Decree No. 31/2026/ND-CP on administrative penalties for violations in the archival sector

Decree No. 12/2026/ND-CP provides detailed regulations and guidance on implementing certain provisions of the Law on Archives regarding administrative penalties for violations in the archival sector. This Decree takes effect from March 8, 2026.

文号31/2026/NĐ-CP
文件类型Decree
发布机关Ministry of Home Affairs
签署人Phạm Thị Thanh Trà — Phó Thủ tướng Chính phủ
更新11/06/2026
发布日期21/01/2026
生效日期08/03/2026
失效日期
状态In effect
✦ 智能摘要

Decree No. 12/2026/ND-CP provides detailed regulations and guidance on implementing certain provisions of the Law on Archives regarding administrative penalties for violations in the archival sector. This Decree takes effect from March 8, 2026.

适用范围

Organizations and individuals operating in the archival sector

要点

  • Detailed regulations on administrative penalties for violations related to the management of archival documents, document arrangement, protection, and utilization of archival documents.
  • Determining the authority to impose penalties for the Chairmen of People's Committees at all levels, Inspectors, Directors of Provincial Departments of Home Affairs, Heads of organizations under the Ministry of Home Affairs, the Ministry of Public Security, and Team Leaders established by the Minister of Home Affairs or the Director of the National Archives and Records Administration.
  • Transitional provisions concerning the determination of violations based on the Archival Law.
  • Effective date from March 8, 2026.
  • Responsibilities for guiding and organizing implementation by the Minister of Home Affairs and relevant agencies.

🌐 本文件的社会影响

  • Enhancing state management effectiveness in archiving
  • Prevention and handling of administrative violations in the archival sector
  • Protection of national archival materials

❓ 常见问题

When does this Decree take effect?

Decree No. 12/2026/ND-CP takes effect from March 8, 2026.

Who has the authority to impose administrative penalties in the archival sector?

The Chairmen of People's Committees at all levels, Inspectors, Chief Inspectors of ministries and agencies equivalent to ministries: Defense, Public Security, State Bank of Vietnam; Directors of Provincial Departments of Home Affairs, and Heads of organizations under the Ministry of Home Affairs, Ministry of Public Security have the authority to impose administrative penalties in the archival sector.

What contents does this Decree regulate?

Detailed regulations on administrative penalties for violations related to the management of archival documents, document arrangement, protection, and utilization of archival documents.

全文

THE GOVERNMENT

Number: 31/2026/NĐ-CP

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

Hanoi, January 21, 2026

DECREE

Decree on Administrative Sanctions for Violations in the Archival Field

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the 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 the Law on Archives No. 33/2024/QH15;

At the proposal of the Minister of Home Affairs;

The Government promulgates this Decree on administrative sanctions for violations in the archival field.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Decree stipulates administrative sanctions for violations in the archival field, including: acts of administrative violation related to performing archival operations and archival service activities; concluded acts of administrative violation and ongoing acts of administrative violation; forms of administrative sanction, levels of administrative sanction, measures to remedy consequences for each act of administrative violation; subjects of administrative sanction; authority to impose administrative sanctions, specific fine amounts for positions and authorities to record administrative violation cases; implementation of administrative sanctions and measures to remedy consequences in the archival field.

Article 2. Acts of administrative violation related to state secrets shall be handled according to regulations on administrative sanctions in the fields of national security, public order, social safety; prevention and control of social evils; prevention and control of domestic violence.

Article 3. Acts of administrative violation in the archival field not covered by this Decree shall be subject to administrative sanctions under relevant regulations on administrative sanctions in the field of state management.

Article 2. Applicability

Article 4. Organizations and individuals from Vietnam and foreign organizations and individuals committing administrative violations in the archival field within the territory of the Socialist Republic of Viet Nam.

Article 5. Organizations that are subjects of administrative sanctions under this Decree include:

a) State agencies committing administrative violations that do not fall within their state management responsibilities regarding archives;

b) Public service units;

c) Political organizations, political-social organizations, political-social occupational organizations, social organizations, social occupational organizations;

d) People's armed forces units;

đ) Economic organizations established in accordance with the Law on Enterprises and the Law on Cooperatives;

e) Other organizations established in accordance with the law.

Article 6. Authorities responsible for recording administrative violation cases, authorities responsible for imposing administrative sanctions, and applying measures to remedy consequences in the archival field.

Article 7. Other agencies, organizations, and individuals related to administrative sanctions prescribed in this Decree.

Article 8. Forms of administrative sanctions, measures to remedy consequences, and enforcement of administrative sanctions and measures to remedy consequences

Article 9. Main forms of administrative sanctions in the archival field include:

a) Warning;

b) Fine.

Article 10. Supplementary form of administrative sanction in the archival field is the suspension of the right to use the Archival Practice Certificate for a period of three to six months.

Article 11. Measures to remedy consequences in the archival field include:

a) Measures to remedy consequences as specified in point e and point i, Clause 1, Article 28 of the Law on Handling Administrative Violations;

b) Other measures to remedy consequences specifically provided for in Articles 6, 7, 8, 9, 10, 11, 12, and 13 of this Decree.

Article 12. Principles for imposing administrative sanctions and enforcing administrative sanctions and measures to remedy consequences in the archival field are implemented in accordance with the provisions of Article 3, Article 25, Clause 2, Article 28, Article 34, Article 37, and Article 85 of the Law on Handling Administrative Violations.

Organizations and individuals who commit multiple acts of administrative violation involving archival materials discovered but not yet sanctioned and whose time limit for administrative sanctions has not expired shall be subject to one-time administrative sanctions for the violation, while aggravating circumstances of administrative violation may be applied multiple times for such acts of administrative violation, except for the acts specified in Clause 1, Article 15 of this Decree.

Article 13. Handling of administrative violations in the archival field through electronic means shall be carried out 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 provisions and implementing measures of the Law on Handling Administrative Violations, amended and supplemented by Decree No. 68/2025/NĐ-CP dated March 18, 2025 and Decree No. 190/2025/NĐ-CP dated July 8, 2025.

Article 4. Amount of fines; authority to impose penalties on individuals and organizations

1. The maximum amount of fine for an individual committing an administrative violation in the field of archives is 30,000,000 VND, and for an organization is 60,000,000 VND.

2. The amounts of fines stipulated in Articles 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of this Decree apply to one administrative violation committed by an individual, except for the cases specified in Clause 3, Point 5 of Article 7, Clause 2 of Article 9, Points 1, 2, 3, 6, and 7 of Article 12, Clause 1 of Article 13, and Points 1, 2, and 3 of Article 15 of this Decree which apply to one administrative violation committed by an organization. In cases where both an individual and an organization commit the same administrative violation, the fine imposed on the organization shall be twice the fine imposed on the individual.

3. The amount of fine for a business household or a family household committing an administrative violation in the field of archives shall be implemented as the fine for an individual.

4. Specific amounts of fines for administrative violations, fines in cases with aggravating circumstances, mitigating circumstances are carried out according to the provisions at Point c Clause 1 Article 3, Article 9, Article 10, and Clause 4 Article 23 of the Law on Handling Administrative Violations.

5. The authority to impose penalties of the positions prescribed in this Decree is the authority to impose penalties on one administrative violation committed by an individual. In cases of imposing fines, the authority to impose fines is determined based on the maximum amount of the fine range prescribed for each specific administrative violation; the authority to impose penalties on an organization is twice the authority to impose penalties on an individual.

6. Principles for determining and dividing the authority to impose administrative penalties and applying measures to remedy consequences are carried out according to the provisions of Article 52 of the Law on Handling Administrative Violations.

Article 5. Completed administrative violations, ongoing administrative violations, and the time point for calculating the statute of limitations for punishment

1. The principle for determining completed administrative violations, ongoing administrative violations is based on the provisions of Clause 1 Article 8 of Decree No. 118/2021/NĐ-CP amended and supplemented by Decree No. 68/2025/NĐ-CP and Decree No. 190/2025/NĐ-CP.

2. Ongoing administrative violations are the violations prescribed in Article 9 of this Decree.

3. Completed administrative violations are those not falling under the cases prescribed in Clause 2 of this Article. The termination date of the violation is the day the violation was committed, except for the following cases:

a) For violations prescribed in Clause 2 Article 6 of this Decree, if the date of the violation cannot be determined, the termination date of the violation is the day the violation was discovered.

b) For violations related to deadlines concerning the use of archival materials prescribed in Point a Clause 1, Point a Clause 2, and Points d and đ Clause 3 Article 11 of this Decree, the termination date of the violation is the day the organization or individual using the materials returns them or the day they approve or provide the materials to another organization or individual.

c) For violations related to the deadline for submitting the Archival Profession Certificate prescribed in Point b Clause 2 Article 14 of this Decree, the termination date of the violation is the day the individual submits the Archival Profession Certificate to the competent authority.

4. The authority to impose penalties bases its determination on the provisions of this Article, the provisions of Article 8 of Decree No. 118/2021/NĐ-CP amended and supplemented by Decree No. 68/2025/NĐ-CP and Decree No. 190/2025/NĐ-CP, and relevant files and documents to determine the time point for calculating the statute of limitations for punishment.

Chapter II

ADMINISTRATIVE VIOLATIONS, FORMS OF PUNISHMENT AND MEASURES TO REMEDY CONSEQUENCES IN THE FIELD OF ARCHIVES

Article 6. Violation of prohibited acts in the field of archives

1. A fine from 15,000,000 VND to 20,000,000 VND for the act of taking archival materials outside current or historical storage, except when permitted in writing by the authorized person.

2. A fine from 20,000,000 VND to 30,000,000 VND for one of the following violations:

a) Unauthorized access, copying, sharing of archival materials or databases of archival materials that have not reached the level of criminal prosecution;

b) Unauthorized provision, transfer, destruction of archival materials or illegal purchase, possession of archival materials that have not reached the level of criminal prosecution;

c) Altering the content or destroying the integrity of archival materials and their metadata that have not reached the level of criminal prosecution;

d) Damaging archival materials to the extent that they cannot be restored;

đ) Losing archival materials;

e) Using archival materials for the purpose of fabricating, defaming, or insulting the dignity and reputation of an individual that has not reached the level of criminal prosecution.

3. Measures to remedy consequences include:

a) Compelling the return of archival materials to current or historical storage for the violation prescribed in Clause 1 of this Article;

b) Compelling the destruction of all unauthorized copies of archival materials for the violation prescribed in Point a Clause 2 of this Article;

c) Compelling the return of illegally provided, transferred, purchased, or possessed archival materials to the archive management agency for the violation prescribed in Point b Clause 2 of this Article;

d) Compelling the correction of false information or misleading information published or disseminated through mass media, websites, or other communication channels and publicly apologizing to the individual for the violation prescribed in Point e Clause 2 of this Article.

Article 7. Violation of regulations on submission and filing of documents and materials for current and historical archives

1. Warning shall be imposed for any of the following violations:

a) Not creating a file for completed work;

b) Documents and materials submitted to current and historical archives do not meet one of the requirements specified in point b, point c Clause 4 Article 17, point b Clause 2 Article 28, Clause 1 Article 36 of the Archives Law;

c) Not creating a Record of Receipt and Submission of Documents and Materials when receiving documents and materials from agencies and organizations for historical archives.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on individuals who repeatedly commit the violation specified in point a, point b Clause 1 of this Article.

3. A fine of VND 2,000,000 to VND 6,000,000 shall be imposed on organizations that use non-standard storage boxes when submitting paper documents and materials to historical archives.

4. A fine of VND 4,000,000 to VND 6,000,000 shall be imposed on individuals who fail to submit documents and materials to current archives.

5. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on organizations that fail to submit documents and materials to historical archives.

6. Remedial measures include:

a) Ordering the creation of files in accordance with regulations for the violations specified in point a, point b Clause 1, Clause 2 of this Article;

b) Ordering the submission of documents and materials to current and historical archives in accordance with regulations for the violations specified in Clause 4, Clause 5 of this Article.

Article 8. Violation of regulations on document correction

1. A fine of VND 4,000,000 to VND 6,000,000 shall be imposed for any of the following violations:

a) Not creating a Summary Report on Document Correction;

b) Creating a Summary Report on Document Correction that does not accurately reflect the actual status of corrected documents and the quality of documents after correction;

c) Documents after correction do not meet one of the requirements specified in point b, point c Clause 4 Article 17, point b Clause 2 Article 28 of the Archives Law, accounting for less than 2% of the total number of documents in the Document Catalog.

2. A fine of VND 6,000,000 to VND 10,000,000 shall be imposed for the violation where documents after correction do not meet one of the requirements specified in point b, point c Clause 4 Article 17, point b Clause 2 Article 28 of the Archives Law, accounting for between 2% and less than 3% of the total number of documents in the Document Catalog.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the violation where documents after correction do not meet one of the requirements specified in point b, point c Clause 4 Article 17, point b Clause 2 Article 28 of the Archives Law, accounting for between 3% and less than 4% of the total number of documents in the Document Catalog.

4. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for any of the following violations:

a) Documents after correction do not meet one of the requirements specified in point b, point c Clause 4 Article 17, point b Clause 2 Article 28 of the Archives Law, accounting for between 4% and less than 5% of the total number of documents in the Document Catalog;

b) Not arranging, bundling, creating a list of document types, and writing descriptions of document types in accordance with regulations.

5. Remedial measures include:

a) Ordering the correction and completion of documents in accordance with regulations for the violations specified in point c Clause 1, Clause 2, Clause 3, point a Clause 4 of this Article;

b) Ordering the arrangement, bundling, creation of a list of document types, and writing descriptions of document types in accordance with regulations for the violations specified in point b Clause 4 of this Article.

Article 9. Violation of regulations on preservation of archival documents

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations of regulations on the preservation of digital archival documents:

a) Not checking and backing up digital databases and digital archival documents as prescribed;

b) Not complying with technical requirements and procedures for preserving digital archival documents as prescribed.

2. A fine of VND 15,000,000 to VND 25,000,000 shall be imposed on organizations for any of the following violations of regulations on archival storage facilities:

a) Not providing storage facilities for preserving archival documents as prescribed;

b) Not equipping protective and preservation devices for specialized archival storage facilities as prescribed.

3. Measures to remedy consequences include:

a) Ordering the checking and backing up of digital databases and digital archival documents as prescribed for the violation specified in point a Clause 1 of this Article;

b) Ordering the provision of archival storage facilities as prescribed for the violation specified in point a Clause 2 of this Article;

c) Ordering the provision of protective and preservation devices for archival documents as prescribed for the violation specified in point b Clause 2 of this Article.

Article 10. Violation of regulations on destroying archival materials

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following violations:

a) Preparing an Inventory of expired, duplicate archival materials or an Inventory of archival materials with no value that does not correspond to the actual quantity, content, and reasons for destruction of the materials;

b) Preparing an Inventory of expired, duplicate archival materials without attaching an Explanation of expired archival materials as required.

2. A fine of VND 3,000,000 to VND 8,000,000 shall be imposed for any of the following violations:

a) Not preparing an Inventory of expired, duplicate archival materials or an Inventory of archival materials with no value;

b) Not destroying all archival materials and information as prescribed;

c) Not preparing a record of destruction of archival materials as prescribed.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following violations:

a) Not retaining records of the destruction of archival materials;

b) Destroying archival materials not in accordance with the approved inventory of materials.

4. A fine of VND 16,000,000 to VND 20,000,000 shall be imposed for any of the following violations:

a) Destroying archival materials before the retention period has expired;

b) Not establishing a Committee to review the destruction of archival materials;

c) Destroying archival materials of agencies and organizations subject to submission to state historical archives without the appraisal opinion of the competent management agency.

5. Remedial measures include:

Obligation to destroy all archival materials to ensure that they cannot be restored after destruction for the violation specified in point b, Clause 2, Article 10 herein.

Article 11. Violation of regulations on using archival materials

1. Warning shall be imposed for any of the following violations:

a) Not returning original archival materials within the stipulated time after borrowing;

b) Not promulgating rules for using archival materials at current archives and historical archives.

2. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed for any of the following violations:

a) Repeatedly committing the violation specified in point a, Clause 1, Article 10 herein;

b) Repeatedly committing the violation specified in point b, Clause 1, Article 10 herein;

c) Issuing copies of archival materials at current archives and historical archives not in accordance with the rules for using archival materials of the agency or organization;

d) Using archival materials for purposes other than those intended.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

a) Incorrectly quoting the content of archival materials;

b) Not indicating the archival number, originality of the archival material, and the managing agency or organization;

c) Incorrectly indicating the archival number, originality of the archival material, and the managing agency or organization;

d) Not approving the provision of archival materials to agencies, organizations, or individuals within the prescribed time limit;

đ) Not providing archival materials that have been approved by the competent authority to agencies, organizations, or individuals within the prescribed time limit.

4. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following violations:

a) Obstructing agencies, organizations, or individuals from accessing and using information in archival materials;

b) Not providing archival materials that have been approved by the competent authority to agencies, organizations, or individuals;

c) Incorrectly verifying information about the source and storage location of archival materials or providing incorrect certified copies of archival materials;

d) Repeatedly committing the violation specified in point d, Clause 2, Article 11 herein.

5. Remedial measures include:

a) Obligation to promulgate rules for using archival materials at current archives and historical archives for the violation specified in point b, Clause 1, point b, Clause 2, Article 11 herein;

b) Obligation to issue again certified copies of archival materials at current archives and historical archives in accordance with the regulations for the violation specified in point c, Clause 2, Article 11 herein;

c) Obligation to correctly quote the archival number, originality of the archival material, and the managing agency or organization for the violation specified in point b, Clause 3, Article 11 herein;

d) Obligation to provide archival materials that have been approved by the competent authority to agencies, organizations, or individuals for the violation specified in point b, Clause 4, Article 11 herein;

đ) Obligation to correctly verify information about the source and storage location of archival materials or to reissue certified copies of archival materials in accordance with the regulations for the violation specified in point c, Clause 4, Article 11 herein;

e) Obligation to correct false information or misleading information that has been published or reported through mass media, websites, or other communication means for the violation specified in point d, Clause 2, point a and point c, Clause 3, point d, Clause 4, Article 11 herein.

Article 12. Violation of regulations on digitizing archival documents

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on organizations that digitize documents without meeting one of the following requirements: digitized archival documents not in the correct format or resolution; file naming not in accordance with regulations; failure to link main data, accounting for less than 1% of the total number of documents in the archive or the batch of documents being digitized.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on organizations committing one of the following violations:

a) Digitizing documents without meeting one of the following requirements: digitized archival documents not in the correct format or resolution; file naming not in accordance with regulations; failure to link main data, accounting for between 1% and under 1.5% of the total number of documents in the archive or the batch of documents being digitized;

b) Not establishing procedures for exporting documents and returning archival documents when digitizing; conducting digitization before the procedures have been approved by the management agency, organization, or individual;

c) Organizing digitization at a location that does not meet the requirements stipulated for physical facilities, tables, chairs, lighting, air conditioning, or has a risk of flooding, mold, lack of safety, causing damage to documents;

d) Not installing a 24/7 monitoring system at the digitization location.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on organizations committing one of the following violations:

a) Digitizing documents without meeting one of the following requirements: digitized archival documents not in the correct format or resolution; file naming not in accordance with regulations; failure to link main data, accounting for between 1.5% and under 2% of the total number of documents in the archive or the batch of documents being digitized;

b) Using digitization equipment that has not been security-checked;

c) Not signing the digital document with the authority's electronic signature of the managing agency, organization, or individual of the original archival document.

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of bringing mobile devices, storage devices, recording devices, broadcasting devices into the digitization location.

5. A fine of VND 10,000,000 to VND 12,000,000 shall be imposed on the act of擅自携带原件档案、数字化数据、信息技术设备或存储设备离开数字化地点。

6. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed on organizations failing to erase all data from digitization equipment before transporting it out of the digitization area.

7. A fine of VND 25,000,000 to VND 40,000,000 shall be imposed on organizations committing one of the following violations:

a) Not taking measures to secure and protect data to prevent loss or leakage of information;

b) Not backing up digitalized data.

8. Remedial measures include:

a) Compelling correction of technical errors to ensure that digitized archival documents meet the requirements stipulated for the acts specified in Clause 1, Point a Clause 2, and Point a Clause 3 of this Article;

b) Compelling recovery of lost or erroneous digitalized data or implementing backup of digitalized data according to regulations for the acts specified in Clause 7 of this Article.

Article 13. Violation of regulations on creating archival document databases

1. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on organizations committing one of the following violations:

a) Not establishing an archival document database;

b) Not updating the archival document database in accordance with Articles 3, 4, 5, 6, and 7 of Decree No. 113/2025/NĐ-CP dated June 3, 2025, of the Government detailing certain provisions of the Law on Archives.

2. Remedial measures include:

a) Compelling establishment of an archival document database in accordance with the act specified in Point a Clause 1 of this Article;

b) Compelling updating of the archival document database in accordance with the act specified in Point b Clause 1 of this Article.

Article 14. Violation of regulations on managing and using Archival Practice Certificates

1. Warning shall be imposed for any of the following violations:

a) Providing false information in the application for issuance or reissuance of an Archival Practice Certificate for the first violation by an individual;

b) Submitting an Archival Practice Certificate that has been revoked to the competent authority late by less than 30 days from the prescribed deadline.

2. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed for any of the following violations:

a) Repeatedly committing the violation specified in point a, Clause 1, Article 10 herein;

b) Submitting an Archival Practice Certificate that has been revoked to the competent authority late by 30 days or more from the prescribed deadline;

c) Failing to present an Archival Practice Certificate when requested by the competent authority.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of renting, lending, or borrowing an Archival Practice Certificate for practicing archiving or providing archiving services.

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on one of the following violations:

a) Independent individuals providing archiving services without an Archival Practice Certificate;

b) Using an Archival Practice Certificate that has been revoked by a competent state authority or is currently suspended from use to practice archiving.

5. Additional penalties include:

Revocation of the right to use the Archival Practice Certificate for a period of three to six months from the date the penalty decision takes effect for individuals practicing who commit violations as stipulated in Clause 3 of this Article.

6. Remedial measures include:

Compelling the return of illegal profits obtained from committing violations as stipulated in Clause 3, Point a, and Point b Clause 4 of this Article.

Article 15. Violation of regulations on management and use of the Certificate of Eligibility for Business in Storage Services

1. A fine of from VND 2,000,000 to VND 6,000,000 shall be imposed on organizations that falsely declare their actual situation in the application dossier for issuance or reissuance of the Certificate of Eligibility for Business in Storage Services.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on organizations that use the Certificate of Eligibility for Business in Storage Services which has been revoked by competent state authorities to conduct storage services business.

3. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on organizations committing any of the following violations:

a) Conducting storage services business without the Certificate of Eligibility for Business in Storage Services;

b) No longer meeting the conditions for conducting storage services business as prescribed in Article 36 or Article 37 of Decree No. 113/2025/NĐ-CP.

4. Measures to remedy consequences include:

Compelling the return of unlawful profits obtained from implementing the violations stipulated in Clause 2 and Point a, Point b Clause 3 of this Article.

Chapter III

COMPETENCY TO ISSUE VIOLATION DECISIONS AND ADMINISTRATIVE SANCTIONS IN THE ARCHIVING FIELD

Article 16. Competency to issue violation decisions in the archiving field

1. The person authorized to impose administrative sanctions according to Articles 17, 18, and 19 of this Decree shall have the authority to issue violation decisions against administrative violations within their jurisdiction and scope of management.

2. Civil servants, officials, and persons assigned to perform inspection tasks related to archiving according to laws on inspection and other relevant laws shall have the authority to issue violation decisions according to their functions, tasks, and granted powers.

3. Civil servants, officials, and persons assigned to perform inspection and specialized inspection tasks according to laws on specialized inspection and other relevant laws shall have the authority to issue violation decisions according to their functions, tasks, and granted powers.

Article 17. Competency of Chairpersons of People's Committees at all levels to impose administrative sanctions

1. The Chairperson of People's Committees at commune, ward, town level directly under provincial-level people's committees (hereinafter referred to collectively as commune level) shall have the following rights:

a) Warning;

b) Imposing a fine up to VND 15,000,000;

c) Revoking the right to use the Archival Profession Certificate for a period of three to six months;

d) Applying remedial measures as prescribed in Clause 6 of Article 7, Point a Clause 5 of Article 8, Clause 3 of Article 9, Clause 5 of Article 10, Clause 5 of Article 11, Clause 8 of Article 12, Clause 2 of Article 13, Clause 6 of Article 14, and Clause 4 of Article 15 of this Decree.

2. The Chairperson of People's Committees at provincial-level and centrally-administered city level (hereinafter referred to collectively as provincial level) shall have the following rights:

a) Warning;

b) Imposing a fine up to VND 30,000,000;

c) Revoking the right to use the Archival Profession Certificate for a period of three to six months;

d) Applying remedial measures as prescribed in Clause 3 of Article 6, Clause 6 of Article 7, Clause 5 of Article 8, Clause 3 of Article 9, Clause 5 of Article 10, Clause 5 of Article 11, Clause 8 of Article 12, Clause 2 of Article 13, Clause 6 of Article 14, and Clause 4 of Article 15 of this Decree.

Article 18. Competency of Inspectors to impose administrative sanctions

1. Inspectors of ministries and ministerial-level agencies: Defense, Public Security, State Bank of Vietnam shall have the following rights:

a) Warning;

b) Imposing a fine up to VND 3,000,000.

2. Heads of inspectors of ministries and ministerial-level agencies: Defense, Public Security, State Bank of Vietnam; Leaders of inspection teams established by Heads of inspectors of ministries and ministerial-level agencies: Defense, Public Security, State Bank of Vietnam shall have the following rights:

a) Warning;

b) Imposing a fine up to VND 30,000,000;

c) Revoking the right to use the Archival Profession Certificate for a period of three to six months;

d) Applying remedial measures as prescribed in Clause 3 of Article 6, Clause 6 of Article 7, Clause 5 of Article 8, Clause 3 of Article 9, Clause 5 of Article 10, Clause 5 of Article 11, Clause 8 of Article 12, Clause 2 of Article 13, Clause 6 of Article 14, and Clause 4 of Article 15 of this Decree.

Article 19. Competency of other positions to impose administrative sanctions

1. Directors of Provincial Departments of Home Affairs shall have the following rights:

a) Warning;

b) Imposing a fine up to VND 24,000,000;

c) Revoking the right to use the Archival Profession Certificate for a period of three to six months;

d) Applying remedial measures as prescribed in Clause 3 of Article 6, Clause 6 of Article 7, Clause 5 of Article 8, Clause 3 of Article 9, Clause 5 of Article 10, Clause 5 of Article 11, Clause 8 of Article 12, Clause 2 of Article 13, Clause 6 of Article 14, and Clause 4 of Article 15 of this Decree.

2. Heads of organizations under the Ministry of Home Affairs assigned to perform inspection tasks in the archiving field within the scope of management of the Ministry of Home Affairs shall have the following rights:

a) Warning;

b) Imposing a fine up to VND 30,000,000;

c) Revoking the right to use the Archival Profession Certificate for a period of three to six months;

d) Applying remedial measures as prescribed in Clause 3 of Article 6, Clause 6 of Article 7, Clause 5 of Article 8, Clause 3 of Article 9, Clause 5 of Article 10, Clause 5 of Article 11, Clause 8 of Article 12, Clause 2 of Article 13, Clause 6 of Article 14, and Clause 4 of Article 15 of this Decree.

3. Competency of the People's Public Security

Heads of organizations under the Ministry of Public Security assigned to perform inspection tasks in the archiving field within the scope of management of the Ministry of Public Security shall have the following rights:

a) Warning;

b) Imposing a fine up to VND 30,000,000;

c) Revoking the right to use the Archival Profession Certificate for a period of three to six months;

d) Applying remedial measures as prescribed in Clause 3 of Article 6, Clause 6 of Article 7, Clause 5 of Article 8, Clause 3 of Article 9, Clause 5 of Article 10, Clause 5 of Article 11, Clause 8 of Article 12, Clause 2 of Article 13, Clause 6 of Article 14, and Clause 4 of Article 15 of this Decree.

4. Rights of the Leader of Inspection Teams established by the Minister of Home Affairs

a) Warning;

b) Imposing a fine up to VND 30,000,000;

c) Revoking the right to use the Archival Profession Certificate for a period of three to six months;

d) Applying remedial measures as prescribed in Clause 3 of Article 6, Clause 6 of Article 7, Clause 5 of Article 8, Clause 3 of Article 9, Clause 5 of Article 10, Clause 5 of Article 11, Clause 8 of Article 12, Clause 2 of Article 13, Clause 6 of Article 14, and Clause 4 of Article 15 of this Decree.

5. Rights of the Leader of Inspection Teams established by the Director of the National Archives and Records Administration

a) Warning;

b) Imposing a fine up to VND 24,000,000;

c) Revoking the right to use the Archival Profession Certificate for a period of three to six months;

d) Applying remedial measures as prescribed in Clause 3 of Article 6, Clause 6 of Article 7, Clause 5 of Article 8, Clause 3 of Article 9, Clause 5 of Article 10, Clause 5 of Article 11, Clause 8 of Article 12, Clause 2 of Article 13, Clause 6 of Article 14, and Clause 4 of Article 15 of this Decree.

Chapter IV

IMPLEMENTING PROVISIONS

Article 20. Effectiveness

1. This Decree shall take effect from March 8, 2026.

2. In cases where legal normative documents cited in this Decree are amended, supplemented, or replaced, the cited content shall be implemented according to the amended, supplemented, or replaced legal normative documents.

Article 21. Transitional Provisions

For administrative violations related to the processing of documents as stipulated in Article 8 of this Decree, the determination of such violations shall be based on the provisions set forth in points a and b of Clause 1, Article 65 of the Law on Archives.

Article 22. Responsibility for Implementation

1. The Minister of Home Affairs shall be responsible for guiding and organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for implementing this Decree.

PRIME MINISTER

DEPUTY PRIME MINISTER

DEPUTY PRIME MINISTER

(Signed)

Phạm Thị Thanh Trà

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