Decree No. 68/2025/ND-CP dated March 18, 2025 on amending Decree No. 118/2021/ND-CP on elaboration and enforcement of the law on handling of administrative violations

THE GOVERNMENT OF VIETNAM -------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom – Happiness ---------------
No. 68/2025/ND-CP	Hanoi, March 18, 2025

 

DECREE

Amending certain Articles of the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021 on elaboration and enforcement of the Law on Handling of Administrative Violations

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

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012; and the Law on amendments to certain Articles of the Law on Handling of Administrative Violations dated November 13, 2020;

Pursuant to the Law on Electronic Transactions dated June 22, 2023;

Pursuant to the Law on Identification dated November 27, 2023;

At the request of the Minister of Justice;

The Government hereby promulgates a Decree amending certain Articles of the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021 on elaboration and enforcement of the Law on Handling of Administrative Violations.

Article 1. Amendments to certain Articles of the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021 on elaboration and enforcement of the Law on Handling of Administrative Violations

1. Amendments to certain Clauses of Article 4:

a) Clause 2 Article 4 is amended as follows:

“2. Administrative violations shall be stipulated as follows:

a) Acts of administrative violation, penalties, fines and remedial measures must be specified in decrees on penalties for administrative violations in the corresponding state management sectors and must be suitable to nature of these acts.

b) In the case where an act of administrative violation in one sector is related to another sector, the stipulated violation, penalty, fine and remedial measure will be referred to and the authority to impose the penalty for the act will be stipulated. Due to the specific characteristics of the act related to the sector, the location of violation, the consequences of the act, and other objective factors and conditions, the violation, penalty, fine, and remedial measure can be stipulated in association with such characteristics.”.

b) Clause 5a is added to after Clause 5 of Article 4 as follows:

“5a. Regarding an administrative violation for which the penalty is confiscation of evidence and means of administrative violation, decrees on penalties for administrative violations in the state management sectors shall stipulate remedial measures of compelling the repayment of an amount equivalent to the value of the evidence and means of administrative violation that have been consumed, concealed, or destroyed in contravention of the law, ensuring compatibility with the nature and characteristics of the violation. The time for identifying individuals and organizations that illegally consume, concealed, or destroy evidence and means of administrative violations is when the working minutes, the minutes of temporary detention of evidence and means of administrative violations, and the offence notices according to the provisions of law on handling administrative violations.”.

2. Clause 3 is added after Clause 2 of Article 7 as follows:

“3. The authority, procedures and forms applied in the imposition of administrative penalties shall comply with the regulations of legislative documents effective at the time of consideration and handling of the violations.".

3. Clause 1a and Clause 1b are added to after Clause 1 Article 8 as follows:

“1a. If an individual or organization repeats an administrative violation that was penalized, or commits another violation under the same clause or article at a different level of severity or consequence, it will be considered a repeated violation or multiple counts of violation.

1b. If the multiple counts of violation are defined as an aggravating circumstance and fall under the provisions of Clause 1a of this Article, the highest fine bracket and the longest period of suspension or revocation of practicing certificates/licenses will be imposed for each count of violation.”.

4. Article 9 is amended as follows:

“Article 9. Imposition of fines; fixed-term suspension of practicing certificates/licenses; fixed-term suspension of operations; confiscation of exhibits/means of administrative violations, and implementation of remedial measures

1. The principle of determining a specific fine for an administrative violation in the case of aggravation or mitigation:

a) The specific fine for an administrative violation is the average amount of the fine range stipulated for the violation;

b) If there is a mitigating circumstance, the specific fine shall be determined within the range from the minimum to average amount of the fine range; in case there are at least 02 mitigating circumstances, the minimum amount of the fine range shall be applied;

c) If there is an aggravating circumstance, the specific fine shall be determined within the range from the average to maximum amount of the fine range; in case there are at least 02 aggravating circumstances, the maximum amount of the fine range shall be applied;

d) If there are both aggravating and mitigating circumstances, one aggravating circumstance will cancel out one mitigating circumstance;

dd) If a decree on penalties for administrative violations in the state management sectors stipulates the principle for determining the specific fine for an administrative violation in the case where there are both aggravating and mitigating circumstances, such decree shall be applied.

2. Regarding an administrative violation in the case of aggravation and/or mitigation, principles for determining the fixed term of suspension of a practicing certificate/license or suspension of operations:

a) The fixed term of suspension of a practicing certificate/license, suspension of operations is determined as the average value of the revocation or suspension time range stipulated for such violation;

b) If there is a mitigating circumstance, the suspension term shall be determined within the range from the minimum value to the average value of the suspension time range; in case there are at least 02 mitigating circumstances, the minimum of the time range shall be applied;

c) If there is a aggravating circumstance, the suspension term shall be determined within the range from the average value to the maximum value of the suspension time range; in case there are at least 02 aggravating circumstances, the maximum of the time range shall be applied;

d) If there are both aggravating and mitigating circumstances, one aggravating circumstance will cancel out one mitigating circumstance;

dd) If a decree on penalties for administrative violations in the state management sectors stipulates the principle for determining the fixed term of suspension of practicing certificate/license or suspension of operations when committing an administrative violation in the case where there are both aggravating and mitigating circumstances, such decree shall be applied.

3. Imposition of fixed-term suspension of practicing certificates/licenses:

a) In case an individual or organization commits multiple violations that lead to suspension of different types of licenses and practicing certificates at the same time, the suspension period shall be the periods applicable to the corresponding types;

b) In case an individual or organization commits multiple violations at the same time, at least two of which lead to suspension of the same practicing certificate/license for different periods, the longest suspension period shall be applied;

c) In case an individual or organization commits multiple violations under the case specified in clause 1a Article 8 of this Decree, each of which leads to suspension of the same license for different periods, the longest suspension period shall apply.

d) In case an individual or organization commits a violation leading to suspension of a practicing certificate/license which remains valid for a period shorter than the suspension period, the latter shall apply. In case a violating individual or organization is granted a new practicing certificate/license or has their granted practicing certificate/license replaced in the course of suspension according to the penalty decision, they are not allowed to perform the activities written on the practicing certificate/license during the suspension period;

dd) In case an individual or organization commits a violation leading to fixed-term suspension of a practicing certificate/license which is being suspended under the administrative penalty decision, they are considered to operate without practicing certificate/license.

4. Imposition of fixed-term suspension of operations:

a) In case an individual or organization commits multiple violations leading to fixed-term suspension of multiple different operations at the same time, the period of suspension applicable to each operation shall be applied;

b) In case an individual or organization commits multiple violations at the same time, two of which are penalized by suspending the same operation for varying periods, the longest suspension period shall be applied;    

c) In case an individual or organization commits multiple violations under the case specified in clause 1a Article 8 of this Decree, each of which leads to suspension of the same operation for a different period, the operation shall be suspended for the longest period among them.

5. In case an individual or organization commits multiple violations which are penalized separately, the commission of multiple violations shall not be considered as an aggravating circumstance when considering deciding administrative penalty for each violation.

6. The authority to impose the suspension of a practicing certificate/license shall comply with the provisions of the Law on Actions against administrative violations, regardless of the authority to issue the practicing certificate/license.

7. The temporary retention or retention of practicing certificates/licenses:

a) During the execution of official duties, competent persons are responsible for verifying the information regarding the practicing certificates/licenses of violating individuals and organizations from databases, electronic identification documents, and electronic identification accounts as stipulated; if the information cannot be verified, they shall request the violating individuals and organizations present their practicing certificates/licenses. In case the temporary retention of practicing certificates/licenses is imposed as prescribed in clause 1 Article 125 of the Law on Actions against administrative violations, competent persons shall request the violating individuals and organizations to submit the physical practicing certificates/licenses and temporarily retain such documents as per regulations;

b) In case the revocation of practicing certificates/licenses is imposed, competent persons shall request the violating individuals and organizations to submit the physical practicing certificates/licenses and retain such documents, except for cases where the practicing certificates/licenses have been temporarily retained as prescribed in clause 7 Article 125 of the Law on Actions against administrative violations;

c) The submission and retention of a physical practicing certificate/license shall be recorded in writing and one record shall be provided to the violating individual or the representative of the violating organization. If the record of temporary retention of a practicing certificate/license has been made, the retention record will remain its value to the end of the period of suspension of the practicing certificate/license according to the administrative penalty decision;

d) In the case where a license is issued in electronic form or presented in the form of a data message, the authority or competent individual shall temporarily retain or revoke the electronic license in accordance with regulations if the conditions regarding infrastructure, technical capabilities, and information are met. The temporary retention or revocation of the license shall be updated on the database or electronic identification document/electronic identification account, in accordance with regulations.

8. Within 02 working days from the date of issuance of the penalty decision to revoke a practicing certificate/license, the competent authority that has issued the penalty decision must send the decision to the authority that has issued the practicing certificate/license (issuing authority). The issuing authority shall update information on the retention or revocation of the practicing certificate/license on the database.

9. Persons having authority to confiscate exhibits/means of administrative violations specified in clause 2 Article 65 and clause 4 Article 126 of the Law on Actions against administrative violations are the persons having authority to impose administrative penalties for such violations.

In the case where the exhibits or means of administrative violations are goods that are prohibited from storage and circulation, the determination of the persons having authority to confiscate them shall comply with the provisions in Clause 4, Article 24 of this Decree.

10. Persons having authority to implement the remedial measures specified in clause 2 Article 65 of the Law on Actions against administrative violations are persons having authority to impose administrative penalties for the violations.

11. The person having authority to confiscate the exhibits/means of an administrative violation which are goods, items harmful to human health, livestock, crops, and the environment or harmful cultural products as stipulated in Clause 5 Article 126 of the Law on Actions against administrative violations are those having authority to impose administrative penalties for such violations.”.

5. Article 11 is amended as follows:

“Article 11. Authority to impose penalties for administrative violations of regulations on inspection

1. The chief of a specialized inspectorate has the authority to impose a penalty for an administrative violation within the scope and content of the inspection during the inspection period according to inspection laws.

When the inspection period expires according to inspection laws but no penalty decision is made due to objective reasons, the case shall be transferred to the person having authority to impose penalty.

2. Where the penalty decision is contested, the contest shall be handled in accordance with the provisions of law on handling inspection-related contests.

3. The authority to rectify, amend, supplement, or annul a decision of the chief of a specialized inspectorate and to issue a new decision in case the inspection period has expired is determined in the following order:

a) If the Chief of the specialized inspectorate who has made a penalty decision is the person having authority to impose penalty in accordance with regulations concerning the case, the authority shall still reside with that person;

b) If the person who has made an inspection decision is the person having authority to impose penalty in accordance with regulations concerning the case, the authority shall be held by that person;

c) In the cases other than those specified in points a and b of this clause, the authority shall be held by the Chief of an inspectorate having authority to impose penalty for the case or the Head of the specialized authority assigned to conduct inspection having the authority to impose penalty for the case or the Chairperson of the People’s Committee having authority to impose penalty of the location where the violation occurs.

4. The authority to enforce an administrative penalty decision issued by the Chief of a specialized inspectorate in case the inspection period has expired shall comply with the provisions of clause 3 of this Article.".

6. Article 12 is amended as follows:

“Article 12. Issuing offence notices

1. Grounds for issuing offence notices:

a) Regarding administrative violations not within the jurisdiction to issue offence notices or not within the sector or area of management, or cases that require assessment, examination, testing of exhibits and means, or other necessary circumstances, the competent persons who are performing their duties are responsible for documenting the violations;

b) The working minutes specified in point a of this clause or minutes and documents recording the violations detected during the inspection, performance of state management or taking of legal proceedings are one of the grounds for issuing offence notices;

c) In the case where a person reviewing or handling a case does not have the authority to issue offence notices, the minutes and documents specified in point b of this clause and the enclosures (if available) must be promptly forwarded to the person having authority to issue offense notices in accordance with law.

2. In the case of forwarding a violation case file for the imposition of an administrative penalty without one of the decisions stipulated in Clause 1, Article 63 of the Law on Actions against administrative violations, the following shall be implemented:

a) The person having authority to issue office notices of a criminal proceeding authority shall issue an office notice in accordance with the provisions of Article 58 of the Law on Actions against administrative violations before forwarding the case file;

b) If it does not fall under the provisions specified in point a of this clause, the written request for imposing administrative penalty made by the criminal proceeding authority must contain the following main contents: Information about violating individuals, organizations, and agencies, organizations, individuals involved; time, date, month, year, location of the violation; specific and comprehensive description of the case, act of violation; points, clauses, articles of the decree stipulating penalties for administrative violations in specific sectors.

3. In the case where the violation case file is forwarded for the imposition of administrative violations as prescribed in clause 1 Article 63 of the Law on Actions against administrative violations, the written request for imposing administrative violation of the criminal proceeding authority shall consist of the contents specified in point b clause 2 of this Article.

4. Time limit for issuing offence notices:

a) An offence notice shall be issued within 03 working days after detecting the administrative violation;

b) In the case where the case consists of multiple complex circumstances or has a large scale and causes effects to legal rights and interests of organizations or individuals, the offence notice shall be issued within 05 working days after detecting the administrative violation;

c) If the administrative violation is detected by professionally technical equipment/means or it is required to value exhibits/means of the violation, conduct assessment, inspection, verification or testing, the offence notice shall be issued within 03 working days from the day on which the violator is identified by professionally technical equipment/means or from the date of receiving the results of the valuation of exhibits/means of the violation, assessment, inspection and verification or testing;

d) In the case where a case involves multiple different administrative violations, including violations detected by professionally technical equipment/means or violations that require valuing exhibits/means of the violation, or conducting assessment, inspection, verification or testing, the offence notice shall be issued for the violations involved in the case within 05 working days from the day on which the violator is identified by professionally technical equipment/means or from the date of fully receiving the results of the valuation of exhibits/means of the violation, assessment, inspection and verification or testing.

5. Issuing offense notices in certain cases:

a) An administrative violation case involves multiple violations in the same state management sector, the competent person who has accepted and is handling the case shall issue an offence notice for administrative violations within their jurisdiction and prepare the working minutes for violations beyond their jurisdiction according to the provisions of point a clause 1 of this Article.  The forwarding of the violation case file and exhibits/means of administrative violations (if any) shall comply with the provisions of Article 24 of this Decree.

b) An administrative violation case involves multiple violations in different state management sectors, the competent person who has accepted and is handling the case shall issue an offence notice for administrative violations within their jurisdiction and prepare the working minutes for violations beyond their jurisdiction according to the provisions of point a clause 1 of this Article.  The forwarding of the violation case file and exhibits/means of administrative violations (if any) shall comply with the provisions of Article 52 of the Law on Actions against administrative violation, clauses 3 and 4 Article 24 of this Decree;

c) In the case where an individual or organization commits multiple different administrative violations involved in the same violation case, the competent person shall issue an offence notice specifying each violation, except for the cases specified in points a and b clause 5 of this Article;

d) In the case where multiple individuals or organizations commit the same administrative violation involved in a case, the competent person may issue one or more offence notices for each violating individual or organization. If the exhibits/means of administrative violation are different, the competent person shall specify the value of the exhibits/means of administrative violation related to each violating individual or organization;

dd) In the case where multiple individuals or organizations commit multiple different administrative violations involved in a case, the competent person may issue one or more offence notices specifying each violation for each violating individual or organization;

e) In the case where an individual or organization commits an administrative violation for multiple instances, the competent person shall issue an offence notice specifying the violation and each instance of violation.

6. In the case where an administrative violation is detected by professionally technical equipment/means, the location where the offence notice is issued shall comply with the provisions of clause 2 Article 58 of the Law on Actions against administrative violations.

7. The forwarding of the results collected by professional technical equipment/means to persons having authority to handle administrative violations to issue offence notices and issue decisions on administrative penalties shall comply with the Government's regulations on lists, management and use of professional technical equipment/means, and collection and use of data obtained from technical equipment/means provided by individuals or organizations for the detection of administrative violations.

8. Signing offence notices:

a) An offence notice must be executed in at least two originals, and signed by the issuer and the violator or the representative of the violating organization, except in cases where the notice is issued as stipulated in Clause 7, Article 58 of the Law on Actions against administrative violations; if the violator is unable to sign, fingerprinting must be done; if there are witnesses, interpreters, victims, or representatives of the harmed organization, they must also sign the notice; in cases where the notice consists of multiple pages, all relevant parties must sign each page of the notice.

b) In the case where the violator or the representative of the violating organization is not present at the site where the violation occurs, is deliberately evading, or is unable to sign or fingerprint the notice due to objective reasons, or is present but refuses to sign or fingerprint the notice, or in the case where it is impossible to identify the violator, the notice must bear the signature of the representative of the local government at the site where the violation occurs or at least one witness confirming that the violating individual or organization has not signed the notice; if there is no signature from the representative of the local government or from the witness, the reasons must be clearly stated in the notice.

9. Forwarding or delivering/sending offence notices:

a) Offence notices shall be transferred or delivered as prescribed in clause 5 Article 58 of the Law on Actions against administrative violations. In the case of a minor committing an administrative violation, the notice must also be sent to the parents or guardians of that individual;

b) In the case where an administrative violation occurs at sea or on aircraft, a ship, or a train, the competent person, the commander of the aircraft, vessel captain, or head of the train, or the person entrusted by the aircraft commander, vessel captain, or head of the train shall issue an offence notice as stipulated in Clause 4 of this Article and forward it to the person having authority to impose administrative penalties within 03 working days from the date of arrival at the shore or the date the aircraft, vessel, or train arrives at the airport, port, or station. In the event that an offence notice has not been issued at the time of arrival at the shore, airport, port, or station, the offence notice shall be forwarded within the period specified in the provisions of Clause 5, Article 58 of the Law on Actions against administrative violations;

c) In the case where the violator or the representative of the violating organization is not present at the site where the offence notice is issued, the notice shall be sent by mail in a guaranteed manner or posted at the residence of the violator or the headquarters of the violating organization. If the violator or the representative of the violating organization is present but refuses to receive the notice, or the notice has been sent by mail or posted at the residence of the violator or the headquarters of the violating organization, it shall be considered as having been delivered/sent.

10. The issuance and sending of offence notices by electronic means as prescribed in Clause 7, Article 58 of the Law on Actions against administrative violations shall comply with the regulations of the decree on administrative penalties for violations in the corresponding state management sector and conform to the nature of each sector.”.

7. Article 13 is amended as follows:

“Article 13. Annulment or promulgation of decisions on administrative penalties

1. The person who issued the decision independently or at the request of the individuals specified in Clause 3, Article 18 of the Law on Actions against administrative violations must issue a decision to annul the entirety of the decision if it falls under one of the following cases:

a) The case specified in clause 1 Article 12 of the Law on Actions against administrative violations;

b) The case specified in clause 3 Article 62 of the Law on Actions against administrative violations;

c) The decision on administrative penalties is issued in the cases specified in clause 1 Article 65 of Law on Actions against administrative violations;

d) The decision on administrative penalties is issued beyond their jurisdiction or is not applicable to the regulated entities;

dd) Violating the procedures for administrative penalties leads to the violations specified in points c, d, e, g and h of this clause;

e) Identifying administrative violations incorrectly or identifying administrative violations in cases where no administrative violations have occurred;

g) Applying improper penalties for administrative violations;

h) Falsification and distortion of administrative penalty dossiers.

2. The annulment or issuance of decisions specified in clause 1 of this Article shall only apply to the decisions on administrative penalties specified in Part two of the Law on Actions against administrative violations.

The cancellation or replacement of measures to prevent and ensure the handling of administrative violations shall comply with the provisions set forth in Part four of the Law on Actions against administrative violations.

3. In the case where the title holder having authority to impose administrative penalties has made a decision but their tasks, powers, or organizational structure are changed, leading to the deprivation of his/her authority or title, the violation case file shall be forwarded to the Chairperson of the People's Committee having authority to impose penalties of the area where the violation occurred, or to the person having authority to impose penalties for violations against regulations on state management in order to issue a decision on annulment, except in the cases specified in Clause 3 of Article 11 of this Decree.

4. In the event that there is a judgment or decision of the court regarding the annulment of the entire decision being contested, if there are grounds for issuing a new decision, the person who issued the annulled decision must issue a new decision or authorize another person to issue a new decision as prescribed in paragraphs 5, 6, and 7 of this Article.

5. In the cases specified in points c, d, dd, e, g and h clause 1 of this Article, if the prescriptive time limit for imposition of a penalty for an administrative violation is unexpired or there are grounds as stipulated, the person who has issued the annulment decision shall issue a new decision or authorize another competent person to issue a new decision.

6. In the case where it is required to issue a new decision, the competent person shall make a record on verification of the details of the administrative violation case in accordance with Article 59 of the Law on Actions against administrative violations.

The time limit for issuing a new penalty decision specified in clauses 4, 5, and 6 of this Article shall not exceed 07 working days from the date of verification record.

7. In the case stipulated in point c, clause 1 of this Article, if the exhibits/means of administrative violations are goods prohibited from storage and circulation, or if the law provides for the imposition of confiscation or application of remedial measures, the competent person who has issued the annulment decision must issue a new decision or authorize another person to issue a new decision for confiscation and application of remedial measures.”.

8. Article 14 is amended as follows:

“Article 14. Correction, amendment and partial annulment of decisions on administrative penalties

1. The person who has issued the decision independently or at the request of the individuals specified in Clause 3, Article 18 of the Law on Actions against administrative violations shall correct the decision when it is incorrect in terms of drafting techniques.

2.  The person who has issued the decision independently or at the request of the individuals specified in Clause 3, Article 18 of the Law on Actions against administrative violations shall amend and or partially annul the decision when it is incorrect and does not fall under the cases specified in clause 1 Article 13 of this Decree and Clause 1 of this Article.

3. No amendments, additions, or partial cancellations/annulments of a decision on administrative penalties for a violation of procedures for administrative penalties that does not lead to the violation of the provisions at any of points c, d, e, g, and h of Clause 1 of Article 13 of this Decree shall be made, except for the provisions outlined in Clause 2 of this Article.

4. In the case where the title holder having authority to impose administrative penalties has made a decision but their tasks, powers, or organizational structure are changed, leading to the lack of authority or the loss of the title, the violation case file shall be forwarded as prescribed in clause 3 Article 13 of this Decree in order to issue a decision on correction, amendment or partial annulment of the decision, except in the cases specified in Clause 3 of Article 11 of this Decree.

5. The provisions of clauses 1, 2, 3 and 4 of this Article do not apply to the correction, amendment, or partial annulment of decisions on implementing preventive measures and ensuring the handling of administrative violations.

6. Decisions on correction, amendment or partial annulment of decisions shall be stored in penalty dossiers.”.

9. Article 16 is amended as follows:

“Article 16. Effect, time limit and prescriptive period for enforcement of decisions on correction, amendment or annulment or new decisions on administrative penalties

1. A decision on correction, amendment or annulment or a new decision shall be effective from the date of signing and must be enforced immediately upon notification to the violating individual or organization. The delivery of decisions on correction, amendment, annulment or new decisions shall comply with the provisions of Article 70 of the Law on Actions against administrative violations concerning the notification of administrative penalty decisions for enforcement.

2. The time limit for the enforcement of decisions on correction or amendment, or new decisions shall be in accordance with the provisions in Section 2, Section 3 of Chapter III, Part Two of the Law on Actions against administrative violations.

3. The prescriptive period for the enforcement of decisions on correction or amendment of the issued penalty decisions, or new penalty decisions begins from the date of issuance of these decisions until the expiry date of corrected/amended/annulled penalty decisions specified in Article 74 of the Law on Actions against administrative violations, except for the cases specified in Clause 4 of this Article.

4. The prescriptive period for the enforcement of decisions on correction or amendment of the issued penalty decisions as prescribed in clause 2 Article 15 of this Decree or new decisions in cases of changing violating subjects shall be in accordance with the provisions of Article 74 of the Law on Actions against administrative violations.

5. The prescriptive period for the enforcement of decisions on correction or amendment of the issued enforcement decisions, or new enforcement decisions begins from the date of issuance of these decisions until the expiry date specified in Article 74 of the Law on Actions against administrative violations of enforced penalty decisions, except in the cases where decisions on correction or amendment of the issued enforcement decisions are applicable to the cases specified in clause 2 Article 15 of this Decree and the cases where new decisions are issued due to the change in the violating subjects.

6. In cases where the time limit specified in clauses 3, 4 and 5 of this Article is expired, such decisions shall no longer be enforced, except in cases where the penalty decisions state the confiscation of exhibits/means of administrative violations, and remedial measures, in which cases the exhibits/means must still be confiscated and the remedial measures must still be implemented.”.

10. Article 22 is amended as follows:

“Article 22. Forwarding administrative penalty decisions for the enforcement thereof

1. The agency of the person who has issued a penalty decision, for the cases specified in Clause 1 and Clause 2 of Article 71 of the Law on Actions against administrative violations, is responsible for forwarding the entire original documentation and related papers to the agency receiving the penalty decision for enforcement (receiving agency) and keep its copy at the agency. The confiscated exhibits/means of administrative violations (if any) shall be forwarded to the receiving agency, except for the cases specified in clause 3 Article 71 of the Law on Actions against administrative violations and real estate, aircraft, sea vessels, inland waterway vessels, goods and means of transportation that are bulky, difficult to transport or have high transportation costs.

The forwarding and handover of exhibits/means of administrative violations to receiving agencies shall be recorded in writing

2. In the case where individuals or organizations are granted the deferment, reduction or exemption from fines, or allowed to pay fines in multiple instalments as stipulated in Articles 76, 77, and 79 of the Law on Actions against administrative violations, the decisions on the deferment, reduction, exemption from fines, or the allowance to pay fines in multiple instalments must be forwarded to the receiving agencies.

3. In cases where enforcement of penalty decisions is necessary, the provisions of Clause 3, Article 87 of the Law on Actions against administrative violations shall apply.".

11. Article 24 is amended as follows:

“Article 24. Identification of authority to impose penalties and temporary retention of exhibits or means of administrative violations in some cases

1. The identification of authority to impose administrative penalties and the implementation of remedial measures shall comply with the provisions of Article 52 of the Law on Actions against administrative violations.

2. An administrative violation case that has been accepted and is being processed by the competent person from a central authority organized in the vertical structures located at the local area but is required to be forwarded to the person having authority to impose penalties, the case may be forwarded according to the provisions of the decree on administrative penalties for violations in the corresponding state management sector or according to the following order:

a) The person having authority to impose administrative penalties belonging to the central authority organized in the vertical structures located at the local area;

b) The Chief Inspector of the ministry or the person having the highest authority to impose administrative penalties under their management, or the Chairperson of the People's Committee having authority to impose penalties of the location where the violation occurs. The administrative violation case involving the violation specified in point c clause 4 Article 52 of the Law on Actions against administrative violations or the case involving the exhibits/means of administrative violation that are real estate, aircraft, sea vessels, inland waterway vessels, goods and means of transportation that are bulky, difficult to transport or have high transportation cost shall be penalized by the Chairperson of the People’s Committee having authority to impose penalties of the area where the violation occurs.

3. The administrative violation case involving multiple violations in different state management sectors, including violations the penalties for which are not under the jurisdiction of the Chairperson of the People’s Committee, shall be processed as follows:

a) For the violations subject to penalties by the Chairperson of the People's Committee, they shall be identified according to the provisions at point c, clause 4, Article 52 of the Law on Actions against administrative violations;

b) For the violations not subject to penalties by the Chairperson of the People's Committee, they shall be identified according to the provisions at points a and b, clause 4, Article 52 of the Law on Actions against administrative violations.

4. The authority to impose penalties in cases of confiscation of exhibits/means of administrative violation that are goods prohibited from storage or circulation shall be identified according to the following principles and order:

a) If the person who is handling the case in any of the fields and sectors under their management specified in Articles 39 through 49 and Article 51 of the Law on Actions against administrative violations does not have the authority to confiscate exhibits/means of administrative violation or the authority to confiscate exhibits/means of administrative violation depends on the authority to impose fines, the violation case must be forwarded to the person having both authority to impose penalties in the same field or sector and authority to confiscate the exhibits/means regardless of their value;

b) If the person who is handling the case is not included in point a of this clause, the violation case must be forwarded to the Chairperson of the People’s Committee having authority to impose penalties of the area where the violation occurs;

c) If the person who is handling the case has grounds to determine that the exhibits/means of administrative violation are goods prohibited from storage and circulation, the authority to impose penalties shall be determined according to the provisions in Chapter II of Part Two of the Law on Actions against administrative violations and the regulations of the decree on administrative penalties.

5. The authority to issue decisions on temporary retention of exhibits/means of administrative violation that are goods prohibited from storage and circulation shall comply with the provisions of clause 3 Article 125 of the Law on Actions against administrative violations.".

12. Clause 1 of Article 31 is amended as follows:

“1. Plans for inspecting the enforcement of laws on handling of administrative violations of ministries, ministerial authorities, Supreme People’s Court of Vietnam, State Audit Office of Vietnam and the Provincial People’s Committees shall be submitted to the Ministry of Justice for monitoring, consolidation and cooperation in implementation.”.

13. Several points of clauses 2 and 3 of Article 35 are amended as follows:

a) Amendments to Point a Clause 2 Article 35:

“a) Comments and general assessment of the situation of administrative violations and administrative penalties; common types of violations;”;

b) Amendments to point b clause 2 of Article 35:

“b) The number of administrative violation cases, cases for which administrative penalties have been imposed, cases where decisions to impose administrative penalties have not been made in accordance with Article 65 of the Law on Actions against administrative violations, cases for which offence notices have been issued but where decisions on administrative penalties have not yet been made; entities against whom administrative penalties are imposed;”;

c) Amendments to Point c clause 2 of Article 35:

“c) Results of enforcement of penalty decisions: The total number of penalty decisions; the total amount collected from administrative penalties; the number of penalty decisions that have been completely executed; the number of decisions on deferment, reduction, or exemption from fines; the number of decisions that must be enforced; the number of decisions being contested;”;

d) Addition of Point g1 to after point g clause 3 of Article 35:

“g1) The number of violators currently undergoing community-based compulsory educational measures; granted temporary suspension or exemption from enforcement of decisions for the remaining period;”.

14. Amendments to several points of clauses 1 and 2 and clause 5 of Article 37:

a) Amendments to Point d Clause 1 Article 37:

“d) Develop database on handling administrative violations in the fields and sectors under their management; direct information providers to serve development of database on handling administrative violations and integrate information into the National database on handling administrative violations of the Ministry of Justice;”;

b) Amendments to Point dd Clause 1 Article 37:

“dd) Conduct inspection of the enforcement of laws on handling administrative violations within the scope of assigned functions and duties;”;

c) Addition of Point dd1 to after point dd clause 1 of Article 37:

 “dd1) Provide guidance on the implementation of laws on handling of administrative violations within their jurisdiction or at the request of ministries, central authorities, or local authorities within the scope of assigned functions and tasks;";

d) Amendments to Point c Clause 2 Article 37:

“c) The Ministry of Public Security shall report the application of community-based compulsory educational measures; compulsory admission to reform schools and rehabilitation institutions as prescribed in points a, c, d, dd, e, g, g1, h, i and k Clause 3 Article 35 hereof;

dd) Amendments to Clause 5 Article 37:

“5. Ministries and ministerial agencies shall assign legal organizations or suitable units to play the leading role in assisting the Ministers and Heads of ministerial agencies in managing the enforcement of laws on handling of administrative violations in the fields under their management, carrying out tasks prescribed in clauses 1 and 2 of this Article and other assigned tasks, ensuring the conformity with the functions, tasks and powers of each unit.”.

15. Addition of Clause 4a to after Clause 4 of Article 41:

“4a. The form used in administrative penalties for a violator  being a household, business household, or residential community shall be filled in as follows:

a) Information of the household, household business, or residential community is written in the information section of the organization;

b) In the section titled "name of the organization", clearly state the phrase "household" associated with the name of the householder if the violator is a household, clearly specify the name of the household business in accordance with Government’s regulations on enterprise registration if the violator is a household business, and clearly state the phrase "residential community" associated with the address if the violator is a residential community;

c) In the section titled "enterprise identification number", write the household business identification number if the violator is a household business, and cross out it if the violator is a household or a residential community;

d) In the section titled "serial number of enterprise/investment registration certificate or serial number of establishment/operation registration license", write "serial number of household business registration certificate" if the violator is a household business, and cross out it if the violator is a household or residential community;

dd) In the section titled "legal representative", clearly state the full name of the householder if the violator is a household, clearly state the full name of the business owner if the violator is a household business, and clearly state the full name of the representative of the residential community, who is the mayor of a village, hamlet, neighbourhood or similar residential area, or the individual designated by the residential community if the violator is the residential community.”.

16. Addition of Clause 4b to after Clause 4a of Article 41:

“4b. The form used in administrative penalties for a violator being an artel, branch, representative office, business location of a juridical entity or organization shall be filled in as follows:

a) Information of the artel, branch, representative office, business location is written in the information section of the organization;

b) In the section titled "name of the organization," clearly specify the name of the artel as stipulated by the Government if the violator is an artel, specify the name of the branch, representative office, or business location as per the provisions of enterprise law if the violator is a branch, representative office, or business location;

c) In the section titled "business identification number", write the artel identification number if the violator is an artel, specify the branch identification number if the violator is a branch, specify the representative office identification number if the violator is a representative office, specify the business location identification number if the violator is a business location;

d) In the section titled "legal representative", write the full name of the authorized representative of the artel members if the violator is an artel, specify the full name of the head of the branch/representative office/business location if the violator is a branch/representative office/business location.”.

Article 2. Addition, replacement and annulment of some words, phrases and clauses of Articles and forms of the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021 on elaboration and enforcement of the Law on Actions against administrative violations

1. Addition, replacement and annulment of some phrases in Decree No. 118/2021/ND-CP:

a) Add the word "vụ" to before the phrase " bưu chính" to be come “dịch vụ bưu chính” (“public postal services”) in two places in point c clause 2 Article 20 of Decree No. 118/2021/ND-CP;

b) Annul the phrase "and social order and security” in point c clause 3 Article 5 of Decree No. 118/2021/ND-CP;

c) Annul the words/phrases “drugs,” and “goods prohibited from storage and circulation,” in point 6 clause 5 of Decree No. 118/2021/ND-CP;

d) Add the word “handling” to before the second phrase “administrative violations” in clause 5 Article 31 of Decree No. 118/2021/ND-CP;

dd) Annul the phrase “, Vietnam Social Security” in clauses 2 and 3 of Article 31, clause 1 of Article 33, point c of clause 1 of Article 36, the title of Article 37, the title of clause 1 of Article 37, point e of clause 1 of Article 37, and the title of clause 2 of Article 37 of Decree No. 118/2021/ND-CP;

e) Add the phrase “or according to the plan” to after the phrase “legal rights and interests of individuals and organizations” in Clause 1 of Article 32 of Decree No. 118/2021/ND-CP;

g) Annul the phrase “Vietnam Social Security,” in Point a, Clause 2, Article 37 of Decree No. 118/2021/ND-CP;

h) Replace the phrase “clauses 1, 2, and 5 of Article 37" with the phrase "Clause 1, points a and d of clause 2, clause 5 of Article 37" in clause 1 of Article 38 of Decree No. 118/2021/ND-CP.

2. Annul Clause 3 of Article 15, Clause 4 of Article 17, and Point b of Clause 2 of Article 37 of Decree No. 118/2021/ND-CP.

3. Replace the forms of Decision No.01, Decision No. 02, decision No. 11, decision No. 38, decision No. 39, decision No. 40, Notice No. 01, Notice No. 05, and Notice No. 27 in "Appendix of some forms in administrative penalties" enclosed with Decree No. 118/2021/ND-CP with the forms of decision No. 01, decision No. 02, decision No. 11, decision No. 38, decision No. 39, decision No. 40, Notice No. 01, Notice No. 05, and Notice No. 27, respectively, in the Appendix enclosed with this Decree.

Article 3. Implementation clauses

This Decree comes into force as of May 02, 2025.

Article 4. Responsibilities

1. The Minister of Justice shall provide guidelines for and organize implementation of this Decree.

2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, the Chairpersons of the People’s Committees of provinces or central-affiliated cities and relevant entities are responsible for the implementation of this Decree.

 

ON BEHALF OF THE GOVERNMENT OF VIETNAM PP. PRIME MINISTER DEPUTY PRIME MINISTER Le Thanh Long