This Decree amends and supplements some articles of Decree No. 120/2021/NĐ-CP on the regime for applying administrative educational measures at commune, ward, and town levels. It specifies changes in the 2025 Law on Administrative Sanctions and updates related forms.
Đối tượng áp dụng
This Decree applies to Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-run city People's Committees, and relevant agencies.
Các điểm cốt lõi
- Amend and supplement some articles in Decree No. 120/2021/NĐ-CP to be consistent with the 2025 Law on Administrative Sanctions.
- Update the forms issued together with Decree No. 118/2021/NĐ-CP.
- Provide for the continued use of printed and distributed forms until August 15, 2025.
- This Decree takes effect from July 1, 2025.
- Require compliance with the provisions of the Law on Administrative Sanctions (amended and supplemented in 2020 and 2025) when using forms.
🌐 Tác động xã hội từ văn bản này
- Help improve the effectiveness of applying administrative educational measures at commune, ward, and town levels.
- Improve procedures and processes related to administrative violation handling.
- Enhance transparency and legal compliance in state management activities.
❓ Câu hỏi thường gặp
When does this Decree take effect?
This Decree takes effect from July 1, 2025.
Printed and distributed forms prior to the effective date of this Decree may continue to be used until when?
Until August 15, 2025.
Toàn văn
|
THE GOVERNMENT _________ Number: 190/2025/NĐ-CP |
SOCIALIST REPUBLIC OF VIET NAM Hanoi, July 1, 2025 |
DECREE
Amending and supplementing certain Articles of Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing certain provisions and measures to implement the Law on Handling Administrative Violations amended and supplemented by Decree No. 68/2025/NĐ-CP dated March 18, 2025 of the Government and Decree No. 120/2021/NĐ-CP dated December 24, 2021 of the Government stipulating the regime for applying administrative education measures at commune, ward, town level.
_____________
Pursuant to the Government Organization Law on February 18, 2025;
Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law amending and supplementing certain provisions of the Law on Handling Administrative Violations dated November 13, 2020; the Law amending and supplementing certain provisions of the Law on Handling Administrative Violations dated June 25, 2025;
Pursuant to the Law on Electronic Transactions dated June 22, 2023;
Pursuant to the Law on Identity Cards dated November 27, 2023;
At the proposal of the Minister of Justice;
The Government promulgates this Decree amending and supplementing certain Articles of Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing certain provisions and measures to implement the Law on Handling Administrative Violations amended and supplemented by Decree No. 68/2025/NĐ-CP dated March 18, 2025 of the Government and Decree No. 120/2021/NĐ-CP dated December 24, 2021 of the Government stipulating the regime for applying administrative education measures at commune, ward, town level.
Article 1. Amending and supplementing certain Articles of Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing certain provisions and measures to implement the Law on Handling Administrative Violations amended and supplemented by Decree No. 68/2025/NĐ-CP dated March 18, 2025 of the Government.
1. Supplement Clause 2a following Clause 2 of Article 1 as follows:
"2a. Handling administrative violations on electronic environments."
2. Amending and supplementing Clause 9 of Article 9 as follows:
"9. The person authorized to confiscate evidence and means of administrative violation as prescribed in Clause 2 of Article 65 and Clause 4 of Article 126 of the Law on Handling Administrative Violations shall be the person authorized to impose administrative sanctions on such case."
3. Amending and supplementing Article 11 as follows:
"Article 11. Imposing administrative sanctions in inspection and supervision activities
1. The Head of the Inspection Team or the Head of the Supervision Team has the authority to impose administrative sanctions on acts of administrative violations within the scope and content of the inspection or supervision as prescribed by law during the inspection or supervision period.
In cases where the inspection or supervision period expires, without issuing a decision on administrative sanctions, the case must be transferred to the person authorized to impose administrative sanctions.
2. In cases where the decision on administrative sanctions is appealed, the appeal resolution shall be carried out in accordance with the laws on appeal resolution and other relevant laws.
3. The authority to correct, amend, supplement, revoke, and issue new decisions of the Head of the Inspection Team or the Head of the Supervision Team after the expiration of the inspection or supervision period shall be determined as follows:
a) If the Head of the Inspection Team or the Head of the Supervision Team who issued the decision on administrative sanctions is the person authorized to impose administrative sanctions according to the regulations for that case, then the authority remains with that person;
b) If the person who conducted the inspection or supervision is the person authorized to impose administrative sanctions according to the regulations for that case, then the authority belongs to that person;
c) If it does not fall under the provisions of point a and point b of this clause, the authority belongs to the Director of the Inspection Agency authorized to impose administrative sanctions for that case or the Head of the organization under a ministry or agency equivalent to a ministry assigned the function and task of supervision within the scope of management of the ministry or agency equivalent to a ministry as prescribed in point b of Clause 1 of Article 37a of the Law on Handling Administrative Violations or the Head of the specialized agency under the provincial People's Committee where the violation occurred or the Chairman of the People's Committee authorized to impose administrative sanctions where the violation occurred.
4. The authority to enforce the decision on administrative sanctions of the Head of the Inspection Team or the Head of the Supervision Team after the expiration of the inspection or supervision period shall be implemented in accordance with Article 87 of the Law on Handling Administrative Violations and Clause 3 of this Article."
4. Amending and supplementing Clause 9 of Article 12 as follows:
"9. Transferring and handing over the administrative violation record:
a) The transfer of the administrative violation record and other documents to the person authorized to impose administrative sanctions must be completed within two working days from the date of recording; in cases where the record is made in remote areas, border regions, mountainous areas, islands, and the travel is difficult, the transfer period shall not exceed five working days from the date of recording;
b) In cases where administrative violations occur at sea or on aircraft, ships, inland waterway vessels, trains, the person authorized to record the administrative violation or the aircraft commander, ship captain, train leader, or the person instructed by the aircraft commander, ship captain, train leader to carry out the recording of the administrative violation in accordance with Clause 4 of this Article and transfer it to the person authorized to impose administrative sanctions within three working days from the date of arrival at shore or the return of the aircraft, ship, inland waterway vessel, train to the airport, port, station. In cases where the record cannot be made upon arrival at shore, airport, port, station, the record shall be made and the transfer period shall be carried out in accordance with the provisions of point a of this clause;
c) The administrative violation record shall be transferred and handed over in accordance with Clause 5 of Article 58 of the Law on Handling Administrative Violations. In cases where the violator is a minor, the record shall also be sent to the parents or guardians of the violator;
d) In cases where the violator or representative of the violating organization is not present at the location of the administrative violation record or is present but refuses to accept it, the handover of the administrative violation record shall be carried out in accordance with Article 70 of the Law on Handling Administrative Violations and Article 17a of this Decree regarding the delivery of the decision on administrative sanctions for enforcement."
5. Supplementing Article 17a following Article 17 as follows:
"Article 17a. Delivering the decision on administrative sanctions for enforcement"
1. Serving the administrative violation penalty decision directly to the individual or organization being penalized shall be carried out as follows:
a) The person authorized to serve the decision shall deliver it directly at the place of residence or workplace of the individual; the headquarters of the organization being penalized; the office of the authority issuing the decision; the location where the violation occurred; or another suitable location based on actual conditions;
b) The direct service of the penalty decision must be confirmed by the recipient's signature and clearly indicate the time of delivery and receipt;
c) In cases where the individual or representative of the organization refuses to accept the decision, the authorized person shall prepare a record of non-receipt, which must be signed by a representative of the local government authority at the place of delivery or by a witness confirming that the individual or organization did not accept the decision.
2. Serving the administrative violation penalty decision through postal services with guaranteed delivery shall be carried out as follows:
a) When sending the penalty decision through postal services with guaranteed delivery, the responsible sender shall retain the dispatch slip and check the status information from the postal service provider's system to update the delivery and receipt status;
b) The sending process is considered completed if it falls under one of the circumstances deemed as valid mail delivery according to the laws on postal services;
c) If the postal service refuses to deliver or returns the mail due to objective reasons, the responsible sender shall switch to another delivery method as prescribed.
3. Serving the administrative violation penalty decision electronically shall be carried out in accordance with the provisions of Chapter IIIa of this Decree.
4. Publicly posting the administrative violation penalty decision shall be carried out as follows:
a) The People's Committee of the commune where the individual resides or the location of the organization's headquarters being penalized shall cooperate with the authority issuing the decision to continuously post the decision publicly for a period of seven working days and prepare a record of public posting. The record of public posting must clearly show the start and end times of the posting, and bear the signature of the person who posted it;
b) The record of public posting shall be returned to the authority that issued the penalty decision for archiving in the file and serving as evidence to confirm that the decision has been delivered properly.
5. The administrative violation penalty decision shall be deemed delivered to the individual or organization being penalized if it has been served in one of the following ways:
a) Direct delivery but the individual or organization refused to accept it;
b) After three working days from the date the competent authority received the decision for the third time being returned through postal services with guaranteed delivery, except in cases returned due to objective reasons as stipulated in point c, Clause 2 of this Article;
c) After three working days from the date the decision was entered into the information system designated by the individual or organization being penalized or the system specified in Clause 2 of Article 28b of this Decree;
d) After three working days from the end date of the public posting of the decision at the place of residence of the individual or the location of the organization's headquarters being penalized.”
6. Supplement Article 23a after Article 23 as follows:
“Article 23a. Transfer of Evidence and Means Related to Administrative Violations Linked to Criminal Acts
1. In cases where the evidence and means related to administrative violations are directly linked to criminal acts, they shall be transferred upon request of the competent authority conducting criminal proceedings.
2. In cases where the evidence and means are immovable property, aircraft, ships, bulky goods, or difficult-to-transport items, the transfer of such evidence and means shall be carried out as follows:
a) The authority handling the administrative violation shall notify in writing the competent authority conducting criminal proceedings about the current state, location, and characteristics of the evidence and means to unify the reception and handling plan;
b) The transferring authority and the receiving authority shall prepare a record noting the current state, accompanied by relevant images and documents, and agree on the on-site transfer method, except when both authorities have different plans. The record must bear the signatures of all parties;
c) The receiving authority shall proactively receive the evidence and means at the agreed location, organize management, preservation, and handling in accordance with the laws on criminal procedure.”
7. Supplement Chapter IIIa after Chapter III as follows:
“Chapter IIIa
ADMINISTRATIVE VIOLATION HANDLING IN THE ELECTRONIC ENVIRONMENT”
8. Supplement Article 28a in Chapter IIIa and after Article 28 as follows:
“Article 28a. Conditions for Implementing Administrative Violation Handling in the Electronic Environment
The application of electronic methods in handling administrative violations shall be implemented when the following conditions are met:
1. The competent authority handling administrative violations has appropriate electronic equipment and an information system meeting basic requirements for information systems and digital platforms serving state agency operations in the electronic environment;
2. Individuals and organizations being penalized have appropriate electronic equipment, capable of accessing, interacting, and accepting the entire or part of the administrative violation handling process through electronic methods;
3. Conditions regarding information security, data protection, electronic authentication, and data storage are ensured in accordance with the law;
4. Information systems, software, and databases used in handling administrative violations must be interconnected, interoperable, or have the capability to connect and share data with the National Database on Administrative Violation Handling and related state management systems.”
9. Supplement Article 28b in Chapter IIIa and after Article 28a as follows:
“Article 28b. Administrative Violation Handling in the Electronic Environment
1. Using digital signatures and identity verification in electronic administrative violation handling procedures shall be carried out as follows:
a) The violator or representative of the violating organization using digital signatures in electronic penalty procedures must meet the conditions for digital signatures as prescribed by the laws on electronic transactions;
b) In case the organization violates and implements the electronic penalty procedure through its legal representative or by proxy, it must use the digital signature of the legal representative or proxy;
c) In case the violator or the representative of the violating organization cannot use a digital signature in the electronic penalty procedure, they shall use biometric authentication means such as facial image or fingerprint to identify their identity according to the provisions of the law and replace the digital signature of the violator or the representative of the violating organization;
d) In case the administrative violation record is established on the electronic environment without identifying the subject committing the violation act or if the violator or the representative of the violating organization does not sign, then the record only needs the digital signature of the person establishing the record.
2. The sending of records, decisions, and other documents in handling administrative violations on the electronic environment shall be carried out through one of the following methods:
a) Sending to the email address of the violator, the representative of the violating organization, or the person being penalized that has been reported to the competent authority;
b) Sending through the national identification application/electronic identification account (with level 2 verification or higher) or sending through applications prescribed in the regulatory legal documents of the sector, field, or locality;
c) Sending an SMS message to the phone number of the violator, the representative of the violating organization, or the person being penalized that has been reported to the competent authority;
d) Sending to the email address of the fine collection agency and other related agencies (if any) for enforcement.
3. The time when the records, decisions, and other documents in handling administrative violations on the electronic environment are considered to have been sent and received properly is when the information system records one of the following situations:
a) The violator or the representative of the violating organization has confirmed receipt of the record or decision in the handling of administrative violations;
b) The violator or the representative of the violating organization has accessed, downloaded, or opened the record or decision in the handling of administrative violations through the information system.
4. In case it is impossible to send or receive records or decisions in handling administrative violations on the electronic environment due to technical errors, incorrect information, or inability to verify the identity of the violator or the representative of the violating organization, then the direct delivery method shall be applied according to the corresponding provisions at Clause 9 Article 12 and Article 17a of this Decree.
5. In cases where other regulations on the procedures for handling administrative violations have not provided for implementation according to the electronic procedures in this Decree, the provisions of the Law on Electronic Transactions shall apply.”
10. Amend and supplement Point a Clause 2 Article 39 as follows:
“a) The Chairman of the People's Committee of the commune reports the work on the implementation of laws on handling administrative violations in the fields under the management of his locality to the People's Committee of the province within the time limit stipulated by the regulations on reporting the work on the implementation of laws on handling administrative violations issued by the Minister of Justice;” trong thời hạn theo quy định về chế độ báo cáo công tác thi hành pháp luật về xử lý vi phạm hành chính của Bộ trưởng Bộ Tư pháp;".
11. Amend and supplement some phrases in some points, clauses, and articles as follows:
a) Add the phrase "professional certificate" after the phrase "one type of license," in Point c Clause 3 Article 9;
b) Add the phrase "or in necessary cases" after the phrase "if there is an error" in Clause 2 Article 14;
c) Add the phrase "and Article 17a of this Decree" after the phrase "Article 70 of the Law on Handling Administrative Violations" in Clause 1 Article 16.
12. Replace some phrases in some clauses and articles as follows:
a) Replace the phrase "Article 156" with the phrase "Article 58" in Clause 1 Article 7;
b) Replace the phrase "Article 24 of this Decree" with the phrase "Article 52 of the Law on Handling Administrative Violations and Article 4 of Decree No. 189/2025/NĐ-CP dated July 1, 2025 of the Government detailing the Law on Handling Administrative Violations regarding the authority to impose administrative penalties" in Point a Clause 5 Article 12;
c) Replace the phrase "Clauses 3 and 4 of Article 24 of this Decree" with the phrase "Clause 2 and Clause 3 of Decree No. 189/2025/NĐ-CP dated July 1, 2025 of the Government" in Point b Clause 5 Article 12;
d) Replace the phrase "commune, ward, town" with the phrase "commune, ward, special zone" in Points a, c, d, g1 Clause 3 Article 35 and Point c Clause 2 Article 37;
đ) Replace the phrase "head of village, hamlet, ward, village, bon, buon, phum, soc, residential group" with the phrase "head of village, residential group leader" in Point đ Clause 4a Article 41.
13. Remove some phrases in some points, clauses, and articles as follows:
a) Remove the phrase "as prescribed in Articles 38, 39, 40, 41, and 46 of the Law on Handling Administrative Violations" in Clause 1 and Clause 2 Article 6;
b) Remove the phrase "as prescribed in Point đ Clause 5 and Clause 7 of Article 39 of the Law on Handling Administrative Violations" in Clause 5 Article 6;
c) Remove the phrase "5 Clauses" in Point c Clause 5 Article 12;
d) Remove the phrase "and Clause 2" in Clause 1 Article 22;
đ) Remove the phrase "specialized" in Point a Clause 1 Article 27;
e) Remove the phrase ", People's Committee of the district" in Clause 1 Article 32 and Point b Clause 2 Article 39.
14. Repeal some articles, clauses, and points as follows:
a) Repeal Clause 10 Article 12;
b) Repeal Article 24;
c) Repeal Clause 4 Article 31.
15. Amend and supplement some forms in the Appendix accompanying Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing some provisions and measures to implement the Law on Handling Administrative Violations amended and supplemented by Decree No. 68/2025/NĐ-CP dated March 18, 2025 of the Government with specific contents as follows:
a) Replace the phrase "Law on Handling Administrative Violations (amended and supplemented in 2020)" with the phrase "Law on Handling Administrative Violations (amended and supplemented in 2020 and 2025)" in the basis section of the decision forms;
b) Replace the phrase "Law on Handling Administrative Violations (amended and supplemented in 2020)" with the phrase "Law on Handling Administrative Violations (amended and supplemented in 2020 and 2025)" in the annotation section of the decision forms and record forms, except for Form 01 and Form 05 of the record.
c) Replace the phrase "Personal identification number/ID card/Passport" with the phrase "Personal identification number/Passport" in Decision Forms 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, 12a, 12b, 12c, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, and 42; and in Record Forms 02, 03, 06, 07, 08, 09, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 24, 26, and 27;
d) Replace the phrase "Based on Record Form No.:.../BB-TG established on.../.../..... for temporarily holding evidence, means of administrative violation, licenses, and certificates of practice" with the phrase "Based on Record Form No.:.../BB-TG established on.../.../...for temporarily holding evidence, means of administrative violation, licenses, and certificates of practice/Administrative Violation Record Form No.:.../BB-VPHC established on.../.../..." in Decision Form 20, Record Form 16, and Record Form 26;
đ) Add the phrase "and Decree No. 190/2025/NĐ-CP" after the phrase "Decree No. 68/2025/NĐ-CP" in the basis and annotation sections of Decision Forms 38, 39, and 40;
16. Replace Record Form 01 and Record Form 05 in the "Appendix of some forms in administrative penalty enforcement" issued together with Decree No. 118/2021/NĐ-CP dated December 23, 2021, which details certain provisions and implementation measures of the Law on Handling Administrative Violations amended and supplemented by Decree No. 68/2025/NĐ-CP, with Record Form 01 and Record Form 05 in the Appendix issued together with this Decree;
Article 2. Amend and supplement certain articles of Decree No. 120/2021/NĐ-CP dated December 24, 2021, of the Government detailing certain provisions and regulations on the application of educational measures at commune, ward, township level;
1. Amend and supplement Point b Clause 2 Article 41 as follows:
“b) A person aged eighteen years or older who is currently serving an administrative measure and is identified as a drug addict and falls under the circumstances subject to compulsory drug rehabilitation according to the Anti-Drug Law shall submit a written request to the commune police station to establish a file requesting the application of an administrative measure for compulsory drug rehabilitation according to the regulations.”;
2. Supplement Point m1 after Point m Clause 1 Article 43 as follows:
“m1) A written request to the commune police station to establish a file requesting the application of an administrative measure for compulsory drug rehabilitation if it falls under the circumstances stipulated in Point b Clause 2 Article 41 of this Decree;”;
3. Amend and supplement Clause 3 Article 49 as follows:
“3. The Ministry of Health shall be responsible for developing the planning of social welfare facility networks; enhancing the capacity of social workers at social welfare facilities and in communes, wards, and special zones in implementing social support work and drug prevention for illegal drug users; guiding facilities in managing individuals subject to educational measures at commune, ward, and special zone levels at social welfare facilities.”;
4. Replace certain phrases in certain points, clauses, and articles as follows:
a) Replace the phrase “commune, ward, township” with the phrase “commune, ward, special zone” in the name of the Decree, Article 1, Article 2, Article 3, Article 4, Article 5, Article 7, Article 8, Article 9, Article 10, Article 11, Article 12, Chapter II, Article 13, Article 14, Article 15, Article 16, Article 17, Article 18, Article 19, Article 20, Article 21, Article 22, Article 23, Article 24, Article 25, Article 26, Article 27, Chapter III, Section 1 Chapter III, Article 29, Article 30, Article 31, Article 32, Article 33, Article 34, Article 35, Article 36, Article 37, Article 38, Article 39, Article 40, Article 41, Article 42, Article 43, Article 46, Article 49, Article 50, Article 51, Article 52, and Article 53;
b) Replace the phrase “commune ward township” with the phrase “commune, ward, special zone” in the name of Article 53;
c) Replace the phrase “commune ward, township” with the phrase “commune, ward, special zone” in Point đ Clause 1 Article 50;
d) Replace the phrase “commune, ward township” with the phrase “commune, ward, special zone” in the name of Article 10, Point a Clause 2 Article 23;
đ) Replace the phrase “residential unit at the base including: Ward Chief, Village Head, Head of Hamlet, Village, Clan, Tribe, and equivalent units” with the phrase “hamlet, ward including: Village Head, Ward Chief” in Point c Clause 1 Article 13;
e) Replace the phrase “residential unit at the base” with the phrase “hamlet, ward” in Point d Clause 2 Article 22, Point e Clause 2 Article 31;
g) Replace the phrase “residential unit at the base” with the phrase “hamlet, ward” in Point a Clause 4 Article 13, Clause 1 Article 33, Point d Clause 3 Article 34;
5. Repeal certain phrases in certain points, clauses, and articles as follows:
a) Remove the phrase “Provincial Police or” in Clause 3 Article 14, Clause 7 Article 17;
b) Remove the phrase “Provincial Police,” in Point b Clause 6 Article 17;
6. Amend and supplement certain forms in the Appendix issued together with Decree No. 120/2021/NĐ-CP dated December 24, 2021, of the Government detailing the system of applying educational measures at commune, ward, township level as follows:
a) Replace the phrase “commune, ward, township” with the phrase “commune, ward, special zone” in the name of the Appendix, the Appendix table, Request Form 01, Application Form 01, Application Form 02, Application Form 03, Application Form 04, Notification Form 01, Notification Form 02, Report Form 01, Commitment Form 01, Plan Form 01, Record Form 01, Record Form 02, Record Form 03, Decision Form 01, Decision Form 02, Decision Form 03, Decision Form 05, Decision Form 07, Decision Form 08, Decision Form 09, Decision Form 10, Decision Form 11, Decision Form 12, Statement Form 01, Summary Form 01, Summoning Notice Form 01, Monitoring Book Form 01, Certificate Form 01, Certificate Form 02;
b) Replace the phrase “commune, ward township” with the phrase “commune, ward, special zone” in Record Form 01;
c) Replace the phrase "commune/township/hill town" with the phrase "commune/town/district" in the explanatory note (4) of Form Request No. 01, in the explanatory notes (4) and (5) of Form Request No. 02, in the explanatory notes (1) and (3) of Form Application No. 01, in the explanatory notes (1) and (5) of Form Application No. 02, in the explanatory notes (1) and (3) of Form Application No. 03, in the explanatory notes (1) and (5) of Form Application No. 04, in the explanatory note (7) of Form Notification No. 01, in the explanatory note (4) of Form Notification No. 02, in the explanatory note (1) of Form Report No. 01, in the explanatory notes (1) and (4) of Form Commitment No. 02, in the explanatory note (3) of Form Plan No. 01, in the explanatory note (4) of Form Plan No. 02, in the explanatory notes (1) and (3) of Form Minutes No. 01, in the explanatory notes (1) and (3) of Form Minutes No. 02, in the explanatory note (3) of Form Minutes No. 03, in the explanatory note (1) of Form Decision No. 01, in the explanatory note (5) of Form Decision No. 02, in the explanatory note (1) of Form Decision No. 03, in the explanatory note (1) of Form Decision No. 04, in the explanatory note (1) of Form Decision No. 05, in the explanatory note (1) of Form Decision No. 06, in the explanatory note (1) of Form Decision No. 07, in the explanatory note (1) of Form Decision No. 08, in the explanatory note (1) of Form Decision No. 09, in the explanatory note (1) of Form Decision No. 10, in the explanatory note (1) of Form Decision No. 11, in the explanatory note (1) of Form Decision No. 12, in the explanatory notes (1) and (3) of Form Summons No. 01, in the explanatory notes (1) and (2) of Form Monitoring Book No. 01, in the explanatory note (1) of Form Certificate No. 01, and in the explanatory note (1) of Form Certificate No. 02;
d) Replace the phrase "commune township hill town" with the phrase "commune, town, district" in the explanatory note (4) of Form Decision No. 06;
đ) Replace the phrase "Pursuant to the Law on Organization of Local Administration dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019; Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020; Pursuant to the Decree No.: .../2021/ND-CP dated ... month ... year 2021 of the Government stipulating the regime for applying administrative education measures at commune, township, and hill town levels" with the phrase "Pursuant to the Law on Organization of Local Administration dated June 16, 2025; Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated June 25, 2025; Pursuant to the Decree No. 120/2021/ND-CP dated December 24, 2021 of the Government stipulating the regime for applying administrative education measures at commune, town, and district levels; Decree No. 190/2025/ND-CP dated July 1, 2025 of the Government amending and supplementing certain provisions of Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government detailing certain provisions and measures to implement the Law on Handling Administrative Violations amended and supplemented according to Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government and Decree No. 120/2021/ND-CP dated December 24, 2021 of the Government stipulating the regime for applying administrative education measures at commune, town, and hill town levels" in the issuance basis section of Forms Decision Nos. 01, 03, 04, 05, 06, 07, 08, 09, 10, 11, and 12;
e) Replace the phrase "Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020; Pursuant to the Decree No.: .../2021/ND-CP dated ... month ... year 2021 of the Government stipulating the regime for applying administrative education measures at commune, township, and hill town levels" with the phrase "Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated June 25, 2025; Pursuant to the Decree No. 120/2021/ND-CP dated December 24, 2021 of the Government stipulating the regime for applying administrative education measures at commune, town, and district levels; Decree No. 190/2025/ND-CP dated July 1, 2025 of the Government amending and supplementing certain provisions of Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government detailing certain provisions and measures to implement the Law on Handling Administrative Violations amended and supplemented according to Decree No. 68/2025/ND-CP dated March 18, 2025 of the Government and Decree No. 120/2021/ND-CP dated December 24, 2021 of the Government stipulating the regime for applying administrative education measures at commune, town, and hill town levels" in the issuance basis section of Form Decision No. 02;
g) Replace the phrase "grassroots community unit at the base: Ward/Town/Village/Ban/Buon/Village/Phum/Soc and equivalent units" with the phrase "village, ward" in the explanatory note (4) of Form Minutes No. 01, in the explanatory note (5) of Form Minutes No. 02;
h) Replace the phrase "grassroots community unit at the base" with the phrase "village, ward" in the explanatory notes (1) and (5) of Form Request No. 01, in the explanatory note (8) of Form Notification No. 01, in the explanatory note (8) of Form Notification No. 02;
i) Replace the phrase "Personal identification number/ID card/passport" with the phrase "Personal identification number/passport" in Form Request No. 02; Form Application No. 01; Form Application No. 02; Form Application No. 03; Form Application No. 04; Form Notification No. 01; Form Notification No. 02; Form Report No. 01; Form Commitment No. 01; Form Commitment No. 02; Form Statement No. 01; Form Summary of Record No. 01;
k) Replace the phrase "Personal identification number/ID card/passport number" with the phrase "Personal identification number/passport" in Form Request No. 01; Form Plan No. 01; Form Plan No. 02; Form Minutes No. 01; Form Minutes No. 02; Form Decision No. 01; Form Decision No. 03; Form Decision No. 04; Form Decision No. 05; Form Decision No. 06; Form Decision No. 07; Form Decision No. 08; Form Decision No. 09; Form Summons No. 01; Form Certificate No. 01; Form Certificate No. 02;
l) Remove the phrase “police agency at the district level or” from the explanatory note (1) and (2) of Form No. 02, from the explanatory note (1), (2), and (5) of Form No. 01 Notification, from the explanatory note (1), (2), and (5) of Form No. 02 Notification, from the explanatory note (1) of Form No. 03 Record, from the explanatory note (1) and (2) of Form No. 01 Summary of Record;
m) Remove the phrase “district/county/town/city under province,” from the explanatory note (3) of Form No. 01 Application, explanatory note (5) of Form No. 02 Application, explanatory note (3) of Form No. 03 Application, explanatory note (5) of Form No. 04 Application, explanatory note (7) of Form No. 01 Notification, explanatory note (4) of Form No. 02 Commitment, explanatory note (3) of Form No. 03 Record, explanatory note (3) of Form No. 01 Summons, explanatory note (1) of Form No. 01 Monitoring Book;
n) Remove the phrase “district/county/town/city under province;” from the explanatory note (1) of Form No. 01 Record, explanatory note (1) of Form No. 02 Record;
o) Remove the phrase “Head of District B Police /” from the explanatory note (5) of Form No. 01 Notification, explanatory note (5) of Form No. 02 Notification.
Article 3. Responsibility for Implementation
The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial/municipal People's Committees directly under the central government, and related agencies shall be responsible for organizing the implementation of this Decree.
Article 4. Implementation provisions
1. This Decree takes effect from July 1, 2025.
2. In cases where agencies and units have printed and distributed the forms issued together with Decree No. 118/2021/NĐ-CP dated December 23, 2021, of the Government detailing certain provisions and measures to implement the Law on Handling Administrative Violations, amended and supplemented by Decree No. 68/2025/NĐ-CP dated March 18, 2025, of the Government, they may continue to use such forms concurrently with the revised, supplemented, and replaced forms according to the provisions of this Decree until August 15, 2025. The use of the forms specified in this clause must comply with the provisions of the Law on Handling Administrative Violations (amended and supplemented in 2020 and 2025).
| Place of Receipt: - Central Party Committee Secretariat; - Prime Minister, Deputy Prime Ministers; - Ministries, ministerial-level agencies, and agencies under the Government; - Provincial People's Councils, People's Committees of centrally governed cities; - Central Party Office and Party Committees; - General Secretary's Office; - President's Office; - Ethnic Council and Committees of the National Assembly; - National Assembly's Office; - Supreme People's Court; - Supreme People's Procuracy; - State Audit Office; - Vietnam Fatherland Front Central Committee; - Central agencies of political-social organizations; - VPCP: Deputy Chairman, all Vice Chairmen, Assistants to the Prime Minister, Director of the Government Portal, all Departments, Bureaus, subordinate units, Official Gazette; - To be filed: VT, PL (2b). |
PRIME MINISTER DEPUTY PRIME MINISTER DEPUTY PRIME MINISTER (Signed) Le Thanh Long |
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