Nghị định 189/2025/NĐ-CP hướng dẫn Luật Xử lý vi phạm hành chính về thẩm quyền xử phạt vi phạm hành chính

DECREE

ELABORATION OF LAW ON HANDLING ADMINISTRATIVE VIOLATIONS REGARDING JURISDICTION TO IMPOSE ADMINISTRATIVE PENALTIES FOR VIOLATIONS

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

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law on amendments to the Law on Handling Administrative Violations dated November 13, 2020; the Law on amendments to the Law on Handling Administrative Violations dated June 25, 2025;

Pursuant to the Law on Inspection dated June 25, 2025;

At the request of the Minister of Justice;

The Government promulgates Decree on elaboration of Law on Handling Administrative Violations regarding jurisdiction to impose administrative penalties for violations.

Chapter I

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Article 1. Scope

This Decree elaborates title holders that have jurisdiction to impose penalties for administrative violations; each title holder's jurisdiction to impose penalties and remedial measures in accordance with regulations in clause 2 Article 37a of the 2012 Law on Handling Administrative Violations amended by the 2020 Law and the 2025 Law (hereinafter referred to as “Law on Handling Administrative Violations).

Article 2. Regulated entities

1. Regulatory bodies, Heads of authorities managing persons having jurisdiction to impose administrative penalties.

2. Persons having jurisdiction to impose administrative penalties.

3. Authorities, organizations and individuals related to imposition of administrative penalties.

Article 3. Regulations on jurisdiction to impose penalties for administrative violations in state management sectors 

1. Regulations on jurisdiction to impose penalties for administrative violations in state management sectors shall be based on regulations on title holders’ jurisdiction to impose penalties for administrative violations specified in this Decree and Decrees on imposition of penalties for administrative violations in state management sectors that contain specific regulations on title holders having jurisdiction to impose penalties; specific fine imposed on each title holder; jurisdiction to impose penalties; jurisdiction to impose remedial measures on administrative violations.

2. Regulations on title holders having jurisdiction to impose penalties for administrative violations and each title holder's jurisdiction to impose penalties and remedial measures shall be based on functions, duties and powers in terms of management of sectors, fields and localities.

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1. In case an administrative violation is being accepted and handled by a competent person working for a vertically organized central authority within a local area but it must be transferred to a person having jurisdiction to impose a penalty, the transfer of a violation file may be prescribed in Decrees on imposition of administrative penalties in each state management sector. If the transfer of the violation file is not prescribed in such Decrees, the violation file shall be transferred in the following order:

a) The violation file is transferred to the person having jurisdiction to impose the penalty for the administrative violation and working for the vertically organized central authority within the local area;

b) The violation file is transferred to the person having the highest jurisdiction to impose the penalty for the administrative violation in the field/sector under his/her management or the Chairperson of the People's Committee having jurisdiction to impose the penalty of the location where the violation occurs. Regarding any administrative violation specified in point c clause 4 Article 52 of the Law on Handling Administrative Violations or case involving an exhibit/instrumentality of an administrative violation that is real estate, aircraft, sea vessel, inland waterway vessel, good or vehicle that is bulky, difficult to transport them or has high transportation cost, the Chairperson of the People's Committee having jurisdiction to impose the penalty of the location where the violation occurs has jurisdiction to impose the penalty for the administrative violation or the case.

2. An administrative violation case involving multiple violations in different state management sectors, including violations outside the jurisdiction to impose penalties of the Chairperson of the People’s Committee, shall be handled as follows:

a) Regarding violations within the jurisdiction to impose penalties of the Chairperson of the People’s Committee, the jurisdiction to impose penalties for such violations shall be determined according to point c clause 4 Article 52 of the Law on Handling Administrative Violations;

b) Regarding violations outside the jurisdiction to impose penalties of the Chairperson of the People’s Committee, the jurisdiction to impose penalties for such violations shall be determined according to point a and point b clause 4 Article 52 of the Law on Handling Administrative Violations.

3. In case of confiscation of exhibits and instrumentalities used for commission of administrative violations that are goods prohibited from possession or circulation, the jurisdiction to impose administrative penalties shall be determined according to the following principles:

a) If the person who is handling the case in any of the fields and sectors under his/her management specified in Articles 7 through 15 and Article 17 of this Decree has the jurisdiction to confiscate exhibits and instrumentalities used for commission of administrative violations and the jurisdiction to confiscate exhibits and instrumentalities depends on the jurisdiction to impose fines, the violation case shall be transferred to the person having both jurisdiction to impose penalties in the same field or sector and jurisdiction to confiscate such exhibits/instrumentalities regardless of their value;

b) If the person who is handling the case is not the person specified in point a of this clause, the violation case shall be transferred to the Chairperson of the People's Committee having jurisdiction to impose penalties of the location where the violation occurs.

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4. The jurisdiction to decide impoundment of exhibits and instrumentalities used for commission of administrative violations that are goods prohibited from possession or circulation shall comply with regulations in clause 3 Article 125 of the Law on Handling Administrative Violations.

Chapter II

JURISDICTION TO IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS AND REMEDIAL MEASURES

Article 5. Jurisdiction of the Chairperson of the People's Committee

1. Chairperson of the commune-level People’s Committee has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 50% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or instrumentality used for commission of administrative violation;

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2. Chairperson of the provincial People’s Committee has the jurisdiction to:

a) Issue warnings;

b) Impose the maximum fine in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or instrumentality used for commission of administrative violation;

dd) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

Article 6. Jurisdiction of Heads of authorities performing state management tasks by fields and sectors and other title holders

1. Director of Regional Veterinary/Animal Health Sub-Department affiliated to Veterinary/Animal Health Department; Director of Regional Plant Quarantine Sub-Department affiliated to Department of Cultivation and Plant Protection; Director of Quality, Processing and Market Development Sub-Department of the Central region, Director of Quality, Processing and Market Development Sub-Department of the Southern region affiliated to Quality, Processing and Market Development Department; Director of Sub-Department of Standards, Metrology and Quality affiliated to Department of Science and Technology; Director of Sub-Department of Cultivation, Plant Protection, Veterinary, Animal Health, Agro-aqua-forestry Quality Assurance, Irrigation, Dykes, and Natural Disaster Management affiliated to Department of Agriculture and Environment; Director of Food Safety Sub-Department, Director of Population and Children Sub-Department affiliated to Department of Health; Head of the regional road management authority affiliated to Department for Roads of Vietnam; Director of provincial Statistics Sub-Department affiliated to Statistics Department; Director of Regional Radio Frequency Center; Director of Regional State Treasury; Director of Regional Social Security; Director of Maritime and Waterway Administration of the Northern region, Director of Maritime and Waterway Administration of the Southern region has the jurisdiction to:

a) Issue warnings;

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c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or instrumentality used for commission of administrative violation;

dd) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

2. Director of Department has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 80% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or instrumentality used for commission of administrative violation;

dd) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

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a) Issue warnings;

b) Impose the maximum fine in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or instrumentality used for commission of administrative violation;

dd) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

4. The Head of inspectorate established by the Head of the organization affiliated to ministry or ministerial-level agency and performing tasks under the state management of the ministry or ministerial-level agency has the jurisdiction to impose penalties according to regulations in clause 2 of this Article.

The Head of inspectorate established by a Minister of Head of a ministerial-level agency has the jurisdiction to impose penalties according to regulations in clause 3 of this Article.

Article 7. Jurisdiction of inspectors

1. The inspector of the Ministry of National Defense, the Ministry of Public Security, State Bank of Vietnam; the Government Cipher Committee, Department of Radiation and Nuclear Safety, Vietnam Maritime and Waterway Administration, Civil Aviation Authority or State Securities Commission has the jurisdiction to:

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b) Impose a fine equaling up to 10% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate any exhibit or instrumentality used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause.

2. The Head of inspectorate of Department of Radiation and Nuclear Safety, Vietnam Maritime and Waterway Administration, Civil Aviation Authority, State Securities Commission, Regional State Bank, Police Department of Management of Prisons, compulsory education establishments and reform schools, Police Department of Fire Prevention and Fighting and Rescue, provincial Police Authority, Government Cipher Committee; Head of the Military Inspectorate, Hanoi Capital Command has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 50% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate any exhibit or instrumentality used for commission of administrative violation;

d) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

3. Chief Cipher Inspector; Chief Inspector of Department of Radiation and Nuclear Safety; Chief Inspector of Vietnam Maritime and Waterway Administration; Chief Inspector of Civil Aviation Authority; Chief Inspector of State Securities Commission; Chief Military Defense Inspector; Chief Defense Inspector of Hanoi Capital Command; Chief Inspector of regional State Bank; Chief Inspector of Police Department for management of detention camps, compulsory education establishments and reform schools; Chief Inspector of Police Department of Fire Prevention and Fighting and Rescue; Chief Inspector of provincial Police Authority has the jurisdiction to:

a) Issue warnings;

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c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or instrumentality used for commission of administrative violation;

dd) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

4. The Chief Inspector of the Ministry of National Defense, the Ministry of Public Security, State Bank of Vietnam; the Head of inspectorate established by the Chief Inspector of the Ministry of National Defense, the Ministry of Public Security, State Bank of Vietnam has the jurisdiction to:

a) Issue warnings;

b) Impose the maximum fine in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or instrumentality used for commission of administrative violation;

dd) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

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a) Issue warnings;

b) Impose a fine equaling up to 10% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate any exhibit or instrumentality used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause.

2. The Head of company-level Mobile Police Unit has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 20% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate any exhibit or instrumentality used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause;

d) Impose remedial measures specified in points a, c, dd and e clause 1 Article 28 of the Law on Handling of Administrative Violations.

3. The Head of Police Post, Head of Battalion-level Mobile Police Unit, Captain of Squadron, Head of police station or Leader of the officers has the jurisdiction to:

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b) Impose a fine equaling up to 30% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or instrumentality used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause;

dd) Impose the remedial measures specified in points a, c, dd and e clause 1 Article 28 of the Law on Handling of Administrative Violations.

4. Commune-level Police Chief has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 50% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or instrumentality used for commission of administrative violation;

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5. Head of International Airport Police Office; Heads of professional divisions affiliated to Bureau of Homeland Security, including Head of General Advisory Division, Head of Catholic Security Division, Head of Division of  Security for Other Religions, Head of Ethnic Security Division, Head of Anti-Reactionary Division, Head of Anti-Terrorism Division, Head of Social Security Division; Heads of professional divisions affiliated to Bureau of Internal Political Security, including Heads of Internal Security Divisions affiliated central authorities of Communist Party and State, Head of Security Divisions affiliated to central judicial authorities, law-making authorities, political and social organizations, Head of Press and Publishing Security Division, Head of Health and Education Security Division, Head of Culture, Sports and Social Labor Security Division, Head of Post, Telecommunications and Information Technology Security Division, Head of Division of State Management of Protection of State Secrets; Heads of professional divisions affiliated to Bureau of Economic Security, including Head of Industry and Trade Security Division, Head of Monetary Security Division, Head of Division of Traffic and Construction Security, Head of Division of Finance and Investment Security, Head of Division of Agriculture, Forestry and Fishery Security, Head of Division of Science, Technology and Natural Resources and Environment Security; Heads of professional divisions affiliated to Police Bureau of Investigation into Drug-related Crimes, including Head of Division of Prevention and Investigation into Crimes related to Illegal Drug Trading and Transportation, Head of Division of Prevention and Investigation into Crimes related to organization and permission of illegal use of Drug, Head of Division of Prevention and Investigation into Crimes related to Illegal Drug Production, Head of Division of Prevention and Investigation into Crimes in Legal Activities Related to Drugs;  Heads of professional divisions affiliated to Police Bureau for Administrative Management of Social Order, including Head of Division of Provision of Guidance and Management of Weapons, Explosives, Support Tools and Fireworks, Head of Division of Provision of Guidance and Management of Conditional Business Lines on Security, Order and Seals, Director of the National Population Data Center; Heads of professional divisions affiliated to Bureau of Traffic Police, including Head of Guidance Division for Dissemination of Information, Investigation and Handling of Traffic Accidents, Head of Division of Guidance on Registration and Inspection of Vehicles, Head of Division of Guidance, Training, Testing and Management of Driver Licenses issued to Vehicle Operators, Head of Division of Guidance on Patrol and Control of Road and Railway Traffic, Head of Division of Guidance on Traffic Control and Escort , Head of Division of Patrol, Control and Prevention and Combat of Crimes on Inland Waterways, Captain of Squadron; Heads of professional divisions affiliated to Police Bureau of Fire Prevention and Rescue, including Head of Fire Prevention Division, Head of Fire Prevention and Fighting Approval Division, Head of Fire Fighting and Rescue Division, Head of Division of Management of Science - Technology and Inspection of Fire Prevention, Fighting and Rescue Equipment; Heads of professional divisions affiliated to Bureau of Cybersecurity and High-Tech Crime Prevention and Control, including Head of Division of Prevention and Control of Cybercrime Using Cyberspace to Violate Economic Management Order, Head of Division of Prevention and Control of Cybercrime Using Cyberspace to Violate Social Order, Head of Division of Cyber Information Security, Head of Division of Protection of National Information Network Security, Head of Division of Monitoring of Cyber Information and Prevention of Cyberspace use for Violations against National Security; Heads of professional divisions affiliated to Bureau of Immigration, including Head of Division of Management of Immigration and Residence of Foreigners, Head of Division of Management of Immigration of Vietnamese Citizens, Director of the National Aviation Security Center; Heads of professional divisions affiliated to the National Data Center, including Head of General Advisory Division, Head of Application Administration Division, Head of Data Administration Division, Head of System Security and Safety Division, Head of Information Technology System Administration and Operation Division, Head of Data Center Station Shell Administration and Operation Division; Head of Regiment-level Mobile Police Unit; Heads of Divisions affiliated to the provincial Police Authority, including Head of Home Security Division, Head of Internal Political Security Division, Head of Police Division for Administrative Management of Social Order, Head of Police Divisions for Investigation into Social Order Crimes, Head of Police Division for Investigation into Corruption, Economic, Smuggling and Environment Crimes, Head of Police Division for Investigation into Drug-related Crimes, Head of Traffic Police Division, Head of Mobile Police Division, Head of Police Division for Execution of Criminal Judgments and Judicial Assistance, Head of Police Division for Fire Prevention, Fire Fighting and Rescue, Head of Division of Cybersecurity and High-Tech Crime Prevention and Control, Head of Economic Security Division, Head of Foreign Security Division, Chief of Office of the Investigation Police Agency affiliated to the provincial Police Authority have the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 80% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or instrumentality used for commission of administrative violation;

dd) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

6. The Head of Immigration Division affiliated to the provincial police authority has the jurisdiction to impose any penalty specified in clause 5 of this Article and decide to impose the deportation penalty.

7. Director of the provincial police authority has the jurisdiction to:

a) Issue warnings;

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c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or instrumentality used for commission of administrative violation;

dd) Impose the deportation penalty;

e) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

8. Director of Internal Political Security Bureau, Director of Economic Security Bureau, Chief of the Office of the Police Investigation Agency affiliated to the Ministry of Public Security, Director of Police Bureau of Administrative Management of Social Order, Director of Police Bureau of Investigation into Social Order-related Crimes, Director of Police Bureau of Investigation into Corruption, Economy and Smuggling-related Crimes, Director of Police Bureau of Investigation into Drug-related Crimes, Director of Police Traffic Bureau, Director of Police Bureau of Fire Prevention and Rescue, Director of Police Bureau of Environmental Crime Prevention, Director of Bureau of Cybersecurity and High-Tech Crime Prevention and Control, Director of Home Security Bureau, Director of Police Bureau for Managing Custody, Temporary detention and Criminal judgment Execution in the Community; Mobile Police Command, Director of the National Data Center has the jurisdiction to:

a) Issue warnings;

b) Impose the maximum fine in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or instrumentality used for commission of administrative violation;

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9. Director of Bureau of Immigration has the jurisdiction to impose any penalty specified in clause 8 of this Article and decide to impose the deportation penalty.

Article 9. Jurisdiction of Border Guard

1. An on-duty Border Guard officer has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 5% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate any exhibit or instrumentality used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause.

2. Head of Border Guard station or leader of the officers mentioned in clause 1 of this Article has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 10% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

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d) Impose remedial measures specified in points a, c, dd and e clause 1 Article 28 of the Law on Handling of Administrative Violations.

3. Team leader of Crime and Drug Prevention and Control Task Force affiliated to Crime and Drug Prevention and Control Brigade has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 15% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate any exhibit or instrumentality used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause;

d) Impose remedial measures specified in points a, c, dd and e clause 1 Article 28 of the Law on Handling of Administrative Violations.

4. Head of Border Guard Post, Commander of Border-Guard Flotilla or Commander of Port Border Guard has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 30% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

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d) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

5. Commander of Crime and Drug Prevention and Control Brigade affiliated to Crime and Drug Prevention and Control Department under Border Guard High Command has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 50% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or instrumentality used for commission of administrative violation;

dd) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

6. Chief Commander of Border Guard Command; Captain of Naval Border Guard Squadron, or Director of the Department of Drug and Crime Prevention and Control affiliated to Border Guard High Command has the jurisdiction to:

a) Issue warnings;

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c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or instrumentality used for commission of administrative violation;

dd) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

Article 10. Jurisdiction of Coast Guard force

1. An on-duty Coast Guard officer has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 5% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate any exhibit or instrumentality used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause.

2. Coastguard Team Leader has the jurisdiction to:

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b) Impose a fine equaling up to 10% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate any exhibit or instrumentality used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause.

3. Coastguard squad leader or captain of coastguard station has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 20% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate any exhibit or instrumentality used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause;

d) Impose remedial measures specified in points a, c, dd and e clause 1 Article 28 of the Law on Handling of Administrative Violations.

4. Commander of Coastguard Platoon has the jurisdiction to:

a) Issue warnings;

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c) Confiscate any exhibit or instrumentality used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause;

d) Impose remedial measures specified in points a, c, d, dd, e, i and k clause 1 Article 28 of the Law on Handling of Administrative Violations.

5. Captain of Naval Coastguard Squadron; Head of Reconnaissance Commission; Head of Task Force Commission for Drug Crime Prevention and Control under the control of the Command of Coast Guard of Vietnam has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 50% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or instrumentality used for commission of administrative violation;

dd) Impose remedial measures specified in points a, c, d, dd, e, i and k clause 1 Article 28 of the Law on Handling of Administrative Violations.

6. Regional Command of Coast Guard or Director of the Department of Operations and Legislation under the control of the Command of Coast Guard of Vietnam has the jurisdiction to:

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b) Impose a fine equaling up to 80% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Suspend license or practicing certificate for a fixed period;

d) Confiscate any exhibit or instrumentality used for commission of administrative violation;

dd) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

7. Commander of Vietnam Coast Guard has the jurisdiction to:

a) Issue warnings;

b) Impose the maximum fine in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or instrumentality used for commission of administrative violation;

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Article 11. Jurisdiction of Customs authorities

Customs authorities' jurisdiction to impose penalties for false declarations resulting in any lack of payable tax amounts or any increase in exemption, reduction, refund or non-collection amounts; acts of tax evasion; commercial banks' failure to fulfill their responsibilities to transfer money to pay taxpayers' tax debts from taxpayers' accounts to state budget accounts at the request of tax administration agencies, shall comply with the 2019 Law on Tax Administration amended by the 2024 Law (hereinafter referred to as " Law on Tax Administration”). Customs authorities’ jurisdiction to impose penalties for other administrative violations are regulated as follows:

1. An on-duty customs official has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 5% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate any exhibit or instrumentality used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause.

2. Head of border/out-of-border checkpoint customs offices; Head of the Customs Procedure inspection and Post-customs clearance inspection team, Head of Customs Clearance Team, Head of Customs Control Team under the Regional Customs Sub-Department; Head of the Anti-Smuggling Control Team under the Anti-Smuggling Investigation Sub-Department; the Head of the Regional Post-Clearance Inspection Team under the Post-Clearance Inspection Sub-Department has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 30% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

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d) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

3. Director of Regional Customs Sub-Department, Director of the Anti-Smuggling Investigation Sub-Department, or Director of the Post-Clearance Inspection Sub-Department has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 50% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate any exhibit or instrumentality used for commission of administrative violation;

d) Suspend license or practicing certificate or operation for a fixed period;

dd) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

4. Director of Customs Department has the jurisdiction to:

a) Issue warnings;

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c) Confiscate any exhibit or instrumentality used for commission of administrative violation;

d) Suspend license or practicing certificate or operation for a fixed period;

dd) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

Article 12. Jurisdiction of market surveillance force

1. An on-duty market controller has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 10% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate any exhibit or instrumentality used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause.

2. Leader of Market Surveillance Team affiliated to Market Surveillance Sub-Department under the control of the Department of Industry and Trade has the jurisdiction to:

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b) Impose a fine equaling up to 30% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate any exhibit or instrumentality used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause;

d) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

3. Director of Market Surveillance Sub-Department, Head of Professional Division under the control of the Agency for Domestic Market Surveillance and Development has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 50% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate any exhibit or instrumentality used for commission of administrative violation;

d) Suspend license or practicing certificate or operation for a fixed period;

dd) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

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a) Issue warnings;

b) Impose the maximum fine in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate any exhibit or instrumentality used for commission of administrative violation;

d) Suspend license or practicing certificate or operation for a fixed period;

dd) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

Article 13. Jurisdiction of tax authorities

Tax authorities' jurisdiction to impose penalties for false declarations resulting in any lack of payable tax amounts or any increase in exemption, reduction, refund or non-collection amounts; acts of tax evasion; commercial banks' failure to fulfill their responsibilities to transfer money to pay taxpayers' tax debts from taxpayers' accounts to state budget accounts at the request of tax administration agencies, shall comply with the Law on Tax Administration. Tax authorities’ jurisdiction to impose penalties for other administrative violations are regulated as follows:

1. An on-duty tax official has the jurisdiction to:

a) Issue warnings;

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c) Confiscate any exhibit or instrumentality used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause.

2. Head of tax authority at grassroots level has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 50% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate any exhibit or instrumentality used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause;

d) Impose remedial measures specified in points a, e, i and k clause 1 Article 28 of the Law on Handling of Administrative Violations.

3. Director of Taxation Sub-department; Head of the provincial tax authority has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 80% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

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d) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

4. Director of Taxation Department has the jurisdiction to:

a) Issue warnings;

b) Impose the maximum fine in the tax sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate any exhibit or instrumentality used for commission of administrative violation;

d) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

Article 14. Jurisdiction of forest protection force

1. An on-duty forest protection officer has the jurisdiction to:

a) Issue warnings;

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c) Confiscate any exhibit or instrumentality used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause.

2. Head of forest protection station has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 20% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate any exhibit or instrumentality used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause;

d) Impose remedial measures specified in points a, c, dd, e, h, i and k clause 1 Article 28 of the Law on Handling of Administrative Violations.

3. Head of forest protection office; Head of mobile ranger and forest fire prevention and fighting team has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 30% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

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d) Impose remedial measures specified in points a, c, dd, e, h, i and k clause 1 Article 28 of the Law on Handling of Administrative Violations.

4. Director of Regional Forest Protection Sub-department, Leader of Task Force Team for Forest Protection affiliated to the Forestry and Forest Protection Department; Director of  Forestry and Forest Protection Sub-department affiliated to Department of Agriculture and Environment has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 50% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate any exhibit or instrumentality used for commission of administrative violation;

d) Suspend license or practicing certificate or operation for a fixed period;

dd) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

5. Director of Forestry and Forest Protection Department has the jurisdiction to:

a) Issue warnings;

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c) Confiscate any exhibit or instrumentality used for commission of administrative violation;

d) Suspend license or practicing certificate or operation for a fixed period;

dd) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

Article 15. Jurisdiction of fisheries surveillance force

1. An on-duty fisheries resources surveillance officer has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 5% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate any exhibit or instrumentality used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause.

2. Head of fisheries surveillance station affiliated to Regional Fisheries Surveillance Sub-department has the jurisdiction to:

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b) Impose a fine equaling up to 20% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate any exhibit or instrumentality used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause;

d) Impose remedial measures specified in points a, b, dd, e, h, i and k clause 1 Article 28 of the Law on Handling of Administrative Violations.

3. Director of Regional Fisheries Surveillance Sub-department affiliated to Vietnam Directorate of Fisheries; Director of Fisheries Sub-Department affiliated to Department of Agriculture and Environment has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 50% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or instrumentality used for commission of administrative violation;

dd) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

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a) Issue warnings;

b) Impose the maximum fine in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate any exhibit or instrumentality used for commission of administrative violation;

d) Suspend license or practicing certificate or operation for a fixed period;

dd) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

Article 16. Jurisdiction of civil judgment-enforcing agencies

1. Head of civil judgment-enforcing agency; Head of military-zone judgment-enforcing division has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 50% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

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d) Suspend license or practicing certificate or operation for a fixed period;

dd) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

2. Director of General Bureau of Civil Judgment Execution affiliated to the Ministry of Justice, Director of Judgment-Enforcing Agency affiliated to the Ministry of National Defence has the jurisdiction to:

a) Issue warnings;

b) Impose the maximum fine in the civil judgment enforcement sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate any exhibit or instrumentality used for commission of administrative violation;

d) Suspend license or practicing certificate or operation for a fixed period;

dd) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

Article 17. Jurisdiction of Maritime Administrations, Airport Authorities, Inland Waterway Port Authorities

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a) Issue warnings;

b) Impose a fine equaling up to 25% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or instrumentality used for commission of administrative violation if its value is not 02 times as high as the fine specified in point b of this clause;

dd) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

2. Director of Maritime Administration, Director of Airport Authority, Director of Inland Waterway Port Authority has the jurisdiction to:

a) Issue warnings;

b) Impose a fine equaling up to 50% of a maximum fine for a violation arising in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations;

c) Suspend license or practicing certificate or operation for a fixed period;

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dd) Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

Article 18. Jurisdiction of overseas diplomatic missions, consular missions and other missions authorized to perform consulate functions of the Socialist Republic of Vietnam

Head of overseas diplomatic mission, consular mission or another mission authorized to perform consulate functions of the Socialist Republic of Vietnam has the jurisdiction to:

1. Issue warnings.

2. Impose the maximum fine in the equivalent sector prescribed in Article 24 of the Law on Handling Administrative Violations.

3. Confiscate any exhibit or instrumentality used for commission of administrative violation.

4. Impose the remedial measures specified in clause 1 Article 28 of the Law on Handling of Administrative Violations.

Chapter III

IMPLEMENTATION CLAUSES

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Ministers, Heads of ministerial authorities, Heads of Governmental authorities, Chairpersons of People's Committees of provinces and cities, Head of the Government Cipher Committee and relevant organizations and individuals shall be responsible for implementing this Decree./.

Article 20. Effect

This Decree takes effect from July 01, 2025.

Article 21. Transitional clauses

During the period over which the Government has not yet issued Decrees on amendments, replacement or annulment of regulations on jurisdiction to impose penalties for administrative violations in Decrees on imposition of penalties for administrative violations in state management sectors, title holders’ jurisdiction to impose penalties for administrative violations shall be determined as follows:

1. If there is no any change in title name, duties and powers of a title holder that has jurisdiction to impose a penalty for any administrative violation specified in the Decree on imposition of penalties for administrative violations in state management sectors or the title holder has their title name changed but their duties and powers remain unchanged, the title holder’s title name and jurisdiction to impose the penalty for any administrative violation shall be the same as those specified by this Decree until they are replaced by other regulations of the Government.

2. If duties and powers of a title holder that has jurisdiction to impose a penalty for any administrative violation specified in the Decree on imposition of penalties for administrative violations in state management sectors are changed, the title holder that receives such duties and powers has the jurisdiction to impose the penalty.  Title name and jurisdiction to impose the penalty for any administrative violation shall be the same as those specified by this Decree until they are replaced by other regulations of the Government.

3. In case a title holder’s jurisdiction to impose the penalty for any administrative violation has not yet been prescribed in the Decree on imposition of penalties for administrative violations in state management sectors but has yet been prescribed in this Decree, the jurisdiction to impose the penalty for any administrative violation under their management shall be exercised in accordance with regulations of this Decree until they are replaced by other regulations of the Government

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ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Le Thanh Long