This Decree amends and supplements some provisions in Decree No. 105/2023/NĐ-CP on administrative violations in the agriculture sector. Specifically, it provides more detailed regulations on the penalty authority of competent agencies such as the Police, Border Guard, Customs, Market Management, Fisheries Inspection, and Forest Protection. At the same time, it also adds new provisions related to handling administrative violations in the electronic environment.
적용 범위
Applicable to competent agencies in the agriculture sector such as the Ministry of Agriculture and Rural Development, Provincial Departments of Agriculture and Rural Development, Police, Border Guard, Customs, Market Management, Fisheries Inspection, and Forest Protection.
핵심 사항
- Amend and supplement provisions related to the penalty authority of competent agencies
- Supplement regulations on handling administrative violations in the electronic environment
- This Decree takes effect from November 17, 2025.
- Provisions related to the penalty authority are detailed and updated to be consistent with current realities.
- Article 58a specifies the application of the provisions of this Decree in the electronic environment according to Articles 28a and 28b of Decree No. 118/2021/NĐ-CP
🌐 이 문서의 사회적 영향
- Enhance the effectiveness of administrative violation handling work
- Improve working procedures, creating favorable conditions for citizens and businesses.
- Develop information technology applications in state management.
❓ 자주 묻는 질문
When does this Decree take effect?
This Decree takes effect from November 17, 2025.
Which competent agencies are granted the authority to impose administrative penalties in the agriculture sector under this Decree?
Competent agencies such as the Police, Border Guard, Customs, Market Management, Fisheries Inspection, and Forest Protection all have the authority to impose administrative penalties in the agriculture sector.
What new provisions does this Decree make regarding the handling of administrative violations in the electronic environment?
Article 58a of the Decree supplements specific provisions on the application of the provisions of this Decree in the electronic environment according to Articles 28a and 28b of Decree No. 118/2021/NĐ-CP.
전문
|
THE GOVERNMENT |
SOCIALIST REPUBLIC OF VIET NAM |
|
Number: 301/2025/NĐ-CP |
Hanoi, November 17, 2025 |
DECREE
Amending and supplementing certain articles of Decree No. 38/2024/NĐ-CP dated April 5, 2024 of the Government on administrative penalties in the field of fisheries
Pursuant to Law on Government Organization No. 63/2025/QH15;
Pursuant to Law on Handling Administrative Violations No. 15/2012/QH13 amended and supplemented by Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law No. 11/2022/QH15, and Law No. 88/2025/QH15;
Pursuant to Fisheries Law No. 18/2017/QH14;
At the proposal of the Minister of Agriculture and Rural Development;
The Government promulgates this Decree amending and supplementing certain articles of Decree No. 38/2024/NĐ-CP dated April 5, 2024 of the Government on administrative penalties in the field of fisheries.
Article 1. Supplementing Points r, s, t, u, and Point v after Point q Clause 3 Article 4 as follows:
“r) Compelling the installation of complete communication equipment on fishing vessels;
s) Compelling the repair of technical faults of the vessel tracking device;
t) Compelling the repair of signal failures of the vessel tracking device;
u) Compelling the submission of full voyage monitoring data from fishing vessels to the Fishing Vessel Monitoring System;
v) Compelling the installation of a vessel tracking device on fishing vessels by the vessel owner.”
Article 2. Amending and supplementing Clause 4 Article 5 as follows:
“4. The imposition of administrative penalties against entities committing violations stipulated in Article 20; Clauses 4, 5, 6, and 7 of Article 21; Clauses 1, 2, 3, and 4 of Article 23; Clause 3, Point a, Point c Clause 5, and Clause 6 of Article 35 of this Decree shall be carried out as follows:
a) In cases where the vessel owner is not simultaneously the captain of the vessel, each violator will be subject to corresponding forms of penalty and measures to remedy the consequences for their respective violations;
b) In cases where the vessel owner is simultaneously the captain of the vessel, only the principal form of penalty will be applied to the vessel owner, while all supplementary forms of penalty and measures to remedy the consequences for the violation will be fully applied.”
Article 3. Supplementing Clauses 9, 10, 11, and 12 after Clause 8 Article 5 as follows:
“9. The basis for handling administrative violations concerning the act stipulated in Point b Clause 3 Article 20 of this Decree (except in cases of arrest and handling in overlapping maritime areas, undelineated maritime areas, or historical waters between Vietnam and other countries or territories) includes one of the following documents:
a) Judgment or decision of the competent national authority arresting and handling illegal fishing activities without reporting and in contravention of regulations;
b) Confirmation document of the Ministry of Foreign Affairs or diplomatic mission of Vietnam abroad regarding the arrest and handling of Vietnamese fishing vessels and fishermen for illegal fishing in the territorial waters of another country or territory. The confirmation document must include the following main information: coordinates of the location of the violating vessel; registration number of the fishing vessel; the violation being handled; name, information about the captain and crew members; name, information about the vessel owner (if applicable); other related information, documents, and images.”
10. In cases where the vessel tracking device of a fishing vessel loses connection signals multiple times during the same voyage and the vessel owner or captain fails to report the position to shore within six hours each time, the violation will be penalized according to the provisions at Point a Clause 3, Point a Clause 6 Article 35, and aggravating circumstances for repeated administrative violations will be applied.
11. During the verification and handling process, if acts of dismantling, storing, or transporting illegally two or more vessel tracking devices of other fishing vessels are discovered, the case file will be transferred to the competent authority for criminal investigation and prosecution in accordance with the law.
12. Determining the responsibility for verifying and handling administrative violations associated with the offending means of transport being a fishing vessel shall be applied according to the following principle:
a) In cases where the fishing vessel is operating at sea, the first authority or law enforcement force to discover and detain the vessel shall be responsible for leading the verification and handling process, and simultaneously inform the local fisheries management agency of the registered place of the vessel about the acceptance and handling of the violation;
b) In cases where the fishing vessel has returned to shore, the local authority or law enforcement force of the area where the vessel is moored shall be responsible for leading the verification and handling process, and simultaneously inform the local fisheries management agency of the registered place of the vessel about the acceptance and handling of the violation.”
Article 4. Amend and supplement Article 20 as follows:
"Article 20. Serious violations in fishing activities
1. A fine of from VND 300,000,000 to VND 500,000,000 shall be imposed on the owner of fishing vessels violating any of the following acts:
a) Using fishing vessels with a maximum length of from 15 meters to less than 24 meters to fish without a Fishing Permit or a Fishing Permit that has expired;
b) Using fishing vessels with a maximum length of 24 meters or more to survey, search for, attract, transport aquatic products for fishing vessels without a Fishing Permit or a Fishing Permit that has expired;
c) Failing to maintain communication of information from the vessel's voyage monitoring device to the fishing vessel monitoring system as prescribed when operating fishing vessels with a maximum length of 24 meters or more;
d) Disabling the voyage monitoring device on fishing vessels with a maximum length of 24 meters or more while operating;
đ) Not having a voyage monitoring device on fishing vessels with a maximum length of 24 meters or more while operating;
e) Not maintaining a fishing logbook or a logbook of purchasing and transferring aquatic products for fishing vessels with a maximum length of 24 meters or more in cases of recidivism or multiple administrative violations;
g) Failing to maintain communication of information from the vessel's voyage monitoring device to the fishing vessel monitoring system as prescribed when operating fishing vessels with a maximum length of from 15 meters to less than 24 meters in cases of recidivism or multiple administrative violations;
h) Disabling the voyage monitoring device on fishing vessels with a maximum length of from 15 meters to less than 24 meters while operating in cases of recidivism or multiple administrative violations;
i) Not having a voyage monitoring device on fishing vessels with a maximum length of from 15 meters to less than 24 meters while operating in cases of recidivism or multiple administrative violations.
2. A fine of from VND 500,000,000 to VND 700,000,000 shall be imposed on the owner of fishing vessels violating any of the following acts:
a) Using fishing vessels with a maximum length of from 15 meters to less than 24 meters to fish without a Fishing Permit or a Fishing Permit that has expired in cases of recidivism or multiple administrative violations;
b) Using fishing vessels with a maximum length of 24 meters or more to transfer aquatic products from fishing vessels without a Fishing Permit or a Fishing Permit that has expired or assisting in the operation of surveying, searching for, attracting, transporting aquatic products for fishing vessels determined to have engaged in illegal fishing in cases of recidivism or multiple administrative violations;
c) Failing to maintain communication of information from the vessel's voyage monitoring device to the fishing vessel monitoring system as prescribed when operating fishing vessels with a maximum length of 24 meters or more in cases of recidivism or multiple administrative violations;
d) Disabling the voyage monitoring device on fishing vessels with a maximum length of 24 meters or more while operating in cases of recidivism or multiple administrative violations;
đ) Not having a voyage monitoring device on fishing vessels with a maximum length of 24 meters or more while operating in cases of recidivism or multiple administrative violations;
e) Concealing, falsifying, or destroying evidence of violation of regulations on fishing and protecting aquatic resources;
g) Exceeding the fishing quota permitted by the Regional Fisheries Management Organization;
3. A fine of from VND 800,000,000 to VND 1,000,000,000 shall be imposed on the owner of fishing vessels violating any of the following acts:
a) Using fishing vessels with a maximum length of 24 meters or more to fish without a Fishing Permit or a Fishing Permit that has expired;
b) Fishing in the waters of another country or territory or in waters under the management of the Regional Fisheries Management Organization without a Fishing Permit or a Fishing Permit that has expired or without approval or approval that has expired;
c) Operating foreign fishing vessels in Vietnam's waters without a Fishing Permit or a Fishing Permit that has expired;
d) Engaging in unauthorized fishing using stateless fishing vessels or vessels of non-member states in waters under the management of the Regional Fisheries Management Organization;
đ) Engaging in fishing in international waters not under the management of the Regional Fisheries Management Organization without complying with regulations on fishing and protecting aquatic resources;
e) Fishing in violation of regulations in waters under the management of the Regional Fisheries Management Organization;
g) Concealing, falsifying, or destroying evidence of violation of regulations on fishing and protecting aquatic resources in cases of recidivism;
h) Exceeding the fishing quota permitted by the Regional Fisheries Management Organization in cases of recidivism.
4. A fine shall be imposed on the master of fishing vessels violating any of the following acts:
a) Imposing a fine equivalent to the fine imposed on the owner of the fishing vessel for the acts prescribed in points c, d, đ, g, h, i Clause 1, points c, d, đ Clause 2, and point b Clause 3 of this Article;
b) A fine of from VND 100,000,000 to VND 200,000,000 shall be imposed for the acts prescribed in points a, b, and e Clause 1 of this Article;
c) A fine of from VND 250,000,000 to VND 300,000,000 shall be imposed for the acts prescribed in points a, b, e, g Clause 2 of this Article;
d) A fine of from VND 300,000,000 to VND 500,000,000 shall be imposed for the acts prescribed in points a, d, đ, e, g, h Clause 3 of this Article.
đ) A fine of from VND 500,000,000 to VND 700,000,000 shall be imposed for failing to record fishing logs or recording inaccurately compared to the requirements of the Regional Fisheries Management Organization or reporting falsely as prescribed by the Regional Fisheries Management Organization when operating in waters under the management of the Regional Fisheries Management Organization.
5. Additional forms of punishment:
a) Confiscation of the catch for violations prescribed in points a, b, e, g, h, i Clause 1, points a, b, c, d, đ, and g Clauses 2 and 3 of this Article;
b) Confiscation of the fishing vessel for violations prescribed in points b, c, d, đ, and e Clause 3 of this Article;
c) Revoke the right to use certificates and licenses for fishing vessel captains from six months to twelve months for violations specified in points c, d, g, h, clause 1, point c and point d, clause 2, and clause 4 of this Article;
d) Revoke the right to use Fishing Exploitation Licenses from six months to twelve months for violations specified in point g, clause 2, point d and point e, clause 3 of this Article. Revoke the right to use Fishing Exploitation Licenses from twelve months to sixteen months for violations specified in point h, clause 3 of this Article.
6. Measures to remedy consequences:
a) Compel the owner of the fishing vessel to pay the expenses for bringing Vietnamese citizens seized and processed by foreign competent authorities back to the country for violations specified in point b, clause 3 of this Article;
b) Compel the owner of the fishing vessel to install voyage monitoring equipment on the fishing vessel for violations specified in points đ, i, clause 1, and point đ, clause 2 of this Article.”
Article 5. Amend and supplement Article 21 as follows:
“Article 21. Violations concerning fishing areas
1. Fine from VND 10,000,000 to VND 20,000,000 for the captain of a fishing vessel with a maximum length under 12 meters who engages in fishing in the coastal waters of another province or centrally governed city, except where there is an agreement between the People's Committees of the two provinces or centrally governed cities.
2. Fine from VND 20,000,000 to VND 30,000,000 for the captain of a fishing vessel with a maximum length under 12 meters who engages in fishing in the estuarine or open sea areas.
3. Fine from VND 30,000,000 to VND 40,000,000 for the captain of a fishing vessel with a maximum length from 12 meters to under 15 meters who engages in fishing in the coastal or open sea areas.
4. Fine from VND 50,000,000 to VND 70,000,000 for the owner and captain of a fishing vessel with a maximum length from 15 meters to under 24 meters who engages in fishing in the coastal or estuarine areas.
5. Fine from VND 80,000,000 to VND 100,000,000 for the owner and captain of a fishing vessel with a maximum length of 24 meters or more who engages in fishing in the coastal or estuarine areas.
6. Fine twice the amount specified in clauses 2 to 5 of this Article for using a fishing vessel engaged in trawling or light-fishing (excluding squid fishing) in the coastal areas.
7. Fine the owner and captain of a fishing vessel for using a fishing vessel to exceed the permitted fishing area at sea without approval documentation as follows:
a) Fine from VND 30,000,000 to VND 50,000,000 for vessels with a maximum length under 12 meters;
b) Fine from VND 50,000,000 to VND 100,000,000 for vessels with a maximum length from 12 meters to under 15 meters;
c) Fine from VND 100,000,000 to VND 150,000,000 for vessels with a maximum length from 15 meters to under 24 meters;
d) Fine from VND 150,000,000 to VND 200,000,000 for vessels with a maximum length of 24 meters or more.
8. Additional forms of punishment:
a) Confiscate the fish caught for violations specified in this Article;
b) Revoke the right to use certificates and licenses for fishing vessel captains from three months to six months for violations specified in clauses 1, 2, and 3 of this Article;
c) Revoke the right to use certificates and licenses for fishing vessel captains from six months to twelve months for violations specified in clauses 4, 5, 6, and 7 of this Article;
d) Revoke the right to use Fishing Exploitation Licenses from six months to twelve months for violations specified in clauses 1, 2, 3, 4, 5, 6, and 7 of this Article.”.
Article 6. Add Point c following Point b of Clause 4 of Article 22 as follows:
"c) Revoke the right to use the Fishing Exploitation Permit for a period of six months to twelve months for acts violating the provisions set forth in Clause 2 and Clause 3 of this Article."
Article 7. Add the phrase "the owner of fishing vessels and the captain of fishing vessels when implementing" following the phrase "for" in the heading of Clauses 1, 2, 3, and 4, and add Point d following Point c of Clause 5 of Article 23 as follows:
1. Add the phrase "the owner of fishing vessels and the captain of fishing vessels when implementing" following the phrase "for" in the heading of Clauses 1, 2, 3, and 4 of Article 23.
2. Add Point d following Point c of Clause 5 of Article 23 as follows:
"d) Revoke the right to use the Fishing Exploitation Permit for a period of six months to twelve months for acts violating the provisions set forth in Points b of Clause 1, Points b of Clause 2, and Points b of Clause 3 of this Article."
Article 8. Amend and supplement Clause 5 of Article 25 as follows:
"5. Forms of supplementary penalties:
a) Revoke the right to use certificates and licenses for fishing vessel captains for a period of three months to six months for acts violating the provisions set forth in Clauses 1, 2, 3, and Clause 4 of this Article;
b) Revoke the right to use the Fishing Exploitation Permit for a period of six months to twelve months for acts violating the provisions set forth in Clauses 1, 2, 3, and Clause 4 of this Article."
Article 9. Amend and supplement Article 35 as follows:
"Article 35. Violations of regulations on communication equipment and voyage monitoring devices on fishing vessels
1. Fine from VND 3,000,000 to VND 5,000,000 for the owner of fishing vessels who remove the voyage monitoring device on fishing vessels when the vessels are not operating at sea without being monitored as prescribed.
2. Fine the owner of fishing vessels who fail to install or install insufficient communication equipment on fishing vessels according to the following levels of fines:
a) Fine from VND 1,000,000 to VND 2,000,000 for fishing vessels with a maximum length under 12 meters;
b) Fine from VND 3,000,000 to VND 5,000,000 for fishing vessels with a maximum length from 12 meters to under 15 meters;
c) Fine from VND 5,000,000 to VND 10,000,000 for fishing vessels with a maximum length from 15 meters to under 24 meters;
d) Fine from VND 10,000,000 to VND 15,000,000 for fishing vessels with a maximum length of 24 meters or more.
3. Fine the owner of fishing vessels and the captain for violations of the following acts:
a) Fine from VND 30,000,000 to VND 40,000,000 for failing to report the position back to shore every six hours in case the voyage monitoring device is damaged or cannot transmit information and data from the fishing vessel to the Fishing Vessel Monitoring System while the vessel is operating for fishing vessels with a maximum length from 15 meters to under 24 meters;
b) Fine from VND 40,000,000 to VND 50,000,000 for failing to bring the vessel back to port within ten days from when the voyage monitoring device on the fishing vessel is damaged for repair for fishing vessels with a maximum length from 15 meters to under 24 meters (except in cases where within ten days the voyage monitoring device on the fishing vessel has transmitted information and data to the Fishing Vessel Monitoring System, the owner and captain have reported positions fully in accordance with regulations).
4. Fine the entity providing voyage monitoring devices on fishing vessels from VND 30,000,000 to VND 50,000,000 for violations of the following acts:
a) Failure to report or reporting inaccurately about the installation of voyage monitoring devices on fishing vessels or failure to report in writing before providing voyage monitoring devices to the management agency as prescribed;
b) Failure to implement lead sealing when installing voyage monitoring devices on fishing vessels as prescribed or failure to notify the lead seal model to the management agency as prescribed or installing voyage monitoring devices on fishing vessels not in accordance with regulations;
c) Failure to secure voyage monitoring data on fishing vessels as prescribed;
d) Updating inaccurate information about the vessel, owner, and equipment monitoring code into the fishing vessel monitoring software as prescribed;
đ) Replacing the lead seal of the voyage monitoring device installed on the fishing vessel without reporting to the competent authority;
e) Failure to cooperate during the process of handling violations when requested by the competent authority.
5. Fine from VND 50,000,000 to VND 100,000,000 for organizations and individuals who violate the following acts:
a) Removing the voyage monitoring device on fishing vessels when the vessels are operating at sea without being monitored as prescribed but not reaching the level of criminal prosecution;
b) Storing or transporting illegally the voyage monitoring device of another fishing vessel but not reaching the level of criminal prosecution;
c) Sending illegally the voyage monitoring device of a fishing vessel.
6. Fine the owner of fishing vessels and the captain for violations of the following acts:
a) Fine from VND 100,000,000 to VND 300,000,000 for failing to report the position back to shore every six hours in case the voyage monitoring device is damaged or cannot transmit information and data from the fishing vessel to the Fishing Vessel Monitoring System while the vessel is operating for fishing vessels with a maximum length of 24 meters or more;
b) Fine from VND 100,000,000 to VND 300,000,000 for failing to maintain the transmission of information from the voyage monitoring device on the fishing vessel to the Fishing Vessel Monitoring System as prescribed while operating for fishing vessels with a maximum length from 15 meters to under 24 meters;
c) Fine from VND 100,000,000 to VND 300,000,000 for deactivating the voyage monitoring device on the fishing vessel while operating for fishing vessels with a maximum length from 15 meters to under 24 meters;
d) Fine from VND 100,000,000 to VND 300,000,000 for not having a voyage monitoring device on the fishing vessel while operating for fishing vessels with a maximum length from 15 meters to under 24 meters;
đ) Fine from VND 300,000,000 to VND 400,000,000 for failing to bring the vessel back to port within ten days from when the voyage monitoring device on the fishing vessel is damaged for repair for fishing vessels with a maximum length of 24 meters or more (except in cases where within ten days the voyage monitoring device on the fishing vessel has transmitted information and data to the Fishing Vessel Monitoring System, the owner and captain have reported positions fully in accordance with regulations).
7. Fine the entity providing voyage monitoring devices on fishing vessels from VND 100,000,000 to VND 300,000,000 for violations of the following acts:
a) Failing to comply with the competent authority's request to rectify signal faults of vessel monitoring equipment provided by their own unit;
b) Providing vessel tracking devices installed on fishing vessels that do not meet technical requirements as prescribed;
c) Not sending or sending incomplete voyage monitoring data of fishing vessels that have not been sent to the Fishing Vessel Monitoring Data Center under the state management agency for fisheries under the Ministry of Agriculture and Rural Development as prescribed.
8. Additional forms of punishment:
a) Revoking the right to use certificates and licenses for fishing vessel captains from six months to twelve months for violations stipulated in Clauses 3, 5, and 6 of this Article.
b) Revoking the right to use fishing permits from ten months to fourteen months for violations stipulated in Clause 5 of this Article.”
9. Remedial measures
a) Compelling the installation of complete communication equipment on fishing vessels for the violation stipulated in Clause 2 of this Article;
b) Compelling the rectification of signal faults of vessel tracking devices on fishing vessels for the violation stipulated in Point a, Clause 7 of this Article;
c) Compelling the submission of complete voyage monitoring data of fishing vessels to the Fishing Vessel Monitoring System for violations stipulated in Point c, Clause 7 of this Article;
d) Compelling the captain of fishing vessels to install voyage monitoring devices on fishing vessels for violations stipulated in Point d, Clause 6 of this Article.”
Article 10. Amending and supplementing Article 36 as follows:
“Article 36. Violations concerning marking of fishing vessels
1. A fine of from three million dong to five million dong shall be imposed on the owner of a fishing vessel who fails to mark the fishing vessel for identification or marks it incorrectly in cases where the fishing vessel has a maximum length of six meters to less than twelve meters.
2. A fine of from five million dong to seven million dong shall be imposed on the owner of a fishing vessel who fails to mark the fishing vessel for identification or marks it incorrectly in cases where the fishing vessel has a maximum length of twelve meters to less than fifteen meters for fishing activities.
3. A fine of from seven million dong to ten million dong shall be imposed on the owner of a fishing vessel who fails to mark the fishing vessel for identification or marks it incorrectly in cases where the fishing vessel has a maximum length of fifteen meters to less than twenty-four meters for fishing activities.
4. A fine of from ten million dong to twenty million dong shall be imposed on the owner of a fishing vessel who fails to mark the fishing vessel for identification or marks it incorrectly in cases where the fishing vessel has a maximum length of twenty-four meters or more for fishing activities.”.
Article 11. Amending and supplementing some clauses of Article 37 as follows:
1. Amending and supplementing Clause 2 of Article 37 as follows:
“2. A fine of from two million dong to four million dong shall be imposed on the owner of a fishing vessel who writes the registration number of the fishing vessel incorrectly.”.
2. Supplementing Clause 6a after Clause 6 of Article 37 as follows:
“6a. A fine of from thirty million dong to fifty million dong shall be imposed on the owner of a fishing vessel who fails to write the registration number of the fishing vessel or writes the registration number of the fishing vessel incorrectly compared to the fishing vessel number issued by the competent authority.”.
Article 12. Repealing Point b, Clause 1 of Article 39.
Article 13. Amending and supplementing Clause 4 of Article 39 as follows:
“4. A fine of from twenty million dong to thirty million dong shall be imposed on any of the following acts:
a) Occupying areas of land, water, or port works;
b) Fishing vessels with a maximum length of fifteen meters or more failing to dock at designated ports listed in the Designated Port List for fishing vessels operating in offshore waters to load or unload aquatic products.”.
Article 14. Amend and supplement Clause 3 and Clause 4 of Article 41 as follows:
“3. Imposing a fine for the acts of collecting, purchasing, selling, storing, processing, and preparing seafood derived from illegal exploitation; collecting, purchasing, selling, transporting, storing, processing, and preparing aquatic species not listed in the permitted business directory in Vietnam as follows:
a) A fine of VND 20,000,000 to VND 40,000,000 if the quantity of seafood is less than 200 kg;
b) A fine of VND 50,000,000 to VND 100,000,000 if the quantity of seafood is from 200 kg to less than 500 kg;
c) A fine of VND 100,000,000 to VND 200,000,000 if the quantity of seafood is from 500 kg to less than 1,000 kg;
d) A fine of VND 200,000,000 to VND 300,000,000 if the quantity of seafood is 1,000 kg or more.
4. Additional forms of administrative punishment:
a) Confiscating endangered, precious, and rare aquatic species, aquatic products, and parts thereof for violations stipulated in Clause 1, Clause 2, and Clause 3 of this Article. Confiscate seafood derived from illegal exploitation for violations stipulated in Clause 3 of this Article;
b) Suspending operations for one to three months for organizations violating the provisions of Clause 3 of this Article;
c) Revoking the right to use the Fishing Vessel Registration Certificate for three to six months for the act of collecting or storing seafood derived from illegal exploitation or aquatic species not listed in the permitted business directory in Vietnam for violations stipulated in Clause 3 of this Article.”
Article 15. Amend and supplement Point a Clause 1 of Article 42 as follows:
“a) Not submitting documents for inspection and supervision or not implementing declaration or submitting incorrect information as required for imported seafood derived from exploitation transported by container ships;”
Article 16. Repeal Clause 4 of Article 42.
Article 17. Amend and supplement Article 45 as follows:
“Article 45. Competence to issue administrative violation records
1. The person authorized to impose administrative penalties as stipulated in Articles 46, 46a, 47, 48, 49, 50, 51, 53, and 54 of this Decree has the authority to issue administrative violation records for violations stipulated in this Decree.
2. Personnel belonging to the People's Army and People's Public Security forces within the agencies stipulated in Articles 47, 48, and 49 of this Decree while performing their duties; civil servants and public officials belonging to agencies responsible for state management in the field of aquaculture while performing their duties.”
Article 18. Amend and supplement Article 46 as follows:
“Article 46. Authority of the Chairman of the People's Committee
1. The Chairman of the People's Committee of communes, wards, and special zones (hereinafter referred to collectively as commune level) has the power:
a) To impose a fine up to VND 500,000,000;
b) To revoke the right to use licenses or certificates of practice for a limited period or suspend activities for a limited period;
c) To confiscate objects and means of administrative violations;
d) To apply measures to remedy consequences as stipulated in Clause 1 of Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures as stipulated in Clause 3 of Article 4 of this Decree;
2. The Chairman of the People's Committee of provinces and cities (hereinafter referred to collectively as provincial level) has the power:
a) To impose a fine up to VND 1,000,000,000;
b) To revoke the right to use licenses or certificates of practice for a limited period or suspend activities for a limited period;
c) To confiscate objects and means of administrative violations;
d) To apply measures to remedy consequences as stipulated in Clause 1 of Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures as stipulated in Clause 3 of Article 4 of this Decree.”
Article 19. Supplement Article 46a following Article 46 as follows:
"Article 46a. The authority of the Heads of agencies performing state management tasks by sector and some other positions
1. The Director of the Central Region Quality, Processing and Market Development Division; the Director of the Southern Region Quality, Processing and Market Development Division under the Quality, Processing and Market Development Department; the Director of the Livestock, Veterinary, Agricultural and Aquatic Product Quality Management Division under the Department of Agriculture and Environment have the right:
a) To impose a fine up to VND 500,000,000;
b) To revoke the right to use licenses or certificates of practice for a limited period or suspend activities for a limited period;
c) To confiscate objects and means of administrative violations;
d) To apply the measures to remedy consequences prescribed in Clause 1, Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures prescribed in Clause 3, Article 4 of this Decree.
2. The Director of the Department of Agriculture and Environment, the Head of the Fisheries Inspection Team under the Fisheries Control Bureau, the Director of the Animal Health and Veterinary Bureau, the Director of the Quality, Processing and Market Development Bureau have the right:
a) To impose fines up to VND 800,000,000;
b) To revoke the right to use licenses or certificates of practice for a limited period or suspend activities for a limited period;
c) To confiscate objects and means of administrative violations;
d) To apply the measures to remedy consequences prescribed in Clause 1, Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures prescribed in Clause 3, Article 4 of this Decree.
3. The Director of the Animal Health and Veterinary Bureau, the Director of the Quality, Processing and Market Development Bureau, the Head of the inspection team under the Ministry of Agriculture and Environment have the right:
a) To impose a fine up to VND 1,000,000,000;
b) To revoke the right to use licenses or certificates of practice for a limited period or suspend activities for a limited period;
c) To confiscate objects and means of administrative violations;
d) To apply measures to remedy consequences as stipulated in Clause 1 of Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures as stipulated in Clause 3 of Article 4 of this Decree.”
Article 20. Amend and supplement Article 47 as follows:
"Article 47. The authority of the People's Public Security
"1. Public Security officers on duty have the right:
a) To impose fines up to VND 100,000,000;
b) To confiscate administrative violation objects and means with a value not exceeding VND 200,000,000.
2. The head of the Mobile Police Company have the right to:
a) To impose fines up to VND 200,000,000;
b) To confiscate administrative violation objects and means with a value not exceeding VND 400,000,000.
3. The police station chief, the head of the Mobile Police Company, the water team leader, the station chief, the team leader have the right to:
a) To impose fines up to VND 300,000,000;
b) To revoke the right to use licenses or certificates of practice for a limited period or suspend activities for a limited period;
c) To confiscate administrative violation objects and means with a value not exceeding VND 600,000,000;
d) To apply the remedial measures prescribed at points a, c, d and e of Clause 1, Article 28 of the Law on Handling Administrative Violations.d) To apply the remedial measures prescribed in Clause 1, Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures prescribed in Clause 3, Article 4 of this Decree.
4. The village police chief have the right to:
a) To impose a fine up to VND 500,000,000;
b) To revoke the right to use licenses or certificates of practice for a limited period or suspend activities for a limited period;
c) To confiscate objects and means of administrative violations;
5. The Head of the International Airport Customs Gate Police; the Head of the business units under the Internal Security Bureau; the Head of the business units under the Internal Political Security Bureau; the Head of the business units under the Economic Security Bureau; the Head of the business units under the Traffic Administration Police Bureau; the Head of the business units under the Fire Prevention, Fighting and Rescue Bureau; the Head of the business units under the Cybersecurity and High-Tech Crime Prevention Bureau; the Head of the business units under the Immigration Management Bureau; the Head of the business units under the Case File Management Bureau; the Head of the Provincial Public Security Departments including: the Head of the Internal Security Bureau, the Head of the Internal Political Security Bureau, the Head of the Traffic Administration Police Bureau, the Head of the Social Order Crime Investigation Bureau, the Head of the Corruption, Economy, Smuggling, Environmental Crime Investigation Bureau, the Head of the Drug Crime Investigation Bureau, the Head of the Traffic Police Bureau, the Head of the Mobile Police Bureau, the Head of the Criminal Enforcement and Judicial Support Bureau, the Head of the Fire Prevention, Fighting and Rescue Bureau, the Head of the Cybersecurity and High-Tech Crime Prevention Bureau, the Head of the Immigration Management Bureau, the Head of the Economic Security Bureau, the Head of the Foreign Security Bureau, the Head of the Case File Management Bureau, the Chief of the Office of the Provincial Public Security Investigation Bureau have the right:
7. The Director of the Internal Political Security Bureau, the Director of the Economic Security Bureau, the Chief of the Investigation Bureau Office under the Ministry of Public Security, the Director of the Traffic Administration Police Bureau, the Director of the Social Order Crime Investigation Bureau, the Director of the Corruption, Economy, Smuggling Crime Investigation Bureau, the Director of the Drug Crime Investigation Bureau, the Director of the Traffic Police Bureau, the Director of the Fire Prevention, Fighting and Rescue Bureau, the Director of the Environmental Crime Prevention Bureau, the Director of the Cybersecurity and High-Tech Crime Prevention Bureau, the Director of the Internal Security Bureau, the Director of the Community Criminal Enforcement and Custody Bureau, the Director of the Case File Management Bureau, the Commander of the Mobile Police Force have the right:
a) To impose fines up to VND 800,000,000;
b) To revoke the right to use licenses or certificates of practice for a limited period or suspend activities for a limited period;
c) To confiscate objects and means of administrative violations;
5. The Head of the International Airport Customs Gate Police; the Head of the business units under the Internal Security Bureau; the Head of the business units under the Internal Political Security Bureau; the Head of the business units under the Economic Security Bureau; the Head of the business units under the Traffic Administration Police Bureau; the Head of the business units under the Fire Prevention, Fighting and Rescue Bureau; the Head of the business units under the Cybersecurity and High-Tech Crime Prevention Bureau; the Head of the business units under the Immigration Management Bureau; the Head of the business units under the Case File Management Bureau; the Head of the Provincial Public Security Departments including: the Head of the Internal Security Bureau, the Head of the Internal Political Security Bureau, the Head of the Traffic Administration Police Bureau, the Head of the Social Order Crime Investigation Bureau, the Head of the Corruption, Economy, Smuggling, Environmental Crime Investigation Bureau, the Head of the Drug Crime Investigation Bureau, the Head of the Traffic Police Bureau, the Head of the Mobile Police Bureau, the Head of the Criminal Enforcement and Judicial Support Bureau, the Head of the Fire Prevention, Fighting and Rescue Bureau, the Head of the Cybersecurity and High-Tech Crime Prevention Bureau, the Head of the Immigration Management Bureau, the Head of the Economic Security Bureau, the Head of the Foreign Security Bureau, the Head of the Case File Management Bureau, the Chief of the Office of the Provincial Public Security Investigation Bureau have the right:
6. The provincial public security director have the right to:
a) To impose a fine up to VND 1,000,000,000;
b) To revoke the right to use licenses or certificates of practice for a limited period or suspend activities for a limited period;
c) To confiscate objects and means of administrative violations;
5. The Head of the International Airport Customs Gate Police; the Head of the business units under the Internal Security Bureau; the Head of the business units under the Internal Political Security Bureau; the Head of the business units under the Economic Security Bureau; the Head of the business units under the Traffic Administration Police Bureau; the Head of the business units under the Fire Prevention, Fighting and Rescue Bureau; the Head of the business units under the Cybersecurity and High-Tech Crime Prevention Bureau; the Head of the business units under the Immigration Management Bureau; the Head of the business units under the Case File Management Bureau; the Head of the Provincial Public Security Departments including: the Head of the Internal Security Bureau, the Head of the Internal Political Security Bureau, the Head of the Traffic Administration Police Bureau, the Head of the Social Order Crime Investigation Bureau, the Head of the Corruption, Economy, Smuggling, Environmental Crime Investigation Bureau, the Head of the Drug Crime Investigation Bureau, the Head of the Traffic Police Bureau, the Head of the Mobile Police Bureau, the Head of the Criminal Enforcement and Judicial Support Bureau, the Head of the Fire Prevention, Fighting and Rescue Bureau, the Head of the Cybersecurity and High-Tech Crime Prevention Bureau, the Head of the Immigration Management Bureau, the Head of the Economic Security Bureau, the Head of the Foreign Security Bureau, the Head of the Case File Management Bureau, the Chief of the Office of the Provincial Public Security Investigation Bureau have the right:
d) To apply the remedial measures prescribed in Clause 1, Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures prescribed in Clause 3, Article 4 of this Decree."
a) To impose a fine up to VND 1,000,000,000;
b) To revoke the right to use licenses or certificates of practice for a limited period or suspend activities for a limited period;
c) To confiscate objects and means of administrative violations;
d) Apply the remedial measures provided for in Clause 1, Article 28 of the Law on Handling Administrative Offenses and the corresponding remedial measures provided for in Clause 3, Article 4 of this Decree.”.
Article 21. Amend and supplement Article 48 as follows:
"Article 48. Authority of Border Guard Forces
1. Border Guard soldiers performing official duties have the right to:
a) Impose fines up to VND 50,000,000;
b) Confiscate contraband items and means of transport for administrative violations with a value not exceeding VND 100,000,000.
2. The station chief, team leader of those specified in Clause 1 of this Article have the right to:
a) To impose fines up to VND 100,000,000;
b) Confiscate contraband items and means of transport for administrative violations with a value not exceeding VND 200,000,000;
c) Apply remedial measures prescribed in points a, c, đ, and e of Clause 1, Article 28 of the Law on Handling Administrative Violations.
3. The team leader of the Special Task Force against Drugs and Crime under the Special Task Force against Drugs and Crime have the right to:
a) Impose fines up to VND 150,000,000;
b) Confiscate contraband items and means of transport for administrative violations with a value not exceeding VND 300,000,000;
c) Apply remedial measures prescribed in points a, c, đ, and e of Clause 1, Article 28 of the Law on Handling Administrative Violations.
4. The border post commander, the maritime squadron commander, the commander-in-chief of the Border Guard Command at the port gate have the right to:
a) To impose fines up to VND 300,000,000;
b) Confiscate contraband items and means of transport for administrative violations with a value not exceeding VND 600,000,000;
c) Apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures prescribed in Clause 3, Article 4 of this Decree.
5. The Commander of the Special Task Force against Drugs and Crime under the Anti-drug and Crime Prevention Department of the Border Guard Command has the right to:
a) To impose a fine up to VND 500,000,000;
b) To revoke the right to use licenses or certificates of practice for a limited period or suspend activities for a limited period;
c) To confiscate objects and means of administrative violations;
d) To apply the measures to remedy consequences prescribed in Clause 1, Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures prescribed in Clause 3, Article 4 of this Decree.
6. The Chief of the Border Guard Command; the Commander of the Coastal Guard Squadron, the Director of the Anti-drug and Crime Prevention Department of the Border Guard Command have the right to:
a) To impose a fine up to VND 1,000,000,000;
b) To revoke the right to use licenses or certificates of practice for a limited period or suspend activities for a limited period;
c) To confiscate objects and means of administrative violations;
d) To apply measures to remedy consequences as stipulated in Clause 1 of Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures as stipulated in Clause 3 of Article 4 of this Decree.”
Article 22. Amend and supplement Article 49 as follows:
"Article 49. Authority of Maritime Police
1. Coast Guard officers performing their duties have the right to:
a) Impose fines up to VND 50,000,000;
b) Confiscate contraband items and means of transport for administrative violations with a value not exceeding VND 100,000,000.
2. The head of the Coast Guard business affairs team have the right to:
a) To impose fines up to VND 100,000,000;
b) Confiscate contraband items and means of transport for administrative violations with a value not exceeding VND 200,000,000
3. The Head of the Maritime Police Operational Team, the Head of the Maritime Police Station have the right to:
a) To impose fines up to VND 200,000,000;
b) Confiscate contraband items and means of transport for administrative violations with a value not exceeding VND 400,000,000;
c) Apply remedial measures prescribed in points a, c, đ, and e of Clause 1, Article 28 of the Law on Handling Administrative Violations.
4. The maritime squadron commander have the right to:
a) To impose fines up to VND 300,000,000;
b) Confiscate contraband items and means of transport for administrative violations with a value not exceeding VND 600,000,000;
c) Apply remedial measures prescribed in points a, c, d, đ, e, and i of Clause 1, Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures prescribed in Clause 3, Article 4 of this Decree.
5. The Commander of the Maritime Police Squadron, the Commander of the Reconnaissance Squadron, the Commander of the Special Task Force against Drug Crimes under the Vietnam Marine Police Command have the right to:
a) To impose a fine up to VND 500,000,000;
b) To revoke the right to use licenses or certificates of practice for a limited period or suspend activities for a limited period;
c) To confiscate objects and means of administrative violations;
d) Apply remedial measures prescribed in points a, c, d, đ, e, and i of Clause 1, Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures prescribed in Clause 3, Article 4 of this Decree.
6. The commander of the Coast Guard Region, the head of the Coast Guard Business Affairs and Law Department have the right to:
a) To impose fines up to VND 800,000,000;
b) Temporarily suspend the use of licenses and certificates of practice;
c) To confiscate objects and means of administrative violations;
d) To apply the measures to remedy consequences prescribed in Clause 1, Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures prescribed in Clause 3, Article 4 of this Decree.
7. The commander of the Vietnam Coast Guard have the right to:
a) To impose a fine up to VND 1,000,000,000;
b) To revoke the right to use licenses or certificates of practice for a limited period or suspend activities for a limited period;
c) To confiscate objects and means of administrative violations;
d) To apply measures to remedy consequences as stipulated in Clause 1 of Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures as stipulated in Clause 3 of Article 4 of this Decree.”
Article 23. Amend and supplement Article 50 as follows:
"Article 50. Authority of Customs
1. Customs officials performing official duties have the right to:
a) Impose fines up to VND 50,000,000;
b) Confiscate contraband items and means of transport for administrative violations with a value not exceeding VND 100,000,000.
2. The Head of the Customs Gate/Outside Gate Team, the Head of the Post-Clearance Inspection Team, the Head of the Clearance Team, the Head of the Customs Control Team under the Regional Customs Branch, the Head of the Post-Clearance Inspection Team under the Post-Clearance Inspection Branch, the Head of the Post-Clearance Inspection Team Area under the Post-Clearance Inspection Branch have the right to:
a) To impose fines up to VND 300,000,000;
b) Confiscate contraband items and means of transport for administrative violations with a value not exceeding VND 600,000,000;
c) Apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling Administrative Violations.
3. The Head of the Anti-Smuggling Investigation Branch, the Head of the Post-Clearance Inspection Branch, the Head of the Regional Customs Branch have the right to:
a) To impose a fine up to VND 500,000,000;
b) Confiscate contraband items and means of transport for administrative violations;
c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;
d) To apply the measures to remedy consequences prescribed in Clause 1, Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures prescribed in Clause 3, Article 4 of this Decree.
4. The Director of the Customs Department has the right to:
a) To impose a fine up to VND 1,000,000,000;
b) Confiscate contraband items and means of transport for administrative violations;
c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;
d) To apply measures to remedy consequences as stipulated in Clause 1 of Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures as stipulated in Clause 3 of Article 4 of this Decree.”
Article 24. Amend and supplement Article 51 as follows:
"Article 51. Competence of Market Management
1. Market inspectors performing their duties have the right to:
a) To impose fines up to VND 100,000,000;
b) To confiscate administrative violation objects and means with a value not exceeding VND 200,000,000.
2. The Head of the Market Management Team under the Market Management Sub-Department of the Department of Industry and Trade has the right to:
a) To impose fines up to VND 300,000,000;
b) Confiscate contraband items and means of transport for administrative violations with a value not exceeding VND 600,000,000;
c) Apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling Administrative Violations.
3. The Head of the Market Management Sub-Department, the Head of the Market Management Business Affairs Department under the Domestic Market Management and Development Department:
a) To impose a fine up to VND 500,000,000;
b) Confiscate contraband items and means of transport for administrative violations;
c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;
d) To apply the measures to remedy consequences prescribed in Clause 1, Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures prescribed in Clause 3, Article 4 of this Decree.
4. The head of the Domestic Market Management and Development Department has the right to:
a) To impose a fine up to VND 1,000,000,000;
b) Confiscate contraband items and means of transport for administrative violations;
c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;
d) To apply measures to remedy consequences as stipulated in Clause 1 of Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures as stipulated in Clause 3 of Article 4 of this Decree.”
Article 25. Repeal Article 52.
Article 26. Amend and supplement Article 53 as follows:
"Article 53. Competence of Fisheries Inspectors
1. Fisheries Inspectors performing official duties have the right to:
a) Impose fines up to VND 50,000,000;
b) Confiscate contraband items and means of transport for administrative violations with a value not exceeding VND 100,000,000.
2. The Head of the Fisheries Inspection Station under the Fisheries Inspection Sub-Department of the Fisheries Inspection Region has the right to:
a) To impose fines up to VND 200,000,000;
b) Confiscate contraband items and means of transport for administrative violations with a value not exceeding VND 400,000,000;
c) Apply the measures to remedy consequences specified in points a, b, đ, e, h, and i of Clause 1, Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures prescribed in Clause 3, Article 4 of this Decree.
3. The Head of the Fisheries Inspection Sub-Department of the Fisheries and Inspection Region under the Fisheries and Inspection Department; the Head of the Sub-Department for fisheries and inspection under the Department of Agriculture and Environment has the right to:
a) To impose a fine up to VND 500,000,000;
b) To revoke the right to use licenses or certificates of practice for a limited period or suspend activities for a limited period;
c) To confiscate objects and means of administrative violations;
d) To apply the measures to remedy consequences prescribed in Clause 1, Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures prescribed in Clause 3, Article 4 of this Decree.
4. The Director of the Fisheries and Inspection Department has the right to:
a) To impose a fine up to VND 1,000,000,000;
b) Confiscate contraband items and means of transport for administrative violations;
c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;
d) To apply measures to remedy consequences as stipulated in Clause 1 of Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures as stipulated in Clause 3 of Article 4 of this Decree.”
Article 27. Amend and supplement Article 54 as follows:
"Article 54. Competence of Forest Rangers
1. Forest Rangers performing official duties have the right to:
a) Impose fines up to VND 50,000,000;
b) Confiscate contraband items and means of transport for administrative violations with a value not exceeding VND 100,000,000.
2. The Head of the Forest Ranger Station has the right to:
a) To impose fines up to VND 200,000,000;
b) Confiscate contraband items and means of transport for administrative violations with a value not exceeding VND 400,000,000;
c) Apply the measures to remedy consequences specified in points a, c, đ, e, h, and i of Clause 1, Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures prescribed in Clause 3, Article 4 of this Decree.
3. The Head of the Forest Ranger Unit; the Head of the Mobile Forest Protection and Firefighting Unit has the right to:
a) To impose fines up to VND 300,000,000;
b) Confiscate contraband items and means of transport for administrative violations with a value not exceeding VND 600,000,000;
c) Apply the measures to remedy consequences specified in points a, c, đ, e, h, i, and k of Clause 1, Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures prescribed in Clause 3, Article 4 of this Decree.
4. The Head of the Forest Ranger Sub-Department of the Forest Region; the Head of the Special Task Force under the Forestry and Forest Ranger Department; the Head of the Sub-Department for forestry and forest rangers under the Department of Agriculture and Environment has the right to:
a) To impose a fine up to VND 500,000,000;
b) Confiscate contraband items and means of transport for administrative violations;
c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;
d) To apply the measures to remedy consequences prescribed in Clause 1, Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures prescribed in Clause 3, Article 4 of this Decree.
5. The Director of the Forestry and Forest Ranger Department has the right to:
a) To impose a fine up to VND 1,000,000,000;
b) Confiscate contraband items and means of transport for administrative violations;
c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;
d) To apply measures to remedy consequences as stipulated in Clause 1 of Article 28 of the Law on Handling Administrative Violations and corresponding remedial measures as stipulated in Clause 3 of Article 4 of this Decree.”
Article 28. Amend and supplement Article 55 as follows:
"Article 55. Allocation of Penalty Imposing Authority
1. The Chairman of the People's Committee at the provincial level, the Director of the Fisheries and Inspection Department shall impose penalties for administrative violations stipulated in Chapter II of this Decree.
2. The Chairman of the People's Committee at the commune level shall impose penalties for administrative violations stipulated in Articles 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, Clause 1 of Article 20, Articles 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, Clause 1, Clause 2, Clause 3, Points a, b, c of Clause 5, Points a, b, c of Clause 6 of Article 42, Articles 43, and 44 according to the authority prescribed in Clauses 1 and 2 of Article 46 of this Decree and the functions and tasks assigned.
3. Heads of agencies implementing state management tasks by specialized sectors and fields and some other positions
a) The Head of the Quality, Processing, and Market Development Regional Sub-Department in Central Vietnam, the Head of the Quality, Processing, and Market Development Regional Sub-Department in Southern Vietnam under the Quality, Processing, and Market Development Department shall impose penalties for administrative violations stipulated in Article 41, Points a, b, c of Clause 5, Points a, b, c of Clause 6 of Article 42, Clause 1 of Article 43, and Article 44 according to the authority granted in Clause 1 of Article 46a of this Decree and the functions and tasks assigned.
b) The Head of the Sub-Department for animal husbandry and veterinary affairs under the Department of Agriculture and Environment shall impose penalties for administrative violations stipulated in Points a, b, c of Clause 5, Points a, b, c of Clause 6 of Article 42, Article 43, and Article 44 according to the authority granted in Clause 1 of Article 46a of this Decree and the functions and tasks assigned.
c) The Head of the Sub-Department for quality management of agricultural, forestry, and aquatic products under the Department of Agriculture and Environment shall impose penalties for administrative violations stipulated in Article 41, Points a, b, c of Clause 5, Points a, b, c of Clause 6 of Article 42, Article 43, and Article 44 according to the authority prescribed in Clause 1 of Article 46a of this Decree and the functions and tasks assigned.
d) The Head of the Sub-Department for fisheries under the Department of Agriculture and Environment shall impose penalties for administrative violations stipulated in Articles 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, Clauses 1 and 4 of Article 20, Articles 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, Article 41, Points a, b, c, and d of Clause 5, Points a, b, c, and d of Clause 6 of Article 42, Article 43, and Article 44 according to the authority prescribed in Clause 1 of Article 46a of this Decree and the functions and tasks assigned.
đ) The Director of the Department of Agriculture and Environment, the Head of the Inspection Team of the Fisheries and Inspection Department shall impose penalties for administrative violations stipulated in Articles 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, Clauses 1, 2, and 4 of Article 20, Articles 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, Article 41, Points a, b, c, and d of Clause 5, Points a, b, c, and d of Clause 6 of Article 42, Article 43, and Article 44 according to the authority prescribed in Clause 2 of Article 46a of this Decree and the functions and tasks assigned.
e) The Head of the Inspection Team of the Ministry of Agriculture and Environment shall impose penalties for administrative violations stipulated in Chapter II of this Decree and the functions and tasks assigned.
g) The Director of the Livestock and Veterinary Department shall impose penalties for administrative violations stipulated in Article 42, Clause 2 of Article 43, and Clause 1 of Article 44 according to the authority prescribed in Clause 3 of Article 46a of this Decree and the functions and tasks assigned.
h) The Director of the Quality, Processing and Market Development Department shall impose administrative penalties on violations stipulated in Article 41; Article 42; Clause 2, Article 43 and Clause 1, Article 44 pursuant to the authority prescribed in Clause 3, Article 46a of this Decree and the assigned functions and tasks.
4. The People's Public Security shall impose administrative penalties on violations stipulated in Article 6; Article 7; Article 8; Article 9; Article 11; Article 12; Article 13; Article 14; Article 15; Article 18; Article 19; Article 21; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 33; Article 35; Article 36; Article 37; Article 38; Article 39; Article 40; Article 41; Article 42; Article 43 and Article 44 pursuant to the authority prescribed in Article 47 of this Decree and the assigned functions and tasks.
5. The Border Guard shall impose administrative penalties on violations stipulated in Article 6; Article 7; Article 8; Article 9; Article 11; Clause 3, Article 13; Clause 1, Article 14; Article 18; Article 20; Article 21; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 32; Article 33; Article 35; Article 36; Article 37; Article 38; Article 39; Article 40; Article 41; Article 42; Article 43 and Article 44 pursuant to the authority prescribed in Article 48 of this Decree and the assigned functions and tasks.
6. The Coast Guard shall impose administrative penalties on violations stipulated in Article 6; Article 7; Article 8; Article 9; Article 20; Article 21; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 33; Article 35; Article 36; Article 37; Article 38; Article 41; Article 42; Article 43 and Article 44 pursuant to the authority prescribed in Article 49 of this Decree and the assigned functions and tasks.
7. Customs shall impose administrative penalties on violations stipulated in Article 11; Clauses 3, 4 and 5, Article 15; Article 18; Article 32; Article 42 and Clause 1, Article 44 pursuant to the authority prescribed in Article 50 of this Decree and the assigned functions and tasks.
8. Market Management shall impose administrative penalties on violations stipulated in Article 11; Article 12; Article 13; Article 14; Clauses 2, 3, 4 and 5, Article 15; Article 18; Clause 2, Article 28; Article 32; Article 41; Article 42; Article 43 and Clause 1, Article 44 pursuant to the authority prescribed in Article 51 of this Decree and the assigned functions and tasks.
9. Fisheries Inspection shall impose administrative penalties on violations stipulated in Article 6; Article 7; Article 8; Article 9; Article 20; Article 21; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 33; Article 35; Article 36; Article 37; Article 38; Article 39; Article 40; Article 41; Article 42; Article 43 and Article 44 pursuant to the authority prescribed in Article 53 of this Decree and the assigned functions and tasks.
10. Forest Protection shall impose administrative penalties on violations stipulated in Article 6; Article 7; Article 8; Article 9; Article 23 and Article 43 pursuant to the authority prescribed in Article 54 of this Decree and the assigned functions and tasks.”
Article 29. Supplement Article 58a following Article 58 as follows:
"Article 58a. Administrative Violation Handling on Electronic Environment
The handling of administrative violations as prescribed in this Decree on electronic environment shall be applied in accordance with the provisions of Article 28a and Article 28b of Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing certain articles and implementing measures of the Law on Administrative Violation Handling (amended and supplemented by Decree No. 190/2025/NĐ-CP dated July 1, 2025 of the Government)."
Article 30. Effective Date
This Decree takes effect from November 17, 2025.
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Place of Receipt: |
PRIME MINISTER |
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