Law Amending and Supplementing Certain Articles of the Law on Administrative Offense Handling No. 67/2020/QH14

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE LAW ON ADMINISTRATIVE VIOLATION HANDLING

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates this Law to amend and supplement certain articles of the Law on Administrative Violation Handling No. 15/2012/QH13 which has been amended and supplemented by certain articles pursuant to Law No. 54/2014/QH13 and Law No. 18/2017/QH14.

Article 1. Amendments and supplements to certain articles of the Law on Administrative Violation Handling

1. Amend and supplement Clause 5 of Article 2 as follows:

“5. Repeat offense is the act where an individual or organization has been issued an administrative violation penalty decision but before the period during which they are not considered to have been penalized for administrative violations has expired, they again commit an administrative violation that was previously penalized; an individual who has been issued a decision to apply an administrative handling measure but before the period during which they are not considered to have had such a measure applied has expired, commits an act that falls under the category subject to such an administrative handling measure.”

2. Amend and supplement Point d Clause 1 of Article 3 as follows:

“d) Administrative violations shall only be penalized when there is an administrative violation as prescribed by law.

A single administrative violation shall only be penalized once.

When multiple individuals jointly commit a single administrative violation, each violator shall be penalized for that administrative violation.

An individual who commits multiple administrative violations or repeatedly commits administrative violations shall be penalized for each separate violation, except in cases where repeated administrative violations are stipulated by the Government as aggravating circumstances;”

3. Amend and supplement Article 4 as follows:

“Article 4. Competence to prescribe administrative violation penalties and the regime for applying administrative handling measures

1. Based on the provisions of this Law, the Government shall prescribe the following contents:

a) Administrative violations; completed administrative violations and ongoing administrative violations; forms of penalties, penalty amounts, measures to remedy consequences for each administrative violation; subjects to be penalized; authority to impose penalties, specific fine amounts according to each position and authority to prepare records for administrative violations; enforcement of administrative violation penalties and measures to remedy consequences in each field of state management;

b) The regime for applying administrative handling measures.

2. Forms used in handling administrative violations shall be implemented in accordance with the regulations of the Government.

3. Based on the provisions of this Law, the Standing Committee of the National Assembly shall prescribe administrative violation penalties for state audit activities and for acts obstructing judicial proceedings.”

4. Amend and supplement certain points of Clause 1 and Clause 2 of Article 6 as follows:

a) Amend and supplement point a, Clause 1 as follows:

“a) The statute of limitations for administrative violation penalties is one year, except for the following cases:

Administrative violations related to accounting; invoices; fees and charges; insurance business; price management; securities; intellectual property; construction; fisheries; forestry; investigation, planning, exploration, exploitation, utilization of water resources; oil and gas activities and other mineral resource activities; environmental protection; atomic energy; housing and office management; land; dyke and sluice; press; publishing; production, export, import, trading of goods; production, sale of prohibited goods, counterfeit goods; overseas labor management, the statute of limitations for administrative violation penalties is two years.

Administrative violations related to taxes shall be governed by the statute of limitations for administrative violation penalties as provided by tax management laws;”

b) Amend and supplement Point a and Point b Clause 2 as follows:

“a) The statute of limitations for applying community education measures at commune, ward, town level is one year from the date the individual commits the act violating the provisions of Clause 1, Article 90; six months from the date the individual commits the act violating the provisions of Clause 2, Article 90; six months from the date the individual commits the last act among the violations listed in Clauses 3, 4, and 6, Article 90; three months from the date the individual commits the last act violating the provisions of Clause 5, Article 90 of this Law;

b) The statute of limitations for applying educational institution placement measures is one year from the date the individual commits the act violating the provisions of Clauses 1 and 2, Article 92; six months from the date the individual commits one of the acts violating the provisions of Clauses 3 and 4, Article 92 of this Law;”

c) Supplement Point d after Point d Clause 2 as follows:

“d) Within the time limits prescribed in Points a, b, c, and d of this Clause, if an individual intentionally evades or obstructs the application of administrative handling measures, the statute of limitations shall be recalculated from the date the evasion or obstruction ends.”

5. Amend and supplement certain clauses of Article 12 as follows:

a) Amend and supplement Clause 6 as follows:

“6. Incorrectly identifying administrative violations; incorrectly applying forms of penalties, penalty amounts, measures to remedy consequences for administrative violations.”

b) Supplement Clause 8a after Clause 8 as follows:

“8a. Failure to monitor, urge, inspect, organize compulsory enforcement of penalty decisions, measures to remedy consequences.”

6. Amend and supplement certain clauses of Article 17 as follows:

a) Supplement Point d after Point d Clause 2 as follows:

“d) Prescribe reporting systems and statistical forms for administrative violation handling data.”

b) Amend and supplement Clause 4 as follows:

“4. Within their respective duties and powers, the Supreme People's Court and the State Audit Office shall implement the provisions of Clause 2 of this Article and submit annual reports to the Ministry of Justice on administrative violation handling work within their respective areas of management; direct lower-level courts and subordinate agencies of the State Audit Office to report and provide information on administrative violation handling.”

c) Amending and supplementing Clause 6 as follows:

“6. The agency of the person with the authority to impose administrative violation penalties, the People's Court with the authority to decide on the application of administrative handling measures, the agency enforcing penalty decisions, the agency enforcing compulsory enforcement decisions, and the agency enforcing decisions on the application of administrative handling measures shall be responsible for providing and updating information on administrative violation handling within their authority and scope of management to the National Database on Administrative Violation Handling.”

7. Amend and supplement Clause 3 of Article 18 as follows:

"3. Within their respective duties and authorities, the Minister, Head of a ministry-level agency, Chairperson of People's Committees at all levels, and heads of agencies or units authorized to handle administrative violations shall be responsible for detecting errors in decisions on handling administrative violations issued by themselves or their subordinates, and promptly correcting, amending, supplementing, or revoking such decisions, and issuing new decisions within their authority."

The Government shall provide detailed regulations for this Clause.

8. Amend and supplement Clause 3 of Article 21 as follows:

"3. Each administrative violation shall be prescribed with one main form of punishment, which may also include one or more supplementary forms of punishment."

Supplementary forms of punishment may be applied alongside the main form of punishment, except in cases provided for in Clause 2 of Article 65 of this Law.

9. Amend and supplement Clause 3 and Clause 4 of Article 23 as follows:

"3. Based on the act, fine range, or specific fine amount prescribed in the Government’s decree, and the special economic and social management requirements of the locality, the People's Council of a centrally-administered city has the right to decide on the specific fine range or amount for acts of violation in the fields specified in Clause 1 of this Article, but it must not exceed the maximum fine amount stipulated for the corresponding field under Article 24 of this Law."

4. The specific fine amount for a single administrative violation is the average of the fine range prescribed for that act; if there are mitigating circumstances, the fine amount may be reduced but must not be lower than the minimum of the fine range; if there are aggravating circumstances, the fine amount may be increased but must not exceed the maximum of the fine range.

The Government shall provide detailed regulations for this Clause.

10. Amend and supplement some Clauses of Article 24 as follows:

a) Amend and supplement Clause 1 as follows:

"1. The maximum fine amount for individuals in various fields of state management is as follows:"

a) Fine up to VND 30,000,000: marriage and family; gender equality; domestic violence; archives; beliefs and religions; commendation and reward; administrative justice; population; environmental hygiene; statistics; foreign affairs;

b) Fine up to VND 40,000,000: public security and social order; hindering judicial proceedings; civil enforcement; bankruptcy of enterprises and cooperatives; electronic transactions; postal services;

c) Fine up to VND 50,000,000: fire prevention and firefighting; rescue and relief; judicial assistance; preventive healthcare; HIV/AIDS prevention; culture; sports; tourism; science and technology management; technology transfer; child protection and care; social assistance and relief; disaster prevention and control; plant quarantine and inspection; genetic resource management (excluding livestock genetic resources); crop cultivation (excluding fertilizers); veterinary medicine; accounting; independent auditing; fees and charges; public asset management; invoices; national reserves; chemicals; meteorology and hydrology; surveying and mapping; business registration; state auditing;

d) Fine up to VND 75,000,000: confidential communications; border management and protection; national defense and security; labor; education; vocational education; road traffic; railway traffic; inland waterway traffic; health insurance; social insurance; unemployment insurance; social evil prevention;

đ) Fine up to VND 100,000,000: dike and reservoir management; medical examination and treatment; cosmetics; pharmaceuticals and medical equipment; animal husbandry; fertilizers; advertising; gambling and games of chance; overseas labor management; maritime traffic; civil aviation activities; transportation infrastructure management and protection; information technology; telecommunications; radio frequency management; cyber security; information security; publishing; printing; trade; customs and tax procedures; lottery business; insurance business; thrift and anti-waste practices; explosive material management; power supply;

e) Fine up to VND 150,000,000: price management; construction materials exploitation, production, and trading; technical infrastructure project management; housing development and office management; bidding; investment;

g) Fine up to VND 200,000,000: prohibited goods and counterfeit goods production and trading; consumer rights protection;

h) Fine up to VND 250,000,000: water resource investigation, planning, exploitation, and utilization; irrigation; intellectual property; press;

i) Fine up to VND 500,000,000: construction; forestry; land; real estate business;

k) Fine up to VND 1,000,000,000: management of Vietnam's marine areas, islands, and continental shelf; nuclear and radioactive substance management, atomic energy; currency, precious metals, gemstones, banking, credit; oil and gas activities and other mineral activities; environmental protection; fisheries."

b) Amend and supplement Clause 3 as follows:

"3. The maximum fine amount for the fields of taxation; measurement; food safety; product and commodity quality; securities; competition, as prescribed in the relevant laws."

11. Amend and supplement Clause 3 of Article 25 as follows:

"3. The period of suspension of the right to use licenses and certificates, and cessation of operations prescribed in Clauses 1 and 2 of this Article shall be from one month to twenty-four months, starting from the date the penalty decision becomes effective. The authority issuing the penalty retains the license and certificate during the suspension period."

The specific period of suspension of the right to use licenses and certificates, and cessation of operations for a single administrative violation is the average of the suspension and cessation time frame prescribed for that act; if there are mitigating circumstances, the suspension and cessation period may be reduced but must not be lower than the minimum of the suspension and cessation time frame; if there are aggravating circumstances, the suspension and cessation period may be extended but must not exceed the maximum of the suspension and cessation time frame.

The Government shall provide detailed regulations for this Clause.

12. Amend and supplement some Clauses of Article 39 as follows:

a) Amend and supplement the opening part of Clause 2 as follows:

"2. The head of a motorized police unit battalion, the station chief, and the team leader of those persons prescribed in Clause 1 of this Article have the right:"

b) Amend and supplement the opening part of Clause 3 as follows:

"3. The Chief of Police of a commune, the Chief of a police post, the Chief of a border gate police station, industrial zone police station, the Chief of an international airport border gate police station, the Battalion Commander of a motorized police battalion, and the Commander of a naval detachment have the right:"

c) Amend and supplement the opening paragraph of Clause 4 as follows:

“4. The Head of the Police Department at the provincial level; the Heads of the functional departments under the Political Security Branch of the Ministry of Public Security; the Heads of the functional departments under the Traffic Police Management Branch; the Heads of the functional departments under the Traffic Police Department; the Heads of the functional departments under the Fire Prevention and Fighting Department; the Heads of the functional departments under the Cybersecurity and High-Tech Crime Prevention Department; the Heads of the functional departments under the Exit and Entry Administration Department; the Heads of the functional departments under the Provincial Police Department including: the Head of the Political Security Department, the Head of the Traffic Police Management Department, the Head of the Social Order Crime Investigation Department, the Head of the Corruption, Economy, Smuggling Crime Investigation Department, the Head of the Drug Crime Investigation Department, the Head of the Traffic Police Department, the Head of the Road Traffic Police Department, the Head of the Waterway Police Department, the Head of the Mobile Police Department, the Head of the Protection Police Department, the Head of the Criminal Enforcement and Judicial Assistance Department, the Head of the Environmental Crime Prevention Department, the Head of the Fire Prevention and Fighting Department, the Head of the Cybersecurity and High-Tech Crime Prevention Department, the Head of the Exit and Entry Administration Department, the Head of the Economic Security Department, the Head of the Foreign Security Department, the Commander of the Mobile Police Regiment, the Commander of the Waterborne Unit have the following powers:”;

d) Amend and supplement the opening paragraph of Clause 5 as follows:

“5. The Director of the Provincial Police Department has the following powers:”;

đ) Amend and supplement the opening paragraph of Clause 6 as follows:

“6. The Heads of the Political Security Department, the Economic Security Department, the Traffic Police Management Department, the Social Order Crime Investigation Department, the Corruption, Economy, Smuggling Crime Investigation Department, the Drug Crime Investigation Department, the Traffic Police Department, the Fire Prevention and Fighting Department, the Environmental Crime Prevention Department, the Cybersecurity and High-Tech Crime Prevention Department, the Internal Security Department, the Detention, Custody and Community-based Criminal Enforcement Department, the Commander of the Mobile Police Force have the following powers:”.

13. Amend and supplement some clauses of Article 40 as follows:

a) Supplement Clause 2a after Clause 2 as follows:

“2a. The Head of the Special Task Force against Drugs and Crime under the Special Task Force against Drugs and Crime has the following powers:

a) To issue warnings;

b) To impose fines up to 10% of the maximum fine for the corresponding field prescribed in Article 24 of this Law but not exceeding 10,000,000 VND;

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply measures to remedy consequences prescribed in Points a, c and đ of Clause 1, Article 28 of this Law.”;

b) Amend and supplement Clause 3 and supplement Clause 3a after Clause 3 as follows:

“3. The Head of the Border Guard Station, the Commander of the Border Guard Squadron, the Chief of the Border Guard Command at the Port-Customs Gate have the following powers:

a) To issue warnings;

b) To impose fines up to 20% of the maximum fine for the corresponding field prescribed in Article 24 of this Law but not exceeding 25,000,000 VND;

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply measures to remedy consequences prescribed in Points a, c, d, đ and k of Clause 1, Article 28 of this Law.

3a. The Head of the Special Task Force against Drugs and Crime under the Counter-Narcotics and Crime Department of the Border Guard Command has the following powers:

a) To issue warnings;

b) To impose fines up to 50% of the maximum fine for the corresponding field prescribed in Article 24 of this Law but not exceeding 100,000,000 VND;

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply measures to remedy consequences prescribed in Points a, c, d, đ, i and k of Clause 1, Article 28 of this Law.”;

c) Amend and supplement Clause 4 as follows:

“4. The Commander of the Border Guard Force at the provincial level; the Commander of the Border Guard Flotilla, the Head of the Counter-Narcotics and Crime Department under the Border Guard Command have the following powers:

a) To issue warnings;

b) To impose fines up to the maximum amount for the corresponding field prescribed in Article 24 of this Law;

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 contraband and means of administrative violation;

đ) To apply measures to remedy consequences prescribed in Points a, c, d, đ, i and k of Clause 1, Article 28 of this Law.”.

14. Amend and supplement some clauses of Article 41 as follows:

a) Amend and supplement the opening paragraph of Clause 5 as follows:

“5. The Commander of the Coast Guard Flotilla; the Heads of the Reconnaissance Squadrons, the Heads of the Special Task Forces against Drug Crimes under the Vietnam Coast Guard Command have the following powers:”;

b) Amend and supplement Clause 6 of Article 41 as follows:

“6. The Commander of the Coast Guard Zone, the Head of the Operations and Legal Affairs Department under the Vietnam Coast Guard Command have the following powers:

a) To issue warnings;

b) To impose fines up to 50% of the maximum fine for the corresponding field prescribed in Article 24 of this Law but not exceeding 100,000,000 VND;

c) To revoke the right to use licenses and certificates of practice for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply measures to remedy consequences prescribed in Points a, c, d, đ and k of Clause 1, Article 28 of this Law.”;

c) Amend and supplement the opening paragraph of Clause 7 as follows:

“7. The Commander of the Vietnam Coast Guard has the following powers:”.

15. Amend and supplement Article 42 as follows:

“Article 42. Authority of Customs

The authority of Customs to impose penalties for acts of incorrect declaration leading to underpayment of taxes due or overpayment of tax exemptions, reductions, refunds, or non-collection; tax evasion; violations by commercial banks in failing to fulfill their responsibility to transfer funds from taxpayers' accounts to the state budget account for overdue taxes as required by tax management authorities shall be implemented in accordance with the provisions of the Law on Tax Administration. For other administrative violations, the authority of Customs to impose penalties is stipulated as follows:

1. Customs officials performing official duties have the right to:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

2. The Head of the Customs Sub-Department Team; the Head of the Control Team under the Provincial, Interprovincial, or Central City Customs Department; the Head of the Post-Clearance Inspection Sub-Department Team have the following powers:

a) To issue warnings;

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

3. The Head of the Customs Sub-Department; the Head of the Post-Clearance Inspection Sub-Department; the Head of the Control Team under the Provincial, Interprovincial, or Central City Customs Department; the Head of the Criminal Investigation Team, the Head of the Anti-Smuggling Control Team, the Head of the Maritime Control Squadron, and the Head of the Anti-Counterfeit Goods Smuggling Control Team and Intellectual Property Protection under the Anti-Smuggling Investigation Bureau; the Head of the Post-Clearance Inspection Sub-Department under the Post-Clearance Inspection Bureau have the following powers:

a) To issue warnings;

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

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply measures to remedy consequences as provided for in points d, đ, g, i, and k of Clause 1, Article 28 of this Law;

4. The Head of the Anti-Smuggling Investigation Bureau; the Head of the Post-Clearance Inspection Bureau under the General Department of Customs; the Head of the Provincial, Interprovincial, or Central City Customs Department have the following powers:

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) Confiscate contraband and means of administrative violation;

đ) To apply measures to remedy consequences as provided for in points d, đ, g, i, and k of Clause 1, Article 28 of this Law;

5. Chiefs of the General Department of Customs have the authority to:

a) To issue warnings;

b) To impose fines up to the maximum amount for the corresponding field prescribed in Article 24 of this Law;

c) To confiscate objects and means of administrative violations;

d) To apply measures to remedy consequences as provided for in points d, đ, g, i, and k of Clause 1, Article 28 of this Law.";

16. Amend and supplement the opening paragraph of Clause 4, Article 43 as follows:

"4. The Head of the Forest Management Sub-Department; the Head of the Regional Forest Management Sub-Department; the Head of the Special Task Force under the Forest Management Bureau have the following powers:"

17. Add Article 43a after Article 43 as follows:

“Article 43a. Authority of Fisheries Inspectors

1. Fisheries Inspectors performing their duties have the right to:

a) To issue warnings;

b) To impose fines up to VND 2,000,000.

c) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding two times the amount of the fine prescribed in point b of this clause.

2. The Head of Fisheries Inspection Stations under Fisheries Inspection Branches have the right to:

a) To issue warnings;

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

c) To seize objects and means of transportation used in violation of administrative regulations with a value not exceeding two times the amount of the fine prescribed in point b of this clause;

d) To apply measures to remedy consequences as provided for in points a, b, and i of Clause 1, Article 28 of this Law.

3. The Head of the Fisheries Management Sub-Department Region has the following powers:

a) To issue warnings;

b) Impose a fine up to VND 100,000,000.

c) To confiscate objects and means of administrative violations;

d) To apply measures to remedy consequences as provided for in points a, b, d, i, and k of Clause 1, Article 28 of this Law.

4. The Head of the Fisheries Management Bureau has the following powers:

a) To issue warnings;

b) To impose fines up to the maximum amount for the corresponding field prescribed in Article 24 of this Law;

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 contraband and means of administrative violation;

đ) To apply measures to remedy consequences as provided for in points a, b, d, i, and k of Clause 1, Article 28 of this Law.";

18. Supplement the opening paragraph before Clause 1, Article 44 as follows:

"The authority of the Tax Authority to impose penalties for acts of incorrect declaration leading to underpayment of taxes due or overpayment of tax exemptions, reductions, refunds, or non-collection; tax evasion; violations by commercial banks in failing to fulfill their responsibility to transfer funds from taxpayers' accounts to the state budget account for overdue taxes as required by tax management authorities shall be implemented in accordance with the provisions of the Law on Tax Administration. For other administrative violations, the authority of the Tax Authority to impose penalties is stipulated as follows:"

19. Amend and supplement some clauses of Article 45 as follows:

a) Amend and supplement the opening part of Clause 2 as follows:

"2. The Head of the Market Management Team; the Head of the Business Affairs Department under the Market Management Business Affairs Bureau have the following powers:"

b) Amend and supplement the opening part of Clause 3 as follows:

"3. The Head of the Provincial Market Management Bureau; the Head of the Market Management Business Affairs Bureau under the General Market Management Bureau have the following powers:"

c) Amend and supplement the opening paragraph of Clause 4 as follows:

"4. The Head of the General Market Management Bureau have the following powers:"

20. Add Article 45a after Article 45 as follows:

“Article 45a. Competence of the National Competition Commission

The implementation of the penalty authority of the National Competition Commission for acts of restrictive competition agreements, abuse of dominant market position, abuse of monopoly position, economic concentration, unfair competition shall be carried out in accordance with the provisions of the Competition Law. For other administrative violations, the Chairman of the National Competition Commission has the right:

1. Issue a warning;

2. To impose the maximum fine corresponding to the field specified in Article 24 of this Law;

3. To revoke the right to use licenses or certificates of practice for a limited period or suspend operations for a limited period;

4. To confiscate contraband goods and means of violating administrative regulations;

5. To apply remedial measures prescribed at points d, đ, g, i, and k of Clause 1, Article 28 of this Law.”

21. Amend and supplement some clauses of Article 46 as follows:

a) Amend and supplement the opening part of Clause 2 as follows:

“2. The Chief Inspector of the Department; the Chief Inspector of the Civil Aviation Administration of Vietnam; the Chief Inspector of the Vietnam Maritime Administration; the Chief Inspector of the Radiation and Nuclear Safety Administration; the Chief Inspector of the State Securities Commission; the Chief Inspector of the Defense Inspectorate of Military Region; the Chief Inspector of the Cryptographic Agency under the Government Cryptographic Board; the Director of the Animal Health Sub-Department Regional Office, the Director of the Animal Quarantine Sub-Department Regional Office under the Animal Health Department; the Director of the Plant Quarantine Sub-Department Regional Office under the Plant Protection Department; the Director of the Central Quality Management Sub-Department of Forestry Products, Aquatic Products, and the Director of the Southern Quality Management Sub-Department of Forestry Products, Aquatic Products under the Quality Management Department of Forestry Products, Aquatic Products; the Director of the Food Safety Sub-Department, the Director of the Population and Family Planning Sub-Department under the Department of Health; the Director of the Crop Production and Plant Protection Sub-Department, Livestock Sub-Department, Veterinary Sub-Department, Aquatic Sub-Department, Quality Management Sub-Department of Forestry Products, Aquatic Products, Water Resources Sub-Department, Dike and Flood Control Sub-Department, Forestry Development Sub-Department, Rural Development Sub-Department under the Department of Agriculture and Rural Development; the Director of the Standardization, Measurement, and Quality Control Sub-Department under the Department of Science and Technology; the Director of the Central Product Quality Management Sub-Department, the Director of the Southern Product Quality Management Sub-Department under the Product Quality Management Department; the Director of the Frequency Management Regional Center, the Director of the Social Insurance Provincial Branch; the equivalent positions of agencies assigned to perform specialized inspection functions as prescribed by the Government have the right:”

b) Amend and supplement the opening part of Clause 3 as follows:

“3. The Director of the General Statistics Office, the Director of the Provincial Treasury, the Director of the Product Quality Management Department under the General Department of Standardization, Measurement, and Quality Control; the equivalent positions of agencies assigned to perform specialized inspection functions as prescribed by the Government have the right:”

c) Amend and supplement the opening paragraph of Clause 4 as follows:

“4. The Chief Inspector of ministries, ministerial-level agencies, the Director-General of the Vietnam Highway Administration, the Director-General of the General Department of Standardization, Measurement, and Quality Control, the Director-General of the General Department of Vocational Education, the Director-General of the General Department of Water Resources, the Director-General of the General Department of Forestry, the Director-General of the General Department of Fisheries, the Director-General of the General Department of Geology and Mineral Resources of Vietnam, the Director-General of the General Department of Environment, the Director-General of the General Department of Land Management, the Director-General of the General Department of Population and Family Planning, the Director-General of the National Treasury, the Chairman of the State Securities Commission, the Head of the Government Cryptographic Board, the Head of the Government Religious Affairs Board, the Director of the Chemicals Department, the Director of the Industrial Safety and Environmental Protection Department, the Director of the Power Regulation Department, the Director of the Trade Promotion Department, the Director of the E-commerce and Digital Economy Department, the Director of the Vietnam Railway Administration, the Director of the Vietnam Inland Waterway Administration, the Director of the Vietnam Maritime Administration, the Director of the Vietnam Civil Aviation Administration, the Director of the Radiation and Nuclear Safety Administration, the Director of the Animal Health Department, the Director of the Plant Protection Department, the Director of the Crop Production Department, the Director of the Livestock Department, the Director of the Quality Management Department of Forestry Products, Aquatic Products, the Director of the Cooperative Economic Development Department, the Director of the Insurance Supervision and Management Department, the Director of the Radio Frequency Management Department, the Director of the Telecommunications Department, the Director of the Broadcasting, Television, and Electronic Information Department, the Director of the Press Department, the Director of the Publishing, Printing, and Distribution Department, the Director of the Drug Administration Department, the Director of the Medical Examination and Treatment Management Department, the Director of the Health Environment Management Department, the Director of the Preventive Medicine Department, the Director of the Food Safety Department, the Director of the Judicial Assistance Department, the Director of the Registry, Citizenship, and Notarization Department, the Director of the Overseas Labor Management Department, the Director of the Occupational Safety and Health Department, the Director-General of the Vietnam Social Insurance; the equivalent positions of agencies assigned to perform specialized inspection functions as prescribed by the Government have the right:”

d) Amend and supplement Clause 5 as follows:

“5. The head of the ministry-level specialized inspection team, the head of the specialized inspection team established by the Director-General of the Vietnam Social Insurance have the power to impose penalties according to the provisions of Clause 3 of this Article.

The head of the provincial specialized inspection team, the head of the specialized inspection team of the agency assigned to perform specialized inspection functions have the power to impose penalties according to the provisions of Clause 2 of this Article.”

22. Amend and supplement the opening clause of Article 47, Clause 2 as follows:

“2. The Director of the Marine Port Authority, the Director of the Civil Aviation Port Authority, the Director of the Inland Waterway Port Authority have the right:”

23. Amend and supplement the opening clause of Article 48, Clause 4 as follows:

“4. The President of the People's Court of the province, the President of the Military Region Court and equivalent, the President of the Specialized Division of the High People's Court have the right:”

24. Add Article 48a after Article 48 as follows:

“Article 48a. Authority of the State Audit Office

1. The Head of the Audit Team has the right to:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Apply the measures to remedy consequences as prescribed in Clause 1 of Article 28 of this Law.

2. The Auditor General has the right to:

a) To issue warnings;

b) To impose fines up to the maximum amount for the corresponding field prescribed in Article 24 of this Law;

c) Apply the measures to remedy consequences as prescribed in Clause 1 of Article 28 of this Law.”

25. Amend and supplement some clauses of Article 49 as follows:

a) Amend and supplement the opening clause of Article 49, Paragraph 5 as follows:

“5. The Director of the Civil Enforcement Bureau, the Director of the Military Enforcement Bureau under the Ministry of National Defense have the right:”;

b) Repeal Paragraph 3.

26. Amend and supplement the opening clause of Article 52, Paragraph 4 as follows:

“4. In cases where an administrative violation case involves multiple violations, the authority to impose administrative penalties shall be determined according to the following principles:”.

27. Amend and supplement Article 53 as follows:

“Article 53. Changing the name, tasks, and powers of the position with authority to impose administrative penalties

1. In cases where the position with authority to impose administrative penalties specified in this Law changes its name but does not change its tasks and powers, the penalty-imposing authority of that position shall remain unchanged.

2. In cases where the position with authority to impose administrative penalties changes its tasks and powers, the penalty-imposing authority of that position shall be regulated by the Government after obtaining the consent of the Standing Committee of the National Assembly.”

28. Amend and supplement Article 54 as follows:

“Article 54. Delegating the Power to Impose Penalties

1. The person with the authority to impose administrative penalties as stipulated in Article 38; Clauses 2, 3, 4, 5, 6, and 7 of Article 39; Clauses 2, 2a, 3, 3a, and 4 of Article 40; Clauses 3, 4, 5, 6, and 7 of Article 41; Clauses 2, 3, 4, and 5 of Article 42; Clauses 2, 3, 4, and 5 of Article 43; Clauses 2, 3, and 4 of Article 43a; Clauses 2, 3, 4, and 5 of Article 44; Clauses 2, 3, and 4 of Article 45; Article 45a; Clauses 2, 3, and 4 of Article 46; Article 47; Clause 3 and Clause 4 of Article 48; Clause 2 of Article 48a; Clauses 2, 4, and 5 of Article 49; Article 51 of this Law may delegate the power to impose administrative penalties to deputy-level officials.

2. The delegation of the power to impose administrative penalties shall be carried out regularly or on a case-by-case basis, concurrently with the delegation of the power to apply preventive measures and ensure the handling of administrative violations as prescribed in Clauses 2, 3, 4, 5, 6, and 7 of Article 119 of this Law. The delegation of the power must be documented in a decision specifying clearly the scope, content, and duration of the delegation.

3. Deputy-level officials delegated the power to impose administrative penalties must bear responsibility before their superiors and the law for the execution of the delegated power. The person delegated the power shall not further delegate it to another person.

4. The Government shall provide detailed regulations on this matter.”

29. Amend and supplement Article 58 as follows:

“Article 58. Drafting Administrative Violation Records

1. When discovering an administrative violation within their area of management, the official with the authority who is performing official duties must promptly draft an administrative violation record, except in cases where penalties are imposed without drafting a record as prescribed in Clause 1 of Article 56 of this Law.

In cases where administrative violations occur on aircraft, ships, or trains, the aircraft commander, ship captain, or train conductor is responsible for organizing the drafting of the record and immediately transferring it to the official with the authority to impose administrative penalties upon the aircraft, ship, or train's arrival at the airport, port, or station.

2. The administrative violation record must be drafted at the location where the violation occurred. If the record is drafted at the office of the official drafting the record or at another location, the reason must be clearly stated in the record.

3. The administrative violation record must contain the following main contents:

a) Time and place of drafting the record;

b) Information about the drafter of the record, the violator individual or organization, and related agencies, organizations, or individuals;

c) Time and place of occurrence of the violation; description of the incident and the violation behavior;

d) Statement of the violator or representative of the violating organization, witness, victim, or representative of the victimized organization;

đ) Preventive measures and assurance measures for handling administrative violations;

e) Rights and time limit for explanation.

4. The administrative violation record must be drafted in at least two copies, and must be signed by the drafter of the record and the violator or representative of the violating organization, except in cases where the record is drafted as prescribed in Clause 7 of this Article.

If the violator or representative of the violating organization does not sign the record, the record must have the signature of a representative of the local commune government where the violation occurred or of at least one witness confirming that the individual or organization did not sign the record; if there is no signature of a representative of the local commune government or witness, the reason must be clearly stated in the record.

5. Upon completion, the administrative violation record must be handed over to the violator individual or organization one copy; in cases where the administrative violation is not within the authority to impose penalties of the record drafter, the record and other documents must be transferred to the official with the authority to impose penalties within twenty-four hours from the time of drafting the record, except in cases where the administrative violation record is drafted on aircraft, ships, or trains.

6. In cases where the administrative violation record contains errors or does not fully and accurately reflect the contents prescribed in Clauses 3 and 4 of this Article, verification of the circumstances of the administrative violation case must be conducted according to the provisions of Article 59 of this Law to serve as the basis for issuing a penalty decision. The verification of the circumstances of the administrative violation case must be recorded in a verification record. The verification record is a document linked to the administrative violation record and is kept in the penalty file.

7. The administrative violation record may be drafted and sent electronically in cases where the agency of the official with the authority to impose penalties, the violator individual or organization meet the conditions regarding infrastructure, technology, and information.

8. The administrative violation record must be drafted in accordance with the content, form, and procedures prescribed by this Law and serves as the basis for issuing an administrative penalty decision, except in cases where penalties are imposed without drafting a record as prescribed in Clause 1 of Article 56, Clause 2 of Article 63 of this Law, and cases where the Tax Management Law provides otherwise.

9. The Government shall provide detailed regulations on this matter.”

30. Amend and supplement Article 61 as follows:

“Article 61. Explanation

1. For administrative violations where the law stipulates a form of punishment involving the temporary revocation of a license or professional certificate, or the temporary suspension of activities, or where the maximum fine within the penalty range for such violations is set at VND 15,000,000 or more for individuals and VND 30,000,000 or more for organizations, the violator has the right to provide an explanation directly or in writing to the authorized authority imposing the administrative violation penalty. The authorized authority imposing the penalty shall be responsible for considering the violator's explanation when making the penalty decision, except in cases where the violator does not request an explanation.

2. In cases where the explanation is provided in writing, the violator must submit the written explanation to the authorized authority imposing the administrative violation penalty within five working days from the date of issuance of the administrative violation record.

If the case involves multiple complex circumstances, the authorized authority imposing the penalty may extend the deadline but not exceeding five additional working days upon the request of the violator. Any extension by the authorized authority imposing the penalty must be in writing.

The violator themselves or their legally authorized representative may provide the written explanation.

3. In cases where the explanation is provided directly, the violator must submit a written request for a direct explanation to the authorized authority imposing the administrative violation penalty within two working days from the date of issuance of the administrative violation record.

The authorized authority imposing the penalty must notify the violator in writing about the time and location of the direct explanation session within five working days from the date of receipt of the violator's request.

The authorized authority imposing the penalty organizes the direct explanation session and is responsible for presenting the legal basis, circumstances, and evidence related to the administrative violation, the form of punishment, and the proposed measures to mitigate the consequences. The violator and their legally authorized representative have the right to participate in the session and present opinions and evidence to protect their legitimate rights and interests.

The direct explanation session must be recorded in a protocol and must bear the signatures of all parties involved; if the protocol consists of multiple pages, each party must sign each page. The protocol must be kept in the administrative violation penalty file and given to the violator or their legally authorized representative one copy.

4. In cases where the violator does not request an explanation but later requests it before the deadline specified in Clause 2 or Clause 3 of this Article expires, the authorized authority imposing the administrative violation penalty shall be responsible for considering the violator's explanation.

5. The Government shall specify detailed regulations for this Article.

31. Amend and supplement Clause 1 and Clause 2 of Article 63 as follows:

"1. For cases handled and resolved by the competent authority conducting criminal proceedings, but subsequently decided not to initiate a criminal investigation, revoke the decision to initiate a criminal investigation, suspend the investigation, terminate the case, terminate the case against the suspect, or exempt from criminal responsibility according to the judgment if there are signs of administrative violations, the competent authority conducting criminal proceedings must transfer the aforementioned decision along with the case file, evidence, and means of the violation (if any), and the document requesting the administrative violation penalty to the authorized authority imposing the administrative violation penalty within three working days from the date the decision takes effect.

2. The administrative violation penalty shall be based on the case file transferred by the authority specified in Clause 1 of this Article. If further verification of circumstances is necessary to make a penalty decision, the authorized authority imposing the penalty may prepare a protocol to verify the circumstances of the administrative violation as stipulated in Article 59 of this Law."

32. Amend and supplement Article 64 as follows:

“Article 64. Detection of Administrative Violations Using Technical Means and Equipment

1. Authorities with the power to impose administrative penalties, individuals, and organizations entrusted with managing technical means and equipment may use such technical means and equipment to detect administrative violations related to traffic order and safety, environmental protection, fire prevention and extinguishing, rescue operations, drug prevention, alcohol and beer harm prevention, and other areas specified by the Government after obtaining the consent of the National Assembly's Standing Committee.

2. The management, use, and listing of technical means and equipment must meet the following requirements and conditions:

a) Respect for citizens' freedom, dignity, human rights, privacy, and other legitimate rights and interests of individuals and organizations;

b) Compliance with procedures and rules for using technical means and equipment;

c) Results collected through technical means and equipment must be recorded in writing and can only be used for imposing administrative penalties;

d) Technical means and equipment must comply with technical standards and specifications, and have been inspected, calibrated, and tested according to the provisions of the law; these standards and specifications must be maintained throughout their use and between inspection, calibration, and testing periods., testing in accordance with the provisions of the law; technical standards and regulations must be maintained throughout the usage period and between two inspection, calibration, and testing periods.

3. The use and preservation of results collected through technical means and equipment must meet the following requirements and conditions:

a) Results collected through technical means and equipment include images, photographs, printed forms, measurement indices, and data stored in the memory of technical means and equipment as stipulated by this Law;

b) Results collected through technical means and equipment can only be used for imposing administrative penalties if they meet the requirements and conditions set forth in Clause 2 of this Article;

c) When there are results obtained through technical means and equipment, the authority with the power to impose administrative penalties must promptly identify the organization or individual committing the violation and notify them in writing;

In cases where the organization or individual committing the violation is identified, the authority must proceed to establish an administrative violation record in accordance with Article 58 of this Law, and the results obtained through technical means and equipment must be preserved in the administrative violation record;

d) Results obtained through technical means and equipment must be securely preserved and filed in the administrative penalty case file.

4. State authorities with the power to use technical means and equipment and other operational measures shall determine information and data collected from technical means and equipment provided by individuals and organizations to detect administrative violations.

5. The Government shall specify the management, use, and recipients of technical means and equipment, the list of technical means and equipment used to detect administrative violations, and the use and preservation of results collected through technical means and equipment; the process of collecting and using data obtained from technical means and equipment provided by individuals and organizations.”

33. Amend and supplement Clause 2 of Article 65 as follows:

“2. For cases specified in points a, b, c, and d of Clause 1 of this Article, the authority does not issue an administrative penalty decision but still must issue a decision to confiscate prohibited items or vehicles if the confiscated items or vehicles are banned from storage or circulation, or if the confiscated items or vehicles are subject to confiscation penalties and remedial measures prescribed for the specific administrative violation. The decision must clearly state the reasons for not issuing an administrative penalty decision; the confiscated items or vehicles; the remedial measures applied, responsibilities, and deadlines for implementation.

Confiscating prohibited items or vehicles and applying remedial measures as stipulated in this clause shall not be considered as having been administratively penalized.”

The confiscation of evidence and means of administrative violation, and the application of measures to remedy consequences as prescribed in this clause shall not be considered as having been administratively punished.”

34. Amend and supplement Article 66 as follows:

“Article 66. Time limit for issuing administrative penalty decisions

1. The time limit for issuing administrative penalty decisions shall be as follows:

a) For cases not falling under the circumstances specified in points b and c of this clause, the time limit for issuing the administrative penalty decision is seven working days from the date of issuance of the administrative violation record; for cases that must transfer the file to the competent authority to issue the penalty, the time limit for issuing the administrative penalty decision is ten working days from the date of issuance of the administrative violation record, except for the circumstances specified in Clause 3 of Article 63 of this Law;

b) For cases where individuals or organizations request clarification or verification of relevant circumstances as stipulated in Article 59 of this Law, the time limit for issuing the administrative penalty decision is one month from the date of issuance of the administrative violation record;

c) For cases falling under point b of this clause which are particularly serious and have many complex circumstances requiring additional time for investigation and evidence collection, the time limit for issuing the administrative penalty decision is two months from the date of issuance of the administrative violation record.

2. If the competent authority for administrative penalties, individuals, or organizations involved commit an error in exceeding the time limit without issuing the administrative penalty decision, they will be subject to legal provisions.”

35. Amend and supplement Clause 2 and Clause 3 of Article 71 as follows:

“2. In cases where an administrative violation occurs in the district where the individual resides or the organization has its headquarters but the individual or organization encounters difficulties in traveling and does not have the conditions to comply with the administrative penalty decision at the place of punishment, the administrative penalty decision shall be transferred to the agency at the same level where the individual resides or the organization has its headquarters to enforce it; if there is no agency at the same level where the individual resides or the organization has its headquarters, the administrative penalty decision shall be transferred to the People's Committee of the district to enforce it.

3. The agency that issued the administrative penalty decision for the cases specified in Clause 1 and Clause 2 of this Article shall be responsible for transferring the entire original file and related documents to the agency receiving the administrative penalty decision for enforcement according to the provisions of this Law. Seized items and means of transport violating administrative regulations (if any) shall be transferred to the agency receiving the administrative penalty decision for enforcement, except for cases where the seized items are live animals, plants, goods, or products prone to damage and difficult to preserve according to the law and other types of property specified by the Government.

Individuals and organizations violating administrative regulations must pay the costs of transferring the file, seized items, and means of transport violating administrative regulations.”

36. Amend and supplement Clause 1 of Article 74 as follows:

“1. The statute of limitations for enforcing an administrative penalty decision is one year from the date of issuance of the decision; beyond this period, the decision will no longer be enforced, except in cases where the administrative penalty decision applies confiscation of items and means of transport violating administrative regulations or measures to mitigate consequences, in which case such items and means of transport must still be confiscated and the measures to mitigate consequences must still be applied.”

37. Amend and supplement Article 76 as follows:

“Article 76. Suspension of Execution of Fine Decisions

1. The suspension of execution of fine decisions shall be applied when the following conditions are met:

a) Individuals fined VND 2,000,000 or more, organizations fined VND 100,000,000 or more;

b) Individuals experiencing economic difficulties due to natural disasters, catastrophes, fires, epidemics, serious illnesses, accidents; organizations experiencing special or sudden economic difficulties due to natural disasters, catastrophes, fires, epidemics.

In cases where individuals experience economic difficulties due to natural disasters, catastrophes, fires, epidemics, serious illnesses, or accidents, confirmation from the People's Committee of the commune where the individual resides or the educational institution or workplace where the individual studies or works is required; in cases where individuals experience economic difficulties due to serious illnesses or accidents, additional confirmation from a medical facility at the district level or higher is also required.

In cases where organizations experience economic difficulties due to natural disasters, catastrophes, fires, or epidemics, confirmation from the People's Committee of the commune, Industrial Park Management Board, Export Processing Zone Management Board, High-Tech Park Management Board, Economic Zone Management Board, or the direct tax management agency or its immediate superior agency is required.

2. Individuals and organizations must submit a request for suspension of compliance with the administrative penalty decision along with a confirmation document from the competent authority as stipulated in Clause 1 of this Article to the person who issued the administrative penalty decision within the time limit specified in Clause 2 of Article 68 of this Law. Within five working days from the date of receipt of the request, the person who issued the administrative penalty decision shall examine and decide on the suspension of the execution of the administrative penalty decision.

The suspension period shall not exceed three months from the date of the suspension decision.

3. Individuals and organizations granted suspension of compliance with the administrative penalty decision may reclaim the documents, seized items, and means of transport violating administrative regulations being temporarily held according to Clause 6 of Article 125 of this Law.”

38. Amend and supplement Article 77 as follows:

“Article 77. Reduction and Exemption of Fine Amounts

1. The reduction of part of the fine amount recorded in the decision on administrative penalty for individuals and organizations that have been suspended from executing the fine decision under the provisions of Article 76 of this Law shall be regulated as follows:

a) Individuals continue to face economic difficulties due to natural disasters, catastrophes, fires, epidemics, serious illnesses, accidents, and have confirmation from the People's Committee of the commune where they reside or the institution or organization where they study or work;

b) Organizations continue to face special or sudden economic difficulties due to natural disasters, catastrophes, fires, epidemics, and have confirmation from the People's Committee of the commune, Industrial Park Management Board, Export Processing Zone Management Board, High-Tech Park Management Board, Economic Zone Management Board, direct tax management agency, or the immediate superior agency.

2. Individuals are exempted from the remaining fine amount recorded in the decision on administrative penalty if they are unable to execute the decision and fall into one of the following cases:

a) They have been reduced part of the fine amount according to the provisions of Clause 1 of this Article and continue to face economic difficulties due to natural disasters, catastrophes, fires, epidemics, serious illnesses, accidents, and have confirmation from the People's Committee of the commune where they reside or the institution or organization where they study or work;

b) They have paid the first or second installment of the fine in cases where payment can be made in installments according to the provisions of Article 79 of this Law but face special or sudden economic difficulties due to natural disasters, catastrophes, fires, epidemics, serious illnesses, accidents, and have confirmation from the People's Committee of the commune where they reside or the institution or organization where they study or work; in cases of sudden economic difficulties due to serious illnesses or accidents, additional confirmation from a health facility at the district level or higher is required.

3. Organizations are exempted from the remaining fine amount recorded in the decision on administrative penalty when meeting the following conditions:

a) They have been reduced part of the fine amount according to the provisions of Clause 1 of this Article or have paid the first or second installment of the fine in cases where payment can be made in installments according to the provisions of Article 79 of this Law;

b) They have fully executed the supplementary administrative penalties and measures to remedy consequences recorded in the decision on administrative penalty;

c) They continue to face special or sudden economic difficulties due to natural disasters, catastrophes, fires, epidemics, and have confirmation from the People's Committee of the commune, Industrial Park Management Board, Export Processing Zone Management Board, High-Tech Park Management Board, Economic Zone Management Board, direct tax management agency, or the immediate superior agency.

4. Individuals who are unable to execute the decision are exempted from the entire fine amount recorded in the decision on administrative penalty if they fall into one of the following cases:

a) They have been suspended from executing the fine decision according to the provisions of Article 76 of this Law and continue to face economic difficulties due to natural disasters, catastrophes, fires, epidemics, serious illnesses, accidents, and have confirmation from the People's Committee of the commune where they reside or the institution or organization where they study or work;

b) They are fined VND 2,000,000 or more and are facing special or sudden economic difficulties due to natural disasters, catastrophes, fires, epidemics, serious illnesses, accidents, and have confirmation from the People's Committee of the commune where they reside or the institution or organization where they study or work; in cases of sudden economic difficulties due to serious illnesses or accidents, additional confirmation from a health facility at the district level or higher is required.

5. Organizations are exempted from the entire fine amount recorded in the decision on administrative penalty when meeting the following conditions:

a) They have been suspended from executing the fine decision according to the provisions of Article 76 of this Law;

b) They have fully executed the supplementary administrative penalties and measures to remedy consequences recorded in the decision on administrative penalty;

c) They continue to face special or sudden economic difficulties due to natural disasters, catastrophes, fires, epidemics, and have confirmation from the People's Committee of the commune, Industrial Park Management Board, Export Processing Zone Management Board, High-Tech Park Management Board, Economic Zone Management Board, direct tax management agency, or the immediate superior agency.

6. Individuals and organizations must submit a request for reduction or exemption of fines along with confirmation from the competent authority according to the provisions of Clauses 1, 2, 3, 4, and 5 of this Article to the person who issued the decision on administrative penalty. Within five working days from the date of receipt of the request, the person who issued the decision on administrative penalty shall examine and decide on the reduction or exemption and notify the individual or organization requesting the reduction or exemption; if they disagree with the reduction or exemption, they must provide specific reasons.

7. Individuals and organizations that are granted reductions or exemptions of fines shall receive back the documents, objects, and means of transport currently being temporarily detained according to the provisions of Clause 6 of Article 125 of this Law.”

39. Amend and supplement Clause 1 of Article 78 as follows:

“1. During the period of execution of the decision on administrative penalty as prescribed in Clause 2 of Article 68 or Clause 2 of Article 79 of this Law, individuals and organizations subject to administrative penalties must pay the fine at the State Treasury or deposit it into the account of the State Treasury recorded in the decision on administrative penalty, except in cases where the fine has already been paid according to the provisions of Clause 2 of this Article. If the deadline is exceeded, coercive enforcement of the decision on administrative penalty will be carried out, and for each day of delay in paying the fine, individuals and organizations in violation must pay an additional 0.05% of the total unpaid fine amount.”

40. Amend and supplement Clause 1 of Article 79 as follows:

“1. Payment of fines in installments shall be applied when the following conditions are met:

a) Being fined VND 15,000,000 or more for individuals and VND 150,000,000 or more for organizations;

b) Facing special economic difficulties and having a request to pay fines in installments. The request of individuals must be confirmed by the People's Committee of the commune where they reside or the institution or organization where they study or work regarding their special economic difficulties. The request of organizations must be confirmed by the People's Committee of the commune, Industrial Park Management Board, Export Processing Zone Management Board, High-Tech Park Management Board, Economic Zone Management Board, direct tax management agency, or the immediate superior agency regarding their special economic difficulties.”

41. Amend and supplement Clause 5 of Article 80 as follows:

“5. In case of discovering that a license or practice certificate was issued beyond the authority or contains illegal content, the authorized authority to impose penalties must immediately seize and issue a decision to revoke it according to its authority; in cases not within its revocation authority, it must seize and within two working days from the date of discovery, transfer the license or practice certificate to the agency or person who issued it for handling according to the law and inform the individual or organization in violation.”

42. Add Clause 3 following Clause 2 of Article 81 as follows:

“3. The objects and means of administrative violations that have been decided to be confiscated shall be disposed of in accordance with the provisions of the law on the management and use of state assets.”

43. Amend and supplement Clause 1 of Article 86 as follows:

“1. Forced execution of decisions on administrative penalties shall be applied in the following cases:

a) Individuals or organizations subject to administrative penalties do not voluntarily comply with the decision on administrative penalties as prescribed in Article 73 of this Law;

b) Individuals or organizations committing administrative violations do not voluntarily repay the expenses incurred by the agency implementing measures to mitigate consequences as prescribed in Clause 5 of Article 85 of this Law.”

44. Amend and supplement Article 87 as follows:

“Article 87. Authority to decide on forced execution

1. The following persons have the authority to issue decisions on forced execution:

a) Chairpersons of People's Committees at all levels;

b) Heads of Police Posts, Chiefs of Police Departments at district level, Directors of Provincial Public Security Departments, Chiefs of Economic Security Service, Chiefs of Administrative Management Police Service, Chiefs of Social Order Investigation Police Service, Chiefs of Corruption, Economy, Smuggling Investigation Police Service, Chiefs of Drug Investigation Police Service, Chiefs of Traffic Police Service, Chiefs of Fire Prevention, Firefighting and Rescue Service, Chiefs of Environmental Crime Prevention Police Service, Chiefs of Cybersecurity and High-Tech Crime Prevention Police Service, Chiefs of Internal Security Service, Chiefs of Temporary Detention, Pretrial Detention and Community Execution Service, Commanders of Mobile Police Force;

c) Chiefs of Border Guard Posts, Commanders of Border Gate Command, Commanders of Frontier Guards at provincial level, Chiefs of Border Guard Flotillas; Chiefs of Special Task Forces for Drug Control and Crime Suppression, Chiefs of Drug Control and Crime Suppression Service; Commanders of Coast Guard Zones, Commanders of Vietnam Coast Guard;

d) Chiefs of Customs Branches; Chiefs of Post-Customs Inspection Branches, Chiefs of Supervision Teams under Provincial Customs Departments, inter-provincial and central city customs departments; Chiefs of Criminal Investigation Teams, Chiefs of Anti-Smuggling Supervision Teams, Chiefs of Sea Supervision Flotillas and Chiefs of Anti-Fake Goods and Intellectual Property Protection Supervision Teams under Anti-Smuggling Investigation Bureau; Chiefs of Post-Customs Inspection Branches under Post-Customs Inspection Service; Chiefs of Provincial, inter-provincial and central city customs departments; Chiefs of Post-Customs Inspection Service; Chiefs of Anti-Smuggling Investigation Bureau; Chief of General Customs Department;

đ) Chiefs of Forest Rangers Stations, Chiefs of Forest Ranger Branches, Chiefs of Regional Forest Ranger Branches, Chief of Forest Ranger Service;

e) Chiefs of Fisheries Inspectorate Regions, Chief of Fisheries Inspectorate Service;

g) Chiefs of Tax Branches, Chiefs of Tax Departments, Chief of General Tax Department;

h) Chiefs of Market Surveillance Services at provincial level, Chiefs of Market Surveillance Operational Services under General Market Surveillance Department, Chief of General Market Surveillance Department;

i) Chairman of National Competition Commission;

k) Positions prescribed in Clauses 2, 3 and 4 of Article 46 of this Law;

l) Directors of Maritime Port Authorities, Directors of Civil Aviation Port Authorities, Directors of Inland Waterway Port Authorities;

m) Presidents of County People's Courts, Presidents of Provincial People's Courts, Presidents of Military Region People's Courts, Presidents of Military Zone People's Courts and equivalent courts, Specialized Division Presidents of Higher People's Courts; Chiefs of Civil Execution Branches, Chiefs of Civil Execution Departments, Heads of Civil Execution Offices at Military Zones, Chief of General Civil Execution Department, Chiefs of Civil Execution Department of the Ministry of Defense;

n) Auditor General;

o) Heads of diplomatic agencies, consular agencies, and other agencies authorized to perform consular functions of Vietnam abroad.

2. Persons with the authority to enforce forced execution as prescribed in Clause 1 of this Article may delegate such authority to their deputies. Delegation of authority must be documented in a decision specifying the scope, content, and duration of the delegation. Deputies receiving delegated authority must be responsible to their superiors and to the law for the exercise of the delegated authority. The person receiving delegated authority may not further delegate it to another person.

3. The person with the authority from the agency receiving the decision on administrative penalty to organize its enforcement as prescribed in Article 71 of this Law shall issue a decision on forced execution or report to their superior to issue a decision on forced execution to enforce the decision on administrative penalty.”

45. Amend and supplement some clauses of Article 88 as follows:

a) Amend and supplement Clause 1 as follows:

“1. Within two working days from the date of issuing the decision on forced execution of the decision on administrative penalty, the issuer of the decision must send the decision to the individual or organization subject to forced execution, the agency or organization implementing the forced execution, and related individuals or organizations.

The issuer of the decision on forced execution organizes the implementation of the forced execution of their own decision and those of subordinate agencies.

Sending the decision on forced execution to related individuals and organizations shall be carried out in accordance with the provisions of Article 70 of this Law.

The decision on forced execution must be enforced immediately upon receipt of the decision on forced execution by the individual or organization subject to forced execution.”

b) Add Clause 2a after Clause 2 as follows:

“2a. The time limit for enforcing the decision on forced execution starts from the date of issuance of the decision on forced execution until the expiration of the validity period of the decision on administrative penalty as prescribed in Clause 1 of Article 74 of this Law; beyond this period, the decision on forced execution shall not be enforced, except in cases where the decision on administrative penalty includes confiscation of objects and means of administrative violations and application of measures to mitigate consequences, in which case forced execution of confiscation and application of such measures shall still be carried out.”

c) Amending and supplementing Point c Clause 3 as follows:

"c) Credit organizations, State Treasury, branches of foreign banks where individuals or organizations subject to compulsory enforcement open accounts shall be responsible for providing information on the conditions for enforcing administrative violation penalty decisions of individuals or organizations subject to enforcement within two working days from the date of receipt of a written request from the competent authority for enforcement; proceed to freeze the amount of money in the account equivalent to the amount that the individual or organization subject to enforcement must pay, or freeze the entire amount in the account if the balance in the deposit account is less than the amount that the individual or organization subject to enforcement must pay; carry out the transfer of the required payment at the request of the competent authority issuing the enforcement decision. Five working days before the transfer, credit organizations, State Treasury, branches of foreign banks shall be responsible for notifying the individual or organization subject to enforcement about the transfer; the transfer does not require the consent of the individual or organization subject to enforcement."

The Government shall provide detailed regulations on this point.

46. Amend and supplement Article 90 as follows:

“Article 90. Subjects to be applied with community-based educational measures

1. Individuals aged 12 years old or older but under 14 years old who commit acts indicative of a very serious crime as defined in the Criminal Code through intentional actions.

2. Individuals aged 14 years old or older but under 16 years old who commit acts indicative of a serious crime as defined in the Criminal Code through intentional actions.

3. Individuals aged 14 years old or older but under 16 years old who have been administratively penalized twice and recorded in the third violation within six months for one of the following acts: disrupting public order, stealing property, gambling, fraud, illegal motor racing.

4. Individuals aged 16 years old or older but under 18 years old who have been administratively penalized twice and recorded in the third violation within six months for one of the following acts: insulting the dignity or reputation of others, causing injury or harm to health of others, illegally possessing property, destroying or intentionally damaging property of others, disrupting public order, stealing property, gambling, fraud, illegal motor racing, but not constituting a crime.

5. Individuals aged 14 years old or older who have been administratively penalized twice and recorded in the third violation within six months for the act of using narcotics illegally.

6. Individuals aged 18 years old or older who have been administratively penalized twice and recorded in the third violation within six months for one of the following acts: insulting the dignity or reputation of others, causing injury or harm to health of others, illegally possessing property, destroying or intentionally damaging property of others, disrupting public order, stealing property, gambling, fraud, illegal motor racing, mistreating or abusing grandparents, parents, spouse, children, grandchildren, or those who have raised them, but not constituting a crime.

7. Individuals specified in paragraphs 1, 2, 3, and 4, and individuals aged 14 years old or older but under 18 years old specified in paragraph 5 of this Article who do not have a stable place of residence shall be entrusted to social welfare institutions or child assistance institutions for management and education during the period of implementing community-based educational measures.

Individuals aged 18 years old or older specified in paragraph 5 of this Article who do not have a stable place of residence shall be entrusted to the People's Committee of the commune where the third act of using narcotics illegally was discovered to organize management."

47. Amend and supplement Article 92 as follows:

“Article 92. Persons Subject to Placement in a Rehabilitation School

1. Persons aged from twelve years old to under fourteen years old who commit acts indicative of a particularly serious crime as defined in the Criminal Code.

2. Persons aged from fourteen years old to under sixteen years old who commit acts indicative of a very serious crime or a particularly serious crime as defined in the Criminal Code, except for those crimes specified in Clause 2, Article 12 of the Criminal Code.

3. Persons aged from fourteen years old to under sixteen years old who commit one of the acts specified in Clause 2 or Clause 3, Article 90 of this Law and were previously subject to community-based education measures.

4. Persons aged from sixteen years old to under eighteen years old who commit one of the acts specified in Clause 4, Article 90 of this Law but not constituting a crime and were previously subject to community-based education measures.

5. The measure of placement in a rehabilitation school shall not be applied in the following cases:

a) Persons without administrative responsibility capacity;

b) Pregnant women with certification from a medical examination facility at the district level or higher;

c) Women or the sole caregiver of a child under thirty-six months of age, confirmed by the People's Committee of the commune where they reside."

48. Amend and supplement Clause 1 of Article 94 as follows:

"1. Persons subject to compulsory educational placement include:

a) Persons aged eighteen years old or older who have been administratively sanctioned twice and had their third administrative violation recorded within six months regarding one of the acts specified in Clause 6, Article 90 of this Law but not constituting a crime and without a stable place of residence;

b) Persons aged eighteen years old or older who commit one of the acts specified in Clause 6, Article 90 of this Law but not constituting a crime and were previously subject to community-based education measures."

49. Amend and supplement Clause 1 of Article 96 as follows:

"1. Drug addicts aged eighteen years old or older who fall under the category of persons subject to compulsory drug rehabilitation measures as prescribed by the Law on Prevention and Control of Drugs."

50. Amend and supplement Clause 4 of Article 97 as follows:

"4. The agency responsible for preparing the application file as stipulated in Clauses 1 and 2 of this Article shall bear responsibility for the legality of the application file. After completing the preparation of the application file, the agency must notify in writing the person proposed for the application or their lawful representative about the preparation of the file; for minors, they must also notify the parents or guardians about the preparation of the file. These individuals have the right to read the file and record necessary contents within three working days from the date of receipt of the notification."

51. Amend and supplement Clause 1 of Article 98 as follows:

"1. Within one working day from the expiration of the reading period of the file as stipulated in Clause 4 of Article 97 of this Law, the agency responsible for preparing the application file as stipulated in Clauses 1 and 2 of Article 97 of this Law shall submit the file to the Chairman of the People's Committee of the commune.

Within seven working days from the date of receiving the file, the Chairman of the People's Committee of the commune shall organize and chair a consultation meeting with the participation of the Chief of the Police Station, judicial civil servant - registrar, representative of the Vietnam Fatherland Front, and some political and social organizations, social organizations at the same level, and representatives of the local residents. The person proposed for community-based education measures, their lawful representative, parents, or guardians of minors must be invited to participate in the meeting and express their opinions on the application of the measure."

52. Amend and supplement Clause 3 of Article 99 as follows:

"3. The agency responsible for preparing the application file as stipulated in Clauses 1 and 2 of this Article shall bear responsibility for the legality of the application file. After completing the preparation of the application file, the agency must notify in writing the person proposed for the application or their lawful representative about the preparation of the file. These individuals have the right to read the file and record necessary contents within three working days from the date of receipt of the notification."

53. Amend and supplement Clause 1 of Article 100 as follows:

"1. Within one working day from the expiration of the reading period of the file as stipulated in Clause 3 of Article 99 of this Law, the Chairman of the People's Committee of the commune shall submit the file to the Chief of the County Police. Within two working days from the date of receiving the file, the Chief of the County Police shall decide on transferring the application file to the People's Court of the county to apply the measure of placement in a rehabilitation school. If the file is incomplete, the Chief of the County Police shall return it to the agency that prepared it for supplementation; the supplementation period is two working days from the date of returning the file. Within two working days from the date of receiving the supplemented file, the Chief of the County Police shall decide on transferring the application file to the People's Court of the county to apply the measure of placement in a rehabilitation school.

Within one working day from the expiration of the reading period of the file as stipulated in Clause 3 of Article 99 of this Law, the Chief of the County Police, and the Director of the Provincial Police in the case stipulated in Clause 2 of Article 99 of this Law shall decide on transferring the application file to the People's Court of the county where the person proposed for the application has committed the violation to decide on applying the measure of placement in a rehabilitation school."

54. Amend and supplement Clause 3 of Article 101 as follows:

"3. The agency responsible for preparing the application file as stipulated in Clauses 1 and 2 of this Article shall bear responsibility for the legality of the application file. After completing the preparation of the application file, the agency must notify in writing the person proposed for the application or their lawful representative about the preparation of the file. These individuals have the right to read the file and record necessary contents within three working days from the date of receipt of the notification."

55. Amend and supplement Clause 1 of Article 102 as follows:

"1. Within one working day from the expiration date of the period for reading the file specified in Clause 3, Article 101 of this Law or from the date on which the Director of the compulsory drug rehabilitation facility establishes a record regarding new violations as provided in Clause 3, Article 118 of this Law, the Chairman of the People's Committee at the commune level and the Director of the compulsory drug rehabilitation facility shall send the file to the Head of the Police Department at the district level. Within two working days from the date of receipt of the file, the Head of the Police Department at the district level decides on transferring the file to the People's Court at the district level to apply the measure of compulsory placement in a rehabilitation facility. In case the file is incomplete, the Head of the Police Department at the district level returns the file to the agency that established it for supplementation; the supplementation period is two working days from the date of receiving the file back. Within two working days from the date of receipt of the supplemented file, the Head of the Police Department at the district level decides on transferring the file to the People's Court at the district level to apply the measure of compulsory placement in a rehabilitation facility. Within one working day from the expiration date of the period for reading the file specified in Clause 3, Article 101 of this Law, the Head of the Police Department at the district level and the Director of the Public Security Department at the provincial level, in cases stipulated in Clause 2, Article 101 of this Law, decide on transferring the file to the People's Court at the district level where the person subject to the application of the measure has committed the violation for the decision to apply the measure of compulsory placement in a rehabilitation facility."

56. Amend and supplement Article 103 as follows:

“Article 103. Establishing the File for Application of Compulsory Placement in a Rehabilitation Facility

1. The establishment of the file for applying the measure of compulsory placement in a rehabilitation facility for persons addicted to drugs as provided in Article 96 of this Law shall be carried out as follows:

a) For persons addicted to drugs with stable residence, the Chairman of the People's Committee at the commune level where they reside shall establish the file for applying the measure of compulsory placement in a rehabilitation facility;

b) For persons addicted to drugs without stable residence, the Chairman of the People's Committee at the commune level where they commit violations of the law shall establish the file for applying the measure of compulsory placement in a rehabilitation facility;

c) In cases where persons addicted to drugs are directly discovered, investigated, or handled by the Police Department at the district level or the Public Security Department at the provincial level in cases of violations of the law and fall under the category of persons subject to compulsory placement in a rehabilitation facility as provided in Article 96 of this Law, the agency handling the case shall conduct verification, collect evidence, and establish the file for applying the measure of compulsory placement in a rehabilitation facility for such persons;

d) The file for application shall include the violation record; a summary of the criminal history; evidence proving their current state of drug addiction; a statement from the person addicted to drugs or their lawful representative; and other relevant documents;

đ) The Police Department at the commune level shall be responsible for assisting the Chairman of the People's Committee at the same level in collecting evidence and establishing the file as provided in Points a, b, and d of Clause 1 of this Article.

2. The agency establishing the file for application as provided in Clause 1 of this Article shall be responsible for the legality of the file for application. After completing the establishment of the file for application, the agency establishing the file must notify in writing the person subject to the application of the measure of compulsory placement in a rehabilitation facility or their lawful representative about the establishment of the file. These individuals have the right to read the file and make necessary notes within three working days from the date of receipt of the notification."

57. Amend and supplement Clause 1 of Article 104 as follows:

"1. Within one working day from the expiration date of the period for reading the file, the Public Security Department at the provincial level shall send the file to the Head of the Department of Labor, Invalids, and Social Affairs at the district level where the person subject to the application of the measure has committed the violation; the Public Security Department at the district level and the Chairman of the People's Committee at the commune level shall send the file to the Head of the Department of Labor, Invalids, and Social Affairs at the district level. Within two working days from the date of receipt of the file, the Head of the Department of Labor, Invalids, and Social Affairs at the district level shall decide on transferring the file for application to the People's Court at the district level to apply the measure of compulsory placement in a rehabilitation facility. In case the file is incomplete, the Head of the Department of Labor, Invalids, and Social Affairs at the district level shall return the file to the agency that established it for supplementation; the supplementation period is two working days from the date of receiving the file back. Within two working days from the date of receipt of the supplemented file, the Head of the Department of Labor, Invalids, and Social Affairs at the district level shall decide on transferring the file for application to the People's Court at the district level to apply the measure of compulsory placement in a rehabilitation facility."

58. Amend and supplement Article 107 as follows:

“Article 107. Sending the decision to apply measures for placement in educational centers, compulsory education facilities, and compulsory drug rehabilitation centers for enforcement Within three days from the date the administrative handling measure decision becomes effective, the People's Court that issued the decision must send the decision to the person subject to the measure, the agency that submitted the application for the administrative handling measure or the same-level Public Security agency in cases where the provincial-level Public Security agency prepared the application, the People's Committee of the commune where the person resides, and relevant agencies for enforcement in accordance with the law; the decision on placement in educational centers shall also be sent to their parents or their lawful representatives.

Within three days from the date on which the decision on administrative handling measure becomes effective, the People's Court that issued the decision must send the decision to the person subject to the measure, the agency that submitted the request for the application of the administrative handling measure, or the police agency at the same level in case the provincial police agency submitted the request, the People's Committee of the commune where such person resides, and relevant agencies for enforcement in accordance with the law; in the case of a decision on placement in a reformatory school, it must also be sent to their parents or their lawful representatives.”

59. Amend and supplement Clause 1 of Article 110 as follows:

"1. Within five days from the date of receipt of the decision to place in an educational center, the decision to place in a compulsory education facility, or the decision to place in a compulsory drug rehabilitation center, the agency receiving the administrative handling measure application as stipulated in Article 107 of this Law shall organize enforcement as follows:

a) The county-level Public Security agency shall transfer the person required to comply with the decision to the educational center or compulsory education facility;

b) The Labor - Invalids and Social Affairs Department shall cooperate with the county-level Public Security agency to transfer the person required to comply with the decision to the compulsory drug rehabilitation center."

60. Amend and supplement Clause 3 of Article 118 as follows:

60. Amend and supplement Clause 3 of Article 118 as follows:

"3. During the detoxification and recovery phase, if the person executing the decision at the compulsory drug rehabilitation center violates the provisions of Clause 1 of Article 94 of this Law, they shall be subject to the measure of placement in a compulsory education facility.

The director of the compulsory drug rehabilitation center shall prepare a file to propose placement in a compulsory education facility for the violator based on existing files and new violation records, and submit it to the head of the county-level Public Security agency where the compulsory drug rehabilitation center is located.

The procedure for considering the application of the measure of placement in a compulsory education facility for such individuals shall be carried out in accordance with this Law."

a) Amend and supplement Clause 1 as follows:

“1. Temporary detention of a person under administrative procedures may only be applied in the following cases:

61. Amend and supplement some clauses of Article 122 as follows:

"1. Administrative temporary detention may only be applied in the following cases:

a) To immediately stop acts disrupting public order or causing injury to others;

b) To immediately stop acts of smuggling or illegally transporting goods across borders;

c) To enforce decisions on placement in educational centers, compulsory education facilities, or compulsory drug rehabilitation centers;

b) Amend and supplement Clause 3 as follows:

d) A person who commits domestic violence and violates a prohibition on contact as provided by the law on preventing and combating domestic violence;

đ) To determine the status of drug addiction for persons using drugs illegally."

"3. The duration of administrative temporary detention shall not exceed twelve hours; in necessary cases, the detention period may be extended but shall not exceed twenty-four hours, starting from the time the violator is detained; for administrative temporary detention in border areas or remote mountainous regions, the detention period begins when the violator is brought to the detention location.

c) Amending and supplementing Clause 5 as follows:

In cases of temporary detention to determine the status of drug addiction as provided in point đ of Clause 1 of this Article, the detention period may be extended but shall not exceed five days, starting from the time the violator is detained.

For persons temporarily detained on aircraft or ships, they must be immediately transferred to the competent authority upon arrival at the airport or port."

"5. The location for administrative temporary detention is an administrative detention house or administrative detention room arranged at the office of the authority issuing the temporary detention decision. If there is no administrative detention house or room, temporary detention can take place in a duty room or other room at the workplace, but general regulations must be ensured.

Agencies responsible for preventing and combating violations of the law that frequently need to detain violators should arrange, design, and construct separate administrative detention houses or rooms, including separate detention areas for minors, women, or foreigners, and must have dedicated staff to manage and protect them.

For temporary detention as provided in point đ of Clause 1 of this Article, the detention location is a temporary holding area at the provincial or centrally-administered city compulsory drug rehabilitation center or an administrative detention house or room.

“Article 123. Authority to temporarily detain persons under administrative procedures

1. In cases provided for in Clause 1 of Article 122 of this Law, the following persons have the authority to decide on temporarily detaining persons under administrative procedures:

a) Chairman of the People's Committee of communes;

b) Heads of police stations in wards, heads of police stations in communes and towns that organize regular police forces in accordance with the Law on Public Security; Heads of border police stations at international airport ports; Heads of border police stations;

c) Heads of county-level police departments; Heads of traffic police departments under the Traffic Police Corps; Heads of business units under the Exit and Entry Administration Corps; Heads of business units under the Administrative Management Police Corps for social order; Heads of business units under the Cybersecurity and High-Tech Crime Prevention Corps; Heads of business units under the Fire Prevention and Control Corps; Heads of business units under the Drug Investigation Corps; Heads of provincial-level police departments including: Heads of Administrative Management Police Departments for social order, Heads of Social Order Crime Investigation Departments, Heads of Corruption, Economy, Smuggling Crime Investigation Departments, Heads of Drug Crime Investigation Departments, Heads of Traffic Police Departments, Heads of Road Traffic Police Departments, Heads of Road Traffic Police Departments, Heads of Waterway Police Departments, Heads of Mobile Police Departments, Heads of Protection Police Departments, Heads of Criminal Enforcement and Judicial Assistance Departments, Heads of Environmental Crime Prevention Departments, Heads of Fire Prevention and Control Departments, Heads of Exit and Entry Management Departments, Heads of Economic Security Departments, Heads of Foreign Relations Security Departments;

d) Chiefs of mobile police units from battalion level upwards;

đ) Chiefs of Forest Rangers Stations, Chiefs of Mobile Forest Rangers and Fire Prevention and Control Teams, Chiefs of Forest Inspection Branches; Chiefs of Regional Forest Inspection Branches; Chiefs of Fisheries Surveillance Stations under Regional Fisheries Inspection Branches, Chiefs of Regional Fisheries Inspection Branches, Directors of Fisheries Inspection Corps;

e) Chiefs of Customs Branches, Chiefs of Control Teams under the General Department of Customs; Chiefs of Criminal Investigation Teams, Chiefs of Anti-Smuggling and Sea Control Teams under the General Department of Anti-Smuggling Investigation;

g) Chiefs of Market Supervision Teams; Heads of Business Units under the Market Supervision General Department;

h) Chiefs of Border Guard Posts, Commanders of Border Guard Port Command Headquarters, Chiefs of Border Guard Sea Control Teams, Chiefs of Border Guard Flotillas, Chiefs of Special Task Forces for Drug and Crime Prevention, Commanders of Provincial Border Guard Forces;

i) Chiefs of Coast Guard Sea Control Teams, Chiefs of Coast Guard Flotillas, Commanders of Coast Guard Regions; Chiefs of Reconnaissance Teams, Chiefs of Special Task Forces for Drug Crime Prevention;

k) Aircraft commanders, ship captains, train conductors when aircrafts, ships, trains have left airports, ports, railway stations;

l) Presiding judges at trial sessions.

2. Persons authorized to temporarily detain persons as stipulated in points a to i of Clause 1 of this Article may delegate their authority to deputy officials to perform the authority to temporarily detain persons under administrative procedures when absent. The delegation must be documented in a decision specifying clearly the scope, content, and duration of the delegation. Deputies receiving delegated authority shall be responsible before their superiors and the law for the execution of the delegated authority. The person receiving delegated authority shall not delegate it to another person.”

63. Amend and supplement point b Clause 1 of Article 124 as follows:

“b) Transfer to or return to educational institutions, compulsory education facilities, or compulsory drug rehabilitation centers for subjects specified in Clause 1 of Article 111, Clause 2 of Article 112 who do not voluntarily comply when conditions for suspension or temporary cessation no longer exist, and subjects specified in Clause 2 of Article 132 of this Law.”

64. Amend and supplement some clauses of Article 125 as follows:

a) Amend and supplement Clauses 3, 4, and 5, and add Clauses 5a, 5b, and 5c after Clause 5 of Article 125 as follows:

“3. Persons authorized to apply administrative penalty measures of confiscation of contraband items, means of transportation, licenses, and certificates as prescribed in Chapter II, Part II of this Law shall also have the authority to issue decisions to temporarily detain contraband items, means of transportation, licenses, and certificates. The authority to temporarily detain does not depend on the value of the contraband items, means of transportation.

4. Temporary detention of contraband items, means of transportation, licenses, and certificates shall be carried out if one of the grounds provided for in Clause 1 of this Article exists and shall be implemented as follows:

a) Persons authorized to record administrative violations who are handling the case shall prepare a temporary detention record of contraband items, means of transportation, licenses, and certificates according to the provisions of Clause 9 of this Article;

b) Within 24 hours from the time of recording, the recorder must report to the person authorized to temporarily detain about the contraband items, means of transportation, licenses, and certificates that have been temporarily detained for consideration to issue a temporary detention decision; the temporary detention decision must be handed over to the violator or representative of the violating organization one copy.

If a temporary detention decision is not issued, the contraband items, means of transportation, licenses, and certificates must be returned immediately.

In cases where the contraband items are perishable goods, the person temporarily detaining them must immediately report to the direct superior leader for handling; if they are damaged or lost, compensation must be made according to the law.

5. Persons preparing the temporary detention record and issuing the temporary detention decision shall be responsible for preserving the contraband items, means of transportation, licenses, and certificates. In cases where the contraband items, means of transportation, licenses, and certificates are lost, sold in violation of regulations, substituted, damaged, or parts are missing or replaced, the person issuing the temporary detention decision shall be responsible for compensation and shall be subject to legal sanctions.

5a. When implementing temporary detention, persons preparing the record and those authorized to temporarily detain must seal the contraband items, means of transportation being temporarily detained, except in the following cases:

a) Living animals, plants;

b) Goods and items that are prone to deterioration and difficult to store as prescribed by law.

5b. In cases where the evidence and means of administrative violation seized are sealed, such sealing must be carried out immediately in the presence of the violator; if the violator is absent, it must be carried out in the presence of a representative of the violator's family, a representative of the organization, or a representative of the commune-level authority, or at least one witness.

5c. The record of seizure, decision on temporary detention of evidence and means of administrative violation, licenses, and certificates may be established and sent through electronic means.”

b) Amend and supplement Clauses 8, 9, 10, and add Clause 11 after Clause 10 as follows:

“8. The period for temporarily detaining evidence and means of administrative violation, licenses, and certificates shall not exceed seven working days from the date of detention; in cases where the case file must be transferred to the competent authority for punishment, the period for temporarily detaining shall not exceed ten working days from the date of detention.

The period for temporarily detaining may be extended for cases specified in point b, Clause 1, Article 66 of this Law but shall not exceed one month from the date of detention. For cases specified in point c, Clause 1, Article 66 of this Law, the period for temporarily detaining may be further extended but shall not exceed two months from the date of detention.

The period for temporarily detaining evidence and means of administrative violation, licenses, and certificates starts from the actual date of detention.

The period for temporarily detaining evidence and means of administrative violation, licenses, and certificates shall not exceed the time limit for issuing a decision on administrative punishment as stipulated in Article 66 of this Law. In cases where the temporary detention is for ensuring the execution of the decision on administrative punishment as provided in point c, Clause 1 of this Article, the period for temporarily detaining ends when the decision on administrative punishment is fully executed.

The authority responsible for temporary detention must issue a decision on temporary detention and extend the period for temporarily detaining evidence and means of administrative violation, licenses, and certificates.

9. The record of temporary detention of evidence and means of administrative violation, licenses, and certificates must clearly state the name, quantity, type, and condition of the detained evidence and means of administrative violation, licenses, and certificates, and must have the signature of the person conducting the detention, the violator, and a representative of the violating organization; if there is no signature of the violator, there must be the signature of at least one witness. The record must be made in duplicate, with one copy given to the violator and a representative of the violating organization.

10. For means of transportation subject to administrative violation that are temporarily detained to ensure the execution of the decision on administrative punishment, if the violator has a clear address, storage facilities, or financial capability to provide a guarantee deposit, the means of transportation may be kept under the management of the competent state agency.

11. The Government shall specify the details of this provision.”

65. Amend and supplement some clauses of Article 126 as follows:

a) Amend and supplement Clause 1 as follows:

“1. The person issuing the decision on temporary detention must handle the evidence and means of administrative violation, licenses, and certificates that are temporarily detained according to the measures recorded in the decision on punishment or return them to individuals or organizations if confiscation is not applied to the detained evidence and means, or revocation of the right to use licenses and certificates.

For evidence and means of administrative violation that are temporarily detained due to being misappropriated or illegally used and are subject to confiscation, they must be returned to the owner, manager, or lawful user; the violator must pay an amount equivalent to the value of the evidence and means of administrative violation into the state budget. If the owner, manager, or lawful user is intentionally negligent in allowing the violator to use the evidence and means of administrative violation as stipulated in Article 26 of this Law, then those items will be confiscated and incorporated into the state budget.

For evidence and means of administrative violation that are subject to confiscation and have been registered as collateral under civil law regulations, the creditor may reclaim the evidence and means or an equivalent value corresponding to the secured obligation; the violator must pay an amount equivalent to the value of the evidence and means of administrative violation into the state budget.”

b) Amend and supplement Clause 4; add Clause 4a and Clause 4b after Clause 4 as follows:

“4. For evidence and means of administrative violation that are temporarily detained as prescribed in points a and b, Clause 1, Article 125 of this Law, if the violator, owner, manager, or lawful user does not come to claim them within the detention period without a valid reason, they shall be handled as follows:

a) If the violator, owner, manager, or lawful user can be identified, the person issuing the decision on temporary detention must notify them twice. The first notification must be made within three working days from the end of the detention period for the evidence and means. The second notification must be made within seven working days from the first notification. After one month from the second notification, if the violator, owner, manager, or lawful user does not come to claim the items, within five working days, the competent authority must issue a decision to confiscate the evidence and means of administrative violation.

b) In cases where the offender, owner, manager, or lawful user of the evidence or means cannot be identified, the person issuing the decision to temporarily detain must announce twice on central or local mass media at the location where the evidence or means are being detained. The first announcement must be made within three working days from the end date of the temporary detention period for the evidence or means. The second announcement must be made within seven working days from the date of the first announcement. After one year from the date of the second announcement, if the offender, owner, manager, or lawful user does not come to claim the evidence or means, within five working days from the expiration of this period, the authorized person must issue a decision to confiscate the administrative violation evidence or means.

4a. For evidence or means of administrative violations that are temporarily detained according to point c, Clause 1, Article 125 of this Law, when the deadline for enforcing the penalty decision has expired and the individual or organization penalized has not enforced the penalty decision, within five working days from the expiration of the enforcement deadline, the authorized person temporarily detaining the evidence or means must transfer them to the authorized person responsible for enforcing the penalty decision to decide on the seizure and auction sale according to the provisions of the law to ensure the enforcement of the penalty decision.

4b. For licenses or certificates of practice that have exceeded the temporary detention period or the statute of limitations for enforcing the penalty decision, if the violator does not come to claim them without a valid reason, within ten working days from the expiration of the temporary detention period or the statute of limitations for enforcing the penalty decision, the authorized person temporarily detaining must transfer them to the agency that issued these documents to proceed with their revocation according to the provisions of the law and notify the violator.

c) Amending and supplementing Clause 6 as follows:

“6. For narcotic substances and items prohibited from storage or circulation, they shall be confiscated or destroyed according to the provisions of this Law.”

66. Amend and supplement Article 131 as follows:

“Article 131. Management of Individuals Subjected to Administrative Sanctions During the Procedure for Applying Administrative Sanctions

1. For individuals proposed to be subjected to administrative sanctions of placement in a rehabilitation school, compulsory educational institution, or compulsory drug rehabilitation facility who have stable residence, the competent authority or person authorized to establish the file shall entrust the family with managing the subject during the procedure for examining and deciding on the application of administrative sanctions.

2. For individuals without stable residence or with stable residence but whose families disagree to manage them, the management during the procedure for examining and deciding on the application of administrative sanctions for placement in a rehabilitation school, compulsory educational institution, or compulsory drug rehabilitation facility shall be carried out as follows:

a) The competent authority or person authorized to establish the file shall entrust the social reception center or provincial compulsory drug rehabilitation facility with managing the individual proposed to be subjected to compulsory drug rehabilitation.

b) The competent authority or person authorized to establish the file shall entrust the People's Committee of the commune where the individual proposed to be placed in a rehabilitation school or compulsory educational institution resides or where the violation occurred with managing the individual.

3. The management period runs from the establishment of the file until the authorized person sends the subject to apply the administrative sanction according to the court’s decision.

The management time at the center or facility for the subject as stipulated in point a, Clause 2 of this Article shall be deducted from the administrative sanction application period.

4. The decision to entrust the family or organization with management must clearly state: the date, month, and year of the decision; the name, position, and signature of the decision maker; the name, date of birth, place of residence of the person entrusted with management or the name and address of the organization entrusted with management; the name, date of birth, place of residence of the managed person; the reasons, duration, responsibilities of the person entrusted with management, the responsibilities of the person or organization managing, and the responsibilities of the People's Committee of the commune where the subject resides; the signature of the decision maker. This decision must be immediately sent to the family or organization entrusted with management and the managed person to implement it.

5. During the management period, the family or organization entrusted with management shall have the following responsibilities:

a) Not allowing the managed person to continue violating the law;

b) Ensuring the presence of the managed person when there is a decision to place them in a rehabilitation school, compulsory educational institution, or compulsory drug rehabilitation facility;

c) Reporting promptly to the competent authority or person authorized to establish the file in case the managed person flees or commits a violation of the law.

6. During the management period, the managed person shall have the following responsibilities:

a) Strictly comply with the regulations of the law regarding temporary residence and absence. When leaving the commune, ward, town to stay in another locality, they must inform the family or organization entrusted with management about the address and duration of temporary residence there;

b) Be present promptly at the office of the competent authority or person authorized to establish the file when required.

7. During the management period, the competent authority or person authorized to issue the management decision shall have the following responsibilities:

a) Informing the family, organization entrusted with management, and the managed person about their rights and obligations during the management period;

b) Implementing measures to support the family or organization entrusted with management in managing and supervising the managed person;

c) When informed about the managed person fleeing or committing a violation of the law, the competent authority or person authorized to issue the management decision must promptly take measures within their authority or report to the competent authority for handling according to the law.

8. The Government shall provide detailed regulations on this matter.

67. Amend and supplement Clause 3 of Article 132 as follows:

"3. In case a person who has been subject to a decision to be admitted to a corrective education facility as provided for in Clause 1 of this Article reaches the age of 18 at the time of being traced, the police department at the district level where the file was established shall propose the People's Court at the district level to consider and decide on applying the compulsory educational measure if they meet the conditions to be subject to such measures.

In case a person who is serving their sentence at a corrective education facility as provided for in Clause 2 of this Article reaches the age of 18 at the time of being traced, the principal of the corrective education facility shall establish a file and propose the People's Court at the district level where the facility is located to consider and decide on applying the compulsory educational measure if they meet the conditions to be subject to such measures."

68. Amend and supplement Clause 3 of Article 134 as follows:

"3. The application of forms of administrative punishment and the determination of the amount of fines for minors violating administrative regulations must be milder than those applied to adults with the same violation.

In cases where a person from the age of 14 to under 16 violates administrative regulations, the form of fine shall not be applied. In cases where a person from the age of 16 to under 18 violates administrative regulations and is fined, the amount of the fine shall not exceed half of the fine amount applicable to adults; if required to pay an equivalent amount of the value of the contraband items or means of violating administrative regulations into the state budget as stipulated in Clause 1 of Article 126 of this Law, the amount paid into the state budget shall be half the value of the contraband items or means of violating administrative regulations. If there is no money to pay the fine or the ability to implement remedial measures is lacking, the parents or guardians must carry out these measures instead;"

69. Supplement Clause 3 after Clause 2 of Article 138 as follows:

"3. Community-based education."

70. Amend and supplement Clause 1 of Article 140 as follows:

"1. Family management is a substitute measure for handling administrative violations applied to minors as specified in Clauses 3 and 4 and persons aged from 14 to under 18 years old using drugs illegally as specified in Clause 5 of Article 90 of this Law when meeting the following conditions:"

a) Voluntarily reporting and sincerely repenting for their violation;

b) Having a living environment conducive to the implementation of this measure;

c) Parents or guardians having the necessary conditions to carry out the management and voluntarily accepting responsibility for family-based management.”.

71. Supplement Article 140a after Article 140 in Chapter II, Part V as follows:

“Article 140a. Community-based education

"1. Community-based education is a substitute measure for handling administrative violations applied to persons aged from 12 to under 14 years old as specified in Clause 1 of Article 92 of this Law who have stable residence, are currently studying at an educational institution, and whose parents or guardians commit in writing to manage and educate them.

2. Based on the provisions of Clause 1 of this Article, the People's Court decides to apply the community-based education measure.

3. The duration of applying the community-based education measure ranges from six months to twenty-four months.

4. Within three working days from the date the decision to apply the community-based education measure becomes effective, the People's Court that issued the decision must send the decision to the parents or guardians of the minor and the People's Committee of the commune where the minor resides or child assistance organizations, social welfare institutions to coordinate and supervise implementation.

Minors subject to the community-based education measure may attend school or participate in other learning programs or vocational training; participate in counseling and life skills development programs in the community."

72. Supplement some terms and phrases in certain articles as follows:

a) Add the phrase “, community-based education measure” before the phrase “and family management measure” in Clause 4 of Article 2;

b) Add the phrase “, organization” after the word “individual” in Point c Clause 1 of Article 6 and Clause 4 of Article 62;

c) Add the phrase “, Chief Justice of the Supreme People's Court, State Auditor General,” before the phrase “Chairman of People's Committees at all levels” in the opening paragraph of Clause 2 of Article 18;

d) Add the phrase “, means” after the term “contraband items” in Article 60;

đ) Add the phrase “and the name, position of the legal representative” before the phrase “of the violating organization” in Point đ Clause 1 of Article 68;

e) Add the phrase “, Provincial Public Security Director” after the phrase “District Public Security School” in Point b Clause 2 of Article 100 and Point b Clause 2 of Article 102.

73. Replace some terms and phrases in certain articles, clauses, points as follows:

a) Replace the term “demolish” with the term “demolish” in Point b Clause 1 of Article 28 and Article 30;

b) Replace the phrase “50,000,000 dong” with the phrase “100,000,000 dong” in Point b Clause 2 of Article 38 and Point b Clause 5 of Article 39;

c) Replace the phrase “forest management, forest products” with the term “forestry” in Point b Clause 5 of Article 43;

d) Replace the phrase “25,000,000 dong” with the phrase “50,000,000 dong” in Point b Clause 2 of Article 47;

đ) Replace the phrase “24 hours” with the phrase “48 hours” in Clause 3 of Article 60;

e) Replace the phrase “investigative authority” with the phrase “authority with investigative power” in Clauses 1, 2, and 3 of Article 62;

g) Replace the term “hospital” with the phrase “medical facilities for examination and treatment from district level upwards” in Point d Clause 2 of Article 94, Point b Clause 2 of Article 96, Point a Clause 1 and Points a, c Clause 2 of Article 111;

h) Replace the phrase “03 days” with the phrase “02 working days” in Clause 2 of Article 98;

i) Replace the phrase “02 witnesses” with the phrase “at least 01 witness” in Clause 4 of Article 128 and Clause 3 of Article 129;

k) Replace the phrase “having a value not exceeding the fine amount prescribed in Point b of this clause” with the phrase “having a value not exceeding twice the fine amount prescribed in Point b of this clause” in Point c Clause 3 and Point d Clause 4 of Article 39, Point c Clause 4 and Point c Clause 5 of Article 41, Point c Clause 2, Point c Clause 3 and Point c Clause 4 of Article 43, Point c Clause 3 of Article 44, Point c Clause 2 of Article 45, Point c Clause 1, Point d Clause 2 and Point d Clause 3 of Article 46, Point c Clause 1 of Article 47, Point c Clause 1, Point c Clause 2 and Point c Clause 3 of Article 48, Point c Clause 2 of Article 49.

Replace the phrase “having a value not exceeding the fine amount prescribed in Point b of this clause” with the phrase “having a value not exceeding twice the fine amount prescribed in Point b of this clause” in Point c Clause 1 of Article 38.

74. Remove some phrases in certain articles, clauses, points as follows:

a) Remove the phrase “06 months,” in Clause 3 and Point c Clause 5 of Article 17;

b) Delete the phrase “The handling of contraband items and means of transport confiscated for administrative violations shall be carried out in accordance with the provisions of Article 82 of this Law.” from Article 26;

c) Delete the phrase “with a value not exceeding the amount of fine prescribed in point b of this clause” from point d of Clause 2, Article 38, point d of Clause 5, Article 39, point c of Clause 4, Article 44, point c of Clause 3, Article 45, point d of Clause 2, Article 47, point c of Clause 4, Article 49;

d) Delete the phrase “shall be used to” from point c of Clause 4, Article 48;

đ) Delete the phrase “Clause 5 and Clause 9” from Clause 3, Article 60.

75. Repeal Articles 50, 82, and 142.

Article 2. Amend and supplementClause 1 of Article 163 of the Civil Enforcement Law No. 26/2008/QH12 has been amended and supplemented by Law No. 64/2014/QH13 and Law No. 23/2018/QH14

Add point đ after point d of Clause 1, Article 163 as follows:

“đ) The head of the civil enforcement agency under the Ministry of Justice; the head of the management agency for enforcement under the Ministry of National Defense.”

Article 3. Effectiveness

This Law takes effect from January 1, 2022.

---

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 14th term, the 10th session on November 13, 2020.

---