Circular No. 01/2023/TT-BTP stipulates the reporting regime for the implementation of laws on administrative violation handling.

CIRCULAR

Regulations on the reporting system for the implementation of laws on administrative violations

_____________________ 

Pursuant to the Law on Administrative Sanctions dated June 20, 2012; Decree No. 09/2019/NĐ-CP dated January 24, 2019 of the Government stipulating the reporting system for administrative agencies; Pursuant to Decree No. 01/2022/NĐ-CP dated November 30, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense; Decree No. 03/2025/NĐ-CP dated February 28, 2025 of the Government amending and supplementing certain articles of Decree No. 01/2022/NĐ-CP dated November 30, 2022 of the Government; the Law on Administrative Offense Handling dated November 13, 2020;

Pursuant to Decree No. 118/2021/NĐ-CP dated December 23, 2021, issued by the Government, detailing certain provisions and measures to implement the Law on Handling Administrative Violations;

On the basis of The Minister of Justice promulgates this Circular detailing the reporting system for the implementation of laws on administrative sanctions.;

Pursuant to Decree No. 98/2022/NĐ-CP dated November 29, 2022, issued by the Government, concerning the functions, tasks, powers, and organizational structure of the Ministry of Justice;

At the proposal of the Director of the Department of Administrative Violation Management and Legal Supervision;

This Circular specifies detailed regulations on the reporting system for the implementation of laws on administrative sanctions, including: reporting responsibilities; reporting periods; data closing time and reporting deadlines; methods and means of submitting reports; report outline templates and forms used to compile data accompanying the report, and the revision and supplementation of content and data in the report. The reporting system for the implementation of laws on administrative sanctions applies to Ministries, agencies at the level of ministries; Vietnam Social Security; Supreme People's Court; State Audit Agency; People's Committees at all levels; specialized agencies under provincial People's Committees and central agencies organized vertically, including: People's Courts; State Audit Agency; Public Security; Border Guard; Coast Guard; Customs; Fisheries Inspection; Taxation; Market Management; Civil Execution Agencies; National Treasury; Branches of the State Bank; Central Statistical Organizations; Social Insurance Agencies and other central agencies organized vertically as prescribed by law.

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

1. The agency preparing the report shall be responsible for fully, truthfully, and accurately reporting all contents in the report outline template and the data forms specified in Article 5 and ensuring the data closing time and reporting deadline as stipulated in Clause 2 and Clause 3 of Article 3 of this Circular.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

2. Central agencies organized vertically operating within the territory of provinces and centrally-administered cities shall be responsible for fully, truthfully, and accurately compiling all contents in the report outline template and the data forms specified in Article 5 of this Circular and submitting them to the directly supervising superior agency for consolidation and reporting to the Ministry of Justice, while also sending copies to the People's Committee at the same level where the organization is headquartered.

a) Annual periodic reports aimed at meeting the requirements for comprehensive information to serve state management of administrative sanctions, carried out according to a defined cycle and repeated multiple times; including the components of content specified in Article 5 of this Circular;

b) Specialized reports aimed at meeting the requirements for in-depth information in the field of administrative sanctions to serve state management, carried out one or more times within a specified period.

3. The Chairpersons of People's Committees at all levels shall not include statistical data reports from organizations under central agencies organized vertically within their administrative areas in the reports sent to the receiving agencies.

Article 3. Reporting system, time for finalizing periodic report data, deadline for submitting periodic reports

1. Reports on the implementation of laws on administrative violation handling include:

Specialized reports are prepared in the form of normative legal documents or administrative documents of the agency or person with authority, including the components of content specified in Clause 2 of Article 10 of Decree No. 09/2019/NĐ-CP dated January 24, 2019 of the Government stipulating the reporting system for administrative agencies (hereinafter referred to as Decree No. 09/2019/NĐ-CP).

c) Ad hoc reports aimed at meeting the requirements for information on issues arising suddenly in the field of administrative sanctions, carried out according to the requirements of the agency or person with authority to serve state management.

a) Heads of specialized agencies under provincial People's Committees and agencies organized vertically operating within the territory of provinces and centrally-administered cities, People's Committees at district and commune levels shall report on the implementation of laws on administrative sanctions according to the requirements of their direct superiors;

b) Ministries, agencies at the level of ministries, Vietnam Social Security, Supreme People's Court, State Audit Agency, and Chairmen of provincial People's Committees shall be responsible for submitting reports to the Ministry of Justice no later than December 21 of the reporting period.

Ad hoc reports are carried out according to the requirements of administrative documents of the competent authority, including the components specified in Clause 2, Article 9 of Decree No. 09/2019/NĐ-CP.

2. The time for finalizing periodic report data runs from December 15 of the year preceding the reporting period to December 14 of the reporting period.

3. Deadline for submitting periodic reports:

Accompanying this Circular are the report outline template for the implementation of laws on administrative sanctions and two forms used to compile data accompanying the report, namely: Table of Data Report on Administrative Sanctions and Table of Data Report on Administrative Measures.

1. In cases where revisions or supplements to the content or data in the report are necessary, the agency preparing the report shall be responsible for submitting the revised and supplemented report along with a document explaining the revisions or supplements, and it must be signed and stamped by the authorized person as prescribed.

c) The Ministry of Justice has the responsibility to report to the Government and the Prime Minister on the implementation of laws on administrative violation handling nationwide no later than December 25 of the reporting period.

Article 4. Forms of reports and methods of sending and receiving reports

1. Reports are presented in one of the following forms:

a) Written reports (bearing the signature and name of the Head of the reporting agency and stamped according to regulations). Attached summary tables must be stamped with a cross-stamp;

b) Electronic written reports with digital signatures.

2. Reports are sent to the receiving agency in one of the following ways:

a) Direct delivery;

b) Send through postal service;

c) Sending via fax;

d) Sending via email system in the form of image files (PDF format) or electronically signed documents;

đ) Sending via the Document and Management System;

e) Other methods as prescribed by law.

Article 5. Model outline for the report and statistical forms accompanying the report

2. This Circular abolishes Article 1, Clause 1 of Article 2, Clause 1 of Article 3, Article 4, Clause 1 of Article 5, Article 6, Article 7, and Article 8 of Circular No. 16/2018/TT-BTP dated December 14, 2018 of the Minister of Justice stipulating the reporting system for the management of the implementation of laws on administrative sanctions and monitoring the enforcement of laws.

Article 6. Revision and supplementation of the report

1. Ministries, agencies at the level of ministries, Vietnam Social Security, Supreme People's Court, State Audit Agency, and People's Committees at all levels within the scope of their state management authority shall be responsible for guiding and urging subordinate agencies and units to prepare reports and promptly consolidate them for submission to the Ministry of Justice in accordance with the content and deadlines stipulated in this Circular.

2. In cases where the report has been erased or altered, causing distortion of its content and data, and those of the accompanying statistical forms, such reports and forms will not have reporting value.

Article 7. Effective Date

1. This Circular takes effect from March 3, 2023.

2. During the implementation process, if there are difficulties, obstacles, or new issues arise, agencies, organizations, and individuals are requested to promptly reflect these to the Ministry of Justice (through the Department of Administrative Sanction Management and Legal Enforcement Monitoring) for research, amendment, and supplementation as appropriate./.

(Issued together with Circular No. 01/2023/TT-BTP dated January 16, 2023 of the Minister of Justice)

Form No. 01: Table of Data Report on Administrative Sanctions

ANNEX

MODEL OUTLINE FOR THE REPORT AND STATISTICAL FORMS FOR COMPILED DATA ON THE IMPLEMENTATION OF LAWS ON ADMINISTRATIVE VIOLATION HANDLING
Form No. 02: Table of Data Report on Administrative Measures

 

Model Outline for the Report on the Implementation of Laws on Administrative Violation Handling

 

REPORT

Specify the name and form of directive documents for implementation and implementing detailed regulations: Directive, Decision, Plan, Regulation...

Implement the enforcement of laws on administrative violation handling in year ………, …⁴ the report on the implementation of laws on administrative violation handling is as follows:

I. IMPLEMENTATION OF LAWS ON ADMINISTRATIVE VIOLATION HANDLING

1. Work on directing the implementation of the Law on Administrative Violation Handling and detailed implementing regulations

Specify the name and form of the directive document for implementation: Directive, Decision, Plan, Regulation… Decree No. 26/2024/NĐ-CP dated September 15, 2024 of the Government amending and supplementing certain articles of Decree No. and other detailed implementing documents: Circular, Decision, Plan, Regulation…

2. Work on building and perfecting laws on administrative violation handling

- Specify the name and form of the regulatory legal document to be submitted to the competent authority for issuance or issuance within its competence to implement Decree No. 26/2024/NĐ-CP dated September 15, 2024 of the Government amending and supplementing certain articles of Decree No. and detailed implementation decrees.

- The construction, submission for approval, and implementation of Programs, Plans, Proposals to implement the Law on Handling Administrative Violations. - Specify the forms of dissemination, training, and instruction: seminars, conferences, news articles in mass media, compilation of materials, books, handbooks on handling administrative violations...

3. Work on disseminating laws, providing guidance, training, and professional development on laws on administrative violation handling

- Specify the number of news articles; materials; books; handbooks; seminars and conferences; the number of people/sessions disseminated, trained, instructed on business operations...

- Inspection and joint inspection work on the enforcement of laws on handling administrative violations: Specify whether plans for inspections have been issued; the total number of inspections and joint inspections conducted; the results of inspections and joint inspections.

4. Work on inspecting and auditing the implementation of laws on administrative violation handling

- Supervision and joint supervision work on the enforcement of laws on handling administrative violations: Specify whether plans for supervision have been issued; the total number of supervisions conducted; the results of supervision and joint supervision.

1. Situation of Administrative Violations

II. SITUATION OF ADMINISTRATIVE VIOLATIONS AND APPLICATION OF LAWS ON ADMINISTRATIVE VIOLATION HANDLING

General observations and summaries of the situation of administrative violations; the application of laws on handling administrative violations across all areas of state management by sector/field/territory.

2. Situation of Administrative Offense Penalties

- General observations on the situation of administrative offense penalties.

- Evaluation and reporting of specific information and data on the application of penalty forms and measures to address consequences; preventive measures and assurance of administrative offense penalties; common types of violations in each field of state management.

- Comparison of increases or decreases compared to the same period last year for the following data: Total number of violations; total number of subjects penalized; implementation of penalty decision enforcement; total fine revenue;...

(All data specified in Clause 2, Article 35 of Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government detailing certain provisions and implementing measures of the Law on Handling Administrative Violations) 3. Situation of Application of Administrative Measures.

- General observations on the situation of applying administrative measures.

- Comparison of increases or decreases compared to the same period last year for the following data: Total number of subjects whose files were proposed for the application of administrative measures; number of subjects subject to administrative measures; number of minors subject to alternative family-based management and community-based education; implementation of decisions to apply administrative measures;...

(All data specified in Clause 3, Article 35 of Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government detailing certain provisions and implementing measures of the Law on Handling Administrative Violations). 1.2. Difficulties and Obstacles Arising from Detailed Implementation Regulations of the Law on Handling Administrative Violations

III. MAJOR DIFFICULTIES AND OBSTACLES IN THE IMPLEMENTATION OF LAWS ON ADMINISTRATIVE VIOLATION HANDLING, CAUSES AND RECOMMENDATIONS

(Based on the practical work of administrative violation handling during the reporting period, the agency preparing the report makes observations and evaluations regarding difficulties, obstacles, and shortcomings in the implementation of administrative violation handling.)

1. Difficulties and Obstacles Arising from Legal Provisions

1.1. Difficulties and Obstacles Arising from the Provisions of the Law on Administrative Violation Handling

(Based on difficulties, obstacles, and inconveniences in administrative violation handling work, the agency preparing the report proposes recommendations and proposals on policies and solutions to enhance the effectiveness of administrative violation handling work, contributing to reducing and preventing administrative violations).

2. Difficulties and Obstacles in Organizing the Implementation of the Law on Administrative Violation Handling and Detailed Implementing Regulations

2.1. Regarding Conditions for Ensuring the Enforcement of the Law

a) Budget; Material and Technical Infrastructure

b) Organizational Structure and Personnel

2.2. Propaganda, Popularization, Legal Education, Training, and Professional Development Work

2.3. Coordination Among Relevant Departments and Agencies in Handling Administrative Violations

2.4. Reporting and Statistics

2.5. Inspection and Audit Work

2.6. Other Difficulties and Obstacles

3. Causes of Difficulties and Obstacles

3.1. Subjective Causes

3.2. Objective Causes

4. Recommendations and Suggestions

The above is the report on the enforcement of laws on handling administrative violations in ..., hereby submitted to ...

Name of the receiving agency⁵./.

 

_________________________

¹ Name of the agency preparing the report.

² Abbreviation of the name of the agency preparing the report.

³ Place name according to the Government's format guidelines.

⁴ Name of the agency preparing the report.

⁵ (Attached: Report No.: .../BC-... (1) dated .../.../.... of ... (2))

⁶ Name of the agency receiving the report.

⁷ Authority and position of the person signing the report.

 

Form No. 01 (*)

COMPREHENSIVE TABLE OF REPORTING DATA ON ADMINISTRATIVE PENALTIES

Number of subjects penalized

Explanation of Form No. 01:

* Column (2): Record the name of each agency/unit that has issued administrative violation penalty decisions during the reporting period:

(1) Abbreviation of the name of the agency preparing the report.

(2) Name of the agency preparing the report.

- Report of the Provincial People's Committee: Specifically record the names of district-level People's Committees within the province, the provincial People's Committee, and the specialized agencies under the provincial People's Committee with the authority to issue administrative violation penalty decisions during the reporting period;

- Report of the District People's Committee: Specifically record the names of commune-level People's Committees within the district and the district People's Committee that have issued administrative violation penalty decisions during the reporting period;

- Report of Ministries, ministerial-level agencies, Vietnam Social Security, Supreme People's Court, State Audit Agency: Specifically record the names of subordinate agencies/units with the authority to issue administrative violation penalty decisions during the reporting period;

- For village-level People's Committees' reports: Record the specific name of the village-level People's Committee that issued administrative penalty decisions during the reporting period;

- Report of organizations under central agencies organized vertically (at the provincial level): Specifically record the names of subordinate agencies/units with the authority to issue administrative violation penalty decisions within the province/city directly under the Central Government during the reporting period;

- Report of organizations under central agencies organized vertically (at the district level): Specifically record the names of subordinate agencies/units with the authority to issue administrative violation penalty decisions within the district, urban district, town, city directly under the province, equivalent administrative units, and at the commune level (if applicable) during the reporting period;

- Report of organizations under central agencies organized vertically (at the commune level (if applicable)): Specifically record the name of the agency/unit that has issued administrative violation penalty decisions during the reporting period.

* Column (17): Record the actual total fine revenue from administrative violations collected up to the reporting date.

* Column (17): Record the total amount of actual fines collected for administrative violations up to the reporting date.

* Column (20): Other amounts collected from administrative penalties, for example: The amount of illegal gains obtained due to the implementation of administrative violations or the amount equivalent to the value of confiscated items and means of transportation that have been consumed, dispersed, or destroyed contrary to the provisions of the Law on Handling Administrative Violations as stipulated in Point i Clause 1 Article 28, Article 37; the amount equivalent to the value of confiscated items and means of transportation seized as provided for in Clause 1 Article 126 of the Law on Handling Administrative Violations...

 

Form No. 02 (*)

||| TABLE OF COMBINED DATA REPORTING ON THE APPLICATION OF ADMINISTRATIVE SANCTIONS

(Attached to Report No.: …../BC-…..(1) dated …/…./….. of …(2))

(*) This form is used to compile data reporting on the application of administrative sanctions. The data on the application of administrative sanctions is counted within the reporting period and does not include cumulative data on the application of administrative sanctions from previous years (if any).

(*) This form is used to compile data for reporting on the application of administrative handling measures.

(1) Abbreviation of the name of the agency preparing the report.

(2) Name of the agency preparing the report.

Column (5) applies only to community-based educational administrative handling measures.

Column (6) applies only to administrative handling measures involving placement in a juvenile rehabilitation center.

Columns (9), (10), (11) apply only to administrative handling measures involving placement in a juvenile rehabilitation center, compulsory educational facility, and compulsory drug rehabilitation facility.

- Report of the Provincial People's Committee: Provide complete data (from Column (3) to Column (12)) for all implemented administrative handling measures during the reporting period within the jurisdiction;

- Report of the District People's Committee: Provide complete data for all implemented administrative handling measures during the reporting period within the jurisdiction;

- Report of the Commune People's Committee: Provide complete data for community-based educational administrative handling measures implemented during the reporting period within the jurisdiction;

- Report of the Ministry of Labor, Invalids, and Social Affairs: Provide complete data for compulsory drug rehabilitation facility administrative handling measures implemented during the reporting period nationwide;

- Report of the Ministry of Public Security: Provide complete data for community-based educational administrative handling measures, placement in a juvenile rehabilitation center, and compulsory educational facility placement implemented during the reporting period nationwide;

- Report of the Supreme People's Court: Provide complete data for placement in a juvenile rehabilitation center, compulsory educational facility, compulsory drug rehabilitation facility, and community-based educational alternatives implemented during the reporting period nationwide.