Decree No. 189/2025/NĐ-CP detailing the Law on Administrative Sanctions regarding the authority to impose administrative sanctions

DECREE

Detailed regulations on the Law on Handling Administrative Violations

regarding the authority to impose administrative penalties

^____________

     On the basis of the Law on Government Organization dated February 18, 2025;

     On the basis of the Law on Handling Administrative Violations dated June 20, 2012; Law amending and supplementing some articles of the Law on Handling Administrative Violations dated November 13 2020; the Law amending and supplementing some articles of the Law on Handling Administrative Violations dated June 25

2025; the Law on Inspection dated June 25, 2025;

     At the proposal of the Minister of Justice;

     The Government promulgates this Decree detailing the Law on Handling Administrative Violations concerning the authority to impose administrative penalties. 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details the positions with the authority to impose administrative penalties; the authority to apply forms of administrative penalties and measures to remedy consequences for each position as provided for in Clause 2, Article 37a of the Law on Handling Administrative Violations 2012 amended and supplemented in 2020 and 2025 (hereinafter referred to as the Law on Handling Administrative Violations).

Article 2. Applicability

1. State management agencies, Heads of state management agencies having the authority to impose administrative penalties.

2. Persons having the authority to impose administrative penalties.

3. Agencies, organizations, and individuals related to the imposition of administrative penalties.

Article 3. Regulations on the authority to impose administrative penalties in various fields of state management

1. Based on the provisions on the authority to impose administrative penalties of the positions stipulated in this Decree, decrees regulating administrative penalties in various fields of state management shall specifically stipulate the positions with the authority to impose penalties; specific fine amounts for each position; the authority to apply forms of penalties; the authority to apply measures to remedy consequences for acts of administrative violations.

2. The determination of positions with the authority to impose administrative penalties and the authority to apply forms of penalties and measures to remedy consequences for each position must be based on the functions, tasks, and powers of management in sectors, fields, and areas.

Article 4. Determination of the authority to impose penalties and temporary detention of evidence and means of transportation involved in administrative violations in certain cases

1. In cases where an administrative violation case is being handled and resolved by a person with the authority belonging to a central agency organized according to a vertical system located at the local level but must be transferred to a person with the authority to impose penalties, the transfer of the file may be specifically provided for in the decrees regulating administrative penalties in each field of state management. If not specified in those decrees, it shall be carried out in the following order:

a) A person with the authority to impose administrative penalties belonging to a central agency organized according to a vertical system at the local level;

b) The highest person with the authority to impose administrative penalties within the sector or field of management or the Chairman of the People's Committee at the level with the authority to impose penalties where the violation occurred. For cases involving actions under point c, Clause 4, Article 52 of the Law on Handling Administrative Violations or cases involving evidence and means of transportation involved in administrative violations that are immovable property, aircraft, ships, fishing boats, inland waterway vessels, bulky goods, difficult to transport, or high transportation costs, the authority to impose penalties belongs to the Chairman of the People's Committee at the level with the authority to impose penalties where the violation occurred.

2. In cases where an administrative violation involves multiple actions in different fields of state management, including actions not within the authority to impose penalties of the Chairman of the People's Committee, the following shall be implemented:

a) For actions within the authority to impose penalties of the Chairman of the People's Committee, they shall be determined according to the provisions of point c, Clause 4, Article 52 of the Law on Handling Administrative Violations;

b) For actions not within the authority to impose penalties of the Chairman of the People's Committee, they shall be determined according to the provisions of points a and b, Clause 4, Article 52 of the Law on Handling Administrative Violations.

3. The authority to impose penalties in cases where the form of penalty is confiscation of prohibited items or goods is determined according to the following principle:

a) If the person currently handling the case within the sector or field managed as stipulated in Articles 7, 8, 9, 10, 11, 12, 13, 14, 15, and 17 of this Decree has the authority to confiscate evidence and means of transportation involved in administrative violations dependent on the authority to impose fines, then the violation case must be transferred to a person with the authority to impose penalties in that sector or field who has the authority to confiscate regardless of the value of the evidence and means of transportation involved in administrative violations;

b) If the person currently handling the case does not fall under the circumstances stipulated in point a of this clause, then the violation case must be transferred to the Chairman of the People's Committee at the level with the authority to impose penalties where the violation occurred;

c) If the person currently handling the case has grounds to determine that the value of the evidence and means of transportation involved in administrative violations is prohibited from storage or circulation, then the authority to impose penalties shall be determined according to the provisions of the decree regulating administrative penalties in each field of state management.

4. The authority to decide on the temporary detention of prohibited items or goods involved in administrative violations is implemented according to the provisions of Clause 3, Article 125 of the Law on Handling Administrative Violations.

Chapter II

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

AND APPLY MEASURES TO REMEDY CONSEQUENCES

Article 5. Authority of the Chairman of the People's Committee

1. The Chairman of the People's Committee of communes, wards, special administrative-economic zones (hereinafter referred to collectively as commune level) shall have the authority:

a) To issue warnings;

b) To impose fines up to 50% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply measures to remedy consequences as prescribed in Clause 1, Article 28 of the Law on Handling Administrative Violations;

2. The Chairman of the People's Committee of provinces, centrally-run cities (hereinafter referred to collectively as provincial level) shall have the authority:

a) To issue warnings;

b) To impose fines up to the maximum amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

Article 6. Authority of Heads of State Management Agencies by Specialized Fields and Certain Positions

1. The Director of the Livestock and Animal Health Sub-department under the Livestock and Animal Health Department; the Director of the Plant Quarantine Sub-department under the Crop Production and Plant Protection Department; the Director of the Quality, Processing and Market Development Sub-department in Central Region, the Director of the Quality, Processing and Market Development Sub-department in Southern Region under the Quality, Processing and Market Development Department; the Director of the Standardization, Measurement and Quality Control Sub-department under the Science and Technology Department; the Director of the Sub-department for crop production, plant protection, livestock breeding, animal health, quality management of forestry, fishery products, water resources, dike management, disaster prevention and control under the Agriculture and Environment Department; the Director of the Food Safety Sub-department, the Director of the Sub-department for population and children affairs under the Health Department; the Head of the Road Administration Agency in the region under the Vietnam Road Administration; the Director of the Provincial Statistics Sub-department under the General Statistics Office; the Director of the Frequency Management Center in the region; the Director of the Treasury in the region; the Director of Social Insurance in the region; the Director of the Northern Maritime and Inland Waterway Sub-department, the Director of the Southern Maritime and Inland Waterway Sub-department shall have the authority:

a) To issue warnings;

b) To impose fines up to 50% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

2. The Director of the Department shall have the authority:

a) To issue warnings;

b) To impose fines up to 80% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

3. The Director of the Judicial Support Department; the Director of the Administrative Justice Department; the Director of the Vietnam Road Administration; the Director of the Vietnam Maritime and Inland Waterway Administration; the Director of the Vietnam Civil Aviation Administration; the Director of the Vietnam Railways Administration; the Director of the Vietnam Vehicle Inspection Administration; the Director of the Crop Production and Plant Protection Department; the Director of the Livestock and Animal Health Department; the Director of the Water Resources Project Management and Construction Department; the Director of the Dike Management and Disaster Prevention and Control Department; the Director of the Quality, Processing and Market Development Department; the Director of the Land Management Department; the Director of the Water Resources Management Department; the Director of the Vietnam Geological and Mineral Resources Department; the Director of the Environment Department; the Director of the Meteorology and Hydrology Department; the Director of the Nature Conservation and Biodiversity Department; the Director of the Radiation and Nuclear Safety Department; the Director of the Intellectual Property Department; the Director of the Radio Frequency Management Department; the Director of the Telecommunications Department; the Chairman of the National Standardization, Measurement and Quality Control Committee; the Director of the Public Asset Management Department; the Director of the Accounting and Audit Supervision Department; the Director of the Tax, Fee and Stamp Duty Policy Supervision Department; the Director of the Insurance Supervision Department; the Chairman of the Securities Commission; the Director of the Price Management Department; the Director of the General Statistics Office; the Director of the National Treasury; the Director of the Vietnam Social Security; the Director of the Vocational Education and Continuing Education Department; the Director of the Medical Examination and Treatment Management Department; the Director of the Pharmaceutical Management Department; the Director of the Food Safety Management Department; the Director of the Population Department; the Director of the Disease Prevention Department; the Director of the Industry Department; the Director of the Power Department; the Director of the Chemical Department; the Director of the Industrial Safety and Environmental Technology Department; the Director of the E-commerce and Digital Economy Department; the Chairman of the National Competition Commission; the Director of the Press Department; the Director of the Broadcasting, Television and Electronic Information Department; the Director of the Publishing, Printing and Distribution Department; the Director of the Overseas Labor Management Department; the Director of the Employment Department; the Chief of the Government Cryptographic Service Bureau; the Chief of the Government Religious Affairs Bureau; the Head of organizations under ministries and ministerial-level agencies assigned to perform inspection tasks within the scope of state management of ministries and ministerial-level agencies shall have the authority:

a) To issue warnings;

b) To impose fines up to the maximum amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

4. The Head of the inspection team established by the Head of the organization under the ministry or ministerial-level agency performing state management tasks of the ministry or ministerial-level agency shall have the authority to impose penalties as provided for in Clause 2 of this Article.

The Head of the inspection team established by the Minister or the Head of the ministerial-level agency shall have the authority to impose penalties as provided for in Clause 3 of this Article.

Article 7. Inspection Authority

1. Inspectors of Ministries, agencies at the ministerial level: Ministry of National Defense, Ministry of Public Security, State Bank of Vietnam; Inspectors of the Government Administrative Technical Services Board, Radiation and Nuclear Safety Agency, Vietnam Maritime and Inland Waterways Administration, Vietnam Civil Aviation Administration, Securities Commission have the authority to:

a) To issue warnings;

b) Impose fines up to 10% of the maximum fine amount for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations;

c) Confiscate contraband items, means of administrative violation with a value not exceeding two times the fine amount prescribed in point b clause of this Article.

2. Heads of inspection teams of the agencies: Radiation and Nuclear Safety Agency, Vietnam Maritime and Inland Waterways Administration, Vietnam Civil Aviation Administration, Securities Commission, Regional State Bank, Prison Management Police Corps, Compulsory Education Facility Management Police Corps, Juvenile Correction School Management Police Corps, Fire Prevention, Firefighting and Rescue Police Corps, Provincial Public Security Departments, Government Administrative Technical Services Board; Heads of inspection teams of military regions, Hanoi Capital Command have the authority to:

a) To issue warnings;

b) To impose fines up to 50% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To confiscate objects and means of administrative violations;

d) To apply measures to remedy consequences as stipulated in Clause 1, Article 28 of the Law on Handling Administrative Violations;

3. Chief Inspector of Administrative Technical Services; Chief Inspector of Radiation and Nuclear Safety Agency; Chief Inspector of Vietnam Maritime and Inland Waterways Administration; Chief Inspector of Vietnam Civil Aviation Administration; Chief Inspector of Securities Commission; Chief Inspector of defense of military regions; Chief Inspector of defense of Hanoi Capital Command; Chief Inspector of Regional State Bank; Chief Inspector of Prison Management Police Corps, Compulsory Education Facility Management Police Corps, Juvenile Correction School Management Police Corps; Chief Inspector of Fire Prevention, Firefighting and Rescue Police Corps; Chief Inspector of Provincial Public Security Departments have the authority to:

a) To issue warnings;

b) To impose fines up to 80% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

4. Chief Inspectors of Ministries, agencies at the ministerial level: Ministry of National Defense, Ministry of Public Security, State Bank of Vietnam; Heads of inspection teams established by Chief Inspectors of Ministries, agencies at the ministerial level: Ministry of National Defense, Ministry of Public Security, State Bank of Vietnam have the authority to:

a) To issue warnings;

b) To impose fines up to the maximum amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

Article 8. Inspection Authority of People's Public Security

1. Public security officers performing their duties have the authority to:

a) To issue warnings;

b) Impose fines up to 10% of the maximum fine amount for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations;

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

2. The head of the Mobile Police Company has the right:

a) To issue warnings;

b) Impose fines up to 20% of the maximum fine amount for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations;

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply measures to remedy consequences prescribed in points a, c, d, and e of Clause 1 of Article 28 of the Law on Handling Administrative Violations.

3. Heads of police stations, heads of mobile police units at battalion level, naval team leaders, station chiefs, team leaders have the authority to:

a) To issue warnings;

b) Impose fines up to 30% of the maximum fine amount for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

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

d) Apply remedial measures prescribed in points a, c, d and e clause 1 of Article 28 of the Law on Handling Administrative Violations.

4. The Head of Public Security at commune level has the right:

a) To issue warnings;

b) To impose fines up to 50% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply measures to remedy consequences as prescribed in Clause 1, Article 28 of the Law on Handling Administrative Violations;

5. The Head of the Border Guard at the International Airports Port; the Heads of the Departments under the Department of Internal Security including: the Head of the General Staff Department, the Head of the Catholic Security Department, the Head of the Other Religious Security Department, the Head of the Ethnic Security Department, the Head of the Anti-Subversive Department, the Head of the Anti-Terrorism Department, the Head of the Social Security Department; the Heads of the Departments under the Department of Internal Political Security including: the Head of the Internal Protection Department for Central Party and State Agencies, the Head of the Judicial and Law-Making Security Department for Central Political-Social Organizations, the Head of the Press and Publishing Security Department, the Head of the Health and Education Security Department, the Head of the Culture, Sports and Social Welfare Security Department, the Head of the Postal, Telecommunications and Information Technology Security Department, the Head of the State Administration Department for Protecting State Secrets; the Heads of the Departments under the Department of Economic Security including: the Head of the Commerce and Industry Security Department, the Head of the Monetary Security Department, the Head of the Transportation and Construction Security Department, the Head of the Financial and Investment Security Department, the Head of the Agriculture, Forestry and Fisheries Security Department, the Head of the Science, Technology and Natural Resources and Environment Security Department; the Heads of the Departments under the Department of Criminal Investigation into Drug Offenses including: the Head of the Prevention and Investigation Department for Illicit Drug Trafficking and Transportation, the Head of the Prevention and Investigation Department for Illicit Drug Organization, Sheltering and Use, the Head of the Prevention and Investigation Department for Illicit Drug Production, the Head of the Prevention and Investigation Department for Legal Activities Related to Drugs; the Heads of the Departments under the Department of Administrative Police for Public Order Management including: the Head of the Guidance and Management Department for Weapons, Explosives, Tools and Fireworks, the Head of the Guidance and Management Department for Industries and Trades with Conditions on Security and Public Order and Seals, the Director of the National Population Data Center; the Heads of the Departments under the Traffic Police Department including: the Head of the Guidance, Investigation and Resolution of Traffic Accidents Department, the Head of the Registration and Inspection Guidance Department, the Head of the Driver Training, Examination and Management Department, the Head of the Road and Rail Traffic Patrol and Control Guidance Department, the Head of the Traffic Control and Escort Guidance Department, the Head of the Inland Waterway Traffic Patrol, Control and Crime Prevention Guidance Department, the Commander of the River Flotilla; the Heads of the Departments under the Fire Prevention, Fighting and Rescue Department including: the Head of the Fire Prevention Department, the Head of the Fire Safety Review Department, the Head of the Fire Fighting and Rescue Department, the Head of the Scientific and Technological Management and Equipment Inspection Department for Fire Prevention, Fighting and Rescue; the Heads of the Departments under the Cybersecurity and High-Tech Crime Prevention Department including: the Head of the Department for Preventing and Combating Economic Order Violations through Cyberspace, the Head of the Department for Preventing and Combating Social Order Violations through Cyberspace, the Head of the Network Information Security Department, the Head of the National Network Information System Security Protection Department, the Head of the Network Information Monitoring and National Security Protection through Cyberspace Department; the Heads of the Departments under the Immigration Department including: the Head of the Foreigner Entry, Exit and Residence Management Department, the Head of the Vietnamese Citizen Entry and Exit Management Department, the Director of the National Aviation Security Center; the Heads of the Departments under the National Data Center including: the Head of the General Staff Department, the Head of the Application Management Department, the Head of the Data Management Department, the Head of the Security and Safety System Management Department, the Head of the Information Technology System Operation Management Department, the Head of the Data Center Station Operation Management Department; the Commanders of Brigade-level Mobile Police Units; the Heads of Provincial Police Departments including: the Head of the Internal Security Department, the Head of the Internal Political Security Department, the Head of the Administrative Police Department for Public Order Management, the Head of the Criminal Investigation Department for Public Order Offenses, the Head of the Criminal Investigation Department for Corruption, Economic, Smuggling and Environmental Offenses, the Head of the Criminal Investigation Department for Drug Offenses, the Head of the Traffic Police Department, the Head of the Mobile Police Department, the Head of the Criminal Enforcement and Judicial Support Department, the Head of the Fire Prevention, Fighting and Rescue Department, the Head of the Cybersecurity and High-Tech Crime Prevention Department, the Head of the Economic Security Department, the Head of the External Security Department, the Chief of the Office of the Provincial Public Security Investigation Agency have the power:

a) To issue warnings;

b) To impose fines up to 80% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

6. The Head of the Immigration Management Department under the Provincial Police has the authority to impose penalties as provided for in Clause 5 of this Article and has the power to decide on the application of deportation as a form of penalty.

7. The director of the provincial public security department has the authority:

a) To issue warnings;

b) To impose fines up to the maximum amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply the expulsion penalty form;

e) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

8. The Directors of the Department of Internal Political Security, the Department of Economic Security, the Chief of the Office of the Criminal Investigation Bureau of the Ministry of Public Security, the Directors of the Department of Administrative Police for Public Order Management, the Department of Criminal Investigation into Public Order Offenses, the Department of Criminal Investigation into Corruption, Economic, Smuggling Offenses, the Department of Criminal Investigation into Drug Offenses, the Department of Traffic Police, the Department of Fire Prevention, Fighting and Rescue, the Department of Criminal Investigation into Environmental Offenses, the Department of Cybersecurity and High-Tech Crime Prevention, the Department of Internal Security, the Department of Temporary Detention, Custody and Community Criminal Enforcement, the Commander of the Mobile Police Force, the Director of the National Data Center have the power:

a) To issue warnings;

b) To impose fines up to the maximum amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

9. The Director of the Immigration Management Department has the authority to impose penalties as provided for in Clause 8 of this Article and has the power to decide on the application of deportation as a form of penalty.

Article 9. Competence of Border Guard Forces

1. Border Guard soldiers performing official duties have the right to:

a) To issue warnings;

b) To impose fines up to 5% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

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

2. The station chief, team leader of those specified in Clause 1 of this Article have the right to:

a) To issue warnings;

b) Impose fines up to 10% of the maximum fine amount for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations;

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply measures to remedy consequences prescribed in points a, c, d, and e of Clause 1 of Article 28 of the Law on Handling Administrative Violations.

3. The team leader of the Special Task Force against Drugs and Crime under the Special Task Force against Drugs and Crime have the right to:

a) To issue warnings;

b) To impose fines up to 15% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply measures to remedy consequences prescribed in points a, c, d, and e of Clause 1 of Article 28 of the Law on Handling Administrative Violations.

4. The border post commander, the maritime squadron commander, the commander-in-chief of the Border Guard Command at the port gate have the right to:

a) To issue warnings;

b) Impose fines up to 30% of the maximum fine amount for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations;

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply measures to remedy consequences as stipulated in Clause 1, Article 28 of the Law on Handling Administrative Violations;

5. The Commander of the Special Task Force for Drug Prevention and Combating Crime under the Anti-drug and Crime Prevention Department of the Border Guard Command has the authority:

a) To issue warnings;

b) To impose fines up to 50% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

6. The Commander of the Border Guard Command; the Commander of the Border Guard Flotilla; the Director of the Anti-Drug and Crime Department under the Border Guard Command have the right:

a) To issue warnings;

b) To impose fines up to the maximum amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

Article 10. Competence of Coast Guard

1. Coast Guard officers performing their duties have the right to:

a) To issue warnings;

b) To impose fines up to 5% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

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

2. The head of the Coast Guard business affairs team have the right to:

a) To issue warnings;

b) Impose fines up to 10% of the maximum fine amount for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations;

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

3. The Head of the Maritime Police Operational Team, the Head of the Maritime Police Station have the right to:

a) To issue warnings;

b) Impose fines up to 20% of the maximum fine amount for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations;

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply measures to remedy consequences prescribed in points a, c, d, and e of Clause 1 of Article 28 of the Law on Handling Administrative Violations.

4. The maritime squadron commander have the right to:

a) To issue warnings;

b) Impose fines up to 30% of the maximum fine amount for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations;

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply measures to remedy consequences as stipulated at points a, c, d, đ, e, i, and k Clause 1 Article 28 of the Law on Handling Administrative Violations.

5. The Commander of the Coast Guard Flotilla; the Commander of the Reconnaissance Unit; the Commander of the Special Task Force against Drug Crimes under the Vietnam Coast Guard have the right:

a) To issue warnings;

b) To impose fines up to 50% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply measures to remedy consequences as stipulated at points a, c, d, đ, e, i, and k Clause 1 Article 28 of the Law on Handling Administrative Violations.

6. The Commander of the Coast Guard Zone; the Director of the Operations and Legal Affairs Department under the Vietnam Coast Guard have the right:

a) To issue warnings;

b) To impose fines up to 80% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To revoke the right to use licenses and certificates of practice for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

7. The commander of the Vietnam Coast Guard have the right to:

a) To issue warnings;

b) To impose fines up to the maximum amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

Article 11. Competence of Customs

The competence of Customs to impose penalties for acts of false declaration leading to underpayment of tax due or overpayment of tax exempted, reduced, refunded, or not collected; tax evasion; violations by commercial banks in failing to fulfill their responsibility to transfer funds from taxpayers' accounts to the state budget account for overdue taxes as required by the tax administration agency shall be implemented in accordance with the provisions of the Tax Administration Law 2019 amended and supplemented in 2024 (hereinafter referred to as the Tax Administration Law). For other administrative violation acts, the competence of Customs to impose penalties is stipulated as follows:

1. Customs officials performing official duties have the right to:

a) To issue warnings;

b) To impose fines up to 5% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

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

2. The Head of the Customs Gate/Outside Gate Team, the Head of the Post-Clearance Inspection Team, the Head of the Clearance Team, the Head of the Customs Control Team under the Customs Branch, the Head of the Anti-Smuggling Control Team under the Anti-Smuggling Investigation Branch; the Head of the Post-Clearance Inspection Area Team under the Post-Clearance Inspection Branch have the authority:

a) To issue warnings;

b) Impose fines up to 30% of the maximum fine amount for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations;

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply measures to remedy consequences as stipulated in Clause 1, Article 28 of the Law on Handling Administrative Violations;

3. The Director of the Anti-Smuggling Investigation Sub-Department; the Director of the Post-Clearance Inspection Sub-Department; the Director of the Customs Sub-Department have the right:

a) To issue warnings;

b) To impose fines up to 50% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To confiscate objects and means of administrative violations;

d) Revoke the right to use a time-limited license or certificate of practice or suspend operations for a time-limited period;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

4. The Director of the Customs Department has the right:

a) To issue warnings;

b) To impose fines up to the maximum amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To confiscate objects and means of administrative violations;

d) Revoke the right to use a time-limited license or certificate of practice or suspend operations for a time-limited period;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

Article 12. Competence of Market Management

1. Market inspectors performing their duties have the right to:

a) To issue warnings;

b) Impose fines up to 10% of the maximum fine amount for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations;

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

2. The Head of the Market Management Team under the Market Management Branch under the Department of Industry and Trade has the right:

a) To issue warnings;

b) Impose fines up to 30% of the maximum fine amount for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations;

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply measures to remedy consequences as stipulated in Clause 1, Article 28 of the Law on Handling Administrative Violations;

3. The Director of the Market Management Branch, the Head of the Market Management Business Department under the Domestic Market Management and Development Department:

a) To issue warnings;

b) To impose fines up to 50% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To confiscate objects and means of administrative violations;

d) Revoke the right to use a time-limited license or certificate of practice or suspend operations for a time-limited period;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

4. The Director of the Domestic Market Management and Development Department has the right:

a) To issue warnings;

b) To impose fines up to the maximum amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To confiscate objects and means of administrative violations;

d) Revoke the right to use a time-limited license or certificate of practice or suspend operations for a time-limited period;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

Article 13. Competence of the Tax Authority

The competence of the Tax Authority to impose penalties for acts of false declaration leading to underpayment of tax due or overpayment of tax exempted, reduced, refunded; tax evasion; violations by commercial banks in failing to fulfill their responsibility to transfer funds from taxpayers' accounts to the state budget account for overdue taxes as required by the tax administration agency shall be implemented in accordance with the provisions of the Tax Administration Law. For other administrative violation acts, the competence of the Tax Authority to impose penalties is stipulated as follows:

1. Tax officials performing official duties have the authority:

a) To issue warnings;

b) Impose fines up to 10% of the maximum fine amount for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations;

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

2. The Head of the Tax Office has the authority:

a) To issue warnings;

b) To impose fines up to 50% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply remedial measures provided for in points a, e, i, and k of Clause 1, Article 28 of the Law on Handling Administrative Violations.

3. The Director of the Tax Branch; the Head of the Provincial/City Tax Office have the authority:

a) To issue warnings;

b) To impose fines up to 80% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To confiscate objects and means of administrative violations;

d) To apply measures to remedy consequences as stipulated in Clause 1, Article 28 of the Law on Handling Administrative Violations;

4. The Director of the Tax Department has the authority:

a) To issue warnings;

b) To impose fines up to the maximum amount for the tax field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To confiscate objects and means of administrative violations;

d) To apply measures to remedy consequences as stipulated in Clause 1, Article 28 of the Law on Handling Administrative Violations;

Article 14. Competence of Forest Rangers

1. Forest rangers performing official duties have the authority:

a) To issue warnings;

b) To impose fines up to 5% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

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

2. The Head of the Forest Ranger Station has the right to:

a) To issue warnings;

b) Impose fines up to 20% of the maximum fine amount for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations;

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply remedial measures provided for in points a, c, đ, e, h, i, and k of Clause 1, Article 28 of the Law on Handling Administrative Violations.

3. The Head of the Forest Ranger Station, the Head of the Mobile Forest Ranger and Firefighting Team have the authority:

a) To issue warnings;

b) Impose fines up to 30% of the maximum fine amount for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations;

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply remedial measures provided for in points a, c, đ, e, h, i, and k of Clause 1, Article 28 of the Law on Handling Administrative Violations.

4. The Director of the Regional Forest Ranger Branch, the Head of the Special Task Force for Forest Protection under the Forestry and Forest Ranger Department; the Director of the Branch for forestry and forest ranger affairs under the Department of Agriculture and Environment have the authority:

a) To issue warnings;

b) To impose fines up to 50% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To confiscate objects and means of administrative violations;

d) Revoke the right to use a time-limited license or certificate of practice or suspend operations for a time-limited period;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

5. The Director of the Forestry and Forest Ranger Department has the authority:

a) To issue warnings;

b) To impose fines up to the maximum amount for the forestry field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To confiscate objects and means of administrative violations;

d) Revoke the right to use a time-limited license or certificate of practice or suspend operations for a time-limited period;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

Article 15. Competence of Fisheries Inspectors

1. Fisheries Inspectors performing their duties have the right to:

a) To issue warnings;

b) To impose fines up to 5% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

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

2. The Head of Fisheries Inspection Stations under Fisheries Inspection Branches have the right to:

a) To issue warnings;

b) Impose fines up to 20% of the maximum fine amount for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations;

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) Apply measures to remedy consequences as prescribed in points a, b, đ, e, h, i, and k of Clause 1, Article 28 of the Law on Handling Administrative Violations.

3. The Heads of Fisheries Inspection Branches under the Fisheries and Inspection Department; the Heads of Fisheries Inspection Branches under Departments of Agriculture and Environment have the right to:

a) To issue warnings;

b) To impose fines up to 50% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

4. The Director of the Fisheries and Inspection Department has the right to:

a) To issue warnings;

b) To impose fines up to the maximum amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To confiscate objects and means of administrative violations;

d) Revoke the right to use a time-limited license or certificate of practice or suspend operations for a time-limited period;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

Article 16. Competence of Civil Enforcement Agencies

1. The Heads of Civil Enforcement Agencies; the Chiefs of Civil Enforcement Departments at Military Zones have the right to:

a) To issue warnings;

b) To impose fines up to 50% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To confiscate objects and means of administrative violations;

d) Revoke the right to use a time-limited license or certificate of practice or suspend operations for a time-limited period;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

2. The Directors of the Civil Enforcement Management Department under the Ministry of Justice, the Directors of Civil Enforcement Departments under the Ministry of National Defense have the right to:

a) To issue warnings;

b) Impose fines up to the maximum level for the field of civil enforcement as stipulated in Article 24 of the Law on Handling Administrative Violations;

c) To confiscate objects and means of administrative violations;

d) Revoke the right to use a time-limited license or certificate of practice or suspend operations for a time-limited period;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

Article 17. Competence of Maritime Port Authorities, Air Port Authorities, Inland Waterway Port Authorities

1. The Heads of Maritime Port Authorities, the Heads of Air Port Authorities, the Heads of Inland Waterway Port Authorities have the right to:

a) To issue warnings;

b) Impose fines up to 25% of the maximum fine level for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

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

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

2. The Directors of Maritime Port Authorities, the Directors of Air Port Authorities, the Directors of Inland Waterway Port Authorities have the right to:

a) To issue warnings;

b) To impose fines up to 50% of the maximum fine amount for the corresponding field as prescribed in Article 24 of the Law on Handling Administrative Violations;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) To apply measures to remedy consequences prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations.

Article 18. Competence of Diplomatic Missions, Consular Offices, and Other Bodies Authorized to Perform Consular Functions of the Socialist Republic of Vietnam Abroad

The Heads of Diplomatic Missions, Consular Offices, and Other Bodies Authorized to Perform Consular Functions of the Socialist Republic of Vietnam abroad have the right to:

1. To issue warnings.

2. Impose fines up to the maximum level for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations.

3. Confiscate objects and means used in committing administrative violations.

4. Apply measures to remedy consequences as prescribed in Clause 1, Article 28 of the Law on Handling Administrative Violations.

Chapter III

IMPLEMENTING PROVISIONS

Article 19. Responsibility for Implementation

The Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairpersons of provincial People's Committees directly under the central government, the Heads of the Government Official Communication Bureau, and related organizations and individuals shall be responsible for implementing this Decree.

Article 20. Effective Date

This Decree takes effect from July 1, 2025.

Article 21. Transitional Provisions

During the period when the Government has not issued a decree to amend, supplement, replace, or abolish provisions on the authority to impose administrative penalties in administrative penalty decrees in various fields of state management, the determination of the authority to impose administrative penalties of the relevant positions shall be carried out as follows:

1. For positions with the authority to impose administrative penalties that have been prescribed in administrative penalty decrees in various fields of state management without changing the name or functions and powers or with changes in name but not in functions and powers, the name and authority to impose administrative penalties of such positions shall be applied according to the corresponding name and authority prescribed in this Decree until replaced by a provision of the Government.

2. For positions with the authority to impose administrative penalties that have been prescribed in administrative penalty decrees in various fields of state management but with changes in functions and powers, the position receiving such functions and powers shall have the authority to impose penalties. The name and authority to impose administrative penalties shall be applied according to the corresponding name and authority prescribed in this Decree until replaced by a provision of the Government.

3. For positions not prescribed with the authority to impose administrative penalties in administrative penalty decrees in various fields of state management but prescribed with such authority in this Decree, they shall exercise the authority to impose administrative penalties within the scope of their industry, field, and territorial management as prescribed in this Decree until replaced by a provision of the Government.