Decree No. 68/2025/NĐ-CP amends and supplements some articles of Decree No. 118/2021/NĐ-CP dated December 23, 2021, of the Government detailing certain provisions and measures for implementing the Law on Administrative Offense Handling.

DECREE

Amending and supplementing some articles of Decree No. 118/2021/NĐ-CP
dated December 23, 2021 of the Government detailing some provisions
and measures to implement the Law on Handling Administrative Violations

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Pursuant to the Government Organization Law on February 18, 2025;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012;Law amending and supplementing some articles ofthe Law on Administrative Offense Handling dated November 13, 2020;

Pursuant to the Law on Electronic Transactions dated June 22, 2023;

Pursuant to the Law on Identity Cards dated November 27, 2023;

At the proposal of the Minister of Justice;

The Government promulgates this Decree amending and supplementing some articles of Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing some provisions and measures to implement the Law on Handling Administrative Violations.

Article 1. Amending and supplementing some articles of Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing some provisions and measures to implement the Law on Handling Administrative Violations

1. Amending and supplementing some clauses of Article 4 as follows:

a) Amending and supplementing Clause 2 of Article 4 as follows:

“2. The provision of administrative violations shall be carried out as follows:

a) The administrative violation, form of penalty, level of penalty, and measures to remedy consequences must be stipulated in the decree on administrative offenses in the corresponding field of state management, commensurate with the nature of the violation;

b) In cases where an administrative violation has been stipulated in one field but is related to another field, then the reference to the administrative violation, form of penalty, level of penalty, and measures to remedy consequences already stipulated shall be provided, while also stipulating the authority to impose penalties for such violation. If due to the special nature related to the field, location of the violation, consequences of the act, and other objective factors, it may be necessary to stipulate the administrative violation, form of penalty, level of penalty, and measures to remedy consequences in accordance with the special nature of the violation.”

b) Supplementing Clause 5a after Clause 5 of Article 4 as follows:

“5a. For administrative violations that have a prescribed form of penalty involving confiscation of contraband items or means of committing administrative violations, the decree on administrative offenses in the field of state management shall provide measures to remedy consequences requiring the violator to pay an amount equal to the value of the contraband items or means of committing administrative violations that were sold, disposed of, or destroyed in violation of the law, ensuring commensurateness with the nature and characteristics of the violation. The time point for determining the individual or organization that sold, disposed of, or destroyed contraband items or means of committing administrative violations in violation of the law is when the working record, temporary detention record of contraband items or means of committing administrative violations, or administrative violation record is completed according to the law on handling administrative violations.”

2. Supplementing Clause 3 after Clause 2 of Article 7 as follows:

“3. The authority, procedures, and forms in administrative offense penalties shall be applied according to the effective regulatory legal documents at the time of considering and handling the administrative violation.”

3. Supplementing Clauses 1a and 1b after Clause 1 of Article 8 as follows:

“1a. An individual or organization continues to commit an administrative violation that was previously penalized or not yet penalized for a violation defined in points within the same clause or clauses within the same article with different levels of violation or consequences linked to different levels of fines, shall be considered as committing the same violation for the purpose of determining recidivism or multiple administrative violations.

1b. If multiple administrative violations are defined as aggravating circumstances and fall under the situation stipulated in Clause 1a of this Article, the highest fine range, longest suspension period, or longest revocation period of license or professional certificate shall be applied for each violation.”

4. Amending and supplementing Article 9 as follows:

“Article 9. Application of fines; revocation of license and certificate usage rights for a limited period; suspension of activities for a limited period; confiscation of evidence and means of administrative violations and application of measures to remedy consequences.

1. Principles for determining specific fine amounts for a single administrative violation in cases involving aggravating or mitigating circumstances:

a) The specific fine amount for a single administrative violation is the midpoint of the fine range prescribed for that violation;

b) If there is one mitigating circumstance, the specific fine amount is determined within the range from above the minimum to below the midpoint of the fine range; if there are two or more mitigating circumstances, the minimum fine amount of the range shall be applied;

c) If there is one aggravating circumstance, the specific fine amount is determined within the range from above the midpoint to below the maximum of the fine range; if there are two or more aggravating circumstances, the maximum fine amount of the range shall be applied;

d) If both aggravating and mitigating circumstances are present, one aggravating circumstance is offset against one mitigating circumstance;

đ) If a decree on administrative violation penalties in various fields of state management provides principles for determining specific fine amounts for a single administrative violation in cases involving aggravating or mitigating circumstances, such provisions shall be followed;

2. Principles for determining specific periods for revoking license and certificate usage rights for a limited period and suspending activities for a limited period for a single administrative violation in cases involving aggravating or mitigating circumstances:

a) The specific period for revoking license and certificate usage rights and suspending activities for a single administrative violation is the midpoint of the time range prescribed for revocation and suspension of that violation;

b) If there is one mitigating circumstance, the period of revocation or suspension is determined within the range from above the minimum to below the midpoint of the time range for revocation and suspension; if there are two or more mitigating circumstances, the minimum time range for revocation and suspension shall be applied;

c) If there is one aggravating circumstance, the period of revocation or suspension is determined within the range from above the midpoint to below the maximum of the time range for revocation and suspension; if there are two or more aggravating circumstances, the maximum time range for revocation and suspension shall be applied;

d) If both aggravating and mitigating circumstances are present, one aggravating circumstance is offset against one mitigating circumstance;

đ) If a decree on administrative violation penalties in various fields of state management provides principles for determining specific periods for revoking license and certificate usage rights for a limited period and suspending activities for a limited period for a single administrative violation in cases involving aggravating or mitigating circumstances, such provisions shall be followed;

3. Application of the form of penalty involving revocation of license and certificate usage rights for a limited period:

a) For individuals or organizations penalized for multiple violations where different types of licenses and certificates have their usage rights revoked for a limited period at the same time, the time range for revocation of each type of license and certificate shall be applied;

b) For individuals or organizations penalized for multiple violations at the same time, where two or more violations involve the revocation of the same type of license or certificate for different time ranges, the longest time range for revocation shall be applied;

c) For individuals or organizations repeatedly violating administrative regulations and falling under Clause 1a, Article 8 of this Decree, who are penalized for each violation, including the revocation of the same type of license for a limited period, the longest time range for revocation prescribed for that violation in all instances of violation shall be applied;

d) For individuals or organizations penalized for a violation involving the revocation of license or certificate usage rights for a limited period, where the remaining validity period of the license or certificate is shorter than the revocation period, the revocation period prescribed for the violation shall be applied. In cases where individuals or organizations are issued new or renewed licenses or certificates during the revocation period according to the penalty decision, they shall not engage in activities specified in those licenses or certificates during the revocation period;

đ) For individuals or organizations penalized for a violation involving the revocation of license or certificate usage rights for a limited period, where the license or certificate is already revoked according to an administrative violation penalty decision, the individual or organization is considered to be operating without a license or certificate;

4. Application of the form of penalty involving suspension of activities for a limited period:

a) For individuals or organizations penalized for multiple violations, where different activities are suspended for a limited period at the same time, the time range for suspension shall be applied separately for each activity;

b) For individuals or organizations penalized for multiple violations at the same time, where two or more violations involve the suspension of the same activity for different time ranges, the longest time range for suspension shall be applied;

c) For individuals or organizations repeatedly violating administrative regulations and falling under Clause 1a, Article 8 of this Decree, who are penalized for each violation, including the suspension of the same activity for a limited period, the longest time range for suspension prescribed for that violation in all instances of violation shall be applied;

5. In cases where individuals or organizations repeatedly violate administrative regulations and are penalized for each violation, the fact of repeated violations shall not be considered an aggravating circumstance when deciding on administrative violation penalties for each instance of violation.

6. The authority to apply the form of administrative penalty of revoking the right to use licenses and certificates shall be carried out in accordance with the provisions of the Law on Handling Administrative Violations, without depending on the authority issuing such licenses and certificates.

7. Temporary detention and retention of licenses and certificates in administrative penalties:

a) When performing official duties, the authorized person has the responsibility to check information about the licenses and certificates of individuals and organizations violating from databases, electronic identification cards, electronic identity accounts in accordance with regulations; if it is not possible to check the information, they shall request individuals and organizations violating to present their licenses and certificates. In cases where temporary detention of licenses and certificates must be applied according to Article 125, Clause 1 of the Law on Handling Administrative Violations, the authorized person shall require individuals and organizations violating to submit the paper copy of the license and certificate and temporarily detain the license and certificate in accordance with regulations;

b) In cases where the form of administrative penalty of revoking the right to use licenses and certificates must be applied, the authorized person imposing the penalty shall require individuals and organizations violating to submit and retain the paper copy of the license and certificate, except in cases where the license and certificate have already been temporarily detained according to Article 125, Clause 7 of the Law on Handling Administrative Violations;

c) The submission and retention of the paper copy of the license and certificate must be recorded in a record and handed over one copy to the individual or representative of the organization violating. If a record of temporary detention of the license and certificate has already been established, the temporary detention record continues to be valid until the expiration of the period for revoking the right to use the license and certificate according to the administrative violation penalty decision;

d) In cases where the license is issued in an electronic form or expressed in the form of data messages, the agency or authorized person shall implement temporary detention and revocation in the electronic environment according to regulations if the conditions regarding infrastructure, technology, and information are met. The temporary detention and revocation status shall be updated in the database or electronic identification card, electronic identity account in accordance with the regulations.

8. Within two working days from the date of issuance of the administrative violation penalty decision that applies the form of administrative penalty of revoking the right to use licenses and certificates, the authorized person who issued the decision must send the administrative violation penalty decision to the agency that issued the license and certificate. The agency that issued the license and certificate shall be responsible for updating information about the retention and revocation of the license and certificate in the database.

9. The authorized person confiscating the objects and means of administrative violations specified in Clause 2, Article 65 and Clause 4, Article 126 of the Law on Handling Administrative Violations is the authorized person imposing the administrative penalty for that case.

For cases where the objects and means of administrative violations belong to the category prohibited from storage and circulation, the determination of the authorized person to confiscate shall be implemented according to Clause 4, Article 24 of this Decree.

10. The authorized person applying remedial measures specified in Clause 2, Article 65 of the Law on Handling Administrative Violations is the authorized person imposing the administrative penalty for that case.

11. The authorized person destroying the objects and means of administrative violations that are goods and items harmful to human health, animals, plants, and the environment, and harmful cultural products as specified in Clause 5, Article 126 of the Law on Handling Administrative Violations is the authorized person imposing the administrative penalty for that case.”

5. Amend and supplement Article 11 as follows:

“Article 11. Administrative Sanctions for Violations in Inspection Activities

1. The Head of the Specialized Inspection Team has the authority to impose administrative sanctions on violations within the scope and content of the inspection as prescribed by laws on inspections within the inspection period.

In cases where the inspection period prescribed by laws on inspections expires without being able to issue a sanction decision due to objective reasons, the violation case must be transferred to the person with the authority to impose sanctions.

2. In cases where the administrative sanction decision is appealed, the appeal resolution shall be carried out in accordance with the provisions of laws on appeal resolution in inspection activities.

3. The authority to correct, amend, supplement, revoke decisions of the Head of the specialized inspection team, and issue new decisions after the inspection period has expired shall be determined in the following order:

a) If the Head of the specialized inspection team who issued the administrative sanction decision is the person authorized to impose sanctions according to the regulations for the case, then that person retains the authority;

b) If the person who issued the inspection decision is the person authorized to impose sanctions according to the regulations for the case, then that person retains the authority;

c) If neither of the situations specified in points a and b of this clause apply, the authority belongs to the Chief Inspector of the competent level to impose sanctions for the case or the head of the agency entrusted with the function of specialized inspection who has the authority to impose sanctions for the case or the Chairman of the People's Committee at the competent level where the violation occurred.

4. The authority to enforce the administrative sanction decision of the Head of the specialized inspection team after the inspection period has expired shall be implemented in accordance with the provisions of Clause 3 of this Article.”

6. Amend and supplement Article 12 as follows:

“Article 12. Recording Violation Administrative Acts

1. Basis for recording violation administrative acts:

a) For administrative violations not within the authority to record violation administrative acts or not within the field or area of management, or in cases where the case requires appraisal, testing, examination, or testing of evidence or other necessary circumstances, the person authorized to perform public duties or tasks shall be responsible for recording the work to document the incident;

b) The work records specified in point a of this clause or other documents recording violations discovered during inspections, checks, state management activities, or proceedings are among the bases for recording violation administrative acts;

c) In cases where the person reviewing and handling the case does not have the authority to record violation administrative acts, the records and documents specified in point b of this clause and accompanying files (if any) must be promptly transferred to the person authorized to record violation administrative acts as prescribed by law.

2. In cases where the file of the violation case is transferred for administrative sanction without one of the decisions specified in Clause 1 of Article 63 of the Law on Handling Administrative Violations, it shall be carried out as follows:

a) The person authorized to record violation administrative acts of the agency authorized to conduct criminal proceedings shall be responsible for recording the violation administrative act as prescribed in Article 58 of the Law on Handling Administrative Violations before transferring the file;

b) If it does not fall under the situation specified in point a of this clause, the administrative sanction proposal document of the agency authorized to conduct criminal proceedings must include the following main contents: information about the individual or organization committing the violation and related organizations, individuals, or persons; time, date, month, year, and location of the violation; detailed and complete description of the incident and the violation behavior; point, clause, article of the decree stipulating administrative sanctions in the specific field.

3. In cases where the file of the violation case is transferred for administrative sanction as prescribed in Clause 1 of Article 63 of the Law on Handling Administrative Violations, the administrative sanction proposal document of the agency authorized to conduct criminal proceedings shall include the contents prescribed in point b of Clause 2 of this Article.

4. Time limit for recording violation administrative acts:

a) The violation administrative act record shall be made within three working days from the date of discovery of the administrative violation;

b) In cases where the incident involves many complex circumstances or has a wide impact on the rights and legitimate interests of individuals or organizations, the violation administrative act record shall be made within five working days from the date of discovery of the administrative violation;

c) In cases where the administrative violation is discovered through technical equipment or requires determination of the value of evidence, appraisal, testing, examination, or testing, the violation administrative act record shall be made within five working days from the date the violator is identified through technical equipment or receiving the results of determining the value of evidence, appraisal, testing, examination, or testing;

d) In cases where a single incident involves multiple administrative violations, including those discovered through technical equipment or requiring determination of the value of evidence, appraisal, testing, examination, or testing, the violation administrative act record shall be made for the violations in the incident within five working days from the date the violator is identified through technical equipment or receiving all the results of determining the value of evidence, appraisal, testing, examination, or testing.

5. Recording violation administrative acts in certain cases:

a) In cases where there are multiple violations within the same field of state management, the person authorized to handle the case shall record the violation administrative acts for violations within their authority and record work for violations outside their authority as prescribed in point a of Clause 1 of this Article. The transfer of the violation case file and evidence, means of violating administrative acts (if any) shall be carried out in accordance with Article 24 of this Decree.

b) In cases where an administrative violation case involves multiple violations under different sectors and areas of state management, the authority handling the case shall prepare an administrative violation record for the violations within its jurisdiction and a working record for those outside its jurisdiction, as stipulated in point a, Clause 1, Article 13 of this Decree. The transfer of the case file and evidence, means of transportation involved in the administrative violation (if any) shall be carried out in accordance with Article 52 of the Law on Handling Administrative Violations and Clauses 3 and 4 of Article 24 of this Decree;

c) In cases where an individual or organization commits multiple administrative violations in the same case, the authority shall prepare one administrative violation record, clearly stating each violation, except in the cases specified in points a and b, Clause 5 of Article 13 of this Decree;

d) In cases where multiple individuals or organizations commit one administrative violation in the same case, the authority may prepare one or more administrative violation records for each violator. If the value of the evidence, means of transportation involved in the administrative violation differs among the violators, the authority must clearly state the value of the evidence, means of transportation related to each violator;

đ) In cases where multiple individuals or organizations commit multiple administrative violations in the same case, the authority may prepare one or more administrative violation records, clearly stating each violation committed by each individual or organization;

e) In cases where an individual or organization repeatedly commits administrative violations, the authority shall prepare one administrative violation record, clearly stating each violation and each instance of the violation;

6. In cases where administrative violations are discovered through technical equipment, the location for preparing the administrative violation record shall be implemented in accordance with Clause 2, Article 58 of the Law on Handling Administrative Violations;

7. The transfer of results obtained through technical equipment to the authority responsible for imposing administrative penalties to prepare the administrative violation record and issue the administrative penalty decision shall be carried out in accordance with the Government's regulations on the list, management, and use of technical equipment and the collection and utilization of data obtained from such equipment provided by individuals or organizations to detect administrative violations;

8. Signing the administrative violation record:

a) The administrative violation record must be prepared in at least two copies and signed by the person preparing the record and the violator or representative of the violating organization, except when the record is prepared according to Clause 7, Article 58 of the Law on Handling Administrative Violations; if the violator cannot sign, they should affix their fingerprint; if there are witnesses, interpreters, victims, or representatives of victim organizations present, they must also sign the record; if the record consists of multiple pages, all parties involved must sign each page of the record;

b) In cases where the violator or representative of the violating organization is not present at the scene of the violation or intentionally avoids signing or affixing fingerprints on the record, or due to objective reasons cannot sign or affix fingerprints on the record, or if the violator is present but refuses to sign or affix fingerprints on the record, or if the violator cannot be identified, the record must have the signature of a representative of the local government authority 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 government authority or of a witness, the reason must be clearly stated in the record;

9. Transfer and delivery of the administrative violation record:

a) The administrative violation record shall be transferred and delivered in accordance with Clause 5, Article 58 of the Law on Handling Administrative Violations. In cases where a minor commits an administrative violation, the record shall also be sent to the parents or guardian of the minor;

b) In cases where an administrative violation occurs at sea or on an aircraft, ship, or train, the authority responsible for preparing the administrative violation record or the aircraft commander, ship captain, train conductor, or person designated by the aircraft commander, ship captain, or train conductor to prepare the administrative violation record in accordance with Clause 4 of this Decree shall deliver it to the authority responsible for imposing administrative penalties within three working days from the date of arrival at shore or the return of the aircraft, ship, or train to the airport, port, or station. If the administrative violation record has not been prepared upon arrival at shore or return to the airport, port, or station, the transfer of the administrative violation record shall be carried out in accordance with Clause 5, Article 58 of the Law on Handling Administrative Violations;

c) In cases where the violator or representative of the violating organization is not present at the location where the administrative violation record is being prepared, the administrative violation record shall be sent by registered mail or posted at the residence of the individual or the office of the organization being penalized. If the violator or representative of the violating organization is present but refuses to accept the record or if the record has been sent by registered mail or posted at the residence of the individual or the office of the organization being penalized, it shall be considered as having been delivered;

10. The preparation and sending of the administrative violation record electronically in accordance with Clause 7, Article 58 of the Law on Handling Administrative Violations shall be carried out in accordance with the decree on administrative penalties in the field of state management, appropriate to the nature of each sector;

7. Amend and supplement Article 13 as follows:

“Article 13. Revocation and Issuance of New Decisions in Administrative Offense Penalties

1. The person who issued the decision shall revoke the entire content of the decision themselves or upon request of those persons specified in Clause 3, Article 18 of the Law on Handling Administrative Violations if it falls under any of the following circumstances:

a) As stipulated in Clause 1, Article 12 of the Law on Handling Administrative Violations;

b) As stipulated in Clause 3, Article 62 of the Law on Handling Administrative Violations;

c) Issuing an administrative offense penalty decision for cases specified in Clause 1, Article 65 of the Law on Handling Administrative Violations;

d) An administrative offense penalty decision being issued beyond authority or not to the correct subject;

đ) Violating procedures in administrative offense penalties leading to violations as specified at points c, d, e, g, and h of this clause;

e) Incorrectly identifying the administrative violation act or identifying an administrative violation act where no such violation has occurred;

g) Applying the wrong form of penalty for the administrative violation act;

h) Forgery or distortion of administrative offense penalty files.

2. The revocation and issuance of new decisions as prescribed in Clause 1 of this Article shall only apply to administrative offense penalty decisions specified in Part II of the Law on Handling Administrative Violations.

The revocation and replacement of preventive measures and guarantees for handling administrative violations shall be carried out according to the provisions in Part IV of the Law on Handling Administrative Violations.

3. In cases where the authorized official for administrative offense penalties has issued a decision but there has been a change in duties, powers, or organizational structure leading to a loss of authority or position, the case file shall be transferred to the Chairman of the People's Committee with authority to penalize at the location of the violation or the authorized official to penalize in that field of state management to issue a revocation decision, except for cases specified in Clause 3, Article 11 of this Decree.

4. If there is a court judgment or decision revoking the entire contested decision, and there is a basis for issuing a new decision, the person who issued the revoked decision must issue a new decision or transfer to the authorized person to issue a new decision as provided in Clauses 5, 6, and 7 of this Article.

5. In cases specified in points c, d, đ, e, g, and h of Clause 1 of this Article, if the administrative violation remains within the time limit for administrative offense penalties or there is a basis as prescribed, the person who issued the revocation decision must issue a new decision or transfer to the authorized person to issue a new decision.

6. When a new penalty decision must be issued, the authorized person shall prepare a record verifying the circumstances of the administrative violation case as prescribed in Article 59 of the Law on Handling Administrative Violations.

The deadline for issuing a new administrative offense penalty decision as prescribed in Clauses 4, 5, and 6 of this Article shall not exceed seven working days from the date of preparing the record verifying the circumstances of the administrative violation case.

7. In cases specified in point c of Clause 1 of this Article, if the contraband items or means of transportation involved in the administrative violation fall under categories prohibited from storage or circulation, or if laws provide for confiscation or remedial measures for the violation, the authorized person who issued the revocation decision must issue a new decision or transfer to the authorized person to issue a new decision for confiscation and application of remedial measures.

8. Amend and supplement Article 14 as follows:

 “Article 14. Correction, Amendment, Supplement, and Partial Revocation of Decision in Administrative Offense Penalty

1. The person who issued the decision shall be responsible for correcting the decision when there are technical drafting errors, either on their own initiative or at the request of the persons specified in Clause 3, Article 18 of the Law on Handling Administrative Violations.

2. The person who issued the decision shall be responsible for amending, supplementing, or partially revoking the decision if there are errors that do not fall under the cases stipulated in Clause 1, Article 13 of this Decree and Clause 1 of this Article, upon their own initiative or at the request of the persons specified in Clause 3, Article 18 of the Law on Handling Administrative Violations.

3. Amendments, supplements, or partial revocations of decisions in administrative offense penalties shall not be carried out in cases where procedural violations occur during the penalty imposition but do not lead to violations as specified in Points c, d, e, g, and h of Clause 1, Article 13 of this Decree, except for the cases stipulated in Clause 2 of this Article.

4. In cases where the authority with the power to impose administrative offense penalties has issued a penalty decision, but there is a change in duties, powers, or organizational structure leading to the loss of penalty imposition authority or the position no longer exists, the violation case file shall be transferred according to the provisions of Clause 3, Article 13 of this Decree to issue a correction, amendment, supplement, or partial revocation decision, except for the cases stipulated in Clause 3, Article 11 of this Decree.

5. The provisions of Clauses 1, 2, 3, and 4 of this Article shall not apply to the correction, amendment, supplementation, or partial revocation of decisions applying preventive measures and guarantees for handling administrative violations.

6. The decision for correction, amendment, supplementation, or partial revocation shall be kept in the penalty enforcement file.”

9. Amend and supplement Article 16 as follows:

“Article 16. Effectiveness, Implementation Period, and Enforcement Time Limit of Decisions for Correction, Amendment, Supplement, Revocation, or New Decisions in Administrative Offense Penalties

1. Decisions for correction, amendment, supplementation, revocation, or new decisions take effect from the date of signing and must be enforced immediately upon receipt by the individual or organization violating the law. The delivery of decisions for correction, amendment, supplementation, revocation, or new decisions shall be carried out according to the provisions of Article 70 of the Law on Handling Administrative Violations regarding the delivery of administrative violation penalty decisions for enforcement.

2. The implementation period of decisions for correction, amendment, supplementation, or new decisions shall be carried out according to the provisions of Section 2 and Section 3, Chapter III, Part II of the Law on Handling Administrative Violations.

3. The enforcement time limit for decisions for correction, amendment, supplementation of penalty decisions, or new penalty decisions shall be calculated from the date of issuance of these decisions until the termination of the effectiveness of the enforcement of the penalty decision as stipulated in Article 74 of the Law on Handling Administrative Violations of the penalty decision being corrected, amended, supplemented, or revoked, except for the cases stipulated in Clause 4 of this Article.

4. The enforcement time limit for decisions for correction, amendment, supplementation of penalty decisions as stipulated in Clause 2, Article 15 of this Decree or new decisions in cases of changes in the violator shall be carried out according to the provisions of Article 74 of the Law on Handling Administrative Violations.

5. The enforcement time limit for decisions for correction, amendment, supplementation of coercive decisions or new coercive decisions shall be calculated from the date of issuance of these decisions until the termination of the effectiveness of the enforcement of the administrative violation penalty decision subject to coercive enforcement as stipulated in Article 74 of the Law on Handling Administrative Violations, except for cases where the decision for correction, amendment, supplementation of coercive decisions pertains to cases stipulated in Clause 2, Article 15 of this Decree and cases where new decisions are issued due to changes in the violator.

6. If the deadline stipulated in Clauses 3, 4, and 5 of this Article is exceeded, such decisions shall no longer be enforced, except for cases where the penalty decision applies confiscation of contraband items or means of transportation, or remedial measures, in which case the contraband items or means of transportation must still be confiscated and the remedial measures applied.”

10. Amend and supplement Article 22 as follows:

“Article 22. Transfer of Administrative Violation Penalty Decisions for Execution

1. The agency that issued the administrative violation penalty decision for cases specified in Clause 1 and Clause 2, Article 71 of the Law on Handling Administrative Violations shall be responsible for transferring the entire original file and related documents to the agency receiving the penalty decision for execution and retaining a copy at their own agency. Seized items and means of transportation involved in administrative violations (if any) shall be transferred to the agency receiving the penalty decision for execution, except for immovable property, aircraft, ships, inland waterway vessels, bulky goods, difficult-to-transport items, and high-cost transportation expenses as stipulated in Clause 3, Article 71 of the Law on Handling Administrative Violations.

The transfer and handover of seized items and means of transportation involved in administrative violations to the agency receiving the penalty decision for execution must be recorded in a protocol.

2. In cases where individuals or organizations are granted suspension, reduction, exemption from fines, or payment of fines in installments as provided for in Articles 76, 77, and 79 of the Law on Handling Administrative Violations, decisions on suspension, reduction, exemption from fines, or payment of fines in installments must be transferred to the agency receiving the penalty decision for execution.

3. In cases requiring compulsory enforcement of the penalty decision, it shall be carried out according to the provisions of Clause 3, Article 87 of the Law on Handling Administrative Violations."

11. Amend and supplement Article 24 as follows:

“Article 24. Determining the Authority to Impose Penalties and Temporarily Hold Seized Items and Means of Transportation Involved in Administrative Violations in Certain Cases

1. The determination of the authority to impose penalties and apply measures to mitigate consequences shall be carried out in accordance with Article 52 of the Law on Handling Administrative Violations.

2. In cases where administrative violations are being handled by an authority with jurisdiction under a central agency organized vertically located in a locality but need to be transferred to the authority with the power to impose penalties, the transfer of files may be specifically regulated in decrees concerning administrative violation penalties in each management field or in the following order:

a) The authority with the power to impose penalties under a central agency organized vertically located in a locality;

b) The Director of the Ministry's Inspectorate or the highest authority with the power to impose penalties within the sector or the Chairman of the People's Committee with the power to impose penalties at the location where the violation occurred. For administrative violations involving actions as specified in point c, Clause 4, Article 52 of the Law on Handling Administrative Violations or violations involving seized items and means of transportation that are immovable property, aircraft, ships, inland waterway vessels, bulky goods, difficult-to-transport items, and high-cost transportation expenses, the authority to impose penalties belongs to the Chairman of the People's Committee with the power to impose penalties at the location where the violation occurred.

3. In cases where administrative violations involve multiple acts of violation in different fields of state management, including acts of violation not within the authority to impose penalties of the Chairman of the People's Committee, the following shall be implemented:

a) For acts within the authority to impose penalties of the Chairman of the People's Committee, they shall be determined according to the provisions of point c, Clause 4, Article 52 of the Law on Handling Administrative Violations;

b) For acts not within the authority to impose penalties of the Chairman of the People's Committee, they shall be determined according to the provisions of points a and b, Clause 4, Article 52 of the Law on Handling Administrative Violations.

4. The authority to impose penalties in cases where confiscation of seized items and means of transportation involved in administrative violations is prohibited from storage or circulation shall be determined according to the following principles and order:

a) If the person handling the case under the sectors and fields managed as stipulated in Articles 39 to 49 and Article 51 of the Law on Handling Administrative Violations does not have the authority to confiscate seized items and means of transportation involved in administrative violations or the authority to confiscate depends on the fine amount, then the violation case must be transferred to the person with the authority to impose penalties in that sector or field who has the authority to confiscate without depending on the value of the seized items and means of transportation;

b) If the person handling the case does not fall under the circumstances specified in point a of this clause, then the violation case must be transferred to the Chairman of the People's Committee with the power to impose penalties at the location where the violation occurred;

c) If the person handling the case has grounds to determine that the value of the seized items and means of transportation involved in administrative violations is prohibited from storage or circulation, the authority to impose penalties shall be determined according to the provisions of Chapter II, Part II of the Law on Handling Administrative Violations and the provisions of the decree on administrative violation penalties.

5. The authority to decide on temporarily holding seized items and means of transportation involved in administrative violations that are prohibited from storage or circulation shall be implemented according to the provisions of Clause 3, Article 125 of the Law on Handling Administrative Violations."

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

"1. Plans for inspecting the implementation of laws on handling administrative violations by ministries, ministerial-level agencies, the Supreme People's Court, State Audit Office, and provincial People's Committees shall be sent to the Ministry of Justice for monitoring, summarizing, and coordinating the organization of implementation."

13. Amend and supplement some points of Clause 2 and Clause 3 of Article 35 as follows:

a) Amend and supplement point a of Clause 2 of Article 35 as follows:

"a) General observations and evaluations of the situation of administrative violations and penalties; common types of violations;"

b) Amend point b of Clause 2 of Article 35 as follows:

"b) The number of administrative violation cases, cases imposed administrative violation penalties, cases not issuing administrative violation penalty decisions as stipulated in Article 65 of the Law on Handling Administrative Violations, cases already recorded in administrative violation protocols but not yet issued administrative violation penalty decisions; subjects penalized;"

c) Amend point c of Clause 2 of Article 35 as follows:

"c) Results of implementing administrative penalty decisions: Total number of penalty decisions; total amount of fines collected from administrative violations; number of penalty decisions fully implemented; number of penalty decisions suspended, reduced, or exempted from implementation; number of penalty decisions requiring compulsory enforcement; number of penalty decisions subject to appeal or litigation;"

d) Add point g1 after point g, Clause 3, Article 35 as follows:

"g1) Number of subjects currently undergoing educational measures at commune, ward, town level; temporary suspension or exemption from remaining time of execution;"

14. Amend and supplement some points of Clause 1, Clause 2, and Clause 5, Article 37 as follows:

a) Amend and supplement point d, Clause 1, Article 37 as follows:

"d) Establish a database on handling administrative violations within the scope of the industry or field under management; direct agencies and units to provide information for the construction of the database on handling administrative violations and integrate it into the national database on handling administrative violations at the Ministry of Justice;"

b) Amend and supplement point đ, Clause 1, Article 37 as follows:

"đ) Conduct inspections and checks on the implementation of laws on handling administrative violations within the scope of assigned functions and tasks;"

c) Add point đ1 after point đ, Clause 1, Article 37 as follows:

"đ1) Guide the implementation of laws on handling administrative violations within the scope of assigned functions and tasks according to authority or upon request of ministries, sectors, or localities;"

d) Amend and supplement point c, Clause 2, Article 37 as follows:

"c) The Ministry of Public Security reports on the application of educational measures at commune, ward, town level; placement in educational institutions; placement in compulsory education facilities; placement in compulsory drug rehabilitation centers according to the contents specified in points a, c, d, đ, e, g, g1, h, i, and k, Clause 3, Article 35 of this Decree;"

đ) Amend and supplement Clause 5, Article 37 as follows:

"5. Ministries and agencies equivalent to ministries shall assign legal organizations or appropriate units to assist the Minister, Head of the agency equivalent to a ministry in managing the implementation of laws on handling administrative violations within their areas of management, perform the tasks prescribed in Clause 1 and Clause 2 of this Article and other tasks, ensuring compatibility with the functions, duties, and authorities of each unit."

15. Add Clause 4a after Clause 4, Article 41 as follows:

"4a. Recording the content of forms in administrative penalties for cases where the violator is a household, business household, or community shall be carried out as follows:

a) Information of the household, business household, or community shall be recorded in the organizational information section;

b) In the section recording "name of organization," clearly record the phrase "household" followed by the name of the head of the household for households, clearly record the name of the business household as stipulated by the Government regarding enterprise registration for business households, and clearly record the phrase "community" followed by the address for communities;

c) In the section recording "business registration number," record the business household registration number for business households, cross out for households and communities;

d) In the section recording "investment registration number/business registration number or establishment/performance registration number," record "business household registration number" for business households, cross out for households and communities;

đ) In the section recording "legal representative," clearly record the full name of the head of the household for households, clearly record the full name of the head of the business household for business households, and clearly record the full name of the representative of the community who is the village chief, hamlet chief, ward chief, or similar position agreed upon by the community for communities."

16. Add Clause 4b after Clause 4a, Article 41 as follows:

"4b. Recording the content of forms in administrative penalties for cases where the violator is a cooperative, branch, representative office, or business location of a legal entity or organization shall be carried out as follows:

a) Information of the cooperative, branch, representative office, or business location shall be recorded in the organizational information section;

b) In the section recording "name of organization," clearly record the name of the cooperative as stipulated by the Government regarding cooperatives for cooperatives, and clearly record the name of the branch, representative office, or business location as stipulated by laws on enterprises for branches, representative offices, or business locations;

c) In the section recording "business registration number," record the cooperative registration number for cooperatives, branch registration number for branches, representative office registration number for representative offices, and business location registration number for business locations;

d) In the section recording "legal representative," record the full name of the authorized representative of the cooperative members for cooperatives, and record the full name of the head of the branch, representative office, or business location for branches, representative offices, or business locations."

Article 2. Supplement, replace, and abolish certain words, phrases, clauses within articles, and forms of Decree No. 118/2021/NĐ-CP dated December 23, 2021, of the Government detailing some provisions and measures to implement the Law on Administrative Offense Handling.

1. Supplement, replace, and abolish certain phrases in Decree No. 118/2021/NĐ-CP as follows:

a) Add the two words "vụ" before the two words "bưu chính" at Point c Clause 2 Article 20 of Decree No. 118/2021/NĐ-CP;

b) Abolish the phrase "and public order and social safety" at Point c Clause 3 Article 5 of Decree No. 118/2021/NĐ-CP;

c) Abolish the phrases "narcotics," and "prohibited storage and circulation items" at Clause 6 Article 5 of Decree No. 118/2021/NĐ-CP;

d) Add the word "xử lý" before the second phrase "vi phạm hành chính" at Clause 5 Article 31 of Decree No. 118/2021/NĐ-CP;

đ) Abolish the phrase ", Social Insurance of Vietnam" at Clauses 2 and 3 Article 31, Clause 1 Article 33, Point c Clause 1 Article 36, Title Article 37, Title Clause 1 Article 37, Point e Clause 1 Article 37, and Title Clause 2 Article 37 of Decree No. 118/2021/NĐ-CP;

e) Add the phrase "or according to the plan" after the phrase "legitimate rights and interests of individuals and organizations" at Clause 1 Article 32 of Decree No. 118/2021/NĐ-CP;

g) Abolish the phrase "Social Insurance of Vietnam," at Point a Clause 2 Article 37 of Decree No. 118/2021/NĐ-CP;

h) Replace the phrase "Clauses 1, 2, and 5 Article 37" with the phrase "Clause 1, Points a and d Clause 2, Clause 5 Article 37" at Clause 1 Article 38 of Decree No. 118/2021/NĐ-CP.

2. Abolish Clause 3 Article 15, Clause 4 Article 17, and Point b Clause 2 Article 37 of Decree No. 118/2021/NĐ-CP.

3. Replace Decision Form No. 01, Decision Form No. 02, Decision Form No. 11, Decision Form No. 38, Decision Form No. 39, Decision Form No. 40, Record Form No. 01, Record Form No. 05, and Record Form No. 27 in the "Annex Certain Forms in Administrative Offense Penalties" issued together with Decree No. 118/2021/NĐ-CP with Decision Form No. 01, Decision Form No. 02, Decision Form No. 11, Decision Form No. 38, Decision Form No. 39, Decision Form No. 40, Record Form No. 01, Record Form No. 05, and Record Form No. 27 in the Annex issued together with this Decree.

Article 3. Implementation Provisions

This Decree takes effect from May 2, 2025.

The Head of the Ministry’s Office, Heads of Departments, Director of the Vietnam Registration Agency, Heads of agencies, units, and individuals related to this Circular shall be responsible for its enforcement.

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

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees, and related agencies shall be responsible for organizing the implementation of this Decree./.