This Decision focuses on amending regulations related to the operation of drug rehabilitation facilities and management of operating licenses. It includes adjusting the authority for issuing, reissuing, and revoking licenses; registration and announcement procedures for organizations meeting the conditions to provide family or community-based rehabilitation services; as well as issues related to security and public order and disease prevention within rehabilitation facilities. Additionally, it provides guidance on leadership positions and staffing levels at state-owned rehabilitation facilities.
적용 범위
Voluntary drug rehabilitation facilities, organizations and individuals providing voluntary drug rehabilitation services in families or communities, and managing agencies such as provincial Public Security Departments and Health Departments.
핵심 사항
- Amending the provisions regarding the authority to issue operating licenses for voluntary drug rehabilitation facilities.
- Providing specific guidelines on the registration and announcement procedures for organizations meeting the conditions to provide family or community-based rehabilitation services.
- Improving the violation handling process, including suspension of operations and revocation of licenses.
- Strengthening management of security and public order and disease prevention in rehabilitation facilities.
- Clarifying leadership positions and staffing levels at state-owned rehabilitation facilities.
🌐 이 문서의 사회적 영향
- Enhancing the effectiveness of drug rehabilitation facility operations.
- Reducing risks of security and public order and disease outbreaks in the rehabilitation environment.
- Creating favorable conditions for organizations and individuals to participate in the provision of rehabilitation services.
❓ 자주 묻는 질문
Who has the authority to issue operating licenses for voluntary drug rehabilitation facilities?
The Director of the Provincial Public Security Department has the authority to issue, reissue, and revoke operating licenses for voluntary drug rehabilitation facilities.
What must organizations and individuals do to be announced as meeting the conditions to provide family or community-based rehabilitation services?
They need to submit registration files to the Provincial Public Security Department and complete the assessment procedures according to the guidelines.
How will a rehabilitation facility be handled if it violates regulations?
The facility may be suspended from operations for 3-6 months or have its license revoked depending on the severity of the violation.
전문
DECREE
Regulations on the delineation of authority when organizing local administration
at two levels and amending and supplementing certain articles of government decrees
in the field of security and public order
Pursuant to the Government Organization Law on February 18, 2025;
Pursuant to the Law on Local Administration Organization dated June 16, 2025;
Pursuant to the Law Amending and Supplementing Certain Provisions of the Criminal Code dated June 26, 2025;
Pursuant to Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly regarding the handling of certain issues related to the restructuring of state administrative bodies;;
Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;At the proposal of the Minister of Public Security;The Government;
Standing Committee of the National Assemblyhereby promulgates this Decree;7. Direct, guide localities and drug rehabilitation facilities in international cooperation activities on drug rehabilitation, receive and utilize foreign organizations and individuals' financial support to build physical infrastructure, organize drug rehabilitation, manage, educate drug users and those who have completed drug rehabilitation, and support those who have completed drug rehabilitation to integrate into society.”This Decree stipulates the delineation of authority for local administration at two levels under the model of organization of the Ministry of Public Security's local administration and amends and supplements certain provisions of government decrees in the field of security and public order.Article 2. Delineation of authority under the Law on Prevention and Control of Narcotics and the Law on Enforcement of Criminal Sentences when organizing local administration at two levels1. Delineation of authority under the Law on Prevention and Control of Narcoticsa) The authority of the Chairman of the People's Committee at the district level specified in points a and d, Clause 6, Article 30 of the Law on Prevention and Control of Narcotics shall be transferred to the Chairman of the People's Committee at the provincial level;b) The authority of the Chairman of the People's Committee at the district level specified in points b, c, and đ, Clause 6, Clause 8, Article 30 of the Law on Prevention and Control of Narcotics shall be transferred to the Director of Provincial Public Security.2. The authority of the Chairman of the People's Committee at the commune level specified in point b, Clause 1, Article 192 of the Law on Enforcement of Criminal Sentences shall be transferred to the Director of Provincial Public Security.Article 3. Amending and supplementing certain provisions of Government Decree No. 05/2003/NĐ-CP dated January 21, 2003 on international cooperation in the field of prevention and control of narcotics1. Supplement Clause 6 and Clause 7 after Clause 5, Article 8 as follows:“6. Building and implementing policies and plans for international cooperation in drug rehabilitation and addressing social issues after rehabilitation, preventing relapse.providing detailed regulations for certain provisions of the Law on the Vietnam Coast Guard7. Directing and guiding localities and drug rehabilitation facilities in international cooperative activities in drug rehabilitation, receiving and utilizing foreign sources of funding to build infrastructure, organize drug rehabilitation, manage and educate drug users and former drug users, and support former drug users to integrate into society.”.
Article 1. Scope of Regulation
2. Amend and supplement the name of Article 11 as follows: "Article 11. The Ministry of Industry and Trade shall have the responsibility:"
Article 13.
The Ministry of Agriculture and Environment shall have the responsibility to coordinate with the Ministry of Ethnic Affairs and Religion and other relevant agencies and organizations to direct international cooperation in propaganda, education, organizing the eradication of narcotic plant crops, implementing economic and social development programs to assist in effectively redirecting production and stabilizing the livelihoods of the people."
4. Amend and supplement Clause 2, Article 19 as follows:
“2. Specialized agencies for prevention and control of narcotics at the provincial border level shall have the responsibility to implement briefing sessions with corresponding agencies of neighboring countries according to agreements and memoranda of understanding signed between the two countries to exchange information, coordinate inspections, controls, detection, and handling of illegal acts of buying, selling, and transporting narcotics, precursor chemicals, addictive drugs, and psychotropic substances across borders in accordance with the law.”
5. Abolish certain provisions as follows:
a) Abolish the phrase “General Department of Customs and” in Article 15;
b) Abolish the phrase “Ministry of Planning and Investment” in Article 18;
c) Abolish Article 9.
2. Amend and supplement Article 11 as follows: "Article 11. The Ministry of Industry and Trade shall be responsible:"
Article 13.
1. To take the lead and coordinate with the Ministry of National Defense, provincial People's Committees, and relevant agencies and units:
“The Ministry of Agriculture and Environment shall be responsible for coordinating with the Ministry of Ethnic Affairs and Religion and other relevant agencies and organizations to direct international cooperation in propaganda, education, organizing the eradication of opium poppy plants, implementing economic and social development programs to effectively assist in production redirection and stabilize the livelihoods of the people.”4. Amend and supplement Clause 2 of Article 19 as follows:
“2. Provincial border anti-drug agencies shall be responsible for implementing briefing sessions with corresponding agencies of neighboring countries according to agreements and mutual understandings signed between the two countries to exchange information, coordinate inspections, controls, detect and handle illegal cross-border trafficking of drugs, precursor chemicals, narcotic drugs, and psychotropic substances in accordance with the law.”
5. Repeal certain provisions as follows:
a) Repeal the phrase “General Department of Customs and” in Article 15;
b) Repeal the phrase “Ministry of Planning and Investment” in Article 18;
c) Repeal Article 9.
Based on the socio-economic conditions of the locality, the provincial police shall cooperate with relevant agencies to advise the provincial People's Committee on utilizing other credit sources to provide preferential loans to post-rehabilitation individuals for production development and job creation.”
Article 4. Amending and supplementing some articles of Decree No. 16/2006/NĐ-CP dated January 25, 2006 of the Government on restoring reputation, compensation, and assistance for agencies, organizations, and individuals who suffered losses from participating in national security protection.
1. Amending and supplementing Clause 2, Article 7 as follows:
“2. The People's Committee of the province/city (hereinafter referred to collectively as the People's Committee of the province) shall be responsible for considering and deciding to restore the reputation of the subject whose honor has been impaired residing in their locality according to the proposal of the specialized agency for national security protection (in cases where the subject whose honor has been impaired is not managed by the specialized agency for national security protection).”
2. Amending and supplementing Clause 2, Article 9 as follows:
“2. The People's Committee of the province shall be responsible for considering and issuing decisions on compensating property losses for subjects suffering property losses in their locality according to the proposal of the specialized agency for national security protection (in cases where the subject suffering property losses is not managed by the specialized agency for national security protection).”
3. Amending and supplementing Clause 1 and Clause 5, Article 10 as follows:
a) Amend and supplement Clause 1 as follows:
“1. The following persons have the authority to decide on compensating property losses with a value up to VND 5,000,000 (five million) dong for subjects suffering property losses under their own unit’s management:
a) Head of the Provincial Security Service Department; Deputy Head of the Provincial Security Service Department;
b) Commander of the Border Guard Command; Deputy Commander of the Border Guard Command; Head of the Military Security Protection Department; Deputy Head of the Military Security Protection Department under the General Departments, Military Regions, Corpses, Armies, and Services of the Vietnam People's Army.”
b) Amend and supplement Clause 5 as follows:
“5. The Chairman of the People's Committee of the province decides on compensating property losses for subjects suffering property losses residing in their locality (in cases where the subject suffering property losses is not managed by the specialized agency for national security protection).”
4. Replacing some phrases as follows:
a) Replacing the phrase "People's Committee of the district" with the phrase "People's Committee of the province" at Point c, Clause 4, Article 7;
b) Replacing the phrase "Ministry of Labor, Invalids and Social Affairs" with the phrase "Ministry of Home Affairs" at Clause 4, Article 12; Clause 2, Article 14; Point d, Clause 2, Article 15; Article 19;
c) Replacing the phrase "Department of Labor, Invalids and Social Affairs" with the phrase "Department of Home Affairs" at Clause 1, Article 14; Point d, Clause 2, Article 15;
d) Replacing the phrase "labor, invalids and social affairs" with the phrase "home affairs" at Clause 3, Article 15.
a) Repeal the phrase “General Department of Customs and” in Article 15;
a) Abolishing the phrase "People's Committee of the district or" at Point c, Clause 4, Article 9; Clause 2, Article 12; Point c, Clause 2, Article 15;
b) Abolishing Clause 3, Article 10.
Article 5. Amending and supplementing some articles of Decree No. 92/2015/NĐ-CP dated October 13, 2015 of the Government on aviation security.
1. Amend and supplement Clause 3 of Article 3 as follows:
“3. Aviation security work is the responsibility of all organizations and individuals related to civil aviation activities. Aviation security services are public services provided by the Ministry of Public Security.
The implementation of regulations on aviation security shall be carried out in accordance with this Decree and other legal documents issued before the effective date of this Decree, provided that they do not conflict with the content of this Decree.”
2. Amending and supplementing Clause 6, Article 4 as follows:
“6. Aviation security is a service with revenue related to the implementation of aviation security measures, including: aviation security control; aviation security inspection; aviation security screening; aviation security surveillance; aviation security search; aircraft guarding; escorting people, means, and objects moving within restricted areas at airports.”
3. Amending and supplementing Clause 2 of Article 10 as follows:
“2. Aviation security searches of aircraft must be notified to the aircraft operator, relevant air traffic control units, and supervised by the Immigration Management Department.”
4. Amending and supplementing Point b, Clause 1, Article 15 as follows:
“b) Air security officers may carry weapons on flights of foreign airlines pursuant to written agreements between competent authorities of Vietnam and the aviation authorities of the relevant countries;”
5. Amending and supplementing Clause 3, Article 16 as follows:
“3. When transporting the object specified in Point c, Clause 1 of this Article, there must be a person authorized by a state agency to escort them; the number of passengers specified in Clause 1 of this Article transported on the same flight shall be regulated by the Minister of Public Security.”
6. Amending and supplementing Clause 4, Article 18 as follows:
“4. Based on the nature and degree of violation, the Immigration Management Department shall decide to prohibit transportation for a limited time or permanently for the objects specified in Clauses 1, 2, and 3 of this Article. The prohibition decision applies to domestic flights and international flights departing from Vietnam operated by all Vietnamese and foreign airlines.”
7. Amending and supplementing Clause 5, Article 20 as follows:
“5. The Director of the Immigration Management Department shall decide to apply or revoke enhanced aviation security levels, and report immediately to the Minister of Public Security and exchange information with the Civil Aviation Administration of Vietnam.”
8. Amending and supplementing Clause 2, Article 21 as follows:
“2. The Minister of Public Security shall stipulate the list, principles of management, and use of restricted aviation security documents.”
9. Amending and supplementing Clause 2 and Clause 4, Article 22 as follows:
a) Amend and supplement Clause 2 as follows:
“2. The Immigration Management Department shall be responsible for directing, guiding, and inspecting internal security control work of enterprises managing and using aviation staff; temporarily suspending the operation of aviation staff showing signs of violating laws, threatening aviation security, or upon request of the security agency under the Ministry of Public Security.”
b) Amend and supplement Clause 4 as follows:
“4. The Ministry of Public Security shall take the lead and coordinate with the Ministry of Construction to stipulate internal security control for aviation staff.”
10. Amending and supplementing Clause 2, Clause 3, and Clause 4, Article 25 as follows:
“2. The Immigration Management Department shall be subject to supervision and inspection by the International Civil Aviation Organization; be evaluated by foreign aviation authorities regarding aviation security work according to international standards.
3. The Department of Exit and Entry Administration shall be responsible for implementing air security quality control activities within the aviation industry; appointing Air Security Inspectors to carry out air security quality control.
4. Enterprises with security programs and aviation security regulations must implement air security quality control activities within their internal scope; be subject to air security quality control by the Department of Exit and Entry Administration; be subject to evaluation by foreign aviation authorities and related airlines.”
11. Amend and supplement Clause 1 of Article 28 as follows:
“1. The air security control force, directed by the Ministry of Public Security, shall organize to implement measures to ensure air security and provide air security services at airports, air cargo facilities, and mail handling facilities for aircraft.”
12. Amend and supplement Clause 3 and Clause 6 of Article 30 as follows:
a) To amend and supplement Clause 3 as follows:
“3. Propose the Director of the Department of Exit and Entry Administration to suspend flights to prevent threats to the security and safety of flights.”
b) Amend and supplement Clause 6 as follows:
“6. Record incidents involving individuals threatening air security or causing disturbances among passengers for processing or transferring to competent state agencies for handling according to the law; request airlines to refuse transportation of passengers for security reasons as stipulated.”
13. Amend and supplement Article 36 as follows:
“Article 36. The Ministry of Construction
1. Coordinate with the Ministry of Public Security, the Ministry of National Defense, and relevant ministries, sectors, and localities in the work of protecting national security, defense, counter-terrorism, and maintaining social order and safety at civil airports and airfields as prescribed by law.
2. Regularly and urgently exchange, provide, and evaluate information on political security situations, social order and safety; terrorist plots, methods, and means of operation; and illegal interference in civil aviation activities for the Ministry of Public Security.
3. Direct related aviation agencies and units to cooperate with the Department of Exit and Entry Administration in implementing air security measures; assessing risks and levels of threat to air security; managing and supervising passengers refused entry; and ensuring internal security and specialized aviation information systems.”
14. Amend and supplement Article 37 as follows:
“Article 37. The Ministry of Public Security
1. Implement state management over air security for civil aviation activities; issue by authority or submit to competent authorities for issuance and implementation policies, regulatory legal documents, standards, and technical specifications in the field of air security.
2. Take the lead and coordinate with relevant ministries and sectors to effectively implement international treaty provisions on air security to which the Socialist Republic of Vietnam is a member.
3. Direct aviation agencies and units to perform air security tasks, specifically:
a) Implement air security measures; operate and manage the air security quality control system; approve and accept security programs and regulations; organize air security control forces;
b) Establish a reporting system, collect information, analyze, and assess security incidents and threats; decide on applying appropriate preventive security measures based on the level of threat;
c) Develop, train, and conduct drills for emergency airport response plans and countermeasures against illegal interference in civil aviation activities;
d) Report, handle, rectify, investigate, and verify air security violations and incidents; issue necessary recommendations and directives to prevent and stop air security incidents;
e) Implement urgent security measures for air security, serving national security, defense, and national emergencies.
4. Conduct inspections, checks, and administrative penalties for violations in air security activities.
5. Lead the implementation of national security protection measures and counter-terrorism efforts related to civil aviation activities.
6. Direct public security agencies to implement air security measures; assess risks and levels of threat to air security; manage and supervise passengers refused entry; and ensure internal security and specialized aviation information systems.
7. Develop and implement plans to protect against crime, maintain public order, and ensure social safety at civil airports and airfields and aviation sector facilities. Receive and process crimes and violations concerning security, order, and traffic safety according to the law.
8. Develop and implement emergency response plans to counter illegal interference in civil aviation activities within its responsibility. Build an air security force. Organize training, instruction, and guidance on national security protection for air security control forces; fire prevention and firefighting skills for civil aviation firefighting forces.”
15. Amend and supplement Clause 1 and Clause 4 of Article 38 as follows:
a) Amend and supplement Clause 1 as follows:
“1. Lead the management and protection of national airspace; prevent the use of shoulder-fired missiles against civilian aircraft. Regularly or urgently exchange, provide, and evaluate information on political security situations, social order and safety; terrorist plots, methods, and means of operation; and illegal interference in civil aviation activities for the Ministry of Public Security.”
b) Amend and supplement Clause 4 as follows:
“4. Direct related military agencies and units to cooperate with the Department of Exit and Entry Administration in implementing air security measures; assess risks and levels of threat to air security.”
16. Amend and supplement Article 40 as follows:
“Article 40. The Ministry of Interior
Coordinate with the Ministry of Public Security to establish a salary mechanism suitable for officials and employees who are full-time or part-time and receive salaries from the state budget in the field of ensuring aviation security.
Article 6. Amend and supplement certain articles of Decree No. 105/2015/NĐ-CP dated October 20, 2015 of the Government detailing the implementation of certain provisions of the Environmental Police Ordinance (amended and supplemented by Decree No. 157/2024/NĐ-CP dated December 16, 2024).
1. Amend and supplement Point a Clause 1 and Clause 3 Article 14 as follows:
a) Amend and supplement point a, Clause 1 as follows:
“a) Take the lead and coordinate with the Ministry of Agriculture and Rural Development, the Ministry of Health, and other relevant ministries and agencies to develop and implement strategies, policies, and plans for preventing and combating environmental crimes and administrative violations related to natural resources and food safety.”
b) Amend and supplement Clause 3 as follows:
“3. The Ministry of Agriculture and Rural Development
Direct and guide competent agencies to cooperate with the Environmental Crime Prevention Police Force in the following activities:
a) Exchange necessary information and documents on state policies and legal regulations related to environmental protection, natural resource management; report situations and results of inspections, investigations, and administrative violations related to environmental protection, natural resource management, and food safety in the fields of agriculture, forestry, fisheries, and rural development;
b) Inspect, detect, and handle administrative violations related to environmental protection, natural resource management, and food safety in activities such as exploration, exploitation, processing, and utilization of mineral resources, land resources, water resources, marine and island resources, biodiversity; production, business, and use of chemicals, plant protection products, environmental treatment products, fertilizers, agricultural waste; veterinary, livestock breeding, animal feed, slaughtering, and livestock product processing; forest protection and development; aquaculture and fishery product processing; nature conservation activities;
c) Hand over case files, documents, equipment, and items related to violations of environmental laws, natural resource management laws, and food safety laws in the fields of agriculture, forestry, fisheries, and rural development within the jurisdiction of the Environmental Crime Prevention Police Force;
d) Provide guidance and support in specialized agricultural, environmental, and natural resource technical work; analyze, monitor, test, and appraise the environment and natural resources; apply environmental standards to identify violations of environmental laws and natural resource management laws; implement research projects, training, and capacity building programs in environmental monitoring and management; inspection and appraisal work in agriculture, forestry, and fisheries to detect and handle environmental crimes and administrative violations.”
2. Replace the phrase "Head of the County Public Security" with the phrase "Head of the Commune Public Security" in Point d Clause 3 Article 6, Point d Clause 2 Article 7, and Point d Clause 2 Article 8.
3. Repeal Clause 5 Article 14.
Article 7. Amend and supplement some provisions of Decree No. 121/2017/NĐ-CP dated November 6, 2017 of the Government on construction, management, and use of databases on enforcement of temporary detention and pretrial detention.
1. Amending and supplementing Clause 2, Article 7 as follows:
"2. Provincial temporary detention and pretrial detention management agencies, detention centers, and sub-detention centers shall be responsible for:
a) Building, managing, and using information on the enforcement of temporary detention and pretrial detention within their jurisdiction;
b) Providing information on the situation and results of the enforcement of temporary detention and pretrial detention, as well as basic information about persons subject to temporary detention and pretrial detention, to the Central Database on Enforcement of Temporary Detention and Pretrial Detention under the Ministry of Public Security."
2. Amend and supplement Point a Clause 4 Article 10 as follows:
"a) The Central Database on Enforcement of Temporary Detention and Pretrial Detention under the Ministry of Public Security; Provincial temporary detention and pretrial detention management agencies; detention centers and sub-detention centers within the People's Public Security;"
Article 8. Amend and supplement some provisions of Decree No. 19/2018/NĐ-CP dated February 2, 2018 of the Government on calculating the total quantity or volume of narcotic substances at certain articles of the Penal Code 2015.
1. Amend and supplement Article 1 as follows:
"Article 1. Scope of Regulation
This Decree stipulates the calculation of the total quantity or volume of narcotic substances at Point k Clause 2, Point e Clause 3, Point đ Clause 4, Point đ Clause 5 Article 248; Point i Clause 1, Point n Clause 2, Point h Clause 3, Point h Clause 4 Article 249; Point i Clause 1, Point o Clause 2, Point h Clause 3, Point h Clause 4 Article 250; Point p Clause 2, Point h Clause 3, Point h Clause 4, Point h Clause 5 Article 251 and Point i Clause 1, Point n Clause 2, Point h Clause 3, Point h Clause 4 Article 252 of the Penal Code No. 100/2015/QH13 dated November 27, 2015, which has been amended and supplemented by some articles according to Law No. 12/2017/QH14 dated June 20, 2017 and Law No. 86/2025/QH15 dated June 25, 2025 (hereinafter referred to as the Penal Code 2015)."
2. Amending and supplementing Clause 4 as follows:
"Article 4. Calculation of the total quantity or volume of narcotic substances in cases where the narcotic substances are specified in the same point of clauses of one of Articles 248, 249, 250, 251, 252 of the Penal Code 2015
In cases where the narcotic substances are all specified in the same point of Clause 2, 3, 4, 5 Article 248; or in the same point of Clause 1, 2, 3, 4 Article 249; or in the same point of Clause 1, 2, 3, 4 Article 250; or in the same point of Clause 2, 3, 4, 5 Article 251; or in the same point of Clause 1, 2, 3, 4 Article 252 of the Penal Code 2015, then the quantities or volumes of the narcotic substances are added together and compared with the provisions regarding the quantity or volume of the group of narcotic substances in the clauses of the applicable article to determine the total quantity or volume of the narcotic substances falling under which clause of the applicable article."
3. Amend and supplement Clause 5 as follows:
"5. In cases where one of the narcotic substances has a quantity or volume falling under Clause 4 of one of Articles 249, 250, 252 of the Penal Code 2015, the total quantity or volume of the narcotic substances falls under Clause 4, Point h Article 249 or Clause 4, Point h Article 250 or Clause 4, Point h Article 252 of the Penal Code 2015.
In cases where one of the narcotic substances has a quantity or volume falling under Clause 4 of one of Articles 248 or 251, the total quantity or volume of the narcotic substances shall be calculated according to the provisions of Clause 6 of this Article."
4. Supplement Clauses 6 and 7 after Clause 5 as follows:
"6. In cases where all the narcotic substances have quantities or volumes below the minimum threshold for each substance as provided in Clause 5 of Article 248 or Clause 5 of Article 251 of the Penal Code 2015, including at least one narcotic substance having a quantity or volume falling under Clause 4 of Article 248 or Clause 4 of Article 251, the total quantity or volume of the narcotic substances shall be determined in the following sequence:
a) Calculate the percentage of the quantity or volume of each narcotic substance relative to the minimum threshold for each substance as provided in Clause 5 of Article 248 or Clause 5 of Article 251 of the Penal Code 2015. Then add the percentages of the quantity or volume of each narcotic substance together to determine the total percentage of the quantity or volume of the narcotic substances;
b) Based on the total percentage of the quantity or volume of the narcotic substances determined in Point a of this Clause, determine the total quantity or volume of the narcotic substances falling under which clause of Article 248 or Article 251 of the Penal Code 2015 according to the principle:
If the total percentage of the quantity or volume of the narcotic substances is less than 100%, the total quantity or volume of the narcotic substances falls under Point đ Clause 4 of Article 248 or Point h Clause 4 of Article 251 of the Penal Code 2015.
If the total percentage of the quantity or volume of the narcotic substances is 100% or more, the total quantity or volume of the narcotic substances falls under Point đ Clause 5 of Article 248 or Point h Clause 5 of Article 251 of the Penal Code 2015.
7. In cases where one of the narcotic substances has a quantity or volume falling under Clause 5 of Article 248 or Clause 5 of Article 251 of the Penal Code 2015, the total quantity or volume of the narcotic substances falls under Point đ Clause 5 of Article 248 or Point h Clause 5 of Article 251 of the Penal Code 2015."
5. Issue an Appendix to replace the Appendix on calculating the total quantity or volume of narcotic substances in certain specific cases accompanying Decree No. 19/2018/NĐ-CP.
Article 9. Amending and supplementing some articles of Decree No. 49/2019/NĐ-CP dated June 6, 2019 of the Government detailing and providing implementation measures for certain provisions of the Law on People's Police (amended and supplemented by Decree No. 57/2023/NĐ-CP dated August 11, 2023).
1. Amending and supplementing Clause 1 of Article 2a as follows:
“1. People's Police officers may be considered for promotion to general rank ahead of schedule if they achieve outstanding results in national security protection, maintaining public order and safety, combating crime and violations of law, building the People's Police, scientific research, work, and study, and are awarded one of the following honors (excluding awards based on years of service and contributions over time) as follows:
Second-Class Independence Medal; Third-Class Independence Medal; Second-Class Military Service Medal; Third-Class Military Service Medal; Second-Class Labor Medal; Third-Class Labor Medal; Second-Class National Defense Medal; Third-Class National Defense Medal; Second-Class Combat Medal; Third-Class Combat Medal; Bravery Medal.”
2. Amending and supplementing Clause 3 of Article 2a as follows:
“3. The period for promotion to general rank ahead of schedule shall not exceed twenty-four months and shall be determined by the competent authority when examining specific cases based on the level of achievements and the scope of influence of the honors awarded, to decide the appropriate period for promotion to general rank ahead of schedule.”
Article 10. Amending and supplementing some articles of Decree No. 52/2019/NĐ-CP dated June 14, 2019 of the Government detailing certain provisions of the Pardon Law.
1. Amending and supplementing Clauses 4, 5, and 6 of Article 4 as follows:
“4. A person sentenced to imprisonment who has performed significant meritorious acts during the execution of their sentence as stipulated in Point a, Clause 3, Article 11 of the Pardon Law is a person who falls under one of the following circumstances:
a) Has taken actions that assist prisons, temporary detention centers, or criminal investigation authorities in discovering, apprehending, investigating, and prosecuting crimes;
b) Saved another person's life or property worth VND 50,000,000 or more belonging to the State, collective organizations, or citizens during natural disasters or fires;
c) Made significant inventions or innovations or achieved other particularly outstanding results recognized by prisons or temporary detention centers.
A person who has been sentenced to imprisonment and has performed significant meritorious acts during the waiting period before being transferred to prison or temporary detention center for serving the sentence shall also be considered to have performed significant meritorious acts during the execution of the sentence.
5. A person sentenced to imprisonment who suffers from a serious illness as stipulated in Point c, Clause 3, Article 11 of the Pardon Law is a person suffering from one of the following diseases: terminal stage cancer; paralysis; severe drug-resistant tuberculosis; cirrhosis with ascites; heart failure at Stage III or higher; chronic kidney disease at Stage IV or higher; AIDS at Stage IV with opportunistic infections, unable to take care of themselves, with a poor prognosis, high risk of death, or other diseases concluded in writing by the Medical Appraisal Board or specialized medical facilities or military regional hospitals and above as unable to take care of themselves and at high risk of death.
6. A person sentenced to imprisonment who frequently falls ill and cannot take care of themselves as stipulated in Point c, Clause 3, Article 11 of the Pardon Law is a person who must be hospitalized continuously for three months or more or intermittently but hospitalized for three times or more, each time for one month or more, unable to take care of themselves, with a conclusion in writing by the Medical Appraisal Board or specialized medical facilities or military regional hospitals and above.”
2. Amending and supplementing Clauses 3 and 7 of Article 5 as follows:
a) To amend and supplement Clause 3 as follows:
“3. In the case of a person sentenced to imprisonment who has performed significant meritorious acts during the execution of the sentence, a person who has made contributions to the revolution, relatives of persons who have made contributions to the revolution; a person suffering from a serious illness, a person who frequently falls ill and cannot take care of themselves; a person under eighteen years old at the time of committing the offense; a person under eighteen years old serving a sentence; a person aged seventy or older; pregnant women or women with children under thirty-six months old residing in prison or temporary detention center with them; a person with a particularly difficult family situation and is the only laborer in the family; a person with severe disability or extremely severe disability; a person with difficulties in understanding and controlling their behavior, the following documents must be provided corresponding to each case:
a) A report on the meritorious acts of the person sentenced to imprisonment; a written proposal for awarding honors to the person sentenced to imprisonment by prison staff or temporary detention center staff or the Investigative Agency using the person sentenced to imprisonment for investigative purposes; confirmation or a copy of the decision awarding honors for significant meritorious acts during the execution of the sentence by the Prison Director or Temporary Detention Center Director or the Investigative Agency using the person sentenced to imprisonment for investigative purposes;
b) Documents proving that the person sentenced to imprisonment is a person who has made contributions to the revolution according to the law on preferential treatment for persons who have made contributions to the revolution; copies of decisions awarding the title of Heroic Laborer, Heroic Fighter in the Anti-American War to Save the Nation; copies of Medals and Commendation Badges for Resistance.
In the case where the person sentenced to imprisonment is the father, mother, wife, husband, or child of a烈士或为革命作出贡献的人获得“国家功勋纪念章”或“有功于国证书”或抚养烈士至少年幼的人,必须由该服刑人员居住地的乡级人民政府出具确认书或证明文件,或者由该服刑人员在犯罪前工作或学习单位出具确认书。如果服刑人员是烈士、为革命作出贡献的人或“越南英雄母亲”的合法养父、养母或合法养子,必须由该服刑人员居住地的乡级人民政府或烈士生前居住地的乡级人民政府或“越南英雄母亲”居住地的乡级人民政府出具确认书或证明文件。
c) The conclusion of the Medical Appraisal Board or a copy of the medical record and the conclusion of specialized medical facilities or military region hospitals for persons sentenced to imprisonment who are suffering from serious illnesses or chronic illness, or pregnant women.
Documents proving that persons sentenced to imprisonment suffer from serious illnesses or chronic illness shall only be valid for a period of six months, calculated from the date the Parole Recommendation Council of the prison or temporary detention center convenes to examine and prepare the parole recommendation file.
b) Amend and supplement Clause 7 as follows:
"7. The parole recommendation document of the Parole Examination and Recommendation Council of the prison or temporary detention center, provincial People's Court, or Military Region People's Court shall be prepared according to the model issued by the Parole Advisory Council during each parole session."
3. Amend and supplement Clause 2 and Clause 4 of Article 6 as follows:
a) Amend and supplement Clause 2 as follows:
"2. After announcing the Parole Decision, the prison or temporary detention center shall release foreign nationals based on the Parole Decision and notify the Consular Department of the Ministry of Foreign Affairs or other agencies authorized by the Ministry of Foreign Affairs to inform the diplomatic missions or consular offices of the country of which the paroled person is a citizen."
b) Amend and supplement Clause 4 as follows:
"4. The prison or temporary detention center shall be responsible for transferring foreign nationals granted parole to a designated accommodation facility in accordance with the laws on criminal enforcement and decide on the place of residence for foreign nationals granted parole at the accommodation facility."
4. To amend and supplement Article 7 as follows:
"Article 7. Procedures and formalities for preparing files and lists of persons eligible for parole recommendation"
1. Within five days from the date the Parole Decision is posted and publicized, the Warden of the prison or temporary detention center shall organize for persons sentenced to imprisonment to submit the Parole Application Form and Commitment Statement according to the prescribed model.
2. After receiving the parole application from persons eligible for parole recommendation, the Warden of the prison or temporary detention center shall organize a meeting of the prisoner team (group) to discuss, vote secretly, and recommend persons for parole if there is a prisoner team (group). The warder in charge of the prisoner team (group) shall be responsible for compiling the results of the meeting into a minutes and proposing recommendations regarding the parole of the prisoners under his/her supervision.
3. Based on the provisions of the law on parole, the Parole Decision, and the results of the prisoner team (group) meeting, the Warden of the prison or temporary detention center shall prepare a list and file of persons eligible for parole recommendation.
5. Amend Clause 1 of Article 8 as follows:
"1. The inter-ministerial review team shall directly work with the Wardens of prisons and temporary detention centers under the Ministry of Public Security, Heads of Criminal Enforcement Agencies of provincial public security departments, Heads of Criminal Enforcement Agencies of the Ministry of National Defense, Chairpersons of People's Courts in regions, and Chairpersons of Military Region People's Courts to hear reports on the results of the examination of parole recommendations and review the files and lists of persons eligible for parole recommendation."
6. Repeal Clause 1 of Article 4.
Article 11. Amend and supplement certain articles of Decree No. 70/2019/NĐ-CP dated August 23, 2019 of the Government on the implementation of the obligation to participate in the People's Police Force
1. Amend and supplement Article 6 as follows:
"Article 6. Recruitment Files
Citizens participating in recruitment for the obligation to join the People's Police Force shall submit the following documents to the police station of their place of permanent residence (hereinafter referred to as the police station):
1. A registration form for the obligation to join the People's Police Force according to the model attached to this Decree, confirmed by the People's Committee of the commune, ward, or special administrative zone (hereinafter referred to as the People's Committee) where the citizen resides or by the organization or institution where the person is working or studying.
2. Certificate of registration for compulsory military service."
“1. The procedure for appointing, reappointing accounting managers and accounting supervisors, and assigning accounting supervisors shall be carried out according to the procedure for appointing mid-level professional positions as prescribed in Circular No. 29/2017/TT-BCA dated September 1, 2017 of the Minister of Public Security stipulating the procedures and formalities for appointing, dismissing, demoting, and changing positions within the People's Police, amended and supplemented by Circular No. 49/2023/TT-BCA dated October 18, 2023; Circular No. 77/2021/TT-BCA dated July 15, 2021 of the Minister of Public Security stipulating the list of positions and titles and the allocation and use of titles for police officers and non-commissioned officers of the People's Police, and Circular No. 78/2021/TT-BCA dated July 15, 2021 of the Minister of Public Security stipulating the standards for titles of police officers and non-commissioned officers of the People's Police, and any amendments and supplements to these Circulars (if any) and the following provisions:”
"Article 7. Recruitment Procedures
The recruitment and call-up of citizens for the obligation to join the People's Police Force shall be carried out in the following steps:
1. The police station shall base on the number of citizens called up for the obligation to join the People's Police Force assigned to the commune and proceed as follows:
a) Advise the People's Committee at the same level to organize announcements and propaganda through mass media and publicly post notices at the police station and People's Committee office about the target group, standards, conditions, and time for accepting registration applications. The acceptance period for registration applications must be at least thirty days from the date of announcement;
b) Accept the applications of citizens registering for recruitment and conduct preliminary screening (height, weight, physical appearance); report the results (with attached files) of those who meet the requirements of preliminary screening to the Chairman of the People's Committee (through the Military Service Council) and simultaneously report to the Provincial Public Security Director (through the Personnel Department).
2. Conduct recruitment and call-up of citizens for the obligation to join the People's Police Force as follows:
a) The Chairman of the People's Committee shall decide to call up citizens for health examination in accordance with Clause 2 of Article 40 of the Law on Compulsory Military Service 2015 (amended and supplemented in 2025). The decision to call up for health examination must be handed over to the citizens fifteen days before the examination date;
b) The police station shall organize background checks and issue political standards for those who meet the health standards as concluded by the Health Examination Board;
c) The Provincial Public Security Director shall report to the Military Service Council and request the Chairman of the People's Committee at the provincial level to approve the list of citizens selected for the obligation to join the People's Police Force;
d) Based on the list of citizens selected for the obligation to join the People's Police Force approved by the Chairman of the People's Committee at the provincial level, the Chairman of the People's Committee at the commune level shall decide to call up individual citizens for the obligation to join the People's Police Force."
"The entity organizing the examination, issuance, and revocation of specialized bidding business certificates is a public service institution with training and enhancement functions under the management of ministries, ministerial-level agencies, provincial people's committees, or centrally governed municipalities."
"1. During the period of health examination as decided by the Chairman of the People's Committee at the commune level, citizens participating in recruitment for the obligation to join the People's Police Force shall enjoy the benefits and policies stipulated for citizens during the period of compulsory military service health examination."
4. Amend and supplement Clause 3, Clause 4, and Clause 5 of Article 10 as follows:
"3. The Director of the Bureau and equivalent positions, and the Provincial Public Security Director shall decide on discharge for each non-commissioned officer and soldier under their jurisdiction; organize farewell ceremonies for non-commissioned officers and soldiers completing their service obligations and hand them over to the People's Committee of the commune that provided the recruits."
4. The discharge date from military service must be notified to non-commissioned officers and conscripts and the People's Committee of the commune where they were mobilized or the agency or organization where they work or study at least thirty days prior to their induction.
5. The People's Committee of the province, the People's Committee of the commune, and agencies and organizations shall organize the reception of non-commissioned officers and conscripts upon their discharge from military service.
5. Amending and supplementing Clause 3 of Article 12 as follows:
3. The Ministry of Culture, Sports and Tourism shall direct news agencies and press organizations to disseminate information and promote public awareness about the obligation to participate in the People's Public Security Forces as prescribed by law.
6. Amend and supplement Clause 2 of Article 13 as follows:
2. Responsibilities of the People's Committee of the province:
Implement responsibilities as stipulated in Clause 1 of this Article and direct the Military Service Council and the People's Committee of the commune to select citizens to fulfill the obligation to participate in the People's Public Security Forces in accordance with regulations, ensuring expenditure and selection quality.
"1. Enterprises that employ fewer disabled workers than the prescribed ratio under Article 14 of this Decree must pay monthly into the Employment Fund for Disabled Workers an amount equal to the current minimum wage set by the State multiplied by the number of additional disabled workers the enterprise needs to hire to meet the prescribed ratio."
1. Be present at the time and place specified in the Decision to Call. If there is a valid reason preventing attendance at the specified time and place, confirmation from the local Public Security School or the agency or organization where they work must be obtained and reported to the Chairman of the People's Committee of the commune.
8. Repeal Clause 3 of Article 13.
9. Issue an Appendix to replace the Appendix on the Registration Form for Fulfilling the Obligation to Participate in the People's Public Security Forces attached to Decree No. 70/2019/NĐ-CP.
Article 12. Amend and supplement certain provisions of Decree No. 26/2020/NĐ-CP dated February 28, 2020 detailing certain provisions of the Law on Protecting State Secrets.
Amending and supplementing Clause 2 of Article 7 as follows:
2. Units subordinate to or directly under the agencies and organizations as provided for in Clause 1 of this Article; Provincial Party Committees, Municipal Party Committees, Provincial People's Councils shall assign personnel to concurrently perform the duty of protecting state secrets at offices or administrative units, and consolidate them.
Article 13. Amend and supplement certain provisions of Decree No. 43/2020/NĐ-CP dated April 8, 2020 of the Government regarding the execution of capital punishment by lethal injection.
1. Amend and supplement Clause 7 of Article 9 as follows:
7. Coordinate with the People's Committee of the commune to complete death registration procedures; organize burial, draw a grave map, and place a tombstone for the person executed; inform their relatives or legal representatives.
2. Amend and supplement Article 10 as follows:
Article 10. Responsibilities of the Public Security Office where the capital punishment is carried out and where the burial takes place.
1. Participate in maintaining security and order as prescribed.
2. Detect, prevent, and handle violations of the law in the managed area.
3. Perform other tasks as directed by the Provincial Public Security Director.
3. Amend and supplement Clause 7 of Article 13 as follows:
7. Coordinate with the People's Committee of the commune to complete death registration procedures; organize burial, draw a grave map, and place a tombstone for the person executed; inform their relatives or legal representatives.
4. Amend and supplement Article 20 as follows:
Article 20. Responsibilities of the People's Committee of the province and centrally governed city.
The People's Committee of the province and centrally governed city shall be responsible for allocating land for the construction of the execution site, designate the burial location for those executed, and direct the People's Committee of the commune and related agencies in the locality to cooperate in ensuring security, order, and safety during the execution.
5. Repeal Article 21.
Article 14. Amend and supplement certain provisions of Decree No. 49/2020/NĐ-CP dated April 17, 2020 of the Government detailing the implementation of the Criminal Enforcement Law concerning reintegration into society.
1. Amend and supplement Clause 5 of Article 5 as follows:
5. Detention facilities may invite officials from the Judiciary, Education and Training, Bar Association, Youth Union, universities, HIV/AIDS Prevention Centers, Employment Service Centers, enterprises, or other relevant agencies to provide legal counseling and support services to inmates. Officials from state agencies or social organizations providing such services must be introduced in writing by their leadership and approved by the detention facility director to conduct the work.
2. Amend and supplement Clause 4 of Article 6 as follows:
4. The Ministry of Public Security shall take the lead and coordinate with the Ministry of Education and Training to guide the organization of vocational training, skill enhancement, and issuance of vocational certificates for inmates nearing completion of their sentences, and connect with enterprises and production bases to introduce job opportunities.
3. Amending and supplementing Article 8 as follows:
Article 8. Notification of Inmates Completing Their Sentences.
1. Two months before an inmate completes their sentence, detention facilities shall notify the Criminal Enforcement Agency of the Provincial Public Security, the People's Committee of the commune, or the agency, organization, or unit where the inmate will reside or work after completing their sentence, as stipulated in Clause 1 of Article 46 of the 2019 Criminal Enforcement Law.
2. In cases where the inmate has no support system and cannot determine their place of residence after completing their sentence and falls within the category of individuals eligible for care and support at social welfare institutions, detention facilities shall request the People's Committee of the commune and the Health Department of the locality where the inmate serves their sentence to collaborate in processing admission procedures for the inmate into a local social assistance institution immediately after they complete their sentence.
"2. The Director of the Department of Police Administration for Social Order Management shall approve requests for searching, exploiting, and providing information and materials in the national identity card archives nationwide and requests from foreign agencies and organizations when authorized by the Ministry of Public Security."
2. Individuals who have completed their prison terms are entitled to borrow funds for vocational training according to laws on credit for students and trainees; they can also apply for loans from the National Employment Fund to create employment opportunities and are prioritized for participation in public employment programs as stipulated by laws on employment support and the National Employment Fund.
Based on the socio-economic conditions of the locality, the Department of Home Affairs shall coordinate with relevant agencies to advise the Provincial People's Committee to utilize other sources of credit to provide preferential loans to individuals who have completed their prison terms to develop production and create employment.
5. Amend and supplement Clause 3 of Article 13 as follows:
3. Direct Public Security agencies at all levels to cooperate with the Fatherland Front and other relevant agencies to assist the People's Committee at the same level in organizing measures to ensure community reintegration.
Article 15. Inspection labels for fire prevention and firefighting equipment
Article 15. Responsibilities of the Ministry of Home Affairs.
1. Collaborate with the Ministry of Public Security and the Ministry of Defense to implement activities such as career counseling, job introduction, and enhancing job-seeking skills for inmates nearing the end of their sentences.
2. Direct, guide specialized agencies at all levels to cooperate with functional agencies in localities to develop plans for consulting, introducing employment opportunities, providing loans for vocational training, and creating jobs for individuals who have completed their criminal sentences; advise provincial People's Committees on reviewing and deciding on support policies for vocational training and preferential loans for individuals who have completed their criminal sentences and are in difficult circumstances to create job opportunities.
7. Amend and supplement Article 17 as follows: "Article 17. Responsibilities of the Ministry of Science and Technology".
8. Amend and supplement Clause 3 Article 20 as follows:
“3. Guide, inspect, urge the acceptance, management, supervision, education, and assistance for individuals who have completed their criminal sentences residing in localities; decide to accept into social welfare institutions individuals who have completed their criminal sentences without a place to rely on and are eligible for care and maintenance at social welfare institutions.”
9. Amend and supplement Article 23 as follows:
“Article 23. Responsibilities of Provincial Public Security Agencies
1. Advise and assist the Chairman of the Provincial People's Committee in directing the implementation of measures to ensure community reintegration for individuals who have completed their criminal sentences.
2. Implement the work of accepting, managing, supervising, educating, and assisting individuals who have completed their criminal sentences, creating conditions for them to exercise other civil rights and obligations as prescribed by law.
3. Take the lead and coordinate with departments, sectors, mass organizations, and social organizations to help individuals who have completed their criminal sentences overcome difficulties and stabilize their lives.
4. Direct the criminal enforcement agencies of the local public security forces periodically or upon request to compile data, assess the situation, and evaluate the results of accepting, managing, supervising, educating, and assisting individuals who have completed their criminal sentences in community reintegration; report to the Ministry of Public Security and the same-level People's Committee.
5. Direct the Criminal Enforcement Agency of the Provincial Public Security to establish files to propose competent authorities to consider shortening probation periods; exempting from remaining supplementary penalties; exempting or reducing civil execution obligations for individuals who have completed their criminal sentences when they meet the conditions stipulated by law; periodically or upon request, compile data, assess the situation, and evaluate the results of accepting, managing, supervising, educating, and assisting individuals who have completed their criminal sentences in community reintegration; report to the same-level People's Committee.”
10. Amend and supplement Article 28 as follows:
“Article 28. Guidance on Implementation
The Ministry of Public Security, the Ministry of National Defense, the Ministry of Home Affairs, the Ministry of Finance, the Ministry of Justice, the Ministry of Culture, Sports and Tourism, and related ministries and sectors, within the scope of their functions, tasks, and powers, shall be responsible for coordinating to guide and inspect the implementation of this Decree.”
11. Repeal Clause 2 of Article 16, Article 21, and Article 24.
Article 15. Amend and supplement some articles of Decree No. 55/2020/NĐ-CP dated May 25, 2020 of the Government detailing the implementation of the Law on Execution of Criminal Sentences regarding the execution of sentences against business entities
1. Replace certain phrases as follows:
a) Replace the phrase "the same-level People's Procuracy" with the phrase "the competent People's Procuracy" in Clause 1 of Article 7.
b) Replace the phrase "the same-level People's Procuracy" with the phrase "the same-level People's Procuracy as the court that issued the decision" in Point b of Clause 2 of Article 11 and Clause 3 of Article 12.
2. Repeal Clause 2 of Article 19.
Article 16. Amend and supplement some articles of Decree No. 59/2020/NĐ-CP dated May 27, 2020 of the Government on criminal execution database
Amend and supplement Clause 2 of Article 5 as follows:
"2. The criminal enforcement agencies under the provincial police, prisons, and temporary detention centers shall be responsible for:
a) Collecting, updating information, and exploiting the criminal execution database within their management scope;
b) Providing criminal execution data to the criminal enforcement management agencies under the Ministry of Public Security."
Article 17. Amend and supplement some articles of Decree No. 76/2020/NĐ-CP dated July 1, 2020 of the Government detailing the subjects, procedures, formalities, authority for issuing, revoking, and invalidating travel permits (amended and supplemented by Decree No. 67/2024/NĐ-CP dated June 25, 2024)
1. Amend and supplement Point a and Point b of Clause 3 of Article 4 as follows:
"a) Vietnamese citizens permanently residing in administrative units at the commune level adjacent to the Vietnam-China border;
b) Officials and civil servants working at state agencies with offices located in administrative units at the commune level in provinces adjacent to the Vietnam-China border who are assigned to work in the opposite border area of China."
2. Amend and supplement Clause 4 of Article 7 as follows:
"4. The person requesting issuance of a travel permit for entry and exit from the Vietnam-China border area specified in Point b of Clause 3 of Article 4 of this Decree shall directly submit the application at the commune-level public security agency where the office of that person's workplace is located or through the National Public Service Portal or the Ministry of Public Security Public Service Portal."
3. Replace the phrase "Border Guard Province Command" with the phrase "Border Guard Command" in Clause 4 of Article 11 and Clause 2 of Article 12.
4. Repeal the following phrases:
a) Repeal the phrase "or the county-level public security agency where the place of permanent residence is located" in Point a of Clause 2 of Article 7;
b) Repeal the phrase "county-level," in Clause 1 of Article 11.
5. Supplement Model M01b Application Form for Requesting Issuance of a Travel Permit for Individuals Under 14 Years Old.
Article 18. Amend and supplement some articles of Decree No. 77/2020/NĐ-CP dated July 1, 2020 of the Government on managing and exploiting information in the national database on entry and exit; online public services for issuing, managing, and controlling passports for Vietnamese citizens; automatic border control (amended and supplemented by Decree No. 67/2024/NĐ-CP dated June 25, 2024)
1. Amend and supplement Clause 2 and Clause 3 of Article 7 as follows:
"2. In the case provided for in Clause 2 of Article 6 of this Decree: The agency issuing entry and exit documents, the competent authority issuing visas, and the unit controlling entry and exit must ensure infrastructure conditions to connect online with the National Database on Entry and Exit.
3. In the case provided for in Clause 3 of Article 6 of this Decree:
a) Citizens may directly or send the application form M03b issued together with this Decree to the agency managing the National Database on Entry and Exit or the Entry and Exit Management Agency under the provincial public security agency where it is convenient or the commune-level public security agency where they reside temporarily or permanently, or through the National Public Service Portal or the Ministry of Public Security Public Service Portal;
b) Within five working days from the date of receipt of the application, the competent authority specified in Point a of this clause shall reply in writing to the applicant."
2. Amend and supplement the name of Article 15 as follows:"Article 15. The Ministry of Science and Technology shall be responsible."
3. Replace Model M03a "Application for Confirmation and Provision of Information" issued together with Decree No. 67/2024/NĐ-CP dated June 25, 2024 of the Government with Model M03b "Application for Confirmation and Provision of Information for Individuals Aged 14 and Above."
4. Issue Model M04 "Application for Confirmation and Provision of Information for Individuals Under 14 Years Old" together with this Decree.
Article 19. Amending and supplementing some articles of Decree No. 42/2021/NĐ-CP dated March 31, 2021 of the Government on the construction of regular commune police stations
1. Amend and supplement Article 1 as follows:
"Article 1. Scope of Regulation
This Decree stipulates the position, decision-making authority of the organization of regular commune police stations (hereinafter referred to collectively as regular commune police stations); implementation timeline; working relationships, conditions for ensuring the operation of regular commune police stations; responsibilities of ministries, sectors, and People's Committees at all levels in constructing regular commune police stations.
2. Amending and supplementing Article 3 as follows:
Article 3. Position of regular commune police stations
Regular commune police stations are grassroots-level public security organizations, located in administrative units of communes, special zones, belonging to the organizational system of the people's public security force; they serve as the core in performing tasks to protect national security, ensure social order and safety, combat and prevent crimes and violations of laws on national security and social order and safety, and build mass movements for protecting national security at the commune and special zone level.
3. Amend and supplement Clause 1 of Article 5 as follows:
1. The Head of the Commune Police Station is directly commanded and managed by the Director of the Provincial Public Security Department regarding work to ensure security and order and build the commune police force.
4. Repealing Article 6.
Article 20. Amending and supplementing some articles of Decree No. 116/2021/NĐ-CP dated December 21, 2021 of the Government detailing some provisions of the Law on Prevention and Control of Drugs, the Law on Handling Administrative Violations concerning drug rehabilitation and post-rehabilitation management
1. Amending and supplementing Clause 8 of Article 3 as follows:
"8. Meritorious deeds are acts of persons undergoing drug rehabilitation who courageously save lives or property of the State, collective, or individuals; have technical innovations recognized by competent authorities at provincial level or higher; have outstanding achievements in the All-People Movement for Safeguarding National Security and are awarded commendation certificates by the Director of the Provincial Public Security Department or the Director of the Public Security Department of centrally-administered cities (hereinafter referred to collectively as provincial level or higher)."
2. Amending and supplementing Clause 5 as follows:
Article 5. Ensuring security and order, preventing diseases, and treating illnesses at drug rehabilitation facilities
1. When complex issues arise concerning security and order, disease prevention, and treatment at drug rehabilitation facilities, the facility shall request cooperation from the health authority of the commune where it is located and the local police station to resolve the issues.
2. In cases requiring urgent intervention or beyond the capacity of local authorities, the drug rehabilitation facility shall report to the Provincial Public Security Department; the Provincial Public Security Department shall be responsible for requesting the Health Department to send personnel to cooperate in resolving the issues. If the requested agency does not provide support, it must respond in writing and specify the reasons.
3. Amending and supplementing Clause 2 of Article 8 as follows:
"2. Positions for leadership and management roles, specialized occupational titles, staff structures according to occupational titles, and staffing norms at state-owned drug rehabilitation facilities shall be implemented in accordance with guidelines issued by the Minister of Public Security."
4. Amend and supplement Article 10 as follows:
Article 10. Authority to issue, reissue, and revoke operating permits
The Director of the Provincial Public Security Department shall issue, reissue, and revoke operating permits for voluntary drug rehabilitation facilities within their jurisdiction.
5. Amending and supplementing Point c of Clause 1 and Clause 2 of Article 11 as follows:
a) Amend and supplement Point c Clause 1 as follows:
"c) Approval document for setting up a voluntary drug rehabilitation facility headquarters issued by the Chairman of the People's Committee of the commune, ward, or special zone (hereinafter referred to collectively as commune level) where the drug rehabilitation facility is located, in accordance with Model 02a, 02b of Appendix II to this Decree."
b) Amend and supplement Clause 2 as follows:
"2. Implementation procedures:
a) Voluntary drug rehabilitation facilities shall submit directly, through postal service, or via electronic means one set of application documents specified in Clause 1 of this Article to the Provincial Public Security Department. In cases of submitting documents via electronic means, the facility shall retain the original copies of the documents and bear legal responsibility for the accuracy and truthfulness of the documents;
b) Within fifteen working days from the date of receiving complete and valid documents, the Director of the Provincial Public Security Department where the facility is located shall organize the review of the documents, operational conditions, and make a decision to issue an operating permit for drug rehabilitation. If the permit is not issued, a written response specifying the reasons must be provided."
6. Amending and supplementing Clause 3 of Article 12 as follows:
"3. Implementation procedures:
a) Voluntary drug rehabilitation facilities shall submit directly, through postal service, or via electronic means one set of application documents specified in Clause 2 of this Article to the Provincial Public Security Department where the facility is located. In cases of submitting documents via electronic means, the facility shall retain the original copies of the documents and bear legal responsibility for the accuracy and truthfulness of the documents;
b) Within ten working days from the date of receiving complete and valid documents, the Director of the Provincial Public Security Department where the facility is located shall organize the review of the documents and conditions specified in Clause 2 of this Article and make a decision to reissue an operating permit for drug rehabilitation. If the permit is not reissued, a written response specifying the reasons must be provided."
7. Amending and supplementing Clause 2, Clause 3, and Clause 4 of Article 13 as follows:
"2. Based on the nature and severity of the violation, the Director of the Provincial Public Security Department where the facility is located shall decide to suspend the operations of voluntary drug rehabilitation facilities for a period of three to six months.
3. Procedures for suspending drug rehabilitation operations:
a) Within five working days from the date of discovering violations as stipulated in Clause 1 of this Article, the Provincial Public Security Department where the facility is located shall prepare a record in accordance with Model 09 of Appendix II and consider and decide to suspend voluntary drug rehabilitation operations in accordance with Model 10 of Appendix II of this Decree;
b) The drug rehabilitation facility shall be responsible for refunding rehabilitation costs and addressing other legitimate rights and interests of the rehabilitants in accordance with the rehabilitation service contract when operations are suspended.
4. Upon expiration of the suspension period, the voluntary drug rehabilitation facility must report the results of rectifying the suspension to the Director of the Provincial Public Security Department that issued the suspension decision. The issuance of a new operating permit shall be carried out in accordance with the provisions of Article 12 of this Decree."
8. Amending and supplementing Clause 2 of Article 14 as follows:
"2. Procedures for revoking operating permits for drug rehabilitation:"
a) Within two working days from the date of occurrence, the Director of the Provincial Police where the detoxification facility is located shall examine and decide to revoke the license of the detoxification facility for the case stipulated in point a, Clause 1 of this Article;
b) Within five working days from the date of discovering the violation as prescribed in points b, c, and d, Clause 1 of this Article, the Provincial Police where the detoxification facility is located shall prepare a record according to Model No. 09 Appendix II and examine and decide to revoke the operating license of the detoxification facility according to Model No. 12 Appendix II of the Decree;
c) The Director of the Provincial Police where the detoxification facility is located shall notify the revocation of the operating license of the detoxification facility to the Department of Health, People's Committee, and Commune Police where the voluntary detoxification facility voluntarily closes its office and other relevant agencies;"
9. Amend and supplement Article 17 as follows:
"Article 17. Documents, procedures for registration and announcement of organizations and individuals meeting the conditions to provide voluntary family and community drug detoxification services
1. The documents for registering to provide voluntary family and community drug detoxification services include:
a) A document of the organization or individual requesting the announcement of meeting the conditions to provide voluntary family and community drug detoxification services according to Model No. 13 Appendix II of this Decree;
b) One copy of the decision on establishment, permission to establish, or business registration certificate (for service-providing organizations);
c) A document approving the establishment of the service-providing unit for voluntary family and community drug detoxification at the commune level People's Committee where the service-providing unit for voluntary family and community drug detoxification is located;
d) Documentation proving the provision of sufficient material and equipment conditions for service provision;
đ) One original list of staff according to Model No. 03 Appendix II, accompanied by one copy of certificates and diplomas; a brief curriculum vitae of the head or legal representative of the service-providing entity according to Model No. 04 Appendix II of this Decree;
e) Proposed service provision process for voluntary family and community drug detoxification.
"2. Implementation procedures:"
a) Organizations and individuals shall submit directly, via postal service, or through electronic means one set of documents as prescribed in Clause 1 of this Article to the Provincial Police where the organization is headquartered or where the individual resides. In cases of submitting documents through electronic means, organizations and individuals are responsible for retaining the original copies of the documents and bear legal responsibility for the accuracy and truthfulness of the documents.
b) Within ten working days from the date of receiving valid registration documents, the Director of the Provincial Police shall organize an assessment and announce organizations and individuals meeting the conditions to provide voluntary family and community drug detoxification services according to Model No. 14 Appendix II of this Decree. In cases where the conditions are not met, a written response must be provided with clear reasons.
3. The announcement of organizations and individuals meeting the conditions to provide voluntary family and community drug detoxification services must be publicly posted on the provincial police website, the commune police headquarters, and announced through mass media in the locality."
10. Amend and supplement Clause 2, Clause 3 of Article 18 as follows:
“2. Based on the nature and severity of the violation, the Director of the Provincial Police shall decide to suspend the provision of voluntary family and community drug detoxification services for a period of three to six months.
3. Suspension procedures:
a) Within five working days from the date of discovering the violation as prescribed in Clause 1 of this Article, the Commune Police shall prepare a record according to Model No. 15 Appendix II of the Decree and report to the Director of the Provincial Police. Within five working days from the date of preparing the record, the Director of the Provincial Police shall examine and decide to suspend the operation of voluntary family and community drug detoxification services according to Model No. 16 Appendix II of the Decree;
b) Organizations and individuals suspended from operations are responsible for refunding the service usage fees and resolving other legitimate rights and interests of the detoxification clients according to the service contract when the suspension occurs.”
11. Amend and supplement Article 19 as follows:
"Article 19. Conditions, documents, and procedures for re-announcement for organizations and individuals providing voluntary family and community drug detoxification services
1. Conditions for re-announcement:
a) Change of legal representative of the service-providing entity; change of service-providing location;
b) Expiration of the suspension period for voluntary family and community drug detoxification services as decided by the Director of the Provincial Police.
2. Documents for re-announcement request include:
a) A document requesting re-announcement of the organization or individual according to Model No. 13 Appendix II of the Decree;
b) Brief curriculum vitae of the legal representative of the service-providing organization according to Model No. 04 Appendix II, accompanied by certificates and diplomas or new office location of the service-providing entity for the case stipulated in point a, Clause 1 of this Article; a report on the results of rectifying the suspension of service provision for the case stipulated in point b, Clause 1 of this Article according to Model No. 17 Appendix II of the Decree.
3. Within ten working days from the date of receiving valid documents, the Director of the Provincial Police shall organize an assessment and re-announce organizations and individuals meeting the conditions to provide voluntary family and community drug detoxification services according to Model No. 14 Appendix II of the Decree. In cases where the conditions are not met, a written response must be provided with clear reasons.
4. The re-announcement of organizations and individuals meeting the conditions to provide voluntary family and community drug detoxification services must be publicly posted on the provincial police website, the commune-level People's Committee headquarters, the commune police headquarters, and announced through mass media in the locality."
12. Amend and supplement Article 20 as follows:
"Article 20. Procedures for registration and announcement for voluntary detoxification facilities and public detoxification facilities
1. Voluntary detoxification facilities and public detoxification facilities shall submit a document requesting the announcement of meeting the conditions to provide voluntary family and community drug detoxification services to the Director of the Provincial Police where the service is intended to be provided.
2. The Director of the Provincial Public Security shall implement the announcement in accordance with Clause 2 of Article 17 of this Decree.”
13. Amend and supplement Article 21 as follows:
“Article 21. Ordering and Assigning Tasks for Providing Voluntary Drug Rehabilitation Services at Home and in the Community to State-Owned Enterprises
1. Based on the demand for voluntary rehabilitation at home and in the community, functions, tasks, and actual conditions, the Provincial Public Security Director shall coordinate with relevant agencies to advise the Chairman of the People's Committee at the same level to decide on ordering and assigning tasks to state-owned enterprises within their authority to provide one or more voluntary drug rehabilitation services at home and in the community according to Model No. 18 in Appendix II of this Decree.
2. State-owned enterprises that are ordered and assigned tasks to provide voluntary drug rehabilitation services at home and in the community must meet the material and equipment facilities, personnel requirements stipulated in this Decree and current regulations on tendering, ordering, and assigning tasks to provide public products and services funded by the state budget.
3. The Chairman of the Provincial People's Committee shall allocate resources for the selected state-owned enterprises to be ordered and assigned tasks and publicly post the list of state-owned enterprises on the provincial People's Committee’s website, provincial Public Security’s website, the township People's Committee’s office, township Public Security’s office, and announce it through mass media in the locality.”
14. Amend and supplement Article 42 as follows:
“Article 42. Notification Regarding the Establishment of Files, Procedures, and Formalities for Transferring Files Requesting Mandatory Drug Rehabilitation Measures
1. After completing the establishment of files requesting mandatory drug rehabilitation measures, the agency responsible for establishing files as specified in Article 40 of this Decree shall notify in writing about the establishment of files requesting the application of mandatory drug rehabilitation measures, along with one copy of the file according to Model No. 32 in Appendix II of this Decree, to be sent to the drug user or their legal representative.
2. The notification regarding the establishment of files requesting the application of mandatory drug rehabilitation measures shall include the following main contents:
a) Name of the violator;
b) Reason for establishing the request file;
c) Rights of the person notified;
d) Time to read the file.
3. Within three working days from the date of receipt of the notification, the drug user or their legal representative has the right to read the file and record necessary contents.
4. Within one working day from the end of the reading period, the township Public Security shall check and compare the components of the request file in accordance with Article 41 of this Decree.
a) In case the file is valid, the Head of the Township Public Security shall transfer the request file to the People's Court in the area for examination and decision on applying mandatory drug rehabilitation measures;
b) In case the file is invalid, the Head of the Township Public Security shall return the file to the agency that established the file for supplementation according to Model No. 33 in Appendix II of this Decree; the supplementation period is two working days from the date of receiving the file back.
Within two working days from the date of receiving the supplemented file, the Head of the Township Public Security shall transfer the request file to the People's Court in the area for examination and decision on applying mandatory drug rehabilitation measures.
5. The request file for the People's Court in the area to examine the application of mandatory drug rehabilitation measures:
a) The request letter of the Head of the Township Public Security regarding the examination and decision on applying mandatory drug rehabilitation measures to be sent to the People's Court in the area. The letter clearly states the name of the mandatory drug rehabilitation facility where the person subject to the measure will be required to perform according to Model No. 34 in Appendix II of this Decree;
b) The request file for applying mandatory drug rehabilitation measures as stipulated in Article 41 of this Decree.
The request file must be indexed and made in two copies, the original transferred to the People's Court in the area, and the duplicate retained at the Township Public Security according to the law on archiving.
6. In case the court requests clarification of certain contents in the file, within two working days from the date of receipt of the court's request, the Head of the Township Public Security shall be responsible for responding in writing and stating the reasons.”
15. Amend and supplement Clause 1 of Article 54 as follows:
“1. Within five days from the date of receipt of the Decision on Mandatory Drug Rehabilitation Facility of the People's Court in the area, the Township Public Security Agency shall transfer the person who must execute the decision to the mandatory drug rehabilitation facility.”
16. Amend and supplement Point b of Clause 5 of Article 57 as follows:
“b) The person who must execute the decision or their parents, guardians, or legal representatives must send one set of copies of the request file for postponement or exemption from executing the decision to the Township Public Security Agency.”
17. Amend and supplement Clause 2 of Article 58 as follows:
“2. Conditions for temporarily suspending the execution of the decision:
A seriously ill person confirmed by a basic-level medical facility must be returned home for treatment. If the seriously ill person recovers and still has more than three months left to fulfill the decision, they must continue to execute the decision.”
18. Amend and supplement Article 62 as follows:
“Article 62. Expiration of Mandatory Drug Rehabilitation Period
1. At least fifteen days before the expiration of the mandatory drug rehabilitation period, the Director of the Mandatory Drug Rehabilitation Facility shall be responsible for notifying the People's Court in the area issuing the decision, the Township Public Security Agency where the file was established, family representatives (father, mother, spouse, or siblings), and legal representatives of persons aged twelve to under eighteen years old about the date when the drug rehabilitant will complete the mandatory drug rehabilitation period.
2. The Director of the Mandatory Drug Rehabilitation Facility shall issue a certificate confirming completion of the mandatory drug rehabilitation decision according to Model No. 46 in Appendix II of this Decree and send a copy to the People's Court in the area that issued the decision, the People's Committee and Township Public Security Agency where the rehabilitant resides, family representatives (father, mother, spouse, or siblings), and legal representatives of persons aged twelve to under eighteen years old.”
19. Amend and supplement Clause 1 of Article 63 as follows:
“1. The Director of the Mandatory Drug Rehabilitation Facility shall report to the Provincial Public Security Director and establish a file to propose transferring the subject to a social welfare institution located near the mandatory drug rehabilitation facility for the following subjects:
a) A person who has completed drug rehabilitation from the age of twelve to under eighteen years old whose parents are unknown, without a place of support, or whose place of residence cannot be determined;
b) A person who has completed drug rehabilitation who is sickly and unable to work, and whose place of residence cannot be determined.”
20. Amend and supplement Clause 3 of Article 64 as follows:
“3. The Director of the compulsory drug rehabilitation facility shall establish regulations on management, assessment of learning outcomes, and drug rehabilitation at the facility and organize their implementation in accordance with the guidelines of the Ministry of Public Security. The results of the assessment of persons undergoing drug rehabilitation shall serve as the basis for considering and proposing reductions in the duration or exemption from the time required to fulfill the compulsory drug rehabilitation decision.”
21. Amend and supplement Clause 3 of Article 65 as follows:
“3. The quotas prescribed in Clause 1 and Clause 2 of this Article are the minimum levels. Based on specific conditions of each locality, the provincial police shall report to the Ministry of Public Security to adjust the quotas accordingly.”
22. Amend and supplement Clause 2 of Article 67 as follows:
“2. Persons undergoing drug rehabilitation who fall ill shall be treated in the health room of the drug rehabilitation facility. In cases where the illness of a person undergoing drug rehabilitation is severe and exceeds the treatment capacity of the drug rehabilitation facility, they shall be transferred to a hospital or returned to their family for treatment. The Director of the drug rehabilitation facility must report to the provincial police and notify the parents or guardians of the person undergoing drug rehabilitation.”
23. Amend and supplement Clause 2 of Article 69 as follows:
“2. The drug rehabilitation facility shall establish visitation regulations in accordance with the guidelines of the Minister of Public Security.”
24. Amend and supplement Clause 3 of Article 71 as follows:
“3. The Director of the compulsory drug rehabilitation facility shall issue reward and disciplinary regulations for persons undergoing drug rehabilitation in accordance with the guidelines of the Ministry of Public Security.”
25. Amend and supplement Clause 3 of Article 76 as follows:
“3. Staff and workers in compulsory drug rehabilitation facilities shall be equipped with means, equipment, and uniformed tools to assist in performing drug rehabilitation and managing students according to the guidelines of the Minister of Public Security.”
26. Amend and supplement Clause 3 of Article 80 as follows:
“3. Persons who have completed drug rehabilitation may borrow capital from the National Employment Fund to create employment opportunities and are prioritized to register for public employment programs in accordance with the laws on employment support policies and the National Employment Fund. Depending on the economic and social situation of the locality, the provincial police shall coordinate with relevant agencies to advise the provincial People's Committee to utilize other credit sources to provide preferential loans to persons who have completed drug rehabilitation to develop production and create employment opportunities.”
On the basis of the economic and social situation of the locality, the provincial police shall coordinate with relevant agencies to advise the provincial People's Committee on utilizing other sources of credit to provide preferential loans to individuals after drug rehabilitation for production development and job creation.
27. Amend and supplement Article 84 as follows:
“Article 84. Responsibilities of Relevant Ministries and Agencies
1. Ministry of Public Security
a) Issue by authority or submit to competent state agencies for issuance of normative legal documents on drug rehabilitation and post-rehabilitation management. Direct local police agencies to organize the implementation of drug rehabilitation at home and in the community, voluntary drug rehabilitation facilities, and measures for compulsory drug rehabilitation;
b) Regularly urge, inspect, and audit the implementation of drug rehabilitation at home and in the community, voluntary drug rehabilitation facilities, and compulsory drug rehabilitation measures to ensure compliance with the law;
c) Establish, dissolve, and organize the operation of public drug rehabilitation facilities; guide the establishment, dissolution, and organization of private drug rehabilitation facilities; promulgate standards for building drug rehabilitation facilities; guide voluntary drug rehabilitation at home and in the community, drug rehabilitation at drug rehabilitation facilities, and post-rehabilitation management;
d) Coordinate with the Supreme People's Court, the Ministry of Health, the Ministry of Finance, the Ministry of Education and Training, and other related ministries and agencies, provincial people's committees, and organizations implementing drug rehabilitation and post-rehabilitation management;
đ) Develop a database on drug rehabilitation and post-rehabilitation management (managing persons undergoing drug rehabilitation, post-rehabilitation, compulsory drug rehabilitation facilities, voluntary drug rehabilitation facilities, and voluntary drug rehabilitation service providers); implement information technology applications in drug rehabilitation and post-rehabilitation management;
e) Implement statistical, information, and reporting systems on drug rehabilitation and post-rehabilitation management in accordance with the law;
g) Cooperate internationally in the field of drug rehabilitation and post-rehabilitation management in accordance with the law.
2. The Ministry of Health
a) Direct and guide local health agencies to implement cooperation in receiving, classifying; organizing treatment, detoxification, and treating mental disorders and other diseases in voluntary drug rehabilitation at home and in the community;
b) Research drug rehabilitation medications and methods;
c) Coordinate with the Ministry of Public Security to guide disease prevention, treatment, and regular health check-ups for persons subject to compulsory drug rehabilitation measures.
3. Ministry of Education and Training:
a) Coordinate with the Ministry of Public Security to guide the organization of teaching and learning at compulsory drug rehabilitation facilities;
b) Direct the Department of Education and Training to guide, inspect academic performance, organize exams, and issue certificates or diplomas corresponding to the curriculum for persons undergoing drug rehabilitation; implement policies of tuition fee exemptions, reductions, and financial support for persons who have completed compulsory drug rehabilitation.
4. The Ministry of Finance:
a) Coordinate with the Ministry of Public Security to compile and submit to the competent authority for allocation of central budget funds to implement compulsory drug rehabilitation measures, voluntary drug rehabilitation, and post-rehabilitation management in accordance with the State Budget Law and current guiding documents;
b) Issue and promulgate regulations and guidelines for managing and using central budget funds for compulsory drug rehabilitation measures, voluntary drug rehabilitation at home and in the community, drug rehabilitation facilities, and post-rehabilitation management.
5. The Ministry of Ethnic Affairs and Religion:
Direct the specialized agencies on religious beliefs at all levels to take the lead within their functions, coordinate with specialized agencies on drug rehabilitation and related agencies at the same level to guide and inspect organizations and individuals involved in drug rehabilitation activities in accordance with the provisions of the law.
28. Replace certain phrases as follows:
a) Replace the phrase "Head of the Labor - War Invalids and Social Affairs Department at the district level" with the phrase "Head of the Police Station at the commune level" in point a, clause 2 and clause 3, Article 53;
b) Replace the phrase "Labor - War Invalids and Social Affairs Department" with the phrase "Police Station at the commune level" in point b, clause 2, Article 53, clause 3, Article 54;
c) Replace the phrase "People's Court at the district level" with the phrase "People's Court in the area" in clause 2, Article 53, clause 3, Article 54, clause 3, Article 55, point a, clause 5, Article 57, point c, clause 5, Article 58;
d) Replace the phrase "at the district level" with the phrase "at the commune level" in clause 2, Article 54, clause 2, Article 55, clauses 1, 2 and 3, Article 56, clause 1, Article 60, clause 1, Article 85;
đ) Replace the phrase "district level or higher" with the phrase "basic level or higher" in point a, clause 1 and point a, point c, clause 3, Article 57;
e) Replace the phrase "at the district level" with the phrase "having jurisdiction" in clause 1, Article 61.
29. Repeal certain provisions as follows:
a) Repeal the phrase "police agency at the district level or" in clause 3, Article 51;
b) Repeal the phrase "at the district level," in clause 3, Article 85;
c) Repeal Article 43 and Article 83.
1. Amending and supplementing Point b, Clause 2 of Article 9 as follows:
“b) Vietnam Maritime Inspection, Vietnam Civil Aviation Inspection, Inland Waterway Port Office, Marine Port Office, Air Port Office;”
2. Amend and supplement clause 2, Article 12 as follows:
“2. Technical equipment for professional purposes may only be installed and used upon approval by the following positions:
a) The person authorized to decide on the provision of technical equipment for professional purposes;
b) Head of the professional department or equivalent position under the Traffic Police Corps, Administrative Management Corps for Public Order, Fire Prevention and Fighting Corps; Heads of professional departments under the Provincial Police (hereinafter referred to as Provincial Police) including: Traffic Police, Criminal Investigation Police for Drug Offenses, Criminal Investigation Police for Public Order Offenses, Criminal Investigation Police for Corruption, Economic and Smuggling Offenses, Administrative Management Police for Public Order, Environmental Crime Prevention and Control Police, Fire Prevention and Fighting Police, Exit and Entry Management Police, Mobile Police; Chief Inspector of the Provincial Police; Battalion Commander of the Mobile Police Battalion; Director of the Provincial Police; Chiefs of the following Corps: Traffic Police, Environmental Crime Prevention and Control, Fire Prevention and Fighting, Criminal Investigation for Drug Offenses, Criminal Investigation for Public Order Offenses, Criminal Investigation for Corruption, Economic and Smuggling Offenses, Administrative Management for Public Order, Exit and Entry Management; Commander of the Mobile Police; Chief Inspector of the Ministry of Public Security;
c) Directors of Port Offices: Inland Waterways, Marine, Air; Director of Construction Departments; Chiefs of the following Corps: National Highway, Railway, Marine and Inland Waterways, Civil Aviation;
d) Director of the Department of Agriculture and Environment; Chiefs of the following District Forest Protection Services: Forest Protection, Forest Protection Region, Fishery Protection Region; Chiefs of the following Corps: Forestry and Forest Protection, Fisheries and Fishery Protection, Environment;
đ) Team Leader of Special Task Force against Drugs and Crimes under the Anti-Drug and Crime Prevention Corps of the Border Guard Command; Commander of the Border Guard Brigade under the Military Command of the Province; Commander of the Border Guard Flotilla; Chief of the Anti-Drug and Crime Prevention Corps of the Border Guard Command; Commander of the Border Guard; Commander of the Coast Guard Flotilla; Team Leader of the Reconnaissance Team, Team Leader of the Special Task Force against Drug Crimes under the Coast Guard Command of Vietnam; Commander of the Coast Guard Zone; Chief of the Operations and Law Corps of the Coast Guard Command of Vietnam; Commander of the Coast Guard of Vietnam;
e) Director of the Health Department; Chief of the Disease Prevention Corps;
g) Chief of the Customs Regional Corps; Chief of the Anti-Smuggling Investigation Corps, Post-Clearance Inspection Corps, Provincial Customs Corps, Inter-Provincial Customs Corps, Central City Customs Corps; Chief of the General Customs Corps;
h) Head of Market Supervision Teams; Chiefs of the following Corps: Market Supervision Operations, Industrial Safety and Environmental Technology, Provincial Market Supervision, Inter-Provincial Market Supervision, Central City Market Supervision; Director of the Domestic Market Management and Development Corporation;
i) Director of the Civil Service Department;
k) Director of the Education and Training Department;
l) Director of the Science and Technology Department; Chairman of the National Standardization, Metrology and Quality Control Committee.”
3. Amend and supplement clause 2, Article 15 as follows:
“2. In cases where organizations or individuals violating traffic regulations are detected by technical equipment for professional purposes in one locality but have their headquarters or residence in another locality and cannot directly visit the office of the agency or unit that discovered the violation to resolve the traffic regulation violation case, the authority currently handling the case shall transfer the results to the authority responsible for administrative penalty at the agency or unit where the organization or individual has its headquarters or residence or where the organization or individual committed the violation and requested resolution (when there are sufficient infrastructure and technical conditions), to continue processing the case according to the provisions of points b, c and d, clause 1 of this Article.”
4. Amend and supplement point a, clause 3, point a, clause 4, point c, clause 5, point c, clause 6, Article 18 as follows:
a) Amendments and supplements to Point a Clause 3 as follows:
“a) Vietnam Maritime Inspection, Marine Port Office;”
b) Amend and supplement Point a of Clause 4 as follows:
“a) Vietnam Civil Aviation Inspection;”
c) Amend and supplement Point c Clause 5 as follows:
"c) Vietnam Maritime Inspection Authority, Inland Waterway Port Office, Marine Port Office;"
d) Amend and supplement Point c Clause 6 as follows:
"c) Vietnam Maritime Inspection Authority, Marine Port Office;"
5. Repeal certain phrases, Points and Clauses as follows:
a) Delete the phrase “, Agricultural and Rural Development Inspectorate” at Point d Clause 2 Article 9, Point g Clause 5 and Point b Clause 9 Article 18;
b) Repeal Point c, Point h, Point i, Point k, Point l, Point m Clause 2 Article 9; Point b Clause 1, Point b Clause 2, Point b Clause 5, Point b Clause 6, Point d Clause 7, Point b, Point d, Point g, Point h Clause 8, Point a Clause 9 Article 18.
Article 22. Amend and supplement some Articles of Decree No. 93/2022/NĐ-CP dated November 7, 2022 of the Government on management and ensuring security and public order at air cargo ports.
1. Amend and supplement Clause 1, Clause 3 Article 7 as follows:
a) Amend and supplement Clause 1 as follows:
“1. Civil servants, employees of specialized state management agencies, aircraft operators, enterprises operating airports, airlines, service providers in the quarantine area for entry and exit, employees conducting surveys, construction, repair, maintenance of facilities and equipment at airports must have an aviation security control card, a security supervisor card, or a border guard identification number with duties in the quarantine area for entry and exit. The border guard force is responsible for monitoring, inspecting, and controlling to prevent, detect, and promptly handle violations of laws on security and social public order by persons entering, exiting, or operating in the quarantine area according to the provisions of the law.”
b) Amend and supplement Clause 3 as follows:
“3. Persons not falling within the categories specified in Clause 1 and Clause 2 of this Article shall not enter the quarantine area for entry and exit. In cases serving humanitarian purposes or foreign affairs of the Party and State or other special cases, persons entering, exiting, or operating in the quarantine area for entry and exit must have an aviation security control card and must obtain the consent of the Head of the Border Guard Force, and comply with the guidance, supervision, and management of the Border Guard Force.”
2. Amend and supplement Clause 1, Clause 2 Article 11 as follows:
“1. Take the lead and coordinate with relevant ministries, sectors, People's Committees of provinces and centrally-run cities with air cargo ports to implement measures to ensure aviation security and public order at air cargo ports.
2. Direct the Border Guard Force to take the lead and coordinate with relevant agencies and organizations to ensure security and public order in the air cargo port area; carry out inspection and control of entry and exit; aviation security; take the lead and coordinate with relevant agencies and units in determining the scope of areas at air cargo ports; strictly manage the quarantine area for entry and exit.”
3. Amend and supplement the name of Article 12 as follows:"Article 12. Responsibilities of the Ministry of Construction"
4. Amend and supplement Clause 1 Article 12 as follows:
“1. Take the lead and coordinate with the Ministry of Public Security and relevant ministries, sectors, People's Committees of provinces and centrally-run cities to guide and organize the implementation of measures to ensure civil aviation safety in the air cargo port area.”
5. Repeal Point b, c Clause 3 Article 6.
Article 23. Amend and supplement some provisions of Decree No. 09/2023/NĐ-CP dated March 13, 2023, of the Government detailing the implementation of Resolution No. 54/2022/QH15 dated June 16, 2022, of the National Assembly on piloting the model of organizing labor, vocational guidance, and training for prisoners outside detention centers.
1. Amend and supplement Clause 1 of Article 2 as follows:
“1. The criminal enforcement agencies under the Ministry of Public Security, the detention centers under the Ministry of Public Security shall be piloted; the officers and soldiers of the criminal enforcement agencies under the Ministry of Public Security and the detention centers shall be piloted; the provincial People's Procuracy where there is a detention center shall implement the pilot; the People's Committee of the commune where there is a labor, vocational guidance, and training area for prisoners outside detention centers; organizations cooperate with the detention centers.”
2. Amend and supplement Point c Clause 2, Clause 4 Article 5 as follows:
“c) A Level 3 budget unit is a Bureau-level unit or equivalent directly under the Ministry of Public Security shall appoint a department-level leader responsible for financial and accounting functions to appoint an accounting manager; for a Level 3 budget unit that is a department-level unit or equivalent, if the organizational structure includes a team-level unit directly subordinate with at least 20 officers performing financial, accounting, logistics, or political-logistics functions, then a team-level commander should be appointed to appoint an accounting manager.”
“c) After receiving the document agreeing to the cooperation proposal from the criminal enforcement agency under the Ministry of Public Security, the detention center shall notify the organization proposing cooperation to coordinate with the detention center to prepare the design construction dossier for the Labor, Vocational Guidance, and Training Area outside the detention center and proceed with constructing the project components according to regulations.”
b) Amend and supplement Clause 4 as follows:
“4. Organizing labor, vocational guidance, and training for prisoners outside detention centers
a) Based on the Decision establishing the labor, vocational guidance, and training area outside the detention center by the criminal enforcement agency under the Ministry of Public Security, the detention center shall conclude a cooperation contract with the organization according to Model 04-HĐ and arrange and deploy the number of officers, soldiers, and prisoners to organize labor, vocational guidance, and training for prisoners. At the same time, send notification to the provincial People's Procuracy where the detention center implements the pilot and the People's Committee of the commune where there is a labor, vocational guidance, and training area for prisoners outside the detention center for supervision, coordination when required.
b) The warden of the detention center shall base on the specific conditions of the detention center and the ability to cooperate with the organization to plan the organization of labor, vocational guidance, and training for prisoners outside the detention center, compile it into the annual labor and vocational training organization plan of the detention center and submit it to the criminal enforcement agency under the Ministry of Public Security for review and approval.”
3. Amend and supplement Clause 6, Clause 7 Article 10 as follows:
“6. Notify the provincial People's Procuracy where the detention center implements the pilot, the People's Committee of the commune where there is a labor, vocational guidance, and training area for prisoners outside the detention center for supervision, inspection, monitoring, coordination when required.
7. Establish a bookkeeping system to monitor and account for the results of income and expenditure from the labor, vocational guidance, and training activities of prisoners outside the detention center, allocate and manage the funds collected according to regulations.”
4. Amend and supplement Clause 3 Article 12 as follows:
“3. The People's Committee of the commune where there is a labor, vocational guidance, and training area for prisoners shall be responsible for coordinating with the detention center to maintain security and order in the surrounding areas of the labor, vocational guidance, and training area; prevent and address incidents related to natural disasters, epidemics, environmental hygiene, fire prevention; coordinate in handling cases of law violations related to prisoners; coordinate in resolving work-related accidents or incidents involving prisoners violating the Internal Regulations of the prisoner detention facility within their authority.”
Article 24. Amend and supplement some articles of Decree No. 40/2024/NĐ-CP dated April 16, 2024, of the Government detailing certain provisions of the Law on Forces Participating in Security and Order Protection at the Grassroots Level.
3. Amending and supplementing Clause 5 of Article 4 as follows:
"2. Establish plans for equipping and purchasing means and equipment for forces participating in security and order protection at the grassroots level:
a) In cases where the Ministry of Public Security equips means and equipment for forces participating in security and order protection at the grassroots level with central budget funds according to Clause 1, Article 25 of the Law on Forces Participating in Security and Order Protection at the Grassroots Level: Annually, the police station at the commune level shall compile the needs for means and equipment required for forces participating in security and order protection at the grassroots level and report to the provincial-level police department to aggregate, prepare the budget estimate, and report to the Ministry of Public Security for consideration and decision on procurement and equipping in accordance with the state budget allocated to the Ministry of Public Security;
b) In cases where local budgets support funding for the procurement of means and equipment for forces participating in security and order protection at the grassroots level according to point a, Clause 1, Article 26 of the Law on Forces Participating in Security and Order Protection at the Grassroots Level: Based on the list of means and equipment specified in Clause 1 of this Article, the police station at the commune level shall compile the needs for means and equipment required for equipping and submit to the People's Committee at the same level to report to the provincial-level People's Committee to have a plan to support procurement and equipping of means and equipment for forces participating in security and order protection at the grassroots level in accordance with regulations, commensurate with the local budget capacity."
2. Amend and supplement Clause 5 of Article 5 as follows:
"5. Procedures for handling:
a) The person requesting support for sickness benefits, accident benefits, or injury benefits, or their lawful representative shall prepare one set of documents as stipulated in Clause 4 of this Article and submit them to the People's Committee at the commune level through one of the following methods: Direct submission; via postal service; hiring services from enterprises or individuals; online submission through the National Public Service Portal or the Provincial Administrative Procedure Information System;
b) The People's Committee at the commune level shall be responsible for receiving and examining the documents. In cases where the documents are not complete, they must immediately provide guidance to complete them. Within two working days from the date of receipt of complete and valid documents, they must immediately provide guidance to complete them;
c) The People's Committee at the commune level shall be responsible for assigning subordinate agencies to review the documents within five working days from the date of receipt of complete and valid documents. If the documents do not meet the conditions for processing, the reviewing agency must issue a written response stating the reasons;
d) Within two working days from the date the reviewing agency reports that the documents meet the conditions for processing, the Chairman of the People's Committee at the commune level shall issue a decision to disburse and organize the payment of financial support for medical examination and treatment to persons suffering from illness, accidents, or injuries. Payment shall be made through bank transfer, postal service, or direct collection at the disbursing agency."
3. Amend and supplement Clause 5 of Article 6 as follows:
"5. Procedures for handling:
a) The person requesting benefits or their lawful representative shall prepare one set of documents as stipulated in Clause 4 of this Article and submit them to the People's Committee at the commune level through one of the methods prescribed in point a, Clause 5 of this Decree;
b) The People's Committee at the commune level shall implement the procedures prescribed in points b and c, Clause 5 of this Decree to disburse allowances to persons injured in accidents and relatives of deceased persons;
c) Within three working days from the date of receipt of complete and valid documents, the Chairman of the People's Committee at the commune level shall issue a decision to disburse allowances and organize the disbursement of allowances to persons injured in accidents and relatives of deceased persons; payment shall be made through bank transfer, postal service, or direct collection at the disbursing agency."
4. Repeal the phrase "People's Committee of the district," and the phrase "(in cases where there is no commune-level administrative unit, only the name of the People's Committee of the district shall be recorded in the first line)" in Appendix II.
5. Replace the phrase "Specifically record the name of the People's Committee of the district" with the phrase "Specifically record the name of the People's Committee of the commune" in Appendix III and Appendix IV.
Article 25. Amend and supplement some articles of Decree No. 118/2024/NĐ-CP dated September 30, 2024, of the Government detailing the implementation of certain provisions of the Criminal Execution Law.
1. Amend and supplement Clause 2, Clause 5 of Article 9 as follows:
a) Amend and supplement Clause 2 as follows:
“2. Prisoners when arriving at detention facilities, if they are sick or injured, shall be examined and treated at the medical facility within the detention facility. In cases where prisoners suffer from serious illnesses or injuries that exceed the treatment capacity of the medical facility within the detention facility, the head of the detention facility shall decide to transfer them to another medical examination and treatment facility on the same administrative unit's territory suitable for their condition to receive treatment, and inform the prisoner’s relatives or their legally authorized representatives so that they may cooperate in caring for and treating the prisoner. If the treatment capacity of the medical examination and treatment facility is exceeded, the head of the detention facility shall consider and decide on further treatment based on the designation of the head of the medical examination and treatment facility, and report to the criminal execution management agency under the Ministry of Public Security (for prisons managed by the Ministry of Public Security), the criminal execution agency of the provincial public security department (for temporary detention centers managed by the provincial public security department), the Military Police Investigation Department under the Ministry of National Defense (for prisons managed by the Ministry of National Defense), the criminal execution agency of the military region (for prisons managed by the military region). The diet, medication distribution, and supplementary care for prisoners receiving treatment at medical examination and treatment facilities outside the detention facility shall be provided according to the designation of the medical examination and treatment facility.”
b) Amend and supplement Clause 5 as follows:
“5. For prisoners showing signs of mental illness or other diseases that impair their ability to recognize or control their behavior, while awaiting the decision of the People's Court of the locality or the Military Court of the military region where the prisoner is serving their sentence to request a forensic psychiatric evaluation, the head of the detention facility shall coordinate with state mental health medical facilities or military hospitals in the area where the unit is stationed to organize examinations and treatments in accordance with the law.”
2. Amend and supplement Clause 3 of Article 18 as follows:
“3. Each sub-prison within a prison shall establish a Sub-committee for Classification of Sentence Enforcement for prisoners to convene meetings to classify monthly, quarterly, six-monthly, and annually for prisoners; prisons shall establish a Committee for Classification of Sentence Enforcement to convene meetings to classify quarterly, six-monthly, and annually for prisoners. Temporary detention centers shall establish a Committee for Classification of Sentence Enforcement to convene meetings to classify monthly, quarterly, six-monthly, and annually for prisoners. Prisoners who have performed meritorious acts shall be considered for upgrading their classification of sentence enforcement. In cases where prisoners appeal against their classification, the head of the detention facility must provide a written response to the prisoner within five working days from the date of receipt of the appeal.”
3. Amend and supplement Clause 1, Point c of Clause 2 of Article 22 as follows:
a) Amend and supplement Clause 1 as follows:
“1. Prisoners classified as average shall fall under one of the following circumstances: Not falling under the criteria for good or satisfactory classification as stipulated in Articles 20 and 21 of this Decree; prisoners whose temporary suspension of sentence enforcement, those sentenced to imprisonment but granted bail or those whose sentence enforcement was postponed but did not appear at the provincial public security criminal enforcement agency or the military region criminal enforcement agency upon expiration of the period to serve their sentence and were escorted to enforce the sentence; prisoners who have been disciplined or isolated due to frequent violations of the detention facility's internal regulations and have shown progress in reform (if they have already shown progress in reform but still fall under one of the remaining circumstances specified in Article 23 of this Decree, they must still be classified as poor).”
b) Amend and supplement Point c Clause 2 as follows:
“c) Quarterly classification
Prisoners shall be classified as average if they fall under one of the following circumstances: Having three months classified as average; having the first month classified as poor, two final months of the quarter classified as average or better (without any week in the last two months being assessed as poor); prisoners who have just completed the time required for classification for two months and both months are classified as average or better; prisoners whose temporary suspension of sentence enforcement, those sentenced to imprisonment but granted bail or those whose sentence enforcement was postponed but did not appear at the provincial public security criminal enforcement agency or the military region criminal enforcement agency upon expiration of the period to serve their sentence and were escorted to enforce the sentence, then in the first quarter after arriving at the detention facility to serve their sentence, they shall be classified as average.”
4. Amend and supplement Clause 1 of Article 25 as follows:
“1. Prisoners released for investigative, prosecutorial, or trial purposes (who are not suspects or defendants), if they have basically fulfilled all the standards prescribed in Article 19 of this Decree, shall be classified monthly by the temporary detention center or the military region criminal enforcement agency responsible for receiving the released prisoner according to the provisions of this Decree, and send the classification results to the detention facility that transferred the prisoner for record-keeping. If the release period has ended before the next monthly classification, the temporary detention center or the military region criminal enforcement agency shall assess and evaluate the prisoner's classification during the release period and send it to the detention facility that transferred the prisoner as a basis for considering and classifying the prisoner according to the provisions of this Decree. The classification result or assessment and evaluation of the temporary detention center or the military region criminal enforcement agency shall be continuously counted towards the time served in the detention facility.”
5. Amend and supplement Clause 1 of Article 31 as follows:
“1. Provincial People's Committees:
a) Direct and assign local authorities, agencies, departments, social organizations, mass organizations, and individuals under their management to cooperate with detention facilities in managing, educating, reforming, motivating, teaching skills, providing job placement support, loan assistance, improving material and spiritual living conditions, and helping prisoners prepare to reintegrate into society after completing their sentences.”
b) Organize communication, propaganda, education on policies and laws, eliminate discrimination and unfair treatment towards prisoners; disseminate experiences and exemplary models in education and assistance for individuals who have completed their sentences to reintegrate into society;
c) Annually allocate the budget according to the provisions of the law for subordinate agencies and units and People's Committees at the commune level to serve the coordination work with detention facilities in the education and reform of prisoners and individuals who have completed their sentences residing in the locality.”
6. Amend and supplement Clause 2, Clause 4, Clause 6 of Article 32 as follows:
a) Amend and supplement Clause 2 as follows:
“2. The specialized agency on culture and sports at the provincial level shall be responsible for coordinating with detention facilities to organize activities to improve cultural and spiritual life, cultivate personality, morality, civilized lifestyle, communication, and cultural behavior among prisoners:
a) Cultural and artistic performance programs, film screenings, exhibitions;
b) Coordinate to organize library activities, donate and circulate books and cultural products for prisoner libraries;
c) Coordinate to organize exchange, competition, cultural, artistic, physical exercise, and entertainment activities for prisoners; support cultural, artistic, physical exercise, and entertainment equipment for prisoners;
d) Organize propaganda, promotion, and dissemination of information, policies, and laws to prisoners;
đ) Train professional knowledge and skills in cultural, artistic, physical exercise, and library activities for staff and soldiers at detention facilities.”
b) Amend and supplement Clause 4 as follows:
“4. The Department of Education and Training, the Department of Health; the Culture and Social Affairs Office shall coordinate with detention facilities in organizing vocational guidance, skill training, certification issuance for prisoners, and receiving social welfare beneficiaries into welfare centers as prescribed.”
c) Amending and supplementing Clause 6 as follows:
“6. The Ministry of Public Security, the Ministry of National Defense shall coordinate with the Ministry of Health, the Ministry of Culture, Sports and Tourism, the Ministry of Justice, and the Ministry of Home Affairs to guide and direct the organization of education, dissemination, and propaganda about Party guidelines, policies, State laws, legal procedures support; cultural, artistic, physical exercise, library, film, exhibition, entertainment activities, professional training, cultural, artistic, physical exercise activities, healthcare services, and labor organization, vocational guidance, and skill training for prisoners.”
7. Repeal Clause 2 of Article 31.
Article 26. Amend and supplement some articles of Decree No. 142/2024/NĐ-CP dated October 30, 2024 of the Government on the management of evidence storage and documents, items
1. Amending and supplementing Point c Clause 1 Article 6 as follows:
“c) Evidence storage and document, item areas under the Provincial Police.”
2. Amend and supplement Point a, Point b of Clause 1 of Article 8 as follows:
“a) Evidence storage and document, item areas of civil enforcement agencies at the provincial level;
b) Evidence storage and document, item areas of civil enforcement agencies at the provincial level organized at regional Civil Enforcement Offices.”
3. Amend and supplement Point g of Clause 2 of Article 15 as follows:
“g) Toxic substances that are appraised, sealed, and stored at specialized management facilities under the Health, Defense, Public Security, Commerce, Agriculture, and Environment sectors;”
4. Amend and supplement Clause 4 of Article 18 as follows:
“4. Direct civil enforcement agencies at the provincial level to comply with the legal regulations on the management of evidence storage and document, item areas of civil enforcement agencies.”
5. Amend and supplement the name of Article 19 as follows:“Article 19. Responsibilities of the Ministry of Agriculture and Environment.”
6. Supplement Clause 4 after Clause 3 of Article 20 as follows:
“4. Take the lead in compiling and reporting to the competent authority to allocate medium-term investment capital, annually build the system of evidence storage and document, item areas; preserve evidence, documents, and items in accordance with the Law on Public Investment and related laws.”
7. Repeal Article 21.
Article 27. Amending and supplementing some articles of Decree No. 151/2024/NĐ-CP dated November 15, 2024 of the Government detailing certain provisions and measures to implement the Law on Road Traffic Order and Safety
1. Amending and supplementing Article 7 as follows:"Article 7. The Ministry of Education and Training's responsibilities in building, integrating, embedding, organizing teaching activities on traffic law knowledge and managing compliance with traffic law regarding road traffic order and safety at preschool education facilities, general education facilities, vocational education facilities."
2. Amending and supplementing Clause 2 Article 7 as follows:
"2. The Ministry of Education and Training shall organize teaching activities on traffic law knowledge for preschool children, primary school students, junior high school students, senior high school students, and vocational education facilities; incorporating compliance with traffic law as one of the criteria for assessing and classifying student conduct records."
3. Amending and supplementing Point a and Point b of Clause 3, Article 10 as follows:
"a) The Ministry of Public Security shall be responsible for building and managing the following databases: Database on registration and management of motor vehicles, special-purpose motorcycles (excluding military vehicles); Database on administrative violation handling related to road traffic order and safety; Database on road traffic accidents; Database on vehicle travel routes and driver images (excluding military vehicles); Database on driver working hours (excluding military vehicles); Database on inspection of motor vehicles in the People's Public Security; Database on driving license examination and issuance; Database on traffic law knowledge training certificates in the People's Public Security;"
"b) The Ministry of Construction shall be responsible for building and managing the following databases: Database on inspection of motor vehicles, special-purpose motorcycles (excluding military vehicles, public security vehicles); Database on driver training and traffic law knowledge training certificates (excluding data on driver training and traffic law knowledge training certificates of the armed forces and public security)."
4. Amend and supplement Clause 2 of Article 12 as follows:
"2. Information specified in Clause 6, Article 11 of this Decree shall be collected from:"
"a) Database on driver training and traffic law knowledge training certificates managed by the Ministry of Construction;"
"b) Database on driving license examination;"
"c) Databases specified in Point a and Point d, Clause 1 of this Article."
5. Amending and supplementing Clause 2, Article 27 as follows:
"2. Information and data collected from monitoring devices installed on commercial transport vehicles, tractor-trailers, ambulances, and road traffic rescue vehicles for ensuring national security, traffic order and safety, and handling violations, managing state administration over road transport, and connected and shared with the Ministry of Construction (Vietnam Highway Administration), municipal construction departments of provinces and centrally-administered cities, and relevant agencies according to the law."
6. Replacing some phrases as follows:
"a) Replacing the phrase “Ministry of Transport” with the phrase “Ministry of Construction” in Point g, Clause 8, Article 11; Point b, Clause 1, Article 12; Point a, Clause 3; Point b, Clause 4, Article 33; Point d, Clause 1; Point b, Clause 2; Clauses 5 and 6, Article 36;"
"b) Replacing the phrase “Minister of Transport” with the phrase “Minister of Construction” in Clause 1, Article 25;"
7. Abolishing some provisions as follows:
"a) Abolishing the phrase “, Ministry of Labor, Invalids and Social Affairs” in Clause 1, Article 6;"
"b) Abolishing Clause 3, Article 6 and Article 8."
Article 28. Effective Date
1. This Decree takes effect from July 1, 2025.
2. Article 2 of this Decree shall cease to be effective from March 1, 2027 except in the following cases:
"a) The Ministry of Public Security reports to the Government to propose and obtain the National Assembly's decision to extend the application period of this Article;"
"b) If a Law stipulating the authority provided for in Article 2 of this Decree is passed from July 1, 2025 and becomes effective before March 1, 2027, then the corresponding provision in this Decree shall cease to be effective upon the Law coming into effect."
3. During the time these provisions of this Decree are effective, if the authority provisions in this Decree differ from those in related legal documents, they shall be implemented according to the provisions of this Decree.
4. Ministries, central agencies, People's Committees, and Provincial People's Councils shall be responsible for implementing this Decree.
PRIME MINISTER
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