Decree No. 93/2025/ND-CP dated April 26, 2025 on amendments to Decree No. 19/2020/ND-CP on inspection of and disciplinary actions against violations arising from enforcement of laws on administrative penalties
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THE GOVERNMENT OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
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No. 93/2025/ND-CP |
Hanoi, April 26, 2025 |
DECREE
AMENDMENTS TO GOVERNMENT’S DECREE NO. 19/2020/ND-CP DATED FEBRUARY 12, 2020 ON INSPECTION OF AND DISCIPLINARY ACTIONS AGAINST VIOLATIONS ARISING FROM ENFORCEMENT OF LAWS ON ADMINISTRATIVE PENALTIES
Pursuant to the Law on Government Organization dated February 18, 2025;
Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012; the Law on amendments to some articles of the Law on Handling of Administrative Violations dated November 13, 2020;
Pursuant to the Law on Officials and Public Employees dated November 13, 2008; the Law on amendments to the Law on Officials and the Law on Public Employees dated November 25, 2019;
Pursuant to the Law on Public Employees dated November 15, 2010;
At the request of the Minister of Justice;
The Government promulgates Decree on amendments to Government’s Decree No. 19/2020/ND-CP dated February 12, 2020 on inspection of and disciplinary actions against violations arising from enforcement of laws on administrative penalties.
Article 1. Amendments to Government’s Decree No. 19/2020/ND-CP dated February 12, 2020 on inspection of and disciplinary actions against violations arising from enforcement of laws on administrative penalties
1. Article 6 shall be amended as follows:
“Article 6. Inspection power
1. The Minister of Justice shall inspect the enforcement of laws on administrative penalties by ministers, ministerial authorities, People's Committees at all levels and authorities managing persons having power to impose administrative penalties.
2. Ministers shall inspect the enforcement of laws on administrative penalties within their jurisdiction. The Governor of the State Bank of Vietnam shall inspect the enforcement of laws on administrative penalties within his/her jurisdiction.
3. Chairpersons of People's Committees at all levels shall inspect the enforcement of laws on administrative penalties within their jurisdiction, except for vertically structured authorities located in their provinces/districts/communes.
4. The Head of Government Cipher Committee shall inspect the enforcement of laws on administrative penalties by its inferior authorities and units.
5. Heads of vertically structured authorities and units affiliated the central authority and managing persons having power to impose administrative penalties, including: People's Public Security; Border Guard; Coast Guard; Customs; Tax; Civil Judgment Enforcement-Managing Agency; State Treasury; State Bank; centralized statistical system; Vietnam Social Security and other vertically structured authorities and units affiliated to the central authority according to regulations of law shall inspect the enforcement of laws on administrative penalties by their inferior authorities and units.
6. Regarding complicated and interdisciplinary cases, on a nationwide scale, the Minister of Justice shall send a report to the Prime Minister to consider deciding authorities in charge of inspection.”.
2. Clause 1 and clause 2 Article 8 shall be amended as follows:
a) Clause 1 shall be amended as follows:
“1. An inspectorate shall be established to conduct inspection as decided by a competent person. Power to establish inspectorates is regulated as follows:
a) The Minister of Justice and Chairpersons of People's Committees at all levels have power to establish interdisciplinary inspectorates and inspectorates that inspect the enforcement of laws on administrative penalties;
b) Persons having power to conduct inspections specified in clauses 2, 4 and 5 Article 6 of this Decree shall establish inspectorates that inspect the enforcement of laws on administrative penalties within their jurisdiction and interdisciplinary inspectorates as directed by the Prime Minister specified in clause 6 Article 6 of this Decree.";
b) Clause 2 shall be amended as follows:
“2. An inspectorate shall be composed of members, including a leader, deputy leaders (if necessary) and other members. Composition and quantity of members of the inspectorate shall be decided by an inspection decision issuer in accordance with the actual situation.”.
3. Point c clause 3 Article 11 shall be amended as follows:
“c) Propagation, training, education and provision of guidance on enforcement of laws on administrative penalties within their jurisdiction;”.
4. Clause 2 shall be amended and clause 5 shall be added after clause 4 Article 12 as follows:
a) Clause 2 shall be amended as follows:
“2. Power to issue inspection plans:
a) Minister and Heads of ministerial authorities have power to formulate inspection plans within their jurisdiction and inspection plans as directed by the Prime Minister specified in clause 1 and clause 2 Article 6 of this Decree;
b) Chairpersons of People's Committees at all levels have power to formulate inspection plans within their jurisdiction;
c) Heads of authorities and units managing persons having power to impose administrative penalties have power to formulate inspection plans within their jurisdiction.”;
b) Clause 5 shall be added after clause 4 as follows:
“5. Within 10 days from the date of issuance, plans for inspection of enforcement of laws on administrative penalties, formulated by Ministers, Heads of ministerial authorities, Chief Justice of the Supreme People's Court and Chairpersons of People's Committees at all levels shall be sent to the Ministry of Justice to monitor, cooperate and organize the implementation.”
5. Clauses 1, 2 and 3 Article 13 shall be amended as follows:
a) Clause 1 shall be amended as follows:
“1. On the basis of inspection plans and bases specified in Article 5 of this Decree, persons having power specified in Article 6 of this Decree shall consider issuing inspection decisions.”;
b) Clause 2 shall be amended as follows:
“2. An inspection decision includes the following basis contents:
a) Decision issuance bases;
b) Inspectee;
c) Inspection duration;
d) Full names and titles of the inspectorate’s leader, deputy leader (if any) and members; powers and responsibilities of the inspectorate;
dd) Full name and title of the inspection decision issuer.”;
c) Clause 3 shall be amended as follows:
“3. The inspection duration specified in point c clause 2 of this Article shall not exceed 15 days; if necessary, the person having power to conduct inspection may extend this duration for up to 10 more days. The inspection duration is the duration during which the inspectorate directly works with the inspectee.
The Minister of Justice shall elaborate this clause.”.
6. Clause 2 Article 14 shall be amended as follows:
“2. The inspection shall be made into a record serving as a basis for issuance of an inspection conclusion.
An inspection record shall include the following basis contents:
a) Record-making date;
b) Full name and title of the inspectorate’s leader or member assigned to make the inspection record;
c) Full name of the individual inspectee; full name and title of the representative of the institutional inspectee;
d) Inspection contents;
dd) Information and documents collected/provided;
e) Opinions collected from the inspectee and other relevant authorities or units;
g) Inspection result;
h) Signatures of the inspectorate’s leader or the assigned member and the individual inspectee or the representative of the institutional inspectee.” .
7. Clauses 1, 2, 3, 5 and 6 Article 15 shall be amended as follows:
a) Clause 1 shall be amended as follows:
“1. Within 01 month from the expiration of the inspection duration, the inspectorate shall draft an inspection conclusion and send it to the inspectee to seek their opinions about contents of the draft inspection conclusion. If the draft conclusion shows that the case is complicated and expansive, this duration may be extended for up to 02 more months from the expiration of the inspection duration,”;
b) Clause 2 shall be amended as follows:
“2. Within 15 days from the date of receipt of the draft inspection conclusion, the inspectee shall send their written opinions about contents of the draft inspection conclusion to the inspectorate. If the draft conclusion shows that the case is complicated and expansive, this duration may be extended for up to 30 more days from the date of receipt of the draft inspection conclusion and the inspectorate shall be notified in writing of such extension.”;
c) Clause 3 shall be amended as follows:
“3. Within 01 month from the date of receipt of written opinions from the inspectee about contents of the draft inspection conclusion or 03 working days from the expiration of the duration specified in clause 2 of this Article, if the inspectorate fails to receive written opinions from the inspectee about contents of the draft inspection conclusion, the inspectorate’s leader shall request the person having power to conduct inspection to issue a inspection conclusion.
The inspectorate’s leader shall sign the inspection conclusion for issuance if authorized by the person having power to conduct inspection.”;
d) Clause 5 shall be amended as follows:
“5. The inspection conclusion shall contain the basic contents, including achieved results; issues, restrictions and causes thereof; clear identification of violations and responsibilities of authorities, organizations and individuals that commit violations; recommended actions against violations, consideration and handling of liabilities of authorities, organizations and individuals that commit violations; duration of notification of results of implementation of the inspection conclusion.”;
dd) Clause 6 shall be amended as follows:
“6. In case of detection of legislative documents on administrative penalties or other relevant legislative documents containing illegal information or information that are not consistent with higher legislative documents; information that shows conflict, overlapping, or is not feasible, or is no longer suitable to the socio-economic situation, the inspectorate shall request a document-issuing authority to inspect, review and deal with such legislative documents according to regulations.”.
8. The first paragraph of clause 1 and point a clause 1 Article 17 shall be amended as follows:
a) The first paragraph of clause 1 shall be amended as follows:
“1. After the inspection conclusion is received, the inspectee, and relevant authority/organization/individual shall assume the following responsibilities:”;
b) Point a clause 1 shall be amended as follows:
“a) Implement recommendations indicated in the inspection conclusion;”.
9. Clause 1 Article 18 shall be amended as follows:
“1. The inspectee shall report the implementation of the inspection conclusion within 02 months from the date of receipt of the inspection conclusion or the request from the inspection conclusion issuer.”.
10. Article 20 shall be amended as follows:
“Article 20. Monitoring and urging implementation of inspection conclusion
1. The person having power to conduct inspection according to Article 6 of this Decree shall be responsible for monitoring and urging implementation of the inspection conclusion by the inspectee.
2. The implementation of the inspection conclusion shall be monitored and urged by way of requesting the inspectee to report the implementation of the inspection conclusion and provide documentary evidence. If necessary, the person having power to conduct inspection shall send a document on urgency or directly work with the inspectee.
3. According to results of monitoring and urging implementation of the inspection conclusion, the person having power to conduct inspection specified in Article 6 of this Decree shall inspect the implementation of the inspection conclusion in accordance with regulations in Article 21 of this Decree.”.
11. Clause 6 Article 21 shall be amended as follows:
“6. The person having power to conduct inspection shall notify in writing results and processing of results of inspection of implementation of the inspection conclusion to the inspectee within 10 days from the date of completion of the tasks specified in clause 5 of this Article.”.
12. Article 22 shall be amended as follows:
“Article 22. Violations arising from enforcement of laws on administrative penalties
1. Retaining violation cases suspected to have criminal signs in order to impose administrative penalties.
2. Forging and falsifying dossiers on administrative penalties or application of measures for handling administrative violations.
3. Abusing positions and powers to harass, demand or receive money or property of violators; tolerating violators, screening them from administrative penalties and constraining them from exercising their rights when imposing administrative penalties.
4. Making unlawful intervention in imposition of administrative penalties.
5. Failing to make violation records when detecting administrative violations as per law.
6. Making violation records ultra vires, against actual violations or violators.
7. Committing violations against regulations on duration for making records of administrative violations or issuing decisions on administrative penalties.
8. Failing to issue decisions on administrative penalties, apply measures for handling administrative violations to violators as per law, confiscate material evidences and means of commission of administrative violations or apply remedial measures in accordance with regulations in clause 2 Article 65 of the Law on Handling Administrative Violations.
9. Imposing administrative penalties, applying remedial measures or measures for handling administrative violations ultra vires, in a manner that does not follow procedures (except for cases of consideration of handling administrative violations specified in clauses 5, 6, 7, 8 and 10 of this Article), or against violators as per law, or imposing administrative penalties or fines on or applying remedial measures to violations in an improper and inadequate manner or failing to impose administrative penalties on or apply remedial measures to administrative violations.
10. Identifying violations in an inaccurate manner when issuing decisions on administrative penalties, except for cases of consideration of handling administrative violations specified in clause 9 of this Article.
11. Extending the duration of application of measures for handling administrative violations.
12. Failing to amend, annul or issue new decisions on administrative penalties or promptly amend, annul or issue new decisions on administrative penalties when any error or violation is detected.
13. Failing to monitor, urge, inspect or organize execution of decisions on administrative penalties, confiscation of material evidences and means of commission of administrative violations or application of remedial measures according to regulations; failing to enforce execution of decisions on administrative penalties or application of remedial measures in accordance with regulations.
14. Illegally using money collected from imposition of administrative penalties.
15. Failing to provide or providing information and documents related to inspection of enforcement of laws on administrative penalties in an inaccurate, inadequate and dishonest manner.
16. Opposing and obstructing inspectors, threatening or intimidating persons providing information and documents for inspectorates or causing trouble to inspection of enforcement of laws on administrative penalties.
17. Illegally intervening in inspection of enforcement of laws on administrative penalties.
18. Providing or revealing information, documents or dossiers on inspectees to organizations and individuals that do not have powers and responsibilities.
19. Failing to carry out or insufficiently and inaccurately carrying out conclusions of inspection of enforcement of laws on administrative penalties.
20. Showing lack of responsibilities for directing the implementation of conclusions of inspection of enforcement of laws on administrative penalties.”.
13. Article 23 shall be amended as follows:
“Article 23. Application of regulations on disciplinary actions to officials and public employees
1. Principles, powers, processes, procedures, violations and other contents related to performance of disciplinary actions against officials and public employees committing violations arising from the enforcement of laws on administrative penalties shall comply with laws on disciplinary actions against officials and public employees.
2. Attitudes of acquisition, correction and proactive implementation of remedial measures will be considered mitigating circumstances when performing disciplinary actions.
3. Officials and public employees will be considered to be exempted from disciplinary actions in the following cases:
a) Cases specified in the Government’s Decree on disciplinary actions against officials and public employees;
b) Violations committed by officials and public employees arise from administrative violators’ faults;
c) Administrative penalty decision issuers conduct self-inspection, detect errors and implement remedial measures according to regulations and consequences have not yet arisen.”.
14. Article 24 shall be amended as follows:
“Article 24. Reprimand
1. The reprimand shall be given to an official who initially commits the following violations, causing less serious consequences:
a) Committing the violations specified in clauses 1, 3, 6, 7, 9, 10, 13, 14, 15, 18 and 20 Article 22 of this Decree;
b) Failing to promptly amend, annul or issue new decisions on administrative penalties when any error or violation is detected;
c) Insufficiently and inaccurately carrying out conclusions of inspection of enforcement of laws on administrative penalties.
2. The reprimand shall be given to a public employee who initially commits the following violations, causing less serious consequences:
a) Committing the violations specified in clauses 3, 6, 14, 15, 18 and 20 Article 22 of this Decree;
b) Committing violations against regulations on duration for making records of administrative violations.”.
15. Article 25 shall be amended as follows:
“Article 25. Warning
1. A warning shall be given to an official who commits one of the following violations:
a) Repeating the violation after having been reprimanded for one of the violations specified in clause 1 Article 24 of this Decree;
b) Initially committing one of the violations specified in clause 1 Article 24 of this Decree, causing serious consequences;
c) Committing the violations specified in clauses 2, 4, 5, 8, 11, 16 and 17 Article 22 of this Decree;
d) Failing to amend, annul or issue new decisions on administrative penalties;
dd) Failing to carry out conclusions of inspection of enforcement of laws on administrative penalties.
2. A warning shall be given to a public employee who commits one of the following violations:
a) Repeating the violation after having been reprimanded for one of the violations specified in clause 2 Article 24 of this Decree;
b) Initially committing one of the violations specified in clause 2 Article 24 of this Decree, causing serious or extremely serious consequences;
c) Committing the violation specified in point c or point dd clause 1 of this Article;
d) Failing to make violation records when detecting administrative violations as per law.”.
16. Article 26 shall be amended as follows:
“Article 26. Pay downgrade
An official who does not hold the management or leadership title shall be subject to pay downgrade when committing one of the following violations:
1. Repeating the violation after having been given a warning against one of the violations specified in clause 1 Article 25 of this Decree;
2. Initially committing one of the violations specified in clause 1 Article 24 of this Decree, causing extremely serious consequences.”.
17. Article 27 shall be amended as follows:
“Article 27. Demotion
An official who holds the management or leadership title shall be demoted when committing one of the following violations:
1. Repeating the violation after having been given a warning against one of the violations specified in clause 1 Article 25 of this Decree;
2. Initially committing one of the violations specified in clause 1 Article 24 of this Decree, causing extremely serious consequences.”.
18. Article 28 shall be amended as follows:
“Article 28. Removal from office
1. A senior official who repeats the violation after having been given a warning against one of the violations specified in clause 1 Article 25 of this Decree shall be removed from office.
2. An official who holds the management or leadership title shall be removed from office when committing one of the following violations:
a) Repeating the violation after having been demoted due to commission of one of the violations specified in Article 27 of this Decree;
b) Initially committing one of the violations specified in clause 1 Article 24 of this Decree, causing particularly serious consequences but he/she is not subject to forced resignation and has attitudes of acquisition, correction and proactive implementation of remedial measures and there are multiple mitigating factors.
3. A public employee who holds the management title shall be removed from office when committing one of the following violations:
a) Repeating the violation after having been given a warning against one of the violations specified in clause 2 Article 25 of this Decree;
b) Initially committing one of the violations specified in clause 2 Article 24 of this Decree, causing extremely serious consequences.”.
19. Article 29 shall be amended as follows:
“Article 29. Forced resignation
1. An official shall be forced to resign from his/her job when committing one of the following violations:
a) Repeating the violation after having been subject to pay downgrade due to commission of one of the violations specified in Article 26 of this Decree;
b) Initially committing one of the violations specified in clause 1 Article 24 of this Decree, causing particularly serious consequences.”.
2. An official who holds the management or leadership title shall be forced to resign from his/her job when committing one of the following violations:
a) Repeating the violation after having been removed from office due to commission of one of the violations specified in clause 2 Article 28 of this Decree;
b) Initially committing one of the violations specified in clause 1 Article 24 of this Decree, causing particularly serious consequences.”.
3. A public employee who does not hold the management title shall be forced to resign from his/her job when committing one of the following violations:
a) Repeating the violation after having been given a warning against one of the violations specified in clause 2 Article 25 of this Decree;
b) Initially committing one of the violations specified in clause 2 Article 24 of this Decree, causing particularly serious consequences.”.
4. A public employee who holds the management title shall be forced to resign from his/her job when committing one of the following violations:
a) Repeating the violation after having been removed from office due to commission of one of the violations specified in clause 3 Article 28 of this Decree;
b) Initially committing one of the violations specified in clause 2 Article 24 of this Decree, causing particularly serious consequences.”.
20. Article 29a shall be added after Article 29 as follows:
“Article 29a. Dismissal
A senior official who commits one of the violations specified in point b clause 2 Article 29 of this Decree shall be dismissed.”.
Article 2. Annulment of Article 19 of the Government’s Decree No. 19/2020/ND-CP dated February 12, 2020.
Article 3. Responsibility for implementation
Ministers, Heads of ministerial authorities, Chairpersons of People's Committees of provinces and central-affiliated cities and relevant authorities shall be responsible for implementing this Decree.
Article 4. Implementation clauses
This Decree enters into force from June 15, 2025.
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ON BEHALF OF THE GOVERNMENT |
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