Decree 78/2026/NĐ-CP Amending and Supplementing Certain Articles of Decree No. 174/2024/NĐ-CP dated December 30, 2024 of the Government on Administrative Sanctions in the Field of Insurance Business

c) Temporarily suspend operations;
d) Apply remedial measures as provided in paragraph 5 of Article 3 of this Decree.

2. The Director of the Insurance Supervision Department and the inspection team established by the Minister of Finance have the authority to:

a) Issue a warning;

b) Impose a fine up to 100,000,000 Vietnamese dong;

c) Temporarily suspend operations;

d) Apply remedial measures as provided in paragraph 5 of Article 3 of this Decree.

3. A People's Public Security Officer performing official duties has the authority to:

a) Issue a warning;

b) Impose a fine up to 10,000,000 Vietnamese dong.

4. The Team Leader of the People's Public Security has the authority to:

a) Issue a warning;

b) Impose a fine up to 30,000,000 Vietnamese dong;

c) Apply remedial measures as provided in paragraph 5 of Article 3 of this Decree.

5. The Chief of the Public Security at the district level has the authority to:

a) Issue a warning;

b) Impose a fine up to 50,000,000 Vietnamese dong;

c) Apply remedial measures as provided in paragraph 5 of Article 3 of this Decree.

6. The Head of the Specialized Business Unit under the Economic Security Department including: Director of the Industrial and Commercial Security Department, Director of the Currency Security Department, Director of the Transportation, Construction Security Department, Director of the Financial, Investment Security Department, Director of the Agricultural, Forestry, Fisheries Security Department, Director of the Science, Technology and Natural Resources, Environment Security Department; Head of the Specialized Business Unit under the Administrative Criminal Investigation Department including: Director of the Guidance, Weapons, Explosives, Ammunition, and Auxiliary Equipment Management Office, Director of the Guidance, Licensing of Industries and Occupations Involving Public Order and Seals, Director of the National Population Data Center; Head of the Specialized Business Unit under the Fire Safety, Rescue and Disaster Response Department including: Director of the Fire Prevention Work Office, Director of the Fire Prevention Approval Office, Director of the Firefighting and Rescue Work Office, Director of the Scientific Research - Technology and Inspection Office for Fire Prevention Equipment, Firefighting and Rescue; Head of the Public Security at the provincial level including: Director of the Administrative Criminal Investigation Department, Director of the Economic Crime Investigation Department, Director of the Anti-Corruption, Economic Crime, Smuggling Investigation Department, Director of the Fire Safety, Rescue and Disaster Response Department, Director of the Economic Security Department; Chief of the Investigative Office of the Provincial Public Security Bureau has the authority to:

a) Issue a warning;

b) Impose a fine up to 80,000,000 Vietnamese dong;

c) Apply remedial measures as provided in paragraph 5 of Article 3 of this Decree.

7. The Director of the Economic Security Department, the Director of the Anti-Corruption, Economic Crime, Smuggling Investigation Department, the Director of the Administrative Criminal Investigation Department, the Director of the Economic Crime Investigation Department, the Director of the Fire Safety, Rescue and Disaster Response Department, the Chief of Public Security at the provincial level, the Chief of the Investigative Office of the Provincial Public Security Bureau have the authority to:

a) Issue a warning;

b) Impose a fine up to 100,000,000 Vietnamese dong;

c) Apply remedial measures as provided in paragraph 5 of Article 3 of this Decree.

8. The Head of the Inspection Team of the National Bank Regional Office has the authority to:

a) Issue a warning;

b) Impose a fine up to 50,000,000 Vietnamese dong;

c) Apply remedial measures as provided in paragraph 5 of Article 3 of this Decree.

9. The Deputy Inspector General of the National Bank Regional Office has the authority to:

a) Issue a warning;

b) Impose a fine up to 80,000,000 Vietnamese dong;

c) Apply remedial measures as provided in paragraph 5 of Article 3 of this Decree.

10. The Deputy Inspector General of the National Bank of Vietnam; Head of the Inspection Team established by the Deputy Inspector General of the National Bank of Vietnam has the authority to:

a) Issue a warning;

b) Impose a fine up to 100,000,000 Vietnamese dong;

c) Apply remedial measures as provided in paragraph 5 of Article 3 of this Decree."

8. The Head of the Regional Office of the State Bank of Vietnam's Inspection Team shall have the authority to:

a) Issue a warning;

b) Impose a fine up to 50,000,000 Vietnamese dong;

c) Apply remedial measures as specified in Clause 5 of this Decree.

9. The Deputy Head of the Regional Office of the State Bank of Vietnam's Inspection Team shall have the authority to:

a) Issue a warning;

b) Impose a fine up to 80,000,000 Vietnamese dong;

c) Apply remedial measures as specified in Clause 5 of this Decree.

10. The Deputy Head of the Inspection Team of the State Bank of Vietnam; the Head of the Inspection Team established by the Deputy Head of the Inspection Team of the State Bank of Vietnam shall have the authority to:

a) Issue a warning;

b) Impose a fine up to 100,000,000 Vietnamese dong;

c) Apply remedial measures as specified in Clause 5 of this Decree."

Article 2. Amend and supplement Article 42 as follows:

"Article 42. Principles for Determining and Defining Jurisdiction over Administrative Violation Penalties in the Field of Insurance Business

1. The head of the inspection team, the head of the examination team has jurisdiction to impose penalties on administrative violations within the scope and content of the inspection and examination during the period of inspection and examination as provided by law. In case the decision to impose a penalty cannot be made before the expiration of the period for inspection and examination as provided by law, the violation must be transferred to the person with jurisdiction to impose a penalty.

2. Where an administrative violation in the field of insurance business falls within the jurisdiction of multiple officials with authority to impose penalties for administrative violations, the penalty shall be imposed by the first official to handle the case.

3. In cases where the form, amount of fine, supplementary penalty measures, and remedial measures are prescribed for one or more acts that exceed the jurisdictional authority as provided in this Decree, the person with jurisdiction currently handling the matter must immediately transfer the violation file to the competent authority or person to impose a penalty.

4. Where an official with jurisdiction is performing duties pursuant to a legal normative document or administrative document issued by a competent authority and has the authority to issue a violation notice but lacks the authority to impose penalties, the violation notice must be transferred to the person with authority to impose penalties in accordance with the law.

5. The jurisdiction over administrative penalty violations of persons specified in Article 41 of this Decree applies to one act of administrative violation by an individual; for fines, the jurisdictional authority for organizations is twice that for individuals.

6. Determining the jurisdiction over administrative penalty violations for officials specified in Article 41 of this Decree as follows:

a) Officials specified in paragraphs 1 and 2 of Article 41 of this Decree have the authority to impose penalties on acts violating provisions of this Decree, except those specified in paragraphs 2, 3, and 4 of Article 40 of this Decree;

b) Officials belonging to the People's Public Security Force as specified in paragraphs 3, 4, 5, 6, and 7 of Article 41 of this Decree have the authority to impose penalties on acts violating provisions of Article 15, paragraph 2, point d of Article 16, paragraph 1, point b of Article 39, and Article 40 of this Decree;

c) Officials belonging to the State Bank of Vietnam as specified in paragraphs 8, 9, and 10 of Article 41 of this Decree have the authority to impose penalties on acts violating provisions of paragraph 1 and paragraph 2 of Article 40 of this Decree."

Article 3. Amend and supplement Article 44 as follows:

"Article 44. Enforcement of Penalties and Remedial Measures

1. The enforcement of a decision to impose an administrative penalty is carried out in accordance with the law on handling administrative violations.

2. Records, documents, or other papers documenting the enforcement of penalties and remedial measures must be included in the file for the imposition of administrative penalties as provided by Article 57 of the Law on Handling Administrative Violations."

Article 4. To insert Article 44a after Article 44 as follows:

"Article 44a. Handling Administrative Offenses in an Electronic Environment

Where administrative offenses are handled in an electronic environment, such handling shall be conducted in accordance with the provisions of Article 18a of the Law on Handling Administrative Offenses and Chapter IIIa of Decree No. 190/2025/NĐ-CP dated July 1, 2025, by the Government."

Article 5. To insert the title of Section 4a in Chapter II after Section 27 as follows:

"Section 4a
VIOLATIONS OF REGULATIONS ON THE MANAGEMENT OF CAPITAL,
USE OF CAPITAL AND ASSETS".

Article 6. Implementation Clause

This Decree shall take effect on May 1, 2026.

MINISTRY OF GOVERNMENT OFFICIALS
CHIEF ECONOMIC OFFICIAL
DEPUTY CHIEF ECONOMIC OFFICIAL

For reference:

Central Committee of the Party;

Prime Minister, Deputy Prime Ministers of the Government;

Central Party Office and various Committees of the Party;

Office of the General Secretary;

Office of the President;

Ethnic Affairs Council and various Committees of the National Assembly;

Office of the National Assembly;

Supreme People's Court;

Supreme People's Procuratorate;

Audit Agency;

Central Committee of the Vietnam Fatherland Front;

Lvu: VT, KTTH (2b)