Decree No. 348/2025/NĐ-CP amends and supplements certain Articles of Decree No. 45/2019/NĐ-CP dated May 21, 2019, of the Government on administrative penalties for violations in the tourism sector, which has been amended and supplemented by Decree No. 129/2021/NĐ-CP.

 DECREE
Amending and supplementing certain Articles of Decree No. 45/2019/NĐ-CP
dated May 21, 2019 of the Government on administrative penalties in the field of tourism amended and supplemented by Decree No. 129/2021/NĐ-CP
administrative regulations in the tourism sector amended and supplemented
by Decree No. 129/2021/NĐ-CP

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. 67/2020/QH14 and Law No. 88/2025/QH15;

Pursuant to the Tourism Law No. 09/2017/QH14;

At the proposal of the Minister of Culture, Sports and Tourism;

The Government promulgates this Decree amending and supplementing certain Articles of Decree No. 45/2019/NĐ-CP dated May 21, 2019 of the Government on administrative penalties in the field of tourism amended and supplemented by Decree No. 129/2021/NĐ-CP.

Article 1. Repealing the phrase at Article 6

Repeal the phrase "subparagraph 7" at subparagraph 8.

Article 2. Amending, supplementing, and repealing certain points and subparagraphs of Article 7

1. Repeal point d of subparagraph 5.

2. Repeal point c of subparagraph 13.

3. Supplement subparagraph 13a after subparagraph 13

"13a. In the case where a travel service business has tourists who remain illegally abroad or in Vietnam, it shall be subject to administrative penalty according to the provisions at point d of subparagraph 9 of Article 21 of Decree No. 282/2025/NĐ-CP dated October 30, 2025 of the Government on administrative penalties in the fields of national security, public order, social safety; prevention and combating social evils; prevention and combating domestic violence."

4. Amending and replacing phrases at certain points of subparagraph 15

a) Supplement the phrase "point b and point c" before the phrase "subparagraph 11" at point a.

b) Replace the phrase "subparagraph 13" with the phrase "point b of subparagraph 13" at point b.

c) Supplement the phrase "point a and point b" before the phrase "subparagraph 9" at point d.

Article 3. Repealing phrases and points at Article 9

1. Repeal the phrase "point b and" at point a of subparagraph 10.

2. Repeal point b of subparagraph 10.

Article 4. Replacing phrases at Article 10

Replace the phrase "point a and point b" with the phrase "point a or point b" at subparagraph 7.

Article 5. Repealing subparagraph 5 of Article 12

Article 6. Amending and supplementing Article 19

"Article 19. Competence of the Maritime Inspectorate

1. Maritime Inspectors have the right:

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) To confiscate contraband items with a value not exceeding VND 10,000,000.

2. Chief Inspectors of the Maritime Inspectorate have the right:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) To confiscate contraband items;

d) To apply remedial measures prescribed in Article 4 of this Decree.

3. Chief of the Maritime Inspectorate has the right:

a) To issue warnings;

b) To impose fines up to VND 40,000,000;

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

d) To confiscate contraband items;

đ) To apply remedial measures prescribed in Article 4 of this Decree."

Article 7. Amending and supplementing Article 20

"Article 20. Competence of the Chairman of the People's Committee

1. Chairmen of the People's Committees of communes, wards, and special zones (hereinafter referred to as commune level) have the right:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

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

d) To confiscate contraband items;

đ) To apply remedial measures prescribed in Article 4 of this Decree.

2. Chairmen of the People's Committees of provinces and cities (hereinafter referred to as provincial level) have the right:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

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

d) To confiscate contraband items;

đ) To apply remedial measures prescribed in Article 4 of this Decree."

Article 8. Amending and supplementing Article 21

"Article 21. Competence of Market Management

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

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) To confiscate contraband items with a value not exceeding VND 10,000,000.

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

a) To issue warnings;

b) Impose fines up to 15,000,000 VND;

c) Confiscate administrative violation objects with a value not exceeding 30,000,000 VND;

d) Apply remedial measures prescribed in Article 4 of this Decree.

3. The head of the Market Management Branch, the head of the Market Management Business Affairs Department under the Domestic Market Management and Development Department has the right to:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) To confiscate contraband items;

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

đ) Apply remedial measures prescribed in Article 4 of this Decree.

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

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) To confiscate contraband items;

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

đ) To apply remedial measures prescribed in Article 4 of this Decree."

Article 9. Amending and supplementing Article 22

"Article 22. Competence of Border Guard Force

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

a) To issue warnings;

b) Impose fines up to 2,500,000 VND;

c) Confiscate administrative violation objects with a value not exceeding 5,000,000 VND.

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

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) To confiscate contraband items with a value not exceeding VND 10,000,000.

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

a) To issue warnings;

b) Impose fines up to 7,500,000 VND;

c) Confiscate administrative violation objects with a value not exceeding 15,000,000 VND.

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

a) To issue warnings;

b) Impose fines up to 15,000,000 VND;

c) Confiscate administrative violation objects with a value not exceeding 30,000,000 VND;

d) Apply remedial measures prescribed in Article 4 of this Decree.

5. The team leader of the Special Task Force against Drugs and Crime under the Drug and Crime Prevention Department of the Border Guard Command have the right to:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

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

d) To confiscate contraband items;

đ) Apply remedial measures prescribed in Article 4 of this Decree.

6. The commander-in-chief of the Border Guard Command; the maritime division commander, the head of the Drug and Crime Prevention Department of the Border Guard Command have the right to:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

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

d) To confiscate contraband items;

đ) To apply remedial measures prescribed in Article 4 of this Decree."

Article 10. Amending and supplementing Article 23

"Article 23. Competence of Coast Guard

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

a) To issue warnings;

b) Impose fines up to 2,500,000 VND;

c) Confiscate administrative violation objects with a value not exceeding 5,000,000 VND.

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

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) To confiscate contraband items with a value not exceeding VND 10,000,000.

3. The head of the Coast Guard business affairs team, the station chief of the Coast Guard station have the right to:

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

c) Confiscate administrative violation objects with a value not exceeding 20,000,000 VND.

4. The maritime squadron commander have the right to:

a) To issue warnings;

b) Impose fines up to 15,000,000 VND;

c) Confiscate administrative violation objects with a value not exceeding 30,000,000 VND;

d) Apply remedial measures prescribed in Article 4 of this Decree.

5. The maritime division commander; the team leader of the reconnaissance team, the team leader of the Special Task Force against Drug Crimes of the Vietnam Coast Guard have the right to:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

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

d) To confiscate contraband items;

đ) Apply remedial measures prescribed in 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 issue warnings;

b) Impose fines up to 40,000,000 VND;

c) Revoke the right to use a time-limited license or certificate of practice.

d) To confiscate contraband items;

đ) Apply remedial measures prescribed in Article 4 of this Decree.

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

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

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

d) To confiscate contraband items;

đ) To apply remedial measures prescribed in Article 4 of this Decree."

Article 11. Amending and supplementing Article 24

"Article 24. Competence of People's Public Security

1. People's Public Security soldiers performing their duties have the right to:

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) To confiscate contraband items with a value not exceeding VND 10,000,000.

2. The head of the Mobile Police Company have the right to:

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

c) Confiscate administrative violation objects with a value not exceeding 20,000,000 VND.

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 issue warnings;

b) Impose fines up to 15,000,000 VND;

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

d) Confiscate administrative violation objects with a value not exceeding 30,000,000 VND.

4. The village police chief have the right to:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

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

d) To confiscate contraband items;

đ) Apply remedial measures prescribed in Article 4 of this Decree.

5. The airport customs police station chief; the head of the business affairs department under the Internal Security Bureau; the head of the business affairs department under the Internal Political Security Bureau; the head of the business affairs department under the Economic Security Bureau; the head of the business affairs department under the Administrative Police Bureau for Social Order; the head of the business affairs department under the Traffic Police Bureau; the head of the business affairs department under the Fire Prevention, Fighting and Rescue Bureau; the head of the business affairs department under the Cybersecurity and High-Tech Crime Prevention Bureau; the head of the business affairs department under the Exit and Entry Administration Bureau; the provincial police department head including: the internal security bureau chief; the internal political security bureau chief, the administrative police bureau chief for social order, the criminal investigation bureau chief for social order crimes, the criminal investigation bureau chief for corruption, economic, smuggling, environmental crimes, the criminal investigation bureau chief for drug crimes, the traffic police bureau chief, the mobile police bureau chief, the criminal enforcement and judicial support bureau chief, the fire prevention, fighting and rescue bureau chief, the cybersecurity and high-tech crime prevention bureau chief, the exit and entry administration bureau chief, the economic security bureau chief, the foreign security bureau chief, the director of the Office of the Provincial Public Security Investigation Bureau have the right to:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

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

d) To confiscate contraband items;

đ) Apply remedial measures prescribed in Article 4 of this Decree.

6. The provincial public security director have the right to:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

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

d) To confiscate contraband items;

đ) Apply remedial measures prescribed in Article 4 of this Decree.

7. The head of the Internal Political Security Bureau, the head of the Economic Security Bureau, the director of the Ministry of Public Security Investigation Bureau Office, the head of the Administrative Police Bureau for Social Order, the head of the Criminal Investigation Bureau for Social Order Crimes, the head of the Criminal Investigation Bureau for Corruption, Economic, Smuggling Crimes, the head of the Criminal Investigation Bureau for Drug Crimes, the head of the Traffic Police Bureau, the head of the Fire Prevention, Fighting and Rescue Bureau, the head of the Environmental Crime Prevention Bureau, the head of the Cybersecurity and High-Tech Crime Prevention Bureau, the head of the Internal Security Bureau, the head of the Temporary Detention, Custody and Community Enforcement Bureau, the head of the Exit and Entry Administration Bureau, the commander of the Mobile Police Force, the director of the National Data Center have the right to:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

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

d) To confiscate contraband items;

đ) To apply remedial measures prescribed in Article 4 of this Decree."

Article 12. Supplement Article 24a

"Article 24a. The authority of the head of the agency performing state management tasks by specialized fields and sectors

1. The Director of the Highway Management Zone under the Vietnam Road Administration Bureau; the Head of the Northern Maritime and Inland Waterway Inspection Branch; the Head of the Southern Maritime and Inland Waterway Inspection Branch have the right:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

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

d) To confiscate contraband items;

đ) To apply remedial measures prescribed in Article 4 of this Decree.

2. The Directors of the Departments of Culture, Sports and Tourism, Tourism, Industry and Trade, Construction; the Head of the inspection team established by the Director of the National Tourism Administration; the Head of the inspection team established by the Director of the Vietnam Road Administration Bureau; the Head of the inspection team established by the Director of the Vietnam Maritime and Inland Waterway Administration have the right:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

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

d) To confiscate contraband items;

đ) To apply remedial measures prescribed in Article 4 of this Decree.

3. The Director of the Vietnam Maritime and Inland Waterway Administration; the Director of the Vietnam Road Administration Bureau; the Director of the Environment Administration; the Director of the Overseas Labor Management Administration; the Director of the National Tourism Administration; the Director of the Office of the Ministry of Culture, Sports and Tourism; the Head of the inspection team established by the Minister of Culture, Sports and Tourism; the Head of the inspection team established by the Minister of Construction have the right:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

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

d) To confiscate contraband items;

đ) To apply remedial measures prescribed in Article 4 of this Decree."

Article 13. Supplement Article 24b

"Article 24b. The authority of the Port Maritime Service, Inland Waterway Service

1. The Representative of the Port Maritime Service, the Representative of the Inland Waterway Service have the right:

a) To issue warnings;

b) To impose fines up to VND 12,500,000;

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

d) To confiscate administrative violation objects with a value not exceeding VND 25,000,000;

đ) To apply remedial measures prescribed in Article 4 of this Decree.

2. The Director of the Port Maritime Service, the Director of the Inland Waterway Service have the right:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

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

d) To confiscate contraband items;

đ) To apply remedial measures prescribed in Article 4 of this Decree."

Article 14. Amend and supplement Article 25

"Article 25. Division of authority for imposing administrative penalties in the field of tourism

1. The Chairpersons of People's Committees at all levels have the authority to prepare records of administrative violations, impose administrative penalties, and apply measures to mitigate consequences for administrative violations stipulated in Chapter II of this Decree.

2. The Directors of the Departments of Culture, Sports and Tourism, Tourism; the Head of the inspection team established by the Director of the National Tourism Administration; the Director of the National Tourism Administration; the Director of the Office of the Ministry of Culture, Sports and Tourism; the Head of the inspection team established by the Minister of Culture, Sports and Tourism impose penalties on administrative violations stipulated in Chapter II of this Decree; point d Clause 9 Article 21 Decree No. 282/2025/NĐ-CP and point c Clause 2 Article 52 Decree No. 122/2021/NĐ-CP dated December 28, 2021 of the Government on administrative penalties in the field of planning and investment.

3. The Director of the Highway Management Zone under the Vietnam Road Administration Bureau; the Head of the Northern Maritime and Inland Waterway Inspection Branch; the Head of the Southern Maritime and Inland Waterway Inspection Branch; the Port Maritime Service, the Inland Waterway Service; the Director of the Department of Construction; the Head of the inspection team established by the Director of the Vietnam Road Administration Bureau; the Head of the inspection team established by the Director of the Vietnam Maritime and Inland Waterway Administration; the Vietnam Marine Inspectorate; the Director of the Vietnam Maritime and Inland Waterway Administration; the Director of the Vietnam Road Administration Bureau; the Head of the inspection team established by the Minister of Construction impose penalties on administrative violations stipulated in Articles 17 and 18 of this Decree.

4. The Director of the Overseas Labor Management Administration imposes penalties on administrative violations stipulated in point a Clause 5, point d Clause 13 Article 7; the act of not having a labor contract with travel service enterprises or tour guide service enterprises stipulated in point d Clause 5, Clause 9 Article 9 of this Decree.

5. The Director of the Environment Administration imposes penalties on administrative violations stipulated in Clause 4 Article 11; point a Clause 5 Article 13; point e Clause 3, points g, h and i Clause 4; point b Clause 5 Article 16 of this Decree.

6. The Director of the Department of Industry and Trade, Market Management impose penalties on administrative violations stipulated in point a Clause 3, point c Clause 4 Article 6; point b Clause 3 Article 8; point c Clause 1, Clause 4 Article 10; Clause 1, point h Clause 4 Article 13 of this Decree.

7. Border Guard impose penalties on administrative violations stipulated in point a Clause 3, point c Clause 4, Clauses 5, 6 and 7 Article 6; Clause 1 and Clause 4 Article 7; Article 9; Article 14; Clauses 2, 3, 4, 5, 6 and 7 Article 15; Article 17 and Article 18 of this Decree.

8. Coast Guard impose penalties on administrative violations stipulated in Clauses 5, 6 and 7 Article 6; Clause 1 and Clause 4 Article 7; Article 9; Article 14; Clauses 2, 3, 4, 5, 6 and 7 Article 15; Article 17; Article 18 of this Decree.

9. Public Security impose penalties on administrative violations stipulated in point a and point b Clause 3, point a and point c Clause 4, Clauses 5, 6 and 7 Article 6; Clause 1, point b and point c Clause 2, point a and point c Clause 4, point c Clause 8, point b, point c and point d Clause 9, point d Clause 13, Clause 13a, point đ Clause 14 Article 7; Clause 6 and Clause 7 Article 8; Clause 3 and Clause 4, point a and point b Clause 6, Clauses 7, 8 and 9 Article 9; Clause 6 Article 10; Clause 4 Article 12; point b Clause 5 Article 13; Article 14; Clauses 2, 3, 4, 5, 6, 7 and 8 Article 15; Clause 1, point a Clause 2, point c Clause 3, point k and point l Clause 4, point a Clause 5 Article 16 and Article 17 of this Decree."

Article 15. Amend and supplement Clause 1 and Clause 2 of Article 26.

“1. The competent authority prescribed to impose administrative penalties from Article 19 to Article 24b of this Decree shall have the right to issue an administrative violation record in accordance with their functions, tasks, and authorities assigned under Article 25 of this Decree.

2. Civil servants and public officials assigned to perform inspection and supervision tasks in the tourism sector shall have the right to issue an administrative violation record and transfer the administrative violation file to the competent authority for imposing penalties to proceed with the penalty in accordance with the provisions of the law.”

Article 16. Implementation Provisions

This Decree takes effect from February 15, 2026.

Article 17. Transitional Provisions

For administrative violation files currently being processed, administrative penalty decisions that have been issued or fully executed before the effective date of this Decree, if individuals or organizations subject to administrative penalties still lodge complaints, the provisions of Decree No. 45/2019/NĐ-CP dated May 21, 2019 of the Government on administrative penalties in the field of tourism; Decree No. 129/2021/NĐ-CP dated December 30, 2021 of the Government amending and supplementing certain articles of Decrees on administrative penalties in the fields of tourism; sports; copyright and related rights; culture and advertising shall apply.