Ordinance No. 08/2025/UBTVQH15 Amending and Supplementing Certain Articles of the Ordinance on Procedures for Seizing Ships, the Ordinance on Procedures for Seizing Aircrafts, the Ordinance on the Procedure for People's Courts to Examine and Decide on Compulsory Drug Rehabilitation for Persons Aged from 12 to Under 18 Years Old, the Ordinance on Administrative Sanctions for Acts Hindering Litigation Activities, the Ordinance on the Procedure for Deciding on the Application of Administrative Measures at People's Courts, and the Ordinance on Litigation Costs.

ORDINANCE

Amending and supplementing certain articles of the Ordinance on Procedures for Arresting Seagoing Vessels, the Ordinance on Procedures for Arresting Aircraft, the Ordinance on the Procedure and Procedures of People's Courts for Considering and Deciding to Place Drug Addicts Aged from 12 to Under 18 Years Old in Compulsory Detoxification Centers, the Ordinance on Administrative Sanctions for Acts Hindering Litigation Activities, the Ordinance on Procedures and Procedures for Considering and Deciding to Apply Administrative Measures at People's Courts, and the Ordinance on Litigation Costs

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

Pursuant to the Law on the Organization of People's Courts No. 34/2024/QH15 which has been amended and supplemented with certain articles by Law No. 81/2025/QH15;

Pursuant to the Law on Handling Administrative Violations No. 15/2012/QH13 which has been amended and supplemented with certain articles by Laws No. 54/2014/QH13, No. 18/2017/QH14, No. 67/2020/QH14, No. 09/2022/QH15, No. 11/2022/QH15, and No. 56/2024/QH15;

The Standing Committee of the National Assembly promulgates the Ordinance amending and supplementing certain articles of the Ordinance on Procedures for Arresting Seagoing Vessels No. 05/2008/UBTVQH12, the Ordinance on Procedures for Arresting Aircraft No. 11/2010/UBTVQH12, the Ordinance on the Procedure and Procedures of People's Courts for Considering and Deciding to Place Drug Addicts Aged from 12 to Under 18 Years Old in Compulsory Detoxification Centers No. 01/2022/UBTVQH15, the Ordinance on Administrative Sanctions for Acts Hindering Litigation Activities No. 02/2022/UBTVQH15, the Ordinance on Procedures and Procedures for Considering and Deciding to Apply Administrative Measures at People's Courts No. 03/2022/UBTVQH15, and the Ordinance on Litigation Costs No. 05/2024/UBTVQH15.

Article 1. Amending and supplementing certain articles of the Ordinance on Procedures for Arresting Seagoing Vessels

Amending and supplementing Clause 3 as follows:

“Clause 3. Authority to decide on arresting seagoing vessels

1. The People's Court of the area where the seaport or inland waterway port (hereinafter referred to as "port") located, where the seagoing vessel being requested to be arrested is operating maritime activities, shall have the authority to decide to arrest that seagoing vessel to ensure the resolution of maritime complaints, enforcement of civil judgments, and implementation of judicial entrustment of foreign courts.

In cases where the port has multiple berths within the jurisdictional areas of different People's Courts based on territorial boundaries of communes, wards, and special administrative zones, the People's Court of the area where the berth located, where the seagoing vessel being requested to be arrested is operating maritime activities, shall have the authority to decide to arrest that seagoing vessel.

2. The People's Court currently handling the civil case, or the People's Court of the area where the Arbitration Council accepts the dispute, shall have the authority to apply urgent temporary measures to arrest the seagoing vessel.

3. The President of the Provincial People's Court shall examine and decide on the People's Court having the authority to decide to arrest the seagoing vessel in cases of disputes over jurisdiction among People's Courts of the same province.

The President of the Supreme People's Court shall examine and decide on the People's Court having the authority to decide to arrest the seagoing vessel in cases of disputes over jurisdiction among People's Courts of different provinces or cities.

Article 2. Amending and supplementing certain articles of the Ordinance on Procedures for Arresting Aircraft

1. Amending and supplementing Clause 3 as follows:

“Article 3. Authority to Decide on Seizing Aircraft

The People's Court in the area where the airport is located, where the aircraft is required to land for seizure, has the authority to decide on seizing the aircraft.”

2. Replace certain phrases in some articles as follows:

a) Replace the phrase "as prescribed in Clause 4, Article 96 of the Civil Enforcement Law" in Clause 2, Article 31 with the phrase "in accordance with the provisions of the Civil Enforcement Law";

b) Replace the phrase "as prescribed in Article 2 of the Civil Enforcement Law" in Point a, Clause 1, Article 32 with the phrase "provisions of the Civil Enforcement Law";

c) Replace the phrase "as prescribed in Article 105 of the Civil Enforcement Law" in Clause 3, Article 41 with the phrase "provisions of the Civil Enforcement Law".

Article 3. Amending and Supplementing Certain Articles of the Ordinance on Procedures and Formalities for the People's Courts to Examine and Decide on Compulsory Drug Rehabilitation Centers for Persons Aged from 12 to Under 18 Years Old

1. Amending and supplementing Clause 3 as follows:

“Article 3. Authority to Examine and Decide on Compulsory Drug Rehabilitation

1. The court with the authority to examine and decide on compulsory drug rehabilitation is the People's Court in the area where the person proposed resides or where the violation occurred if their place of residence cannot be determined.

2. The Provincial People's Court (hereinafter referred to as the Provincial People's Court) has the authority to review decisions appealed, recommended, or protested against by the People's Court in the area.”

2. Amend and supplement Article 16 as follows:

“Article 16. Suspension and Temporary Suspension of Examination and Decision on Compulsory Drug Rehabilitation

1. The judge issues a decision to suspend the examination and decision on compulsory drug rehabilitation when there is one of the following grounds:

a) The proposed person does not fall under any of the cases stipulated in Clause 1, Article 33 of the Anti-Drug Law;

b) The proposed person has died;

c) The proposed person lacks civil capacity;

d) The Head of the Police Station withdraws the proposal;

đ) The proposed person is serving a criminal sentence or awaiting execution of a criminal sentence according to a judgment or decision of the Court that has taken legal effect;

e) The proposed person is serving or awaiting execution of administrative measures for placement in a reformatory school or judicial education measures at a reformatory school according to a judgment or decision of the Court that has taken legal effect;

g) The proposed person suffers from a serious illness, with certification from a medical facility at the basic level or higher.

2. The judge issues a decision to temporarily suspend the examination and decision on compulsory drug rehabilitation when there is one of the following grounds:

a) The proposed person has committed a violation of the law and is being pursued for criminal responsibility or is being considered for administrative measures for placement in a reformatory school;

b) New circumstances regarding the health or mental state of the proposed person arise and require the Head of the Police Station to request an expert assessment;

c) An unforeseen event occurs preventing the convening of a hearing to examine and decide on compulsory drug rehabilitation;

d) The proposed person is seriously ill, with certification from a medical facility at the basic level or higher.

3. When the grounds for temporary suspension specified in Clause 2 of this Article no longer exist, the Court shall convene another hearing in accordance with this Ordinance.”

3. Amend and supplement Article 25 as follows:

“Article 25. Sending the Court's Decision

1. Within two working days from the date of announcing the decision, the Court that issued the decision to send or not to send to compulsory drug rehabilitation facilities must send the decision to the Head of the Police Station at the commune level, the person proposed, parents or guardians or lawful representatives of the proposed person, the same-level People's Procuracy, and relevant agencies.

2. Within two working days from the date of announcing the decision, the Court that issued the decision to suspend or temporarily suspend the examination and decision to send to compulsory drug rehabilitation facilities must send the decision to the Head of the Police Station at the commune level, the person proposed, parents or guardians or lawful representatives of the proposed person, the same-level People's Procuracy, and other related persons.”

4. Amend and supplement Articles 29 and 30 as follows:

“Article 29. Accepting and Processing Applications for Postponement or Exemption from Execution of Decisions to Send to Compulsory Drug Rehabilitation Facilities

1. Within two working days from the date of receiving the application and accompanying documents, the Court must accept and assign a Judge to examine and resolve the matter, while simultaneously notifying in writing the applicant, the Head of the Police Station at the commune level, and the same-level People's Procuracy.

2. Within three working days from the date of assignment, the Judge must examine and issue a decision; if necessary, the Head of the Police Station at the commune level and the same-level People's Procuracy must provide written opinions before the Court issues the decision.

3. After examining the application and accompanying documents, the Judge shall issue one of the following decisions:

a) Accept the application for postponement or exemption from execution of the decision to send to compulsory drug rehabilitation facilities;

b) Not accept the application for postponement or exemption from execution of the decision to send to compulsory drug rehabilitation facilities.

4. The decision on postponement or exemption from execution of the decision to send to compulsory drug rehabilitation facilities must include the following main contents:

a) Number, day, month, year of issuance;

b) Name of the Court issuing the decision;

c) Name of the Judge;

d) Name of the applicant;

đ) Name of the Head of the Police Station at the commune level;

e) Name, date of birth, place of residence, occupation, educational level of the person proposed for postponement or exemption from execution of the decision to send to compulsory drug rehabilitation facilities;

g) Reasons and basis for the decision;

h) Content of the postponement or exemption from execution of the decision to send to compulsory drug rehabilitation facilities;

i) Responsibilities of agencies, organizations, or individuals executing the decision;

k) Effectiveness of the decision;

l) Place to receive the decision.

5. The decision on postponement or exemption from execution of the decision to send to compulsory drug rehabilitation facilities takes effect upon expiration of the time limit for complaints, suggestions, and appeals stipulated in Article 37 of this Ordinance and must be sent to the Head of the Police Station at the commune level, the person required to execute the decision, parents or guardians or lawful representatives of the person required to execute the decision, and the same-level People's Procuracy within two working days from the date of issuance of the decision.

Article 30. Revocation of Decisions to Postpone Execution of Decisions to Send to Compulsory Drug Rehabilitation Facilities

1. When the conditions for postponing execution of the decision to send to compulsory drug rehabilitation facilities no longer exist or the person currently being postponed continues to use drugs or there is evidence suggesting that the person has fled, the Head of the Police Station at the commune level where the person currently being postponed resides must notify the Court that issued the decision in writing.

2. Within three working days from the date of receipt of the written notification from the Head of the Police Station at the commune level, the Court will consider revoking the postponement decision and compel the person currently being postponed to execute the decision to send to compulsory drug rehabilitation facilities.

3. The decision compelling execution of the decision to send to compulsory drug rehabilitation facilities takes immediate effect and must be sent to the Head of the Police Station at the commune level, the person required to execute the decision, parents or guardians or lawful representatives of the person required to execute the decision, and the same-level People's Procuracy within two working days from the date of issuance of the decision.

4. The decision compelling execution of the decision to send to compulsory drug rehabilitation facilities must include the following main contents:

a) Number, day, month, year of issuance;

b) Name of the Court issuing the decision;

c) Name, date of birth, place of residence, occupation, educational level of the person to be sent to compulsory drug rehabilitation facilities;

d) Reasons and basis for the decision;

đ) Content of the revocation of the postponement decision and compelling the person currently being postponed to execute the decision to send to compulsory drug rehabilitation facilities;

e) Responsibilities of agencies, organizations, or individuals executing the decision;

g) Right to appeal against the decision;

h) Effectiveness of the decision;

i) Place to receive the decision.”

5. Amend and supplement Articles 32, 33, and 34 as follows:

“Article 32. Competence to Propose Temporary Suspension or Exemption from Execution of Remaining Time in the Decision on Compulsory Drug Rehabilitation

1. The person executing the decision, if falling under the cases prescribed in Article 31 of this Ordinance, may have the Court temporarily suspend or exempt from execution of the remaining time in the decision on compulsory drug rehabilitation based on the proposal of the Director of the Compulsory Drug Rehabilitation Center.

2. The Director of the Compulsory Drug Rehabilitation Center shall submit the file proposing temporary suspension or exemption from execution of the remaining time in the decision on compulsory drug rehabilitation to the People's Court in the area where the Compulsory Drug Rehabilitation Center is located. The file proposing includes:

a) A copy of the decision on compulsory drug rehabilitation;

b) Documents proving that the case falls under one of the cases prescribed in Article 31 of this Ordinance;

c) The written proposal of the Director of the Compulsory Drug Rehabilitation Center.

Article 33. Acceptance and Processing of Files Proposing Temporary Suspension or Exemption from Execution of Remaining Time in the Decision on Compulsory Drug Rehabilitation

1. Within two working days from the date of receipt of the file proposing temporary suspension or exemption from execution of the remaining time in the decision on compulsory drug rehabilitation, the Court must accept the file for processing and assign a Judge to examine and resolve it, while simultaneously notifying in writing the Director of the Compulsory Drug Rehabilitation Center and the same-level Prosecution Office.

2. Within three working days from the date of assignment, the Judge must examine and issue a decision; in necessary cases, the Director of the Compulsory Drug Rehabilitation Center and the same-level Prosecution Office must provide written opinions before the Court issues the decision.

3. After examining the file proposing, the Judge shall issue one of the following decisions:

a) Accepting the proposal for temporary suspension or exemption from execution of the remaining time in the decision on compulsory drug rehabilitation;

b) Not accepting the proposal for temporary suspension or exemption from execution of the remaining time in the decision on compulsory drug rehabilitation.

4. The decision on temporary suspension or exemption from execution of the remaining time in the decision on compulsory drug rehabilitation must include the following main contents:

a) Number, day, month, year of issuance;

b) Name of the Court issuing the decision;

c) Name of the Judge;

d) Name, date of birth, place of residence, occupation, educational level of the person executing the decision on compulsory drug rehabilitation;

đ) Name of the Director of the Compulsory Drug Rehabilitation Center making the proposal;

e) Reasons and basis for issuing the decision;

g) Content of the temporary suspension or exemption from execution of the remaining time in the decision on compulsory drug rehabilitation;

h) Responsibilities of agencies, organizations, or individuals implementing the decision;

i) Right to appeal against the decision;

k) Effectiveness of the decision;

l) Place to receive the decision.

5. The decision on temporary suspension or exemption from execution of the remaining time in the decision on compulsory drug rehabilitation shall take effect from the date when the period for lodging complaints, objections, or protests provided for in Article 37 of this Ordinance expires, and must be sent to the person executing the decision, his parents or legal guardians or legal representatives, the People's Court issuing the decision, the Director of the Compulsory Drug Rehabilitation Center, the Head of the Police Station at the commune level, and the same-level Prosecution Office within two working days from the date of issuance of the decision.

Article 34. Revocation of Decision to Temporarily Suspend Enforcement of Decision to Enroll in Compulsory Drug Rehabilitation Facility

1. When the conditions for temporarily suspending enforcement of the decision to enroll in a compulsory drug rehabilitation facility no longer exist, or if the person who has been temporarily suspended continues to use drugs, or there is evidence that such person has fled, the Head of the Police Station at the place where the person being temporarily suspended resides must send a notification letter to the Court that issued the decision.

2. Within three working days from the date of receipt of the notification letter from the Head of the Police Station, the Court shall consider revoking the decision to temporarily suspend and compel the person being temporarily suspended to enforce the decision to enroll in a compulsory drug rehabilitation facility.

3. The decision compelling enforcement of the decision to enroll in a compulsory drug rehabilitation facility becomes effective immediately and must be sent to the person required to enforce the decision, their parents or legal guardian or lawful representative, the Head of the Compulsory Drug Rehabilitation Facility, the Head of the Police Station, and the same-level People's Procuracy within two working days from the date of issuance of the decision.

4. The decision compelling execution of the decision to send to compulsory drug rehabilitation facilities must include the following main contents:

a) Number, day, month, year of issuance;

b) Name of the Court issuing the decision;

c) Name, date of birth, place of residence, occupation, educational level of the person to be sent to compulsory drug rehabilitation facilities;

d) Reasons and basis for the decision;

d) Content of the revocation of the decision to temporarily suspend and compelling the person being temporarily suspended to enforce the decision to enroll in a compulsory drug rehabilitation facility;

e) Responsibilities of agencies, organizations, or individuals executing the decision;

g) Right to appeal against the decision;

h) Effectiveness of the decision;

i) Place to receive the decision.”

6. Amend and supplement Clause 2 of Article 36 as follows:

“2. The Head of the Police Station may propose recommendations, the Head of the Compulsory Drug Rehabilitation Facility may propose recommendations, and the same-level People's Procuracy has the right to protest the Court’s decision on enrollment in a compulsory drug rehabilitation facility when there is evidence that such decision violates the law.”

7. Amend and supplement Clause 2 of Article 37 as follows:

“2. The time limit for proposing recommendations by the Head of the Police Station, the Head of the Compulsory Drug Rehabilitation Facility, and protesting by the same-level People's Procuracy is five working days from the date the Court announces the decision; in cases where the Court does not convene a session and issue a decision as provided for in this Ordinance, the time limit for proposing recommendations and protesting is five working days from the date of receipt of the Court’s decision.”

8. Amend and supplement Clause 2 of Article 38 as follows:

“2. The Head of the Police Station or the Head of the Compulsory Drug Rehabilitation Facility must submit recommendations in writing, clearly stating the reasons and grounds for the recommendation, and send it to the Court that examined and decided on the enrollment in a compulsory drug rehabilitation facility.”

9. Amend and supplement some clauses of Article 39 as follows:

a) Amending and supplementing Clause 1 as follows:

“1. Within two working days from the date of receipt of the complaint letter or recommendation/protest letter, the People's Court in the area that examined and decided on the enrollment in a compulsory drug rehabilitation facility must send the complaint letter or recommendation/protest letter along with the file to the competent Provincial People's Court for examination and resolution; simultaneously, notify in writing the complainant, relevant agencies, and the same-level People's Procuracy about the complaint, recommendation, and protest.”

b) Amend and supplement Clause 4 as follows:

“4. The hearing to examine and resolve complaints, recommendations, and protests shall involve the following persons:

a) The complainant or their lawful representative;

b) The Head of the Police Station or their authorized representative, or the Head of the Compulsory Drug Rehabilitation Facility or their authorized representative;

c) A prosecutor from the same-level People's Procuracy;

d) In necessary cases, the Court may request the participation of experts, interpreters, translators, medical, psychological, educational, sociological specialists, representatives of the school where the person subject to the recommendation studies, representatives of the People's Committee at the commune level, representatives of the Vietnam Fatherland Front Committee at the commune level, and other organizations affiliated with the Front where the person subject to the recommendation resides, or other participants.”

10. Amend and supplement Clause 3 of Article 40 as follows:

“3. The procedure for the hearing shall be conducted as follows:

a) The Judge declares the opening of the hearing;

b) The Judge must explain the rights and obligations of the participants in the hearing. If there is a request to change the Judge or the Clerk of the Hearing, the Judge must consider; if there is a basis as stipulated in Article 11 of this Ordinance, the hearing shall be temporarily suspended and reported to the Chief Justice of the Court for consideration and decision. If the Judge or the Clerk of the Hearing cannot be replaced, the hearing shall be postponed. The postponement of the hearing shall be carried out according to the provisions of Clause 4 of Article 20 of this Ordinance;

c) The complainant or their lawful representative presents the content of the complaint; the Head of the Police Station or their authorized representative, or the Head of the Compulsory Drug Rehabilitation Facility or their authorized representative presents the content of the recommendation; the Prosecutor presents the content of the protest;

d) The person subject to the recommendation or their lawful representative presents opinions and debates related issues with the Head of the Police Station or their authorized representative, or the Head of the Compulsory Drug Rehabilitation Facility or their authorized representative, and the representative of the People's Procuracy in case of protest by the People's Procuracy;

đ) Experts, medical, psychological, educational, sociological specialists, representatives of the school where the person subject to the recommendation studies, representatives of the People's Committee at the commune level, representatives of the Vietnam Fatherland Front Committee at the commune level, and other organizations affiliated with the Front where the person subject to the recommendation resides, or other participants present opinions to clarify issues related to the content of the complaint, recommendation, and protest;

e) The Prosecutor expresses opinions on the legality of actions and decisions of the Court, agencies, organizations, and individuals in examining complaints, recommendations, and protests according to the provisions of this Ordinance.”

11. Amend and supplement Article 42 as follows:

“Article 42. Content and Effectiveness of the Decision Resolving Complaints, Suggestions, and Objections

1. The decision resolving complaints, suggestions, and objections must include the following main contents:

a) Number, day, month, year of issuance;

b) Name of the Court issuing the decision;

c) Full name of the Judge and Clerk of the session;

d) Full name of the Prosecutor participating in the session;

đ) Full name of the complainant;

e) Full name of the Head of the Commune Police making the suggestion, full name of the authorized person (if any), or full name of the Head of the Compulsory Drug Rehabilitation Facility making the suggestion, full name of the authorized person (if any); Prosecution objecting;

g) Content of the complaint, suggestion, and objection;

h) Reasons, grounds, and content of the resolution of the complaint, suggestion, and objection;

i) Effectiveness of the decision;

k) Place to receive the decision.

2. The decision resolving complaints, suggestions, and objections takes effect immediately.

Within two working days from the date of announcing the decision, the Court must send it to the agencies and individuals specified in Article 25 of this Ordinance and the Court that issued the decision being complained about, the Head of the Compulsory Drug Rehabilitation Facility.

3. The decision resolving complaints, suggestions, and objections and the documents, texts during the examination and resolution of complaints, suggestions, and objections must be indexed and stored according to the provisions of the law.”

12. Amend and supplement some clauses of Article 47 as follows:

a) Amending and supplementing Clause 1 as follows:

“1. Complaints against the actions of Judges and Clerks of the Court shall be resolved by the President of the People's Court of the region within three working days from the date of receipt of the complaint; if dissatisfied with the resolution result, the complainant has the right to appeal to the competent Provincial People's Court. Within five working days from the date of receipt of the complaint, the President of the Provincial People's Court must examine and resolve. The decision of the President of the Provincial People's Court is a decision with legal force.

Complaints against the actions of the President of the People's Court of the region shall be resolved by the President of the competent Provincial People's Court within five working days from the date of receipt of the complaint. The decision of the President of the Provincial People's Court is a decision with legal force.”

b) Amend and supplement clause 3 as follows:

“3. Complaints against the actions of the President of the Provincial People's Court shall be examined and resolved by the President of the Supreme People's Court within three working days from the date of receipt of the complaint. The decision of the President of the Supreme People's Court is a decision with legal force.”

13. Replace certain phrases in some articles as follows:

a) Replace the phrase "Head of the Labor - Invalids and Social Affairs Office" with the phrase "Head of the Commune Police" at Article 8, Clause 1 of Article 9, Clause 1 and Point d Clause 2 of Article 12, Clauses 1, 3 and 4 of Article 15, Point c Clause 2 of Article 17, Clause 2 of Article 18, Clause 1 of Article 20, Points c, d and g Clause 4 of Article 21, Article 22 and Clause 5 of Article 23;

b) Replace the phrase "district level" with the phrase "basic level" at Point a Clause 1 and Point a Clause 2 of Article 27, Clause 1 and Point a Clause 2 of Article 31;

c) Replace the phrase "Provincial People's Court" with the phrase "Regional People's Court" at Clauses 1, 2, 3, 4, 5, 6, 7, 8 and 10 of Article 41.

Article 4. Amending and supplementing certain articles of the Ordinance on Administrative Sanctions for Acts Hindering Judicial Proceedings

1. Amend and supplement Clause 3 of Article 6 as follows:

“3. The authority to impose fines of those persons specified in Article 25 and Article 25a shall be the authority to apply such sanctions to individual acts hindering judicial proceedings; the authority to impose sanctions on organizations shall be twice the authority to impose sanctions on individuals.”

2. Amend and supplement Clause 2 and Clause 3 of Article 25 as follows:

“2. The President of the People's Court of the region, the Chief Judge of the specialized court of the provincial People's Court, and the President of the Military Court of the region have the right:

a) To issue warnings;

b) Impose fines up to 7,500,000 VND;

c) To confiscate objects and means of administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause.

3. The President of the Provincial People's Court, the Chief Judge of the Supreme People's Court Appeals Division have the right:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) To confiscate objects and means of administrative violations;

d) To apply measures to remedy consequences as prescribed in points a, b, c, e, g, and h of Clause 1 of Article 7 of this Ordinance.”

3. Supplement Article 25a after Article 25 as follows:

“Article 25a. Authority to Impose Administrative Sanctions of the Public Prosecutor

1. Prosecutors, Investigators have the right:

a) To issue warnings;

b) To impose fines up to VND 1,000,000;

c) To confiscate objects and means of administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause.

2. The Director of the People's Public Prosecutor Office of the region, the Director of the Military Public Prosecutor Office of the region have the right:

a) To issue warnings;

b) Impose fines up to 7,500,000 VND;

c) To confiscate objects and means of administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause.

3. The Director of the Provincial People's Public Prosecutor Office, the Director of the Appeals and Cassation Public Prosecutor Office, the Director of the Military Public Prosecutor Office of the Central Military Region and equivalent positions have the right:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) To confiscate objects and means of administrative violations;

d) To apply measures to remedy consequences as prescribed in points a, b, c, e, g, and h of Clause 1 of Article 7 of this Ordinance.

4. The Head of the Investigation Department of the Supreme People's Public Prosecutor Office, the Head of the Investigation Department of the Central Military Public Prosecutor Office have the right:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) To confiscate objects and means of administrative violations;

d) To apply measures to remedy consequences as prescribed in Clause 1 of Article 7 of this Ordinance.”

4. Supplement Article 25b after Article 25a as follows:

“Article 25b. Authority to Impose Administrative Sanctions and Compulsory Enforcement of Other Positions

1. The authority to impose administrative sanctions and apply measures to remedy consequences of the Chairpersons of the People's Committees at all levels as prescribed in point a of Clause 1 and other positions with authority within the People's Security Forces, Border Guard, Coast Guard, Customs, Forestry and Forest Rangers, Fisheries and Fishery Inspectors as prescribed in point h of Clause 1 of Article 37a of the Law on Handling Administrative Violations for acts hindering judicial proceedings shall be implemented according to the regulations of the Government.

2. The positions prescribed in Clause 1 of this Article have the authority to impose administrative sanctions and apply measures to remedy consequences within their management scope, functions, tasks, and powers assigned and according to the authority prescribed by the Government for violations stipulated in this Ordinance.

3. The person authorized to impose administrative sanctions who is the head of the unit or organization prescribed in Clause 1 of this Article has the authority to issue decisions to enforce administrative sanction decisions.”

5. Amend and supplement some clauses of Article 33 as follows:

a) Amending and supplementing Clause 2 as follows:

“2. The President of the People's Court of the region, the Chief Judge of the specialized court of the provincial People's Court shall impose sanctions on acts hindering judicial proceedings as prescribed in Articles 11, 12, Clauses 1 and 2 of Article 13, Article 14, Clause 1 of Article 15, Article 16, Clause 1 and Clause 2 of Article 18, Article 19, Clause 1 of Article 21, Clause 1 of Article 22, Clauses 1, 2, and 3 of Article 23, and Article 24 of this Ordinance.”

b) Amend and supplement Clause 4 as follows:

“4. The President of the Provincial People's Court, the Chief Judge of the Supreme People's Court Appeals Division shall impose sanctions on acts hindering judicial proceedings as prescribed in Articles from Article 11 to Article 24 of this Ordinance.”

6. Supplement Article 33a after Article 33 as follows:

“Article 33a. Determination of the Authority to Impose Penalties by the People's Procuracy

1. Prosecutors and Investigators shall impose penalties on acts obstructing litigation proceedings as stipulated in Article 11, Clause 1 of Article 13, Clauses 2 and 3 of Article 18 of this Ordinance.

2. The Heads of People's Procuracy at the regional level, the Heads of Military Procuracy at the regional level shall impose penalties on acts obstructing litigation proceedings as stipulated in Clauses 1 and 2 of Article 9, Clause 1 of Article 10, Article 11, Clause 1 of Article 12, Clauses 1, 2 and 3 of Article 13, Article 14, Clauses 1 and 2 of Article 15, Clauses 1, 2 and 3 of Article 18 of this Ordinance.

3. The Heads of Provincial People's Procuracy, the Head of the Public Prosecutor and Appeals Prosecution Office, the Heads of Military Zone People's Procuracy and equivalent offices, the Heads of Investigation Agencies under the Supreme People's Procuracy, the Heads of Investigation Agencies under the Central Military Procuracy shall impose penalties on acts obstructing litigation proceedings as stipulated from Article 9 to Article 15 of this Ordinance.”

7. Amend and supplement Article 41 as follows:

“Article 41. Allocation of Penalty Imposing Authority

1. Persons with authority to impose penalties in the People's Court shall have the authority to impose penalties as provided for in Articles 25 and 33 of this Ordinance on acts obstructing litigation proceedings from the time the People's Court receives and accepts the case.

2. Persons with authority to impose penalties in the Military Court shall have the authority to impose penalties as provided for in Articles 25 and 33 of this Ordinance on:

a) Acts obstructing litigation proceedings from the time the Military Court receives and accepts the case;

b) Acts obstructing litigation proceedings during the stage of handling information about criminal offenses, initiating prosecution, and investigation by agencies and persons authorized in the Investigation Agency within the People's Army and other agencies within the People's Army assigned to conduct certain investigative activities, except for Border Guard and Coast Guard.

3. Persons with authority to impose penalties in the People's Procuracy shall have the authority to impose penalties as provided for in Articles 25a and 33a of this Ordinance on:

a) Acts obstructing litigation proceedings during the stage of handling information about criminal offenses, initiating prosecution, and investigation by agencies and persons authorized in the People's Procuracy and Investigation Agency of the People's Procuracy;

b) Acts obstructing litigation proceedings during the prosecution stage by agencies and persons authorized in the People's Procuracy.

8. Amend and supplement Clause 3 of Article 43 as follows:

"3. Persons authorized to prepare records of acts obstructing litigation proceedings of agencies and persons authorized to investigate in the Public Security Force, the People's Army, Border Guard, Coast Guard, Customs, Forestry and Forest Rangers, Fisheries and Fishery Inspectors include:

a) Persons authorized to impose penalties as stipulated in Clause 1 of Article 25b of this Ordinance;

b) Investigators assigned to handle cases and matters;

c) Investigation officers performing their duties;

d) Public Security Officers performing their duties;

đ) Other authorized persons in the Public Security Force, the People's Army, Border Guard, Coast Guard, Customs, Forestry and Forest Rangers, Fisheries and Fishery Inspectors performing their duties."

9. Amend and supplement Clause 2 of Article 45 as follows:

"2. Persons authorized to issue enforcement decisions include:

a) Chief Judges of Regional People's Courts, Chief Judges of Provincial People's Courts, Chief Judges of Regional Military Courts, Chief Judges of Military Zone People's Courts and equivalent courts, Chief Justices of the Appeals Court of the Supreme People's Court;

b) Heads of Regional People's Procuracy, Heads of Provincial People's Procuracy, Heads of Military Zone People's Procuracy and equivalent offices, Heads of Public Prosecutor and Appeals Prosecution Office, Heads of Investigation Agencies under the Supreme People's Procuracy, Heads of Investigation Agencies under the Central Military Procuracy."

10. Repeal Articles 26, 27, 28, 29, 30, 31, 32, 34, 35, 36, 37, 38, 39 and 40.

Article 5. Amending and supplementing some articles of the Ordinance on Procedures and Formalities for Considering and Deciding to Apply Administrative Sanctions at People's Courts

1. Amending and supplementing Clause 3 as follows:

“Article 3. Competence to consider and decide to apply administrative sanctions

1. The competence of People's Courts to consider and decide to apply administrative sanctions shall be prescribed as follows:

a) The People's Court in the area where the office of the person requesting the application of administrative sanctions (hereinafter referred to as the requester) is located, except in cases provided for in point b of this clause;

b) The People's Court in the area where the person being requested has committed a violation, if the requester is the Head of the Police Station of a commune as stipulated in Clause 2, Article 99, Clause 1, Article 100, Clause 3, Article 101, and Clause 1, Article 102 of the Law on Handling Administrative Violations.

2. The Provincial People's Court (hereinafter referred to as the Provincial People's Court) has the authority to review decisions appealed, recommended, or protested against by the People's Court in the area.”

2. Amend and supplement Clause 6 of Article 28 as follows:

“6. The decision on reducing the duration, temporarily suspending, or exempting from execution the remaining time of the application of administrative sanctions shall take legal effect from the day following the expiration of the appeal, complaint, or protest period prescribed in Article 32 of this Ordinance, provided that there is no appeal, complaint, or protest, and must be sent to the person prescribed in Clause 3, Article 112 of the Law on Handling Administrative Violations, the Head of the Police Station of a commune, and the same-level Procuratorate within two working days from the date of issuance.”

3. Amend and supplement some clauses of Article 29 as follows:

a) Amend and supplement Clause 1 and Clause 2 as follows:

“1. When the conditions for postponing the execution of the decision to apply administrative sanctions no longer exist, or the person who is being postponed or temporarily suspended falls under one of the circumstances prescribed in Clause 2, Article 113 of the Law on Handling Administrative Violations, then the Head of the Police Station of a commune where the person being postponed or temporarily suspended resides must send a written notice to the court that issued the decision.

2. Within one working day from the date of receipt of the written notice from the Head of the Police Station of a commune, the President of the court that issued the decision to postpone or temporarily suspend must assign a Judge to examine and resolve the matter. Within two working days from the date of assignment, the Judge must examine and decide to revoke the decision to postpone or temporarily suspend and compel the person being postponed or temporarily suspended to execute the decision to apply administrative sanctions.”

b) Amend and supplement Clause 4 as follows:

“4. The decision compelling the execution of the decision to apply administrative sanctions shall take legal effect and must be executed immediately, and must be sent to the Head of the Police Station of a commune, the same-level Procuratorate, the person required to execute the decision to apply administrative sanctions, and relevant agencies within two working days from the date of issuance.”

4. Amend and supplement Clause 1 of Article 34 as follows:

“1. Within two working days from the date of receipt of the appeal letter, the complaint, or the protest, the People's Court in the area that issued the decision being appealed, complained about, or protested against must send the appeal letter, the complaint, or the protest along with the file to the provincial-level People's Court with jurisdiction to examine and resolve; simultaneously, notify in writing about the appeal, complaint, or protest to the relevant individuals, agencies, and the same-level Procuratorate.”

5. Amend and supplement some clauses of Article 42 as follows:

a) Amending and supplementing Clause 1 as follows:

“1. Appeals against the actions of Judges or Secretaries of the People's Court in the area shall be resolved by the President of the People's Court in the area within three working days from the date of receipt of the appeal; if dissatisfied with the resolution of the appeal, the appellant may appeal to the provincial-level People's Court with jurisdiction within three working days from the date of receipt of the decision resolving the appeal of the President of the People's Court in the area. Within five working days from the date of receipt of the appeal, the President of the provincial-level People's Court must examine and resolve. The decision of the President of the provincial-level People's Court is the final decision.

Appeals against the actions of the President of the People's Court in the area shall be resolved by the President of the provincial-level People's Court with jurisdiction within five working days from the date of receipt of the appeal. The decision of the President of the provincial-level People's Court is the final decision.”

b) Amend and supplement clause 3 as follows:

“3. Appeals against the actions of the President of the provincial-level People's Court shall be examined and resolved by the President of the Supreme People's Court within five working days from the date of receipt of the appeal. The decision of the President of the Supreme People's Court is the final decision.”

6. Replace certain phrases in some articles as follows:

a) Replace the phrase "district level" with the phrase "basic level" in point h of Clause 1 of Article 16;

b) Replace the phrase "province, centrally governed city" with the phrase "province, city" in Clause 9 of Article 23;

c) Replace the phrase "Commune People's Committee" with the phrase "Head of the Police Station of a commune" in Clause 6 of Article 27;

d) Replace the phrase "Director of Compulsory Drug Rehabilitation Center" with the phrase "Head of Compulsory Drug Rehabilitation Center" in Clause 1 and Clause 2 of Article 28;

đ) Replace the phrase "People's Court at district level" with the phrase "People's Court in the area" in Article 36 and Article 44.

Article 6. Amending and supplementing some articles of the Ordinance on Litigation Costs

Amend and supplement Clause 1 of Article 8 as follows:

“1. A person encountering force majeure leading to insufficient assets to pay the advance payment for on-site examination and assessment costs, and advance payment for appraisal costs; such on-site examination and assessment costs, and appraisal costs must be confirmed by the People's Committee of the commune where the person resides shall be entitled to have the advance payment for on-site examination and assessment costs, and advance payment for appraisal costs reduced.”

Article 7. Implementation Provisions

1. This Ordinance takes effect from July 1, 2025.

2. As of July 1, 2025:

a) For cases of seizing ships or aircraft under the jurisdiction of the People's Court of the region that the Provincial People's Court is handling before this Ordinance takes effect but has not yet been resolved, the following measures shall be taken:

If the Provincial People's Court has received the complaint but has not yet accepted it, it shall transfer the case to the competent People's Court of the region for resolution;

If the Provincial People's Court has accepted the case before this Ordinance takes effect but has not yet resolved it, the Provincial People's Court shall continue to resolve it;

b) The competent People's Court of the region according to territorial jurisdiction shall take over the task of examining and deciding on the application of administrative measures at the People's Court, sending drug addicts aged 12 years or older but under 18 years old to compulsory rehabilitation facilities, and imposing administrative penalties for obstructing litigation activities that the County People's Court is currently resolving; decisions on the application of administrative measures at the People's Court and decisions on sending drug addicts aged 12 years or older but under 18 years old to compulsory rehabilitation facilities made by the County People's Court shall be annulled for re-examination and resolution;

c) The Chief Justice of the Supreme People's Court shall take over the task of resolving complaints within its jurisdiction;

d) The Chief Justice of the People's Court of the region with territorial jurisdiction shall take over the task of resolving complaints within the jurisdiction of the Chief Justice of the County People's Court;

e) Acts of obstructing litigation activities under the jurisdiction of the People's Procuratorate for prosecution as provided for in this Ordinance, which are being handled by the competent authority in the Military Court or the Public Security People's Court but have not been resolved by July 1, 2025, shall continue to be resolved.

3. The Government, the Chief Justice of the Supreme People's Court, and the Chief Prosecutor of the Supreme People's Procuracy shall be responsible for organizing the implementation of this Ordinance.

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This Ordinance was adopted by the Standing Committee of the National Assembly of the Socialist Republic of Vietnam, the fifteenth term, on June 27, 2025.