administrative violations granted to such title holders shall also remain unchanged.

2. In case there are changes in tasks and powers of the title holders having the power to impose penalties for administrative violations specified by the Government due to arrangement and organization of the state apparatus, the power to impose penalties for administrative violations shall be exercised by the title holders receiving such functions, tasks and powers in each corresponding state management sector.".

7. Clause 1 Article 54 is amended as follows:

“1. Persons having the power to impose penalties for administrative violations who are leaders or heads of the agencies or units prescribed in Article 37a of this Law may assign their deputies to exercise the power to impose penalties for administrative violations.”.

8. Article 56 is amended as follows:

“Article 56. Imposition of penalties for administrative violations without violation records

1. Penalties for administrative violations may be imposed without violation records in the following cases:

a) A warning or a fine of up to VND 500.000 or up to VND 1.000.000 is imposed upon an individual or an organization respectively;

b) Violations are received from authorities competent to institute criminal proceedings as prescribed in clause 1 Article 63 of this Law.

...

...

...

3. In case of imposition of penalties for administrative violations without violation records as prescribed in point a clause 1 of this Article, persons having the power to impose penalties shall issue on-the-spot penalty imposition decisions.”.

9. Some points and clauses of Article 58 are amended as follows:

a) Clause 1 is amended as follows:

“1. When detecting any administrative violations in sectors under their management, competent persons on duty must promptly make written records of administrative violations, except for cases where penalties for administrative violations are imposed without violation records as prescribed in clause 1 Article 56 hereof.

If an administrative violation occurs at sea, on inland waterway, or aboard aircraft, seagoing vessel, inland waterway ship or train, the competent person or pilot in command, vessel captain or trainmaster shall make a record of that administrative violation and immediately transfer it to the person having the power to impose penalties for administrative violations whenever that aircraft, seagoing vessel, inland waterway ship or train arrives at the airport, terminal or train station.”;

b) Point b Clause 3 is amended as follows:

“b) Information about the record maker, violating individual or organization, and other individuals or organizations involved.

Where it is unable to determine the entity that has committed the violation, the phrase "không xác định được cá nhân, tổ chức vi phạm” (“unidentified violating entity”) shall be indicated;”;

c) Clause 5 is amended as follows:

...

...

...

10. Clause 3 is added following clause 2 Article 59 as follows:

“3. Competent persons prescribed in clause 1 of this Article shall themselves carry out, or assign or cooperate with others in carrying out verifications, and assume legal responsibility for verification results.”.

11. Clause 3 Article 60 is amended as follows:

“3. If the value of exhibits and instrumentalities of the violation, which is used as the basis for determining the fine bracket and the power to impose penalties, can not be determined according to provisions of clause 2 of this Article, the competent person who is handling the case may issue a decision to impound exhibits and instrumentalities of the violation and establish a valuation council in charge of valuing such exhibits and instrumentalities. Such a valuation council is composed of a Chairperson who is the person issuing the decision to impound exhibits and instrumentalities of the violation, and other members who are representatives of the same-level finance authority and relevant specialized agencies.

Exhibits and instrumentalities of the violation may be impounded for a maximum period of 05 working days from the issue date of the impoundment decision. All costs incurred from the impoundment, valuation and damage caused by such impoundment shall be covered by the agency of the person issuing the impoundment decision.”.

12. Clause 1 Article 62 is amended as follows:

“1. During the consideration of an administrative violation, if the violation is suspected of a crime, the competent person who is handling the case must transfer all documents relating to the violation suspected of crime to the authority competent to institute criminal proceedings.

Transfer of exhibits and instrumentalities of the violation suspected of a crime shall comply with the Government’s regulations.”.

13. Clause 1 Article 63 is amended as follows:

...

...

...

14. Article 70 is amended as follows:

“Article 70. Delivery of decisions to impose administrative penalties for execution

1. Within 03 working days from the issue date of a decision to impose penalties for administrative violation, the person who issues the decision shall send it to the violating individual or organization, the agency in charge of collecting fines, and other relevant agencies (if any) for execution.

2. Such a penalty imposition decision may be sent in one of the following forms:

a) Direct delivery to the violating individual or organization;

b) By post, in the form of registered mail;

c) By electronic means;

d) If the penalty imposition decision cannot be delivered in any of the forms specified in points a, b and c of this clause, it shall be openly posted at the place of residence of the violating individual or at the headquarters of the violating organization or sent to the People’s Committee of commune-level administrative division where the violating individual resides or where the violating organization is headquartered for being openly posted.

3. Delivery of decisions to impose penalties for administrative violations for execution shall comply with the Government’s regulations.”.

...

...

...

“1. In case the violating individual or organization is unable to execute the penalty imposition decision at the place where the agency of the person issuing the penalty imposition decision is headquartered, the decision shall be transferred to the same-level agency in charge of the area where the violating individual resides or where the violating organization is headquartered for organization of execution thereof; if there is no same-level agency available at the area where the violating individual resides or where the violating organization is headquartered, the decision shall be transferred to the commune-level People’s Committee for organization of execution thereof.”.

16. Article 87 is amended as follows:

“Article 87. Power to issue enforcement decisions

1. The following persons shall have the power to issue enforcement decisions:

 a) The persons who have the power to impose penalties for administrative violations and are leaders or heads of the agencies or units specified in points a, b, c, dd, e, h, i, k, l, m and n clause 1 Article 37a hereof, and the Auditor General of the State Audit Office shall have the power to enforce decisions to impose penalties for administrative violations which they issued or those issued by their subordinates.

The power to enforce decisions to impose penalties for administrative violations of heads of audit teams shall be subject to regulations adopted by the Standing Committee of the National Assembly;

b) Competent persons of the agencies that receive decisions to impose penalties for administrative violations for organization of execution thereof shall themselves issue or request their superiors to issue decisions to enforce such received decisions.

2. The persons having the power to issue enforcement decisions as prescribed in clause 1 of this Article may delegate power to their deputies. A power delegation decision must be made and clearly indicate the scope, contents and validity period of such delegation of power. Delegated deputies must assume responsibility to their heads or leaders and legal responsibility for their exercise of delegated powers. Delegated deputies are not allowed to sub-delegate those powers to others.”.

17. Article 99 is amended as follows:

...

...

...

1. Preparation of request documentation for sending of the violating individuals prescribed in Article 92 of this Law to reform schools is subject to the following provisions:

a) With regard to a violating individual aged under 18 and having a stable place of residence, the chief of commune-level police office in charge of the place where such individual resides shall prepare the request documentation for imposition of "sending violating individuals to reform schools" measure.

The request documentation includes: the violating individual’s CV; documents on the committed violations; applied educational measures; the violating individual’s statement, opinions of his/her parents or other lawful representative, opinions from the school, agency or organization where he/she is studying or working (if any) and other relevant documents;

b) With regard to a violating individual aged under 18 without a stable place of residence, the chief of commune-level police office in charge of the place where such individual commits the violation shall prepare the request documentation for imposition of "sending violating individuals to reform schools" measure.

The request documentation includes: the record of violation; the violating individual’s CV; documents on the committed violations; report on verification of his/her previous convictions and offences; applied educational measures (if any); the violating individual’s statement, and opinions of his/her parents or other lawful representative.

2. If a person aged under 18 is found to be involved in a violation that is directly detected, investigated and handled or accepted by an agency or unit affiliated to the provincial-level police authority but is not serious to an extent that the violating entity is liable to criminal prosecution and thus should be sent to a reform school as prescribed in Article 92 of this Law, the agency or unit in charge of handling this case or lawsuit shall prepare and transfer a complete violation file to the competent commune-level police office to prepare the request documentation for imposition of "sending violating individuals to reform schools" measure.

In case the violation file received from the relevant agency or unit affiliated to the provincial-level police authority is inadequate, the chief of the commune-level police office shall return it to the sending agency or unit for completing. The violation file must be completed within 02 working days after it is returned to the sending agency or unit. Within 02 working days from his/her receipt of an adequate violation file, the chief of the commune-level police office shall prepare and send complete request documentation for imposition of "sending violating individuals to reform schools" measure to the regional People’s Court.

The request documentation includes: the violating individual’s CV; documents on the committed violations; applied educational measures; the violating individual’s statement, and opinions of his/her parents, guardian or other lawful representative.

3. The agency or unit affiliated to the provincial-level police authority and the competent commune-level police office preparing the request documentation for imposition of "sending violating individuals to reform schools" measure shall assume responsibility for the legality of their provided documents. Upon completion of preparation of the request documentation, the commune-level police office preparing the request documentation shall notify the violating individual subject to such request, his/her parents or other lawful representative in writing of such request. These persons are entitled to read all documents in the request documentation and keep record of necessary information within 03 working days from their receipt of such notification.".

...

...

...

“Article 100. Consideration and decision to transfer request documentation for imposition of "sending violating individuals to reform schools" measure to regional People’s Courts

1. Within 03 working days from the expiry of the time limit for reading the request documentation specified in clause 3 Article 99 of this Law, the chief of the relevant commune-level police office shall decide to request the relevant regional People’s Court to impose the "sending violating individuals to reform schools" measure.

2. The request sent to the regional People’s Court to consider issuing a decision on imposition of "sending violating individuals to reform schools" measure includes:

a) The request documentation for imposition of "sending violating individuals to reform schools" measure prescribed in Article 99 of this Law;

b) The written request for imposition of "sending violating individuals to reform schools" measure prepared by the chief of the commune-level police office.

3. All documents relating to the request for imposition of "sending violating individuals to reform schools" measure must be numbered and retained in accordance with regulations of the law on archives.”.

19. Article 101 is amended as follows:

“Article 101. Request for imposition of “sending violating individuals to compulsory educational institutions” measure

1. Preparation of request documentation for sending of the violating individuals prescribed in Article 94 of this Law to compulsory educational institutions is subject to the following provisions:

...

...

...

The request documentation includes: the violating individual’s CV; documents on the committed violations; applied educational measures; the statement of the violating individual or his/her lawful representative; other relevant documents;

b) If the violating individual does not reside at the place where he/she commits the violation, the chief of commune-level police office shall conduct verification; in case the violating individual’s residence is determined, the violating individual and the record of his/her violation shall be transferred to the authority in charge of his/her place of residence for handling; in case the violating individual’s residence cannot be determined, the chief of commune-level police office in charge of the place where the violation is committed shall prepare the request documentation for imposition of "sending violating individuals to compulsory educational institutions" measure.

The request documentation includes: the record of violation; the violating individual’s CV; documents on the committed violations; report on verification of his/her previous convictions and offences; applied educational measures (if any); the statement of the violating individual or his/her lawful representative.

2. In case the head of the compulsory rehabilitation center prepares the request documentation for imposition of "sending violating individuals to compulsory educational institutions" measure as prescribed in clause 3 Article 118 of this Law, such request documentation shall include the existing compulsory rehabilitation dossier, record of the new violation, and the written request made by the head of the compulsory rehabilitation center. Within 03 working days from the date of the record of the new administrative violation, the head of the compulsory rehabilitation center shall send such request documentation to the competent chief of commune-level police office. In case the violation file received from the head of the compulsory rehabilitation center is inadequate, the chief of the commune-level police office shall return it to the sender for completing. The violation file must be completed within 02 working days after it is returned to the sender. Within 02 working days from his/her receipt of an adequate violation file, the chief of the commune-level police office shall prepare and send complete request documentation for imposition of "sending violating individuals to compulsory educational institutions" measure to the regional People’s Court.

3. If a person is found to be involved in a violation that is directly detected, investigated and handled or accepted by an agency or unit affiliated to the provincial-level police authority but is not serious to an extent that the violating entity is liable to criminal prosecution and thus should be sent to a compulsory educational institution as prescribed in Article 94 of this Law, the agency or unit in charge of handling this case or lawsuit shall prepare and transfer a complete violation file to the competent commune-level police office to prepare the request documentation for imposition of "sending violating individuals to compulsory educational institutions" measure. In case the violation file received from the relevant agency or unit affiliated to the provincial-level police authority is inadequate, the commune-level police office shall return it to the sending agency or unit for completing. The violation file must be completed within 02 working days after it is returned to the sending agency or unit. Within 02 working days from its receipt of an adequate violation file, the commune-level police office shall prepare and send complete request documentation for imposition of "sending violating individuals to compulsory educational institutions" measure to the regional People’s Court.

The request documentation includes: the violating individual’s CV; documents on the committed violations; applied educational measures; the statement of the violating individual or his/her lawful representative.

4. The head of the compulsory rehabilitation center, or the agency or unit affiliated to the provincial-level police authority as prescribed in clause 3 of this Article and the commune-level police office preparing the request documentation for imposition of "sending violating individuals to compulsory educational institutions" measure shall assume responsibility for the legality of their provided documents. Upon completion of preparation of the request documentation, the commune-level police office preparing the request documentation shall notify the violating individual subject to such request or his/her lawful representative in writing of such request. These persons are entitled to read all documents in the request documentation and keep record of necessary information within 03 working days from their receipt of such notification.".

20. Article 102 is amended as follows:

“Article 102. Consideration and decision to transfer request documentation for imposition of "sending violating individuals to compulsory educational institutions" measure to regional People’s Courts

...

...

...

2. The request sent to the regional People’s Court to consider issuing a decision on imposition of "sending violating individuals to compulsory educational institutions" measure includes:

a) The request documentation for imposition of "sending violating individuals to compulsory educational institutions" measure prescribed in Article 101 and Article 118 of this Law;

b) The written request for imposition of "sending violating individuals to compulsory educational institutions" measure prepared by the chief of the commune-level police office.

4. All documents relating to the request for imposition of "sending violating individuals to compulsory educational institutions" measure must be numbered and retained in accordance with regulations of the law on archives.”.

21. Article 103 is amended as follows:

“Article 103. Request for imposition of “sending violating individuals to compulsory rehabilitation centers” measure

1. Preparation of request documentation for sending of the violating individuals who are drug addicts as prescribed in Article 96 of this Law to compulsory rehabilitation centers is subject to the following provisions:

a) With regard to a drug addict having a stable place of residence, the chief of commune-level police office in charge of the place where such drug addict resides shall prepare the request documentation for imposition of "sending violating individuals to compulsory rehabilitation centers" measure;

b) With regard to a drug addict without a stable place of residence, the chief of commune-level police office in charge of the place where such drug addict commits the violation shall prepare the request documentation for imposition of "sending violating individuals to compulsory rehabilitation centers" measure;

...

...

...

d) Such request documentation mentioned in points a, b and c of this clause includes: the record of violation; the drug addict’s CV; documentary evidence of the drug addiction; the statement of the drug addict or his/her lawful representative, and other relevant documents;

dd) In case a drug addict appears in person at the commune-level police office to report his/her drug addiction and submit an application for voluntary rehabilitation, the request documentation shall include the application form for voluntary rehabilitation; the drug addict’s CV; documentary evidence of the drug addiction; the statement of the drug addict or his/her lawful representative, and other relevant documents.

Documentary evidence of the drug addiction: if the drug addict has a drug addiction test report issued no more than 06 months of preparing the request documentation, this test report shall be submitted; if the drug addiction test report is not available or has been issued more than 06 months of preparing the request documentation, the drug addict shall follow the drug addiction test guidelines given by the commune-level police office.

2. The agency or unit affiliated to the provincial-level police authority and the commune-level police office preparing the request documentation for imposition of "sending violating individuals to compulsory rehabilitation centers" measure shall assume responsibility for the legality of their provided documents. Upon completion of preparation of the request documentation for imposition of "sending violating individuals to compulsory rehabilitation centers" measure, the commune-level police office preparing the request documentation shall notify the drug addict subject to such request or his/her lawful representative in writing of such request. These persons are entitled to read all documents in the request documentation and keep record of necessary information within 03 working days from their receipt of such notification.".

22. Article 104 is amended as follows:

“Article 104. Consideration and decision to transfer request documentation for imposition of "sending violating individuals to compulsory rehabilitation centers" measure to regional People’s Courts

1. Within 03 working days from the expiry of the time limit for reading the request documentation specified in clause 2 Article 103 of this Law, the chief of the relevant commune-level police office shall decide to request the relevant regional People’s Court to impose the "sending violating individuals to compulsory rehabilitation centers" measure.

2. The request sent to the regional People’s Court to consider issuing a decision on imposition of "sending violating individuals to compulsory rehabilitation centers" measure includes:

a) The request documentation for imposition of "sending violating individuals to compulsory rehabilitation centers" measure prescribed in Article 103 of this Law;

...

...

...

3. All documents relating to the request for imposition of "sending violating individuals to compulsory rehabilitation centers" measure must be numbered and retained in accordance with regulations of the law on archives.”.

23. Clause 1 Article 110 is amended as follows:

“1. Within 05 days from its receipt of the decision to send the violating individual to the reform school, compulsory educational institution or compulsory rehabilitation center, the police office preparing such request documentation shall send the violating individual subject to the issued decision to the reform school, compulsory educational institution or compulsory rehabilitation center.”.

24. Clause 1 Article 123 is amended as follows:

“1. In the cases prescribed in clause 1 Article 122 of this Law, the following persons having the power to impose penalties for administrative violations shall have the rights to issue administrative detention decisions:

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

b) Chiefs of commune-level police offices; heads of professional affair divisions of the Department of Professional Affairs affiliated to the Ministry of Public Security; heads of professional affair divisions of provincial-level police authorities or equivalent title holders in people’s police forces;

c) Heads of border guard posts, Commanding Officers of Border Guard Commands at port border checkpoints, Captains of Naval Border Guard Flotillas; Captains of Naval Border Guard Squadrons; Heads of Task Force Commissions for Drug and Crime Prevention and Control, and Chief Commander of the Border Guard Command;

d) Captains of Coast Guard Flotillas, Captains of Coast Guard Squadrons, Regional Commanders and Heads of Commissions of the Coast Guard;

...

...

...

e) Heads of border checkpoint customs offices; heads of out-of-checkpoint customs offices; heads of customs control teams of regional Sub-departments of Customs; heads of smuggling control teams of Smuggling Investigation and Prevention Sub-departments;

g) Leaders of market surveillance teams of Market Surveillance Sub-departments affiliated to provincial-level Departments of Industry and Trade; heads of market surveillance divisions affiliated to the Agency for Domestic Market Surveillance and Development;

h) Presiding judges.”.

25. Some points and clauses of Article 125 are amended as follows:

a) Point a Clause 1 is amended as follows:

“a) The impoundment is meant to serve the determination of the administrative violation or clarification of the facts of the violation and establish the grounds for making the record of the administrative violation or issuing the penalty imposition decision, including the case where such impoundment is made to serve the determination of the value of the exhibits of the violation which is the basis for determining the fine bracket and power to impose administrative penalties as prescribed in Article 60 of this Law;”;

b) Point c Clause 1 is amended as follows:

“c) The impoundment is meant to serve the execution of the penalty imposition decision as prescribed in clauses 6 and 7 of this Article.”;

c) Clause 4 is amended as follows:

...

...

...

a) The competent person in charge of handling the case shall make a record of impoundment of the exhibits and instrumentalities of the administrative violation, licenses and/or practicing certificates as prescribed in clause 9 of this Article;

b) If the person competent to make the record of administrative violation carries out the impoundment when making such record of administrative violation, the record of impoundment is not required. In this case, the record of administrative violation must clearly indicate the names, quantities, categories and current conditions of the exhibits and instrumentalities of the administrative violation, licenses and/or practicing certificates impounded;

c) Within 24 hours after the record is made, the record maker shall report to the person having the power to decide the impoundment on the impounded exhibits and instrumentalities of the administrative violation, licenses and/or practicing certificates to seek his/her impoundment decision of which 01 copy must be delivered to the violating individual or representative of the violating organization;

d) Exhibits and instrumentalities of the administrative violation, licenses and/or practicing certificates must be immediately returned if no impoundment decision is issued;

dd) The person impounding the exhibits which are perishable goods must promptly report such impoundment to his/her direct superior for further actions, and must pay compensation as prescribed by law for any goods left damaged or lost.";

dd) Points c and d are added following point b clause 5a as follows:

“c) Oversized or overweight goods as prescribed by law;

 d) Other goods which cannot be sealed as prescribed by law.”.

26. Some points and clauses of Article 126 are amended as follows:

...

...

...

“1. The person issuing the impoundment decision must handle the impounded exhibits and instrumentalities of the administrative violation, licenses and/or practicing certificates adopting the measure specified in the issued impoundment decision or return them to the violating individual or organization if they are not subject to confiscation measure.

If the exhibits and/or instrumentalities are impounded after they are found to have been appropriated or illegally used for committing the administrative violation, and are subject to confiscation measure, they shall be returned to their owner, custodians or lawful users; violating individual or organization must pay an amount equivalent to the value of such exhibits and/or instrumentalities of the administrative violation to state budget. In case the owner, custodian or lawful user is found to have deliberately let the violating individual or organization use such exhibits and/or instrumentalities for committing the violation as prescribed in Article 26 of this Law, such exhibits and/or instrumentalities shall be confiscated and transferred to state budget.

If an exhibit or instrumentality of the violation has to be confiscated but has been put up as collateral on which security interest has been duly registered in accordance with regulations of the civil code, the secured creditor may claim back such exhibit or instrumentality or an amount equivalent to the secured obligation; the violating individual or organization must pay an amount equivalent to the value of the exhibit or instrumentality to state budget.

If the impounded exhibit or instrumentality of the violation has been put up as collateral for a bad debt and is not subject to confiscation measure, upon termination of impoundment, it must be returned at the request of the creditor that is a credit institution, foreign bank branch or debt trader.”.

b) Point c is added following point b clause 4 Article 126 as follows:

 “c) After the second notification has been made as prescribed in point b of this clause, the person issuing the impoundment decision shall: take actions according to point dd clause 4 Article 125 of this Law, for the exhibits and/or instrumentalities which are likely to be deteriorated or degraded during their preservation and management; or take actions according to clause 5 of this Article, for exhibits and/or instrumentalities which pose risks of fire and explosion, causing environmental pollution or adversely affecting community health during their preservation and management.

Proceeds from sale of the exhibits and/or instrumentalities must be transferred to the dedicated account opened at the State Treasury. Upon the expiry of the period specified in point b of this clause, if the violating entity, owner, custodian or lawful user of the exhibits and/or instrumentalities does not appear to claim such proceeds, they shall be paid to state budget.

Exhibits and/or instrumentalities of administrative violations in case of unknown violating entities, owners, custodians or lawful users shall be handled in accordance with the Government's regulations.".

27. The phrase “người có thẩm quyền lập biên bản vi phạm hành chính hoặc” (“persons having the power to make record of violation”) is added following the phrase “trong trường hợp cần thiết” (“where necessary”) in clause 1 Article 59.

...

...

...

a) The phrase “xã, phường, thị trấn” (“communes, wards and commune-level towns”) is replaced with the phrase “xã, phường, đặc khu” (“communes, wards and special zones”) in clause 3 Article 2; point a clause 2 Article 6; heading of Article 89; clause 1 and clause 2 Article 89; heading of Article 90; clause 7 Article 90; clause 3 and clause 4 Article 92; point b clause 1 Article 94; heading of Article 97; clauses 1, 2 and 3 Article 97; heading of Article 98; clauses 1, 2, 3, 4 and 5 Article 98; clause 1 Article 105; clause 1 Article 108; heading of Article 109; heading 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) The phrase “thực hiện lần cuối hành vi vi phạm” (“commits the violation for the last time”) is replaced with the phrase “commits the violation” in point d clause 2 Article 6;

c) The phrase “Các hình thức xử phạt và nguyên tắc áp dụng” (“Penalties and application rules”) is replaced with the phrase “Nguyên tắc quy định các hình thức xử phạt” (“Rules for imposing penalties”) in heading of Article 21;

d) The phrase “03 ngày” (“03 days”) is replaced with the phrase “05 ngày làm việc” (“05 working days”) in clause 2 and clause 3 Article 62;

dd) The phrase “kể từ ngày có quyết định không khởi tố vụ án hình sự” (“from the issue date of the decision not to file criminal charges”) is replaced with the phrase “kể từ ngày quyết định không khởi tố vụ án hình sự có hiệu lực” (“from the effective date of the decision not to file criminal charges”) in clause 3 Article 62;

e) The phrase “cơ sở khám bệnh, chữa bệnh tuyến huyện” (“district-level health facilities”) is replaced with the phrase “cơ sở khám bệnh, chữa bệnh cấp cơ bản” (“grassroots-level health facilities”) in point b clause 1 Article 76, point b clause 2 and point b clause 4 Article 77;

g) The phrase “cơ sở khám bệnh, chữa bệnh tuyến huyện” (“district-level health facilities”) is replaced with the phrase “cơ sở khám bệnh, chữa bệnh cấp cơ bản” (“grassroots-level health facilities”) in point b clause 5 Article 92, point d clause 2 Article 94, point b clause 2 Article 96, point a clause 1, point a and point c clause 2 Article 111;

h) The phrase “Trưởng Công an cấp huyện nơi có cơ sở cai nghiện bắt buộc” (“Chief of district-level police office in charge of the place where the compulsory rehabilitation center is located”) is replaced with the phrase “Trưởng Công an cấp xã có thẩm quyền” (“competent Chief of commune-level police office”) in clause 3 Article 118;

i) The phrase “tạm gửi” (“temporary deposit account”) is replaced with the phrase “tạm giữ” (“dedicated account”) in clause 3 Article 126;

...

...

...

l) The phrase “Ủy ban nhân dân cấp xã” (“commune-level People’s Committee”) is replaced with the phrase “cơ quan Công an cấp xã” (“commune-level police office”) in clause 1 Article 113, point b clause 2 Article 131;

m) The phrase “Công an cấp huyện nơi lập hồ sơ” (“the district-level police office preparing the request documentation”) is replaced with the phrase “cơ quan Công an cấp xã nơi lập hồ sơ” (“the commune-level police office preparing the request documentation”) in clause 3 Article 132;

n) The phrase “Tòa án nhân dân cấp huyện” (“the district-level People’s Court”) is replaced with the phrase “Tòa án nhân dân khu vực” (“the regional People’s Court”) in clause 2 Article 105, clause 3 Article 112, clause 3 Article 132;

o) The phrase “Giám đốc cơ sở cai nghiện bắt buộc” (“Director of the compulsory rehabilitation center”) is replaced with the phrase “Trưởng cơ sở cai nghiện bắt buộc” (“Head of the compulsory rehabilitation center”) in clause 3 Article 112, clause 2 Article 114, clause 1 Article 115, Article 117, clause 3 Article 118, clause 2 Article 132.

29. The following points, clauses and Articles are abrogated:

a) The phrase “trực thuộc trung ương” (“central-affiliated”) in clause 1 and clause 3 Article 23, clause 5 Article 122, point a clause 2 Article 131;

b) The phrase “đoạn 1” (“paragraph 1”) in clause 1 Article 57;

c) The phrase “Công an cấp huyện hoặc” (“District-level police office or”) in clause 2 Article 97;

d) The phrase “hoặc cơ quan Công an cùng cấp trong trường hợp Công an cấp tỉnh lập hồ sơ đề nghị” (“or the police office of the same level in case the provincial-level police authority prepares the request documentation”) in Article 107;

...

...

...

e) The phrase “cùng cấp” (“same level”) in clause 3 Article 113;

30. Articles 38, 39, 40, 41, 42, 43, 43a, 44, 45, 45a, 46, 47, 48, 48a, 49, 51 and clause 2 Article 71 are abrogated.

Article 2. Effect

1. This Law comes into force from July 01, 2025.

2. Power to impose penalties for administrative violations shall comply with the Government's decrees on penalties for administrative violations in state management sectors and the Government’s decree elaborating the Law on Penalties for Administrative Violations regarding power to impose penalties for administrative violations until they are replaced by new decrees promulgated by the Government, except the case specified in clause 3 Article 3 of this Law.

3. Provisions of Article 8 of the Resolution No. 190/2025/QH15 dated February 19, 2025 of the 15^th National Assembly prescribing certain matters relating to arrangement and organization of the state apparatus shall cease to have effect from the effective date of this Law.

Article 3. Transition 

From the effective date of this Law:

1. If an administrative violation has been detected and is put under consideration but the competent agency or title holder in charge of handling the violation stops operating, the agency or title holder receiving functions and tasks in the relevant administrative division or sector shall continue handling the violation or transfer it to a competent person for consideration in accordance with regulations of law.

...

...

...

3. Chairpersons of commune-level People’s Committees and Chiefs of commune-level police offices shall exercise the power to impose penalties for administrative violations of Chairpersons of district-level People’s Committees and Chiefs of district-level police offices respectively as prescribed in the Government's decrees on penalties for administrative violations in state management sectors until they are replaced by new decrees promulgated by the Government or the Government’s decree elaborating the Law on Penalties for Administrative Violations regarding power to impose penalties for administrative violations comes into force.

This Law is ratified by the 15^th National Assembly of the Socialist Republic of Vietnam during its 9^th session held on June 25, 2025.

CHAIRMAN OF THE NATIONAL ASSEMBLY OF VIETNAM




Tran Thanh Man