Consolidated Document number 2749/VBHN-BTP on Inspection and Disciplinary Handling in the Enforcement of Administrative Violation Handling Law

DECREE

INSPECTION AND DISCIPLINARY ACTION IN THE ENFORCEMENT OF LAWS ON ADMINISTRATIVE VIOLATION HANDLING

Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Action in the Enforcement of Laws on Administrative Violation Handling, which took effect from March 31, 2020, was amended and supplemented by:

Decree No. 93/2025/NĐ-CP dated April 26, 2025 of the Government amending and supplementing certain articles of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Action in the Enforcement of Laws on Administrative Violation Handling, which took effect from June 15, 2025.

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

Pursuant to the Civil Servant Law dated November 15, 2010;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Civil Servants and Public Officials Law and the Public Service Staff Law dated November 25, 2019;

Pursuant to the Law on Prevention and Control of Corruption dated November 20, 2018;

Pursuant to the Law on State Compensation Liability dated June 20, 2017;

At the proposal of the Minister of Justice;

The Government promulgates the Decree on Inspection and Disciplinary Action in the Enforcement of Laws on Administrative Violation Handling[1].

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates inspection of the enforcement of laws on administrative violation handling, disciplinary action against persons with authority and responsibility in enforcing laws on administrative violation handling.

Article 2. Applicability

1. Authority and person with authority to inspect the situation of enforcing laws on administrative violation handling; management authority over the enforcement of laws on administrative violation handling.

2. Head of the agency of the person with authority to handle administrative violations, Head of the superior agency directly managing the person with authority to handle administrative violations.

3. Person with authority to handle administrative violations, person with authority to prepare administrative violation records.

4. Organizations and individuals related to the enforcement of laws on administrative violation handling.

Article 3. Purpose of inspection and disciplinary action in the enforcement of laws on administrative violation handling

1. Review and assess the situation of enforcing laws on administrative violation handling; encourage and reward agencies, organizations, and individuals who have achieved results in implementing laws on administrative violation handling; identify limitations, difficulties, inconsistencies, errors, and violations in enforcing laws on administrative violation handling to promptly rectify, address, and remedy them.

2. Prevent and stop violations in enforcing laws on administrative violation handling; strengthen discipline and administrative order in organizing implementation and applying laws to ensure the effectiveness and efficiency of enforcing laws on administrative violation handling.

3. Identify inconsistent, non-synchronized, or unsuitable regulations with reality to promptly amend, supplement, abolish, or issue new regulatory documents on administrative violation handling or other relevant regulatory documents.

Article 4. Principles of inspection and disciplinary action in the enforcement of laws on administrative violation handling

1. Objectivity, transparency, clarity, within the scope of authority, in accordance with the procedures and formalities prescribed by law.

2. Ensuring coordination among related agencies, avoiding overlap with other inspection and supervision activities for the same entity at the same time; not hindering or affecting the normal operation of the inspected entity.

Combining self-inspection by the inspected entity with inspection by the authority and person with authority.

3. Inspection conclusions must be fully and timely implemented by the inspected entity, organizations, and individuals concerned. Any violations, recommendations, and requirements in the inspection conclusion must be promptly addressed, strictly, accurately, and correspondingly to the nature and severity of the violation.

Inspection conclusions must be monitored, urged, and checked for implementation by the person with authority to inspect.

4. The subject with authority to inspect and the inspected entity are determined based on the principles of state administration according to sectors and fields and by territorial jurisdiction.

Chapter II. INSPECTION OF THE ENFORCEMENT OF LAWS ON ADMINISTRATIVE VIOLATION HANDLING

Article 5. Basis and methods for inspection

1. Regular inspections conducted by region, topic, or sector are carried out based on the annual inspection plan when there is one of the following grounds:

a) In accordance with the Prime Minister's directive;

b) At the request of a ministry, agency at the ministerial level, provincial People's Committee, or district People's Committee;

c) At the request of a legal affairs organization under a ministry or agency at the ministerial level based on monitoring the implementation of laws on administrative violations;

d) At the request of the Department of Justice or Judicial Office based on monitoring the implementation of laws on administrative violations;

e) Based on the management requirements for handling administrative violations;

f) When the implementation of laws on administrative violations within the scope of inter-sectoral management encounters many difficulties, obstacles, or inconsistencies, or in complex cases.

2. Surprise inspections are carried out based on management requirements and actual circumstances when there is one of the following grounds:

a) In accordance with the Prime Minister's directive;

b) Upon receiving requests, suggestions from individuals or organizations, or reports from mass media about the inaccurate application of laws on administrative violations, which may infringe upon the legitimate rights and interests of individuals or organizations;

c) Upon discovering obstacles or signs of violation based on reviewing files and documents sent by agencies or persons authorized to handle administrative violations or currently stored and preserved according to regulations;

d) Through monitoring the implementation of laws on administrative violations and discovering signs of violation that may infringe upon the legitimate rights and interests of individuals or organizations.

Article 6. Inspection Authority

1. The Minister of Justice inspects the implementation of laws on administrative violations by ministries, agencies at the ministerial level, People's Committees at all levels, and agencies managing persons authorized to handle administrative violations.

2. The Minister inspects the implementation of laws on administrative violations within their respective sectors and fields of management. The Governor of the State Bank of Vietnam inspects the implementation of laws on administrative violations within the scope assigned to organize and implement.

3. The Chairman of People's Committees at all levels inspects the implementation of laws on administrative violations within their respective areas of management, except for agencies organized under a vertical system located within their area.

4. The Director of the Government Cryptographic Agency inspects the implementation of laws on administrative violations by subordinate agencies and units.

5. Heads of central agencies organized under a vertical system managing persons authorized to handle administrative violations, including: Public Security; Border Guard; Coast Guard; Customs; Taxation; Civil Execution Management Agency; National Treasury; State Bank; Central Statistical Organization System; Social Insurance of Vietnam, and other central agencies organized under a vertical system as prescribed by law inspect the implementation of laws on administrative violations by subordinate agencies and units.

6. For complex cases involving inter-sectoral issues nationwide, the Minister of Justice reports to the Prime Minister for consideration and decision on the responsible agency to lead the inspection process.

Article 7. Powers and responsibilities of the authority issuing inspection decisions

1. The authority issuing inspection decisions has the following powers:

a) To handle within its jurisdiction or to recommend the competent authority to promptly handle cases where agencies, organizations, or individuals fail to comply with or comply inadequately with laws on administrative violations;

b) In case of discovering that laws on administrative violations are incomplete, inconsistent, non-synchronized, unfeasible, or erroneous, to handle within its jurisdiction or to promptly recommend the competent state authority to examine and handle such issues;

c) To reward within its jurisdiction or to recommend the competent authority to promptly reward agencies, organizations, or individuals who effectively and properly comply with laws on administrative violations;

2. The authority issuing inspection decisions has the following responsibilities:

a) To notify the plan, content, and time of inspection; to send the inspection conclusion to the inspected entity;

b) To promptly direct and handle within its jurisdiction situations arising during the inspection process and after its completion based on reports and recommendations from the inspection team leader;

c) To be responsible before the immediate superior head and before the law for issuing the inspection decision and all activities carried out according to the inspection decision;

d) To issue the inspection conclusion.

Article 8. Inspection Team

1.[3] The inspection team is established to carry out inspections pursuant to the decision of the competent authority. The authority to establish the inspection team is implemented as follows:

a) The Minister of Justice, the Chairperson of People's Committees at all levels shall establish inter-sectoral inspection teams and inspection teams for the implementation of laws on administrative violation handling;

b) The inspection authorities specified in Clauses 2, 4, and 5 of Article 6 of this Decree shall establish inspection teams for the implementation of laws on administrative violation handling within their scope and field of management and inter-sectoral inspection teams as directed by the Prime Minister as stipulated in Clause 6 of Article 6 of this Decree.

2.[4] Members of the inspection team include: the team leader, deputy team leader (if necessary), and other members. The composition and number of members of the inspection team are decided by the authority issuing the inspection decision, in accordance with actual circumstances.

3. Members of the inspection team must not be in the period of implementing disciplinary measures or temporarily suspended from work as prescribed by law.

4. A member of the inspection team shall not participate in the inspection team if his/her spouse, children, father, mother, brother, sister, or sibling is the inspected entity or holds a leadership or management position in the organization being directly inspected..

Article 9. Powers and responsibilities of the inspection team

1. Powers of the inspection team:

a) To require the inspected entity to work directly or to appoint a representative to work with the inspection team;

b) To request the inspected entity to provide complete information, files, documents, and explanations related to the inspection content; if necessary, to request the inspected entity to provide evidence and means of violation for verification purposes;

c) If necessary, the inspection team may conduct verification to clarify issues related to the inspection content.

2. Responsibilities of the inspection team:

a) To organize the implementation of the inspection according to the inspection decision;

b) To report the inspection results and propose handling solutions to the authority issuing the inspection decision;

c) To use information; to use, store, and preserve files, documents, evidence, and means related to the inspection content in accordance with the law; not to damage or cause loss of legitimate property of the inspected entity;

d) To return all files, documents, evidence, and means provided by the inspected entity.

Article 10. Responsibilities of the inspection team leader and members of the inspection team

1. The inspection team leader shall be responsible for:

a) Announcing the inspection decision to the inspected entity;

b) Notifying the inspected entity about the composition of the inspection team;

c) Organizing and managing the inspection in accordance with the content of the inspection decision;

d) Assigning specific tasks to members of the inspection team;

đ) Being accountable before the person who issued the inspection decision and before the law regarding the activities of the inspection team;

e) Implementing the reporting system and seeking guidance from the person who issued the inspection decision on issues and contents arising beyond their authority when performing inspection duties;

g) Preparing and signing the inspection record immediately after completing the inspection to document the results of the inspection;

h) Reporting and proposing measures to handle the inspection results to the person who issued the inspection decision along with the inspection file upon completion of the inspection; submitting the inspection conclusion for issuance by the authorized authority;

i) Implementing the provisions at points c and d of Clause 2, Article 9 of this Decree; Points c and d of Clause 2 of Article 9 of this Decree.

2. The inspection team leader may delegate tasks to the deputy team leader.

When delegated by the inspection team leader to perform the leader's tasks, the deputy team leader shall be accountable to the inspection team leader, the person who issued the inspection decision, and before the law regarding the activities of the inspection team; implementing the provisions of Clause 1 of this Article.

3. Members of the inspection team shall be responsible for:

a) Performing inspection tasks according to the assignment and management by the inspection team leader in accordance with the content of the inspection decision;

b) Reporting the results of assigned tasks to the inspection team leader and being accountable for the accuracy and truthfulness of the reported content or proposals;

c) Proposing to the inspection team leader necessary measures to ensure effective and lawful inspection activities;

d) Implementing the provisions at points c and d of Clause 2, Article 9 of this Decree; Points c and d of Clause 2 of Article 9 of this Decree.

Article 11. Contents of inspection on the implementation of laws dealing with administrative violations

Article 11. Content of Inspection on the Implementation of Laws on Administrative Offense Handling

1. Content of Inspection on the Application of Laws on Administrative Penalty:

a) Total number of violations; total number of violations subject to administrative penalties; number of violations subject to administrative penalties in each field of management; number of cases transferred to judicial authorities for criminal prosecution; number of cases transferred by judicial authorities for administrative penalty;

b) Implementation of legal provisions on the authority and procedures for issuing administrative violation records and administrative penalty decisions, confiscation decisions, and application of remedial measures in cases where no administrative penalty decision is issued, and enforcement decisions for administrative penalty decisions;

c) Situation and results of enforcing administrative penalty decisions, confiscation decisions, remedial measure application decisions in cases where no administrative penalty decision is issued, and enforcement decisions for administrative penalty decisions;

đ) Implementation of legal provisions on the authority and procedures for applying preventive measures and ensuring administrative penalties;

e) Management of fines collected from administrative penalties and payment receipts;

g) Storage of administrative penalty case files.

2. Content of Inspection on the Application of Laws on Administrative Measures:

a) Total number of entities subject to administrative measure application requests; number of entities subject to administrative measures;

b) Implementation of legal provisions on the preparation of administrative measure application requests;

c) Situation and results of enforcing administrative measure application decisions;

d) Application of preventive measures and ensuring enforcement of administrative decisions;

đ) Signs of legal violations by those authorized to apply laws on administrative measures and handling complaints and reports in the application of administrative measures;

e) Storage of administrative measure application case files.

3. Content of Inspection on the Performance of Duties in Managing the Implementation of Laws on Administrative Offense Handling:

a) Directive and management work; construction and progress, results of implementing plans for managing the implementation of laws on administrative offense handling;

b) Issuance of regulatory legal documents related to administrative offenses; general situation and results of enforcing laws on administrative offense handling;

c)[5] Organization of work to disseminate, train, and guide the implementation of laws on administrative offense handling within the scope of authority;

d) Allocation of resources and other conditions to ensure the implementation of laws on administrative offense handling; total number of authorized personnel for administrative penalties by position in the agency or unit;

đ) Implementation of statistical and reporting systems on administrative offense handling;

e) Construction and management of databases on administrative offense handling and provision of information for integration into national databases;

g) Implementation of responsibilities of heads of agencies and units in organizing and applying laws on administrative offense handling and related laws.

Article 12. Issuing inspection plans

1. Based on Clause 1 of Article 5 of this Decree, the annual inspection plan must be issued by the competent authority before March 15 each year. In cases of necessity, the competent authority issuing the inspection plan may adjust the inspection plan.

The Minister of Justice shall provide detailed regulations for this clause.

2.[6] Competence to issue inspection plans:

a) The Minister and the Heads of equivalent ministries establish inspection plans within their respective sectors and fields of management, and inspection plans in cases directed by the Prime Minister as stipulated in Clause 1 and Clause 2 of Article 6 of this Decree;

b) Chairpersons of People's Committees at all levels establish inspection plans within their respective areas of management;

c) Heads of agencies and units managing the competent authorities to impose administrative penalties establish inspection plans within their respective sectors and fields of management.

3. The inspection plan includes the following basic contents:

a) Basis for issuing the plan;

b) Inspection subjects;

c) Inspection locations;

d) Inspection contents;

đ) Anticipated inspection time;

e) Implementation budget for inspections;

g) Organizing body.

4. The inspection plan must be sent to the inspection subjects immediately after its issuance.

5.[7] The inspection plan for the implementation of laws on handling administrative violations by the Ministers, Heads of equivalent ministries, Chief Justices of the Supreme People's Court, and Chairpersons of provincial-level People's Committees must be submitted to the Ministry of Justice within ten days from the date of issuance for monitoring, coordination, and implementation organization.

Article 13. Issuing inspection decisions

1.[8] Based on the inspection plan and the basis for inspection as prescribed in Article 5 of this Decree, the competent authority as stipulated in Article 6 of this Decree shall examine and issue inspection decisions.

2.[9] The inspection decision includes the following basic contents:

a) Basis for issuing the decision;

b) Inspection subjects;

c) Inspection period;

d) Full name, position of the team leader, deputy team leader (if any), and members; powers and responsibilities of the inspection team;

đ) Full name, position of the person issuing the inspection decision.

3.[10] The inspection period specified in point c, Clause 2 of this Article shall not exceed fifteen days; in cases of necessity, the competent authority conducting the inspection may extend it by up to ten additional days. The inspection period is the time during which the inspection team directly works with the inspection subjects.

The Minister of Justice shall provide detailed regulations for this clause.

4. The inspection decision must be sent to the inspection subjects at least thirty days before the commencement of the inspection activities.

In case of surprise inspections, the inspection decision must be sent to the inspection subjects immediately after its issuance or handed over directly to the inspection subjects when the inspection activities commence.

Article 14. Conducting inspections

1. The inspection team conducts file inspections, and if necessary, may conduct on-site inspections, verify information and documents; results of law enforcement on handling administrative violations to serve as a basis for concluding inspection contents.

2.[11] The inspection must be recorded in a record to serve as the basis for issuing the inspection conclusion.

The inspection record must include the following basic contents:

a) Date of recording the record;

b) Full name, position of the Head of the inspection team or member of the inspection team assigned to record the inspection;

c) Full name of the individual being inspected; full name, position of the representative of the agency or unit being inspected;

d) Inspection contents;

đ) Collected and provided information and documents;

e) Opinions of the inspection subjects and related agencies or units;

g) Inspection results;

h) Signature of the Head of the inspection team or member of the inspection team assigned and the individual or representative of the agency or unit being inspected.

Article 15. Conclusion of Inspection

1.[12] Within no more than one month from the expiration date of the inspection period, the inspection team drafts the conclusion of inspection and sends it to the inspected entity for comments on the contents of the draft conclusion of inspection. In cases where the draft conclusion of inspection is complex and has a wide scope, this period may be extended but not exceeding two months from the expiration date of the inspection period.

2.[13] Within no more than fifteen days from the date of receiving the draft conclusion of inspection, the inspected entity sends back to the inspection team its written comments on the contents of the draft conclusion of inspection. In cases where the draft conclusion of inspection is complex and has a wide scope, this period may be extended but not exceeding thirty days from the date of receiving the draft conclusion of inspection and must notify the inspection team in writing about the extension.

3.[14] Within no more than one month from the date of receiving the written comments of the inspected entity on the contents of the draft conclusion of inspection or three working days from the expiration date specified in Clause 2 of this Article if the inspection team does not receive the written comments of the inspected entity on the contents of the draft conclusion of inspection, the Head of the inspection team shall submit the conclusion of inspection for issuance by the authorized authority.

The Head of the inspection team signs to issue the conclusion of inspection when authorized by the authorized authority.

4. The conclusion of inspection shall be sent to the inspected entity and relevant agencies, organizations, and individuals immediately after issuance to implement the contents stated in the conclusion of inspection and to make it public in accordance with the provisions of the law.

The Minister of Justice shall provide detailed regulations for this clause.

5.[15. The conclusion of inspection must include the following basic contents: Achievements; existing issues, limitations, and causes of these issues and limitations; clearly identify violations and responsibilities of agencies, organizations, and individuals who violate; recommendations for handling violations and considering disciplinary actions against agencies, organizations, and individuals who violate; deadline for reporting the results of implementing the conclusion of inspection.

6.[16] In cases where regulations on administrative violation handling or other related regulations contain content contrary to the law, inconsistent with higher-level valid regulations; contradictory, overlapping, or unfeasible, no longer suitable for economic and social conditions, the inspection team shall recommend the issuing agency to conduct inspections, reviews, and handle the regulations according to the prescribed procedures.

Article 16. Rights and Responsibilities of the Inspected Entity

1. Rights of the Inspected Entity:

a) To be notified in writing about the plan and decision for inspection;

b) To propose recommendations and explanations regarding the conclusion of inspection;

c) To appeal against the conclusion of inspection and administrative violations by the authorized authority during the inspection and enforcement of laws on administrative violation handling in accordance with the law on appeals;

d) To report violations of the law during the inspection and enforcement of laws on administrative violation handling in accordance with the law on complaints;

e) To refuse requests for information and documents unrelated to the inspection content.

2. Responsibilities of the Inspected Entity:

a) To cooperate and create favorable conditions for the inspection team to perform their tasks during the inspection process;

b) To strictly comply with the information and reporting system as required by the inspection team; to report, provide truthful and timely information and documents; to bear legal responsibility for the content of reports, information, and provided documents; to explain issues related to the inspection content;

c) To comply with the conclusion of inspection; to handle the inspection results based on the recommendations of the inspection team in the conclusion of inspection;

d) To bear responsibility for failing to implement or implementing incorrectly the conclusion of inspection.

Chapter III. IMPLEMENTATION OF INSPECTION CONCLUSIONS; MONITORING, URGING, AND INSPECTING THE IMPLEMENTATION OF INSPECTION CONCLUSIONS

Article 17. Implementation of Inspection Conclusions

1. Upon receipt of the inspection conclusion, the inspected entity, relevant agencies, organizations, and individuals shall be responsible for:[17]

a)[18] Implementing the contents of recommendations stated in the inspection conclusion;

b) In cases where the inspection conclusion includes multiple contents related to the responsibilities of several agencies, organizations, and individuals, the inspected entity must develop a plan to implement the inspection conclusion.

The implementation plan for the inspection conclusion must clearly define the objectives, requirements, timeline, methods, and timeframes for implementing each content in the inspection conclusion, and assign clear responsibilities for each agency, organization, and individual.

The implementation plan for the inspection conclusion must be sent to the authority issuing the inspection conclusion and relevant agencies, organizations, and individuals involved in its implementation.

2. The heads of agencies and organizations that are inspected entities, and the heads of agencies and organizations related to the inspection shall be responsible for:

a) Promptly directing and assigning agencies, organizations, units, and individuals with responsibility to fully implement the contents stipulated in Clause 1 of this Article;

b) Urging units and individuals under their management to implement the inspection conclusion;

c) Ensuring conditions and implementing measures within their authority to ensure strict, full, and timely implementation of the inspection conclusion by units and individuals under their management;

d) Conducting inspections and requesting audits of agencies, organizations, and individuals under their management according to the inspection conclusion;

đ) Handling agencies, organizations, and individuals under their management who violate laws during the implementation of the inspection conclusion.

Article 18. Reporting on the Implementation of Inspection Conclusions

1.[19] The inspected entity shall be responsible for reporting on the implementation of the inspection conclusion within two months from the date of receiving the inspection conclusion or upon receiving a request from the authority issuing the inspection conclusion.

2. The content of the report on the implementation of the inspection conclusion includes:

a) The organization's implementation of the inspection conclusion;

b) Progress and results of the implementation of the inspection conclusion, including completed and unfinished contents;

c) Difficulties and obstacles, causes of difficulties and obstacles during the implementation of the inspection conclusion, and recommendations and proposals;

d) Violations of the law and handling of such violations by relevant agencies, organizations, and individuals during the implementation of the inspection conclusion.

Article 19.[20] (Repealed)

Article 20. Supervision and Urging the Implementation of Inspection Conclusions[21]

1. The authority having the right to inspect according to the provisions of Article 6 of this Decree shall be responsible for supervising and urging the implementation of the inspection conclusions by the inspected entities.

2. Supervision and urging activities are carried out through requiring the inspected entities to report on the implementation of the inspection conclusions and providing supporting documents. If necessary, the authority having the right to inspect may send urging letters or conduct direct meetings with the inspected entities.

3. Based on the results of supervision and urging the implementation of inspection conclusions, the authority having the right to inspect according to the provisions at Article 6 of this Decree shall conduct inspections on the implementation of inspection conclusions according to the provisions at Article 21 of this Decree.

Article 21. Inspection of the Implementation of Inspection Conclusions

1. The authority issuing the inspection conclusion issues a decision to inspect the implementation of the inspection conclusion when there is one of the following grounds:

a) The inspected entity has not completed the implementation of the inspection conclusion and has not reported the results of the implementation of the inspection conclusion or requested an extension (if applicable) beyond the deadline for implementation;

b) The inspected entity does not fulfill the legal obligation to report the results of the implementation of the inspection conclusion;

c) During the process of supervision and urging, signs of disposing of money, evidence, means of administrative violations, destroying documents, non-cooperation, obstruction, or other violations of the law are discovered.

2. The inspection is conducted based on a decision to inspect issued by the authority issuing the inspection conclusion. The inspection decision must specify: Basis for issuing the decision; object, content, scope, and timeframe of the inspection; persons assigned to carry out the inspection. The inspection decision must be sent to the person assigned to carry out the inspection and the inspected entity within three working days from the date of signing. The person assigned to carry out the inspection must conduct the inspection within the latest fifteen days from the date of signing the inspection decision.

3. The maximum duration for inspecting the implementation of the inspection conclusion is five working days from the start of the inspection. If the inspection content is complex and the scope is wide, the maximum duration for the inspection is fifteen days from the start of the inspection.

4. Within the latest three working days from the end of the inspection, the person assigned to carry out the inspection shall be responsible for reporting the results of the inspection to the authority issuing the inspection conclusion. The report shall include the following contents: Evaluation of the situation and results of the inspection; conclusions on the inspection content; recommendations for measures to handle violations of the law and related matters to ensure the implementation of the inspection conclusion.

5. Based on the results of the inspection, the authority issuing the inspection conclusion shall be responsible for:

a) Requesting the head of the direct management agency of the inspected entity to apply measures within their authority to compel the inspected entity to complete the implementation of the inspection conclusion;

b) Applying measures within their authority or recommending competent authorities to apply measures according to the law;

c) Transferring the case to the competent investigative authority for consideration and initiation of criminal proceedings if signs of criminal offenses related to the implementation of the inspection conclusion are discovered.

6.[22] The authority conducting the inspection shall notify the inspected entity in writing about the results and handling of the inspection of the implementation of the inspection conclusion within ten days from the completion of the tasks specified in Clause 5 of this Article.

Chapter IV. DISCIPLINARY ACTION IN THE ENFORCEMENT OF LAWS ON HANDLING ADMINISTRATIVE VIOLATIONS

Article 22. Acts of violation in the implementation of laws on administrative offense handling [23]

1. Retaining a case with signs of criminal offenses for administrative offense handling.

2. Forgery, distortion of administrative offense penalty files, administrative measures application files.

3. Misusing position and authority to harass, demand, receive money or assets from violators; tolerating, shielding, restricting the rights of violators during administrative offense handling.

4. Illegally interfering in administrative offense handling.

5. Not drafting an administrative offense violation record when discovering an administrative offense act as prescribed by law.

6. Drafting an administrative offense violation record beyond authority, not corresponding to the administrative offense act, or not corresponding to the administrative offense violator.

7. Violating the time limit for drafting an administrative offense violation record or violating the time limit for issuing an administrative offense penalty decision.

8. Not issuing an administrative offense penalty decision, not applying administrative measures against violators as prescribed by law, or not confiscating administrative offense objects, means, or not applying remedial measures as stipulated in Clause 2, Article 65 of the Law on Handling Administrative Offenses.

9. Imposing administrative penalties, applying remedial measures, or applying administrative measures beyond authority, procedures (except cases being examined for acts of violation stipulated in Clauses 5, 6, 7, 8, and 10 of this Article), not corresponding to the violator as prescribed by law, or incorrectly, incompletely applying forms of penalties, levels of penalties, remedial measures for administrative offense acts, or failing to apply forms of penalties, remedial measures for administrative offense acts.

10. Incorrectly identifying the administrative offense act when issuing an administrative offense penalty decision, except for cases being examined for acts of violation stipulated in Clause 9 of this Article.

11. Extending the duration of applying administrative measures.

12. Not amending, supplementing, revoking, or issuing new decisions in administrative offense penalties when discovering errors or violations, or not promptly amending, supplementing, revoking, or issuing new decisions in administrative offense penalties.

13. Not monitoring, urging, inspecting, organizing the enforcement of administrative offense penalty decisions, confiscation of administrative offense objects, means, or remedial measure application decisions as prescribed; not organizing coercive enforcement of administrative offense penalty decisions, remedial measure application decisions as prescribed.

14. Using funds collected from administrative offense penalties illegally.

15. Not providing or providing inaccurate, incomplete, untruthful information, documents related to the content of inspections on the implementation of laws on administrative offense handling.

16. Resisting, obstructing inspection personnel, threatening, intimidating information, document providers for inspection teams, causing difficulties for administrative offense handling law implementation inspection activities.

17. Illegally interfering in inspection activities on the implementation of laws on administrative offense handling.

18. Providing, disclosing information, documents, files of inspected entities to organizations and individuals without authority or responsibility.

19. Not implementing or implementing inadequately, inaccurately inspection conclusions on the implementation of laws on administrative offense handling.

20. Neglecting responsibilities in directing the implementation of inspection conclusions on the implementation of laws on administrative offense handling.

Article 23. Application of provisions on disciplinary measures for civil servants, public officials [24]

1. The principles, authority, procedures, formalities, degree of violation, and other related contents regarding the application of disciplinary measures to civil servants, public officials who commit violations in the implementation of laws on administrative offenses shall be carried out in accordance with the provisions of the laws on disciplinary measures for civil servants, public officials.

2. Civil servants, public officials who commit violations and have an attitude of accepting, correcting, and proactively remedying consequences may be considered for mitigation when applying disciplinary measures.

3. Cases that may be considered for exemption from disciplinary responsibility include:

a) Cases prescribed in the Government's Decree on disciplinary measures for civil servants, public officials;

b) Violations of civil servants, public officials arising from the fault of the administrative offense violator;

c) The person issuing the decision in handling administrative offenses conducts self-inspection and discovers errors, and has implemented corrections according to regulations without causing consequences.

Article 24. Reprimand [25]

1. The form of reprimand disciplinary measure shall be applied to civil servants who violate for the first time and cause less serious consequences in one of the following cases:

a) Violating the provisions of the Clauses 1, 3, 6, 7, 9, 10, 13, 14, 15, 18, and 20 of Article 22 of this Decree;

b) Failing to promptly amend, supplement, revoke, or issue new decisions in administrative penalty when discovering errors or violations;

c) Not fully and accurately implementing the conclusions of inspections on the implementation of laws on administrative offenses.

2. The form of reprimand disciplinary measure shall be applied to public officials who violate for the first time and cause less serious consequences in one of the following cases:

a) Violating the provisions of the Clause 3, 6, 14, 15, 18, and 20 of Article 22 of this Decree;

b) Violating the deadline for recording administrative offense reports.

Article 25. Warning [26]

1. The form of warning disciplinary measure shall be applied to civil servants who violate in one of the following cases:

a) Having been previously disciplined with a reprimand under Clause 1 of Article 24 of this Decree and repeat the violation;

b) Violating for the first time and causing serious consequences in one of the cases prescribed at Clause 1 of Article 24 of this Decree;

Clauses 2, 4, 5, 8, 11, 16, and 17 of Article 22 of this Decree c) Violating the provisions of the;

d) Failing to amend, supplement, revoke, or issue new decisions in administrative penalties;

đ) Failing to implement the conclusions of inspections on the implementation of laws on administrative offenses.

2. The form of warning disciplinary measure shall be applied to public officials who violate in one of the following cases:

a) Having been previously disciplined with a reprimand under Clause 2 of Article 24 of this Decree and repeat the violation;

b) Violating for the first time and causing serious or very serious consequences in one of the cases prescribed at Clause 2 of Article 24 of this Decree;

c) Violating the provisions of point c or point đ Clause 1 of this Article;

d) Failing to record an administrative offense report when discovering an administrative offense act according to the law.

Article 26. Reduction in Pay Grade [27]

The form of reduction in pay grade disciplinary measure shall be applied to non-leadership or management civil servants who violate in one of the following cases:

1. Having been previously disciplined with a warning under Clause 1 of Article 25 of this Decree and repeat the violation;

2. Violating for the first time in one of the cases prescribed at Clause 1 of Article 24 of this Decree, causing very serious consequences.

Article 27. Demotion[28]

The form of disciplinary action of demotion shall be applied to civil servants holding leadership or management positions who violate regulations in one of the following cases:

1. Have been subject to disciplinary action in the form of a warning as provided for in Clause 1 of Article 25 of this Decree and repeat the violation;

2. Violating for the first time in one of the cases prescribed at Clause 1 of Article 24 of this Decree, causing very serious consequences.

Article 28. Dismissal[29]

1. The form of disciplinary action of dismissal shall be applied to officials who have been subject to disciplinary action in the form of a warning in one of the cases prescribed in Clause 1 of Article 25 of this Decree and repeat the offense.

2. The form of disciplinary action of dismissal shall be applied to civil servants holding leadership or management positions who violate regulations in one of the following cases:

a) Have been subject to disciplinary action in the form of demotion in one of the cases prescribed in Article 27 of this Decree and repeat the violation;

b) Violate for the first time, causing particularly serious consequences in one of the acts prescribed in Clause 1 of Article 24 of this Decree but not reaching the level of being compelled to terminate employment, the violator has an attitude of accepting, correcting, actively remedying the consequences and having many mitigating circumstances.

3. The form of disciplinary action of dismissal shall be applied to managerial staff who violate regulations in one of the following cases:

a) Have been subject to disciplinary action in the form of a warning in one of the cases prescribed in Clause 2 Article 25 of this Decree and repeat the violation;

b) Violate for the first time in one of the cases prescribed in Clause 2 of Article 24 of this Decree, causing very serious consequences.

Article 29. Compulsory Termination of Employment[30]

1. The form of disciplinary action of compulsory termination of employment shall be applied to civil servants who violate regulations in one of the following cases:

a) Have been subject to disciplinary action in the form of a reduction in pay grade in one of the cases prescribed in Article 26 of this Decree and repeat the violation;

b) Violate for the first time, causing particularly serious consequences in one of the cases prescribed in Clause 1 of Article 24 of this Decree.

2. The form of disciplinary action of compulsory termination of employment shall be applied to civil servants holding leadership or management positions who violate regulations in one of the following cases:

a) Have been subject to disciplinary action in the form of dismissal in one of the cases prescribed in Clause 2 Article 28 of this Decree and repeat the violation;

b) Violate for the first time, causing particularly serious consequences in one of the cases prescribed in Clause 1 of Article 24 of this Decree.

3. The form of disciplinary action of compulsory termination of employment shall be applied to non-managerial staff who violate regulations in one of the following cases:

a) Have been subject to disciplinary action in the form of a warning in one of the cases prescribed in Clause 2 Article 25 of this Decree and repeat the violation;

b) Violate for the first time, causing particularly serious consequences in one of the cases prescribed in Clause 2 of Article 24 of this Decree;

4. The form of disciplinary action of compulsory termination of employment shall be applied to managerial staff who violate regulations in one of the following cases:

a) Have been subject to disciplinary action in the form of dismissal in one of the cases prescribed in Clause 3 Article 28 of this Decree and repeat the violation;

b) Violate for the first time, causing particularly serious consequences in one of the cases prescribed in Clause 2 of Article 24 of this Decree.

Article 29a. Removal[31]

The form of disciplinary action of removal shall be applied to officials in one of the cases prescribed in Point b Clause 2 Article 29 of this Decree.

Chapter V. IMPLEMENTING PROVISIONS[32]

Article 30. Effective Date

1. This Decree takes effect from March 31, 2020. Provisions on disciplinary actions in the implementation of laws on administrative violations at Articles 22, 23, 24, 25, 26, 27, 28 and 29 of this Decree take effect from July 1, 2020.

2. Repeal Article 21 of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing some provisions and measures for implementing the Law on Handling Administrative Violations (amended and supplemented by Decree No. 97/2017/NĐ-CP dated August 18, 2017 of the Government amending and supplementing some articles of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing some provisions and measures for implementing the Law on Handling Administrative Violations).

3. Disciplinary actions against persons authorized to impose penalties and prepare violation records belonging to the People's Army, People's Public Security forces, and personnel engaged in confidential work shall be carried out based on the requirements and recommendations in the inspection conclusions according to relevant laws, except for those in agencies and units of the People's Army but not being officers, professional soldiers, non-commissioned officers, soldiers, defense workers, defense functionaries; those in agencies and units of the People's Public Security but not being officers, non-commissioned officers, conscripted soldiers, public security workers; those in confidential organizations but not engaged in confidential work, which shall be carried out according to this Decree.

Article 31. Responsibility for Implementation

1. The Minister of Justice shall be responsible for detailing and guiding the implementation of the articles, clauses, and points assigned in this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial and centrally-administered city People's Committees, and related agencies, organizations, and individuals shall be responsible for implementing this Decree./.

[1] Decree No. 93/2025/NĐ-CP amending and supplementing some articles of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection, Disciplinary Actions in Implementing Laws on Handling Administrative Violations is based on the following grounds:

“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;

Pursuant to the Civil Servants and Public Officials Law dated November 13, 2008; the Law Amending and Supplementing Certain Provisions of the Civil Servants and Public Officials Law and the Law on Public Service Personnel dated November 25, 2019;

Pursuant to the Civil Servant Law dated November 15, 2010;

At the proposal of the Minister of Justice;

The Government promulgates the Decree amending and supplementing some articles of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection, Disciplinary Actions in Implementing Laws on Handling Administrative Violations.”

[2] This provision is amended and supplemented pursuant to Clause 1, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain provisions of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Administrative Violation Handling Law, which takes effect from June 15, 2025.

[3] This clause is amended and supplemented pursuant to Point a, Clause 2, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain provisions of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Administrative Violation Handling Law, which takes effect from June 15, 2025.

[4] This clause is amended and supplemented pursuant to Point b, Clause 2, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain provisions of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Administrative Violation Handling Law, which takes effect from June 15, 2025.

[5] This point is amended and supplemented pursuant to Clause 3, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain provisions of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Administrative Violation Handling Law, which takes effect from June 15, 2025.

[6] This clause is amended and supplemented pursuant to Point a, Clause 4, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain provisions of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Administrative Violation Handling Law, which takes effect from June 15, 2025.

[7] This clause is added pursuant to Point b, Clause 4, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain provisions of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Administrative Violation Handling Law, which takes effect from June 15, 2025.

[8] This clause is amended and supplemented pursuant to Point a, Clause 5, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain provisions of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Administrative Violation Handling Law, which takes effect from June 15, 2025.

[9] This clause is amended and supplemented pursuant to Point b, Clause 5, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain provisions of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Administrative Violation Handling Law, which takes effect from June 15, 2025.

[10] This clause is amended and supplemented pursuant to Point c, Clause 5, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain provisions of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Administrative Violation Handling Law, which takes effect from June 15, 2025.

[11] This clause is amended and supplemented pursuant to Clause 6, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain provisions of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Administrative Violation Handling Law, which takes effect from June 15, 2025.

[This clause is amended and supplemented pursuant to Point a, Clause 7, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain provisions of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Administrative Violation Handling Law, which takes effect from June 15, 2025.

[13] This clause is amended and supplemented pursuant to Point b, Clause 7, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain provisions of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Administrative Violation Handling Law, which takes effect from June 15, 2025.

[14] This clause is amended and supplemented pursuant to Point c, Clause 7, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain provisions of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Administrative Violation Handling Law, which takes effect from June 15, 2025.

[15] This clause is amended and supplemented pursuant to Point d, Clause 7, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain provisions of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Administrative Violation Handling Law, which takes effect from June 15, 2025.

[16] This clause is amended and supplemented pursuant to Point đ, Clause 7, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain provisions of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Administrative Violation Handling Law, which takes effect from June 15, 2025.

[17] The segment "Within thirty days from the date of receipt of the inspection conclusion, the inspected object, relevant agencies, organizations, and individuals shall be responsible for:" is amended and supplemented by the segment "Immediately upon receipt of the inspection conclusion, the inspected object, relevant agencies, organizations, and individuals shall be responsible for:" pursuant to Point a, Clause 8, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain provisions of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Administrative Violation Handling Law, which takes effect from June 15, 2025.

[18] This point is amended and supplemented pursuant to Point b, Clause 8, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain provisions of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Administrative Violation Handling Law, which takes effect from June 15, 2025.

[19] This provision is amended and supplemented pursuant to Clause 9, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain articles of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Law on Administrative Offense Handling, which takes effect from June 15, 2025.

[20] This provision is repealed pursuant to Article 2 of Decree No. 93/2025/NĐ-CP amending and supplementing certain articles of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Law on Administrative Offense Handling, which takes effect from June 15, 2025.

[21] This provision is amended and supplemented pursuant to Clause 10, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain articles of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Law on Administrative Offense Handling, which takes effect from June 15, 2025.

[22] This provision is amended and supplemented pursuant to Clause 11, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain articles of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Law on Administrative Offense Handling, which takes effect from June 15, 2025.

[23] This provision is amended and supplemented pursuant to Clause 12, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain articles of Decree No. 19/2020/NĐ-CP, which takes effect from June 15, 2025.

[This provision is amended and supplemented pursuant to Clause 13, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain articles of Decree No. 19/2020/NĐ-CP, which takes effect from June 15, 2025.

[25] This provision is amended and supplemented pursuant to Clause 14, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain articles of Decree No. 19/2020/NĐ-CP, which takes effect from June 15, 2025.

[26] This provision is amended and supplemented pursuant to Clause 15, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain articles of Decree No. 19/2020/NĐ-CP, which takes effect from June 15, 2025.

[27] This provision is amended and supplemented pursuant to Clause 16, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain articles of Decree No. 19/2020/NĐ-CP, which takes effect from June 15, 2025.

[28] This provision is amended and supplemented pursuant to Clause 17, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain articles of Decree No. 19/2020/NĐ-CP, which takes effect from June 15, 2025.

[29] This provision is amended and supplemented pursuant to Clause 18, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain articles of Decree No. 19/2020/NĐ-CP, which takes effect from June 15, 2025.

[30] This provision is amended and supplemented pursuant to Clause 19, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain articles of Decree No. 19/2020/NĐ-CP, which takes effect from June 15, 2025.

[31] This provision is added pursuant to Clause 20, Article 1 of Decree No. 93/2025/NĐ-CP amending and supplementing certain articles of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Law on Administrative Offense Handling, which takes effect from June 15, 2025.

[32] Article 3 and Article 4 of Decree No. 93/2025/NĐ-CP amending and supplementing certain provisions of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Laws on Administrative Offense Handling shall take effect from June 15, 2025, and are stipulated as follows:

Article 3. Responsibilities for Implementation

The Minister, Heads of ministerial-level agencies, Chairpersons of provincial People's Committees under central cities, and related agencies shall be responsible for organizing the implementation of this Decree.

Article 4. Implementation provisions

This Decree takes effect from June 15, 2025.”