Law Amending and Supplementing Certain Articles of the Law on Administrative Offense Handling No. 88/2025/QH15

 LAW

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

On the basis of The Constitution of the Socialist Republic of Vietnam has been amended and supplemented with some articles pursuant to Resolution No. 203/2025/QH15;

The National Assembly enacted the Law Amending and Supplementing Certain Articles of Law on Administrative Violations Handling No. 15/2012/QH13 has been amended and supplemented with some articles pursuant to Law No. 54/2014/QH13, Law No. 18/2017/QH14, Law No. 67/2020/QH14, Law No. 09/2022/QH15, Law number 11/2022/QH15 and Law No. 56/2024/QH15.

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

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

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

“a) The statute of limitations for administrative 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 activities; environmental protection; atomic energy; management and development of housing and public buildings; land; dyke and flood control; press; publishing; production, export, import, trading of goods; production, sale of prohibited goods and fake goods; overseas labor management; complaints, denunciations, suggestions, reflections shall have a statute of limitations of two years for administrative penalties.

Administrative violations related to tax, independent audit shall be subject to the statute of limitations for administrative penalties as prescribed by laws on tax administration and laws on independent audit.”

b) Amend and supplement point c clause 1 as follows:

“c) In cases where administrative penalties are imposed on individuals or organizations referred by judicial organs, the statute of limitations for administrative penalties shall apply according to the provisions at point a of this clause extended by an additional one year.The time taken by judicial organs to accept and examine shall be included in the statute of limitations for administrative penalties;”.

2. Add Article 18a after Article 18 as follows:

"Article 18a. Handling of administrative violations in electronic environments

1. Handling of administrative violations in electronic environments shall be carried out when ensuring conditions regarding infrastructure, technology, and information.

2. Handling of administrative violations in electronic environments must meet the following requirements:

a) Compliance with the provisions of the law on handling administrative violations, the law on electronic transactions, and relevant laws;

b) Collection, storage, exploitation, and use of data must ensure integrity, authenticity, security, and compliance with the purpose and scope as prescribed by law;

c) Connecting systems, sharing data, providing accurate and timely information to serve state management and supervision by competent authorities, organizations, and individuals.

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

3. Amend and supplement certain points and clauses of Article 24 as follows:

a) Amend and supplement Point a of Clause 1 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 relations; complaints, denunciations, suggestions, reflections;”;

b) Amend and supplement point đ clause 1 as follows:

“đ) Fine up to VND 100,000,000: dyke and flood control; medical examination and treatment; cosmetics; pharmaceuticals, medical equipment; animal husbandry; fertilizers; advertising; betting and games of chance; overseas labor management; maritime transport; civil aviation activities; management and protection of transportation works; information technology; telecommunications; radio frequency spectrum; cyber security; information security; data; digital industry technology; publishing; printing; trade; customs and tax procedures; lottery business; insurance business; thrift and waste prevention; explosive material management; power;”;

c) Amend and supplement point i clause 1 as follows:

“i) Fine up to VND 500,000,000: construction; forestry; land; integrated resource management and marine and island environment protection; real estate business;”;

d) Amend and supplement clause 3 as follows:

“3. The maximum fine amount in the fields of tax; measurement; food safety; product quality and commodity quality; securities; competition; independent audit; personal data protection shall be implemented in accordance with the corresponding laws.”.

4. Add Article 37a to Chapter II Part Two and after Article 37 as follows:

“Article 37a. Competence to impose administrative penalties

1. The authorities competent to impose administrative penalties under this Law include:

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

b) Heads of organizations under Ministries and ministerial-level agencies assisting Ministers and Heads of ministerial-level agencies in performing state management tasks within their respective sectors and fields; Heads of organizations under Ministries and ministerial-level agencies entrusted with inspection functions within the scope of state management of Ministries and ministerial-level agencies, except where such positions are provided for in point đ of this Clause;

c) Heads of specialized agencies under provincial People's Committees; Heads of District-level Agencies under Departments under Ministries and equivalent agencies; Heads of District-level Agencies under specialized agencies under provincial People's Committees and equivalent agencies;

d) Inspectors; Leaders of Inspection Teams during the inspection period;

đ) Chief Inspectors of inspection agencies in the Vietnam People's Army, the Vietnam People's Public Security Force, and the State Bank of Vietnam;

e) Chief Inspectors of inspection agencies in the Cryptographic Sector; Heads of inspection agencies established pursuant to international treaties to which the Socialist Republic of Vietnam is a party;

g) Leaders of inspection teams of Ministries and ministerial-level agencies during the inspection period;

h) Authorities belonging to the following agencies and forces: the Vietnam People's Public Security Force; Border Guard Forces; Coast Guard; Customs; Taxation; Market Management; Forestry and Forest Rangers; Fisheries and Fishery Inspectors; Civil Execution;

i) Directors, Representatives of Maritime Port Authorities, Inland Waterway Port Authorities, Civil Aviation Port Authorities; Directors of Regional Frequency Management Centers; Directors of Social Insurance Centers in Regions, Director of the Vietnam Social Insurance; Directors of National Treasury, Directors of Regional Treasuries;

k) Chairpersons of the National Standardization, Measurement, and Quality Control Committee; Chairpersons of the Securities Commission; Heads of the Government Cryptographic Board; Heads of diplomatic agencies, consular agencies, and other agencies authorized to perform consular functions of the Socialist Republic of Vietnam abroad;

l) Chairpersons of the National Competition Committee, except where the Competition Law provides otherwise regarding the competence to impose penalties on acts of restrictive competition agreements, abuse of dominant market position, abuse of monopoly position, economic concentration, and unfair competition;

m) Authorities belonging to People's Courts;

n) Authorities belonging to People's Procuratorates;

o) Leaders of audit teams during the audit period, Auditor General of the State Audit Office.

2. Based on the provisions of points a, b, c, d, đ, e, g, h, i, k, and l of Clause 1 of this Article, the Government shall provide detailed regulations on the positions competent to impose administrative penalties; the authority to apply forms of penalties and measures to remedy consequences for each position.

3. Based on the provisions of points m, n, and o of Clause 1 of this Article, the Standing Committee of the National Assembly shall provide detailed regulations on the positions competent to impose administrative penalties; the authority to apply forms of penalties and measures to remedy consequences for each position.

4. In cases where new agencies and forces are established that have not been provided for in points a, b, c, d, đ, e, g, h, i, k, and l of Clause 1 of this Article, and do not fall under the provisions of Article 53 of this Law, then the authority to impose administrative penalties for positions in newly established agencies and forces shall be regulated by the Government after obtaining the consent of the Standing Committee of the National Assembly. The Government shall be responsible for reporting to the National Assembly at the nearest session.

5. Amend and supplement some clauses of Article 52 as follows:

a) Amending and supplementing Clause 1 as follows:

“1. The authority to impose administrative penalties of a position is the authority to apply to a specific administrative violation; in cases of fines, the authority to impose fines on organizations is twice the authority to impose fines on individuals.

In cases of imposing fines for administrative violations in the inner city areas of cities specified in Clause 1 of Article 23 of this Law, the positions authorized to impose fines for administrative violations as prescribed by the Government also have the authority to impose corresponding higher fines for administrative violations prescribed by the People's Councils of those cities.”

b) Amend and supplement clause 3 as follows:

“3. Chairpersons of People's Committees at all levels have the authority to impose administrative penalties in the fields of state management at the local level.

Authorities competent to impose administrative penalties as provided for in points b, c, d, đ, e, g, h, i, k, and l of Clause 1 of Article 37a of this Law have the authority to impose administrative penalties in the fields and sectors they manage.

In cases where an administrative violation falls within the authority to impose penalties of multiple persons, the administrative penalty shall be carried out by the first person to handle the case.”

6. Amend and supplement Article 53 as follows:

“Article 53. Change in name, duties, and powers of positions competent to impose administrative penalties

1. In cases where the position competent to impose administrative penalties as prescribed by the Government changes its name but does not change its duties and powers, the authority to impose administrative penalties of that position remains unchanged.

2. In cases where the position competent to impose administrative penalties as prescribed by the Government changes its duties and powers due to organizational restructuring, the authority to impose penalties continues to be exercised by the position that takes over the functions, duties, and powers in each field of state management.”

7. Amend and supplement Clause 1 of Article 54 as follows:

“1. Authorities competent to impose administrative penalties as provided for in Article 37a of this Law may delegate their authority to impose administrative penalties to deputy officials.”

8. Amend and supplement Article 56 as follows:

“- Prime Minister;56. Administrative penalties without a record

1. Administrative penalties without a record shall be applied in the following cases:

a) Warning or fines up to VND 500,000 for individuals, VND 1,000,000 for organizations;

b) Violations transferred by agencies with criminal prosecution authority according to Clause 1 of Article 63 of this Law.

2. In cases where administrative violations are discovered through technical means or equipment, a record must be established.

3. In cases where an administrative violation is penalized without establishing a record as provided for in point a, Clause 1, Article 56 of this Law, the authorized authority shall issue a penalty decision on the spot."

9. Amend and supplement some points and clauses of Article 58 as follows:

a) Amending and supplementing Clause 1 as follows:

"1. When discovering an administrative violation within their area of management, the authorized authority performing official duties must promptly establish an administrative violation record, except in cases where penalties are imposed without establishing a record as stipulated in Clause 1, Article 56 of this Law.

Administrative violations occurring on the sea, inland waterways, or aircraft, ships, inland waterway vessels, trains, the person with authority or the aircraft commander, ship captain, train leader shall organize the establishment of a record and transfer it to the person with authority to impose administrative penalties when the aircraft, ship, inland waterway vessel, or train arrives at the airport, port, or station."

b) Amend and supplement Point b of Clause 3 as follows:

"b) Information about the person who established the record, the individual or organization that violated, and the relevant agencies, organizations, or individuals;"

In cases where the subject implementing the violation cannot be identified, it shall be recorded as unable to identify the individual or organization that violated;"

c) Amending and supplementing Clause 5 as follows:

"5. Once completed, the administrative violation record must be handed over to the individual or organization that committed the administrative violation one copy; in cases where the administrative violation does not fall under the penalty authority of the person who established the record, the record and other documents must be promptly transferred to the person with authority to impose penalties, except in cases where the administrative violation occurs on the sea, inland waterways, or aircraft, ships, inland waterway vessels, or trains."

10. Supplement Clause 3 following Clause 2 of Article 59 as follows:

"3. The person with authority as specified in Clause 1 of this Article may themselves or delegate and coordinate to carry out verification and must bear responsibility before the law for the results of the verification."

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

"3. In cases where the provisions of Clause 2 of this Article cannot be applied as a basis for determining the value of the objects or means of administrative violations to determine the fine range and penalty authority, the person with authority currently handling the case may issue a decision to temporarily seize the objects or means of administrative violations and establish an Appraisal Board. The Appraisal Board consists of the person issuing the decision to temporarily seize the objects or means of administrative violations as the Chairman, representatives from the same-level financial agency, and representatives from related specialized agencies as members.

The period for temporarily seizing to determine the value of the objects or means of administrative violations shall not exceed five working days from the date of issuance of the decision to temporarily seize. All costs related to temporary seizure, appraisal, and damages caused by the temporary seizure shall be borne by the agency of the person issuing the decision to temporarily seize."

12. Amend and supplement Clause 1 of Article 62 as follows:

"1. During the process of examining and handling the violation case, if it is found that the violation act has signs of criminal offenses, then the person with authority currently handling the case must transfer the relevant files concerning the act with signs of criminal offenses to the competent authority for criminal proceedings.

The transfer of objects or means of administrative violations related to acts with signs of criminal offenses shall be carried out according to the regulations of the Government."

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

"1. For cases handled and resolved by the competent authority for criminal proceedings, but subsequently issued one of the decisions 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 criminal liability according to the judgment, if the act has signs of administrative violations, the person with authority of the agency currently handling the case must impose administrative penalties according to their authority. If there is no authority to impose penalties, they must transfer the decision along with the file (certified copy),of the objects or means of administrative violations related to the administrative violation act in the case, except when the objects or means are evidence and a request for administrative penalty, to the person with authority to impose penalties within five working days from the date the decision takes effect."

14. Amend and supplement Article 70 as follows:

“Article 70. Sending the administrative penalty decision for enforcement

1. Within three working days from the date of issuing the administrative penalty decision, the person who issued the decision must send it to the individual or organization being penalized, the agency collecting fines, and other related agencies (if any) for enforcement.

2. The sending of the administrative penalty decision may be carried out in one of the following forms:

a) Delivering directly to the individual or organization being penalized;

b) Sending via a postal service with guaranteed delivery;

c) Sending electronically;

d) In cases where it is not possible to implement the forms prescribed in points a, b, and c of this clause, the decision will be publicly posted at the place of residence of the individual or the location of the organization's headquarters, or sent to the People's Committee of the commune where the individual resides or the location of the organization's headquarters for public posting..

3. The sending of the administrative penalty decision for enforcement shall be carried out in accordance with the regulations of the Government."

15. Amend and supplement Clause 1 of Article 71 as follows:

"1. In cases where the individual or organization being penalized does not have the conditions to comply with the decision at the place where the decision-making agency is located, the decision shall be transferred to the agency at the same level where the individual resides or the organization is headquartered for enforcement; if the place of residence of the individual or the location of the organization's headquarters does not have an agency at the same level, the administrative penalty decision shall be transferred to the People's Committee of the commune where the individual resides or the location of the organization's headquarters for enforcement."

16. Amend and supplement Article 87 as follows:

“Article87. Authority to decide on compulsory enforcement

1. The following persons have the authority to issue a decision on compulsory enforcement:

a) The person authorized to impose administrative penalties is the head of the level or the head of the agency or unit specified in points a, b, c, đ, e, h, i, k, l, m, and n of Clause 1, Article 37a of this Law, and the State Auditor has the authority to enforce decisions on administrative penalties issued by themselves or by their subordinate agencies.

The enforcement authority for decisions on administrative penalties of the Audit Team Leader shall be carried out in accordance with the regulations of the Standing Committee of the National Assembly;

b) The person authorized within the agency receiving the decision on administrative penalty to issue a decision on enforcement or report to their superior to issue a decision on enforcement to implement the decision on administrative penalty.

2. The person authorized to enforce as stipulated in Clause 1 of this Article may delegate such authority to their deputy. The delegation of authority shall be evidenced by a decision specifying clearly the scope, content, and duration of the delegation. The deputy who is delegated authority must be responsible before the head and before the law for the implementation of the delegated authority. The person delegated authority shall not delegate it to another person.”

17. Amend and supplement Article 99 as follows:

“Article 99. Preparing the file to propose the application of measures to send to a reformatory school1. The preparation of the file to propose the application of measures to send to a reformatory school for the subjects specified in Article 92 of this Law shall be carried out as follows:

a) For persons under 18 years old who commit violations and have a stable place of residence, the Head of the Police Station where they reside shall prepare the file to propose the application of measures to send to a reformatory school.

The proposal file includes: a summary of the criminal record; documents on the acts of violating the law committed by the violator; educational measures already applied; a statement from the violator, opinions of their parents or other lawful representatives, opinions of the school, agency, or organization where the person under 18 years old is studying or working (if applicable), and other relevant documents;

b) For persons under 18 years old who commit violations without a stable place of residence, the Head of the Police Station where the violation occurred shall prepare the file to propose the application of measures to send to a reformatory school.

The proposal file includes: the violation record; a summary of the criminal record; documents on the acts of violating the law committed by them; results of verifying prior offenses; educational measures already applied (if applicable); a statement from the violator, opinions of their parents or other lawful representatives.

2. In cases where the file is directly discovered, investigated, and handled by an agency or unit under the Provincial Police, but the violator under 18 years old does not reach the level of criminal responsibility, and falls within the category of being sent to a reformatory school according to Article 92 of this Law, the agency or unit handling the case shall complete the violation file and transfer it to the competent Police Station to prepare the file to propose the application of measures to send to a reformatory school for that person.

If the violation file transferred by the agency or unit under the Provincial Police is incomplete, the Head of the Police Station shall return the file to the transferring agency or unit 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 complete file, the Head of the Police Station shall complete the proposal file for the People's Court in the area to apply measures to send to a reformatory school.

The proposal file includes: a summary of the criminal record; documents on the acts of violating the law committed by them; educational measures already applied; a statement from the violator, opinions of their parents, guardians, or other lawful representatives.

3. Agencies and units under the Provincial Police and the competent Police Stations have the responsibility for the legality of the documents and proposal files. After completing the preparation of the proposal file, the Police Station must notify in writing the person proposed to be subject to the measure, their parents, or other lawful representatives about the preparation 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.”

18. Amend and supplement Article 100 as follows:

Article 100. Reviewing and deciding on the transfer of the file proposing the application of measures to send to a reformatory school to the People's Court in the area

“Article1. Within three working days from the end of the period for reading the file as stipulated in Clause 3 of Article 99 of this Law, the Head of the Police Station

decides on the transfer of the file proposing the application of measures to send to a reformatory school to the People's Court in the area to decide on the application of measures. 2. The file proposing the People's Court in the area to review and decide on the application of measures to send to a reformatory school includes:

a) The file proposing the application of measures to send to a reformatory school as stipulated in Article 99 of this Law;

b) A document from the Head of the Police Station regarding the proposal to consider the application of measures to send to a reformatory school.

3. The file proposing the application of measures to send to a reformatory school must be indexed and stored in accordance with the law on archiving.”

19. Amend and supplement Article 101 as follows:

Article 101. Preparing the file to propose the application of measures to send to a compulsory education facility

“1. The preparation of the file to propose the application of measures to send to a compulsory education facility for the subjects specified in Article 94 of this Law shall be carried out as follows:a) For violators with a stable place of residence, the Head of the Police Station where they reside shall prepare the file to propose the application of measures to send to a compulsory education facility.

The proposal file includes: a summary of the criminal record; documents on the acts of violating the law committed by them; educational measures already applied; a statement from the violator or their lawful representative; other relevant documents;

a) For individuals with a stable place of residence, the Head of the Police Station at the commune where they reside shall prepare a dossier to propose the application of compulsory educational measures.

The dossier shall include: a summary curriculum vitae; documents regarding their violations of laws; educational measures already applied; a statement from the violator or their lawful representative; other related documents;

b) For persons not residing at the location where the violation of the law occurred, the Head of the Police Station of the commune must investigate; if the place of residence is determined, they are responsible for transferring that person along with the violation report to the local authorities for handling; if the place of residence cannot be determined, the Head of the Police Station of the commune where the violation occurred shall prepare a file requesting the application of compulsory educational measures.

The request file includes: the violation report; a summary of the criminal record; documents regarding the violations of the law committed by that person; results of investigations into prior offenses and convictions; educational measures already applied (if any); the statement of the violator or their lawful representative.

2. In cases where the Head of the Compulsory Drug Rehabilitation Center establishes a file requesting placement in a compulsory educational facility according to the provisions of Clause 3, Article 118 of this Law, the file shall include: the existing compulsory drug rehabilitation file; the report on new violations; the document from the Head of the Compulsory Drug Rehabilitation Center. Within three working days from the date of establishing the report on new violations, the Head of the Compulsory Drug Rehabilitation Center shall send the file to the Head of the Police Station of the commune with authority. If the violation file transferred by the Head of the Compulsory Drug Rehabilitation Center is incomplete, the Police Station shall return the file to the Head of the Compulsory Drug Rehabilitation Center 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 receiving the complete file, the Police Station shall complete the request file to submit to the People's Court of the area for applying compulsory educational measures.

3. In cases where the violator is directly discovered, investigated, and handled by agencies or units under the Provincial Police Force in cases of law violations but not reaching the level of criminal prosecution and falling within the category of being placed in a compulsory educational facility according to the provisions of Article 94 of this Law, the agency or unit handling the case shall complete the violation file and transfer it to the Police Station of the commune with authority to establish a file requesting the application of compulsory educational measures against that person. If the violation file transferred by the agency or unit under the Provincial Police Force is incomplete, the Police Station shall return the file to the agency or unit 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 receiving the complete file, the Police Station shall complete the request file to submit to the People's Court of the area for applying compulsory educational measures.

The request file includes: a summary of the criminal record; documents regarding the violations of the law committed by that person; educational measures already applied; the statement of the violator or their lawful representative.

4. The Head of the Compulsory Drug Rehabilitation Center, agencies or units under the Provincial Police Force as stipulated in Clause 3 of this Article, and the Police Station shall bear responsibility for the legality of the documents and request files when establishing a file requesting the application of compulsory educational measures. After completing the establishment of the request file, the Police Station shall notify in writing the person proposed to be subject to the measure 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.

20. Amend and supplement Article 102 as follows:

“Article102. Consideration and decision on transferring the request file to the People's Court of the area for applying compulsory educational measures.

1. Within three working days from the end of the period for reading the file as stipulated in Clause 4 of Article 101 of this Law, the Head of the Police Station of the commune shall decide on transferring the request file to the People's Court of the area for applying compulsory educational measures.

2. The request file for the People's Court of the area to consider and decide on applying compulsory educational measures includes:

a) The request file for applying compulsory educational measures as prescribed in Articles 101 and 118 of this Law;

b) The document from the Head of the Police Station of the commune regarding the request for consideration and application of compulsory educational measures.

4. The request file for applying compulsory educational measures must be indexed and stored in accordance with the regulations on archiving.

21. Amend and supplement Article 103 as follows:

“Article103. Establishing a request file for applying compulsory drug rehabilitation measures.

1. The establishment of a request file for applying compulsory drug rehabilitation measures for drug addicts as prescribed in Article 96 of this Law shall be carried out as follows:

a) In cases where the drug addict has a stable place of residence, the Head of the Police Station of the commune where the person resides shall establish a request file for applying compulsory drug rehabilitation measures;

b) In cases where the drug addict does not have a stable place of residence, the Head of the Police Station of the commune where the person committed the violation of the law shall establish a request file for applying compulsory drug rehabilitation measures;

c) In cases where the drug addict is directly discovered, investigated, and handled by agencies or units under the Provincial Police Force in cases of law violations and falls within the category of being placed in a compulsory drug rehabilitation center as prescribed in Article 96 of this Law, the agency or unit handling the case shall complete the violation file and transfer it to the Police Station of the commune with authority to establish a request file for applying compulsory drug rehabilitation measures against that person. If the violation file transferred by the agency or unit under the Provincial Police Force is incomplete, the Police Station shall return the file to the agency or unit 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 receiving the complete file, the Police Station shall complete the request file to submit to the People's Court of the area for applying compulsory drug rehabilitation measures;

d) The request file as prescribed in points a, b, and c of this clause includes: the violation report; a summary of the criminal record; documents proving the current state of drug addiction of that person; the statement of the drug addict or their lawful representative and other related documents.

đ) In case a drug addict voluntarily comes to the police station of a commune-level administrative unit to report their addiction status and requests to undergo compulsory drug rehabilitation at a designated facility, the application file shall include: a voluntary application for drug rehabilitation; a summary of personal history; evidence proving their current drug addiction status; a statement from the drug addict or their legal representative, and other relevant documents.

Evidence proving the current drug addiction status of the individual shall be carried out as follows: if the person has a certificate from an authorized agency within six months from the date of issuance, this certificate will be used; if the person does not have such a certificate or the certificate from an authorized agency exceeds six months from the date of issuance, the commune-level police station shall guide them on how to obtain a new certificate of addiction status.

2. Police units at provincial and commune levels responsible for establishing files to apply compulsory drug rehabilitation measures must ensure the legal validity of the documents and files submitted. After completing the establishment of the application file, the commune-level police station must notify in writing the individual proposed to be subject to compulsory drug rehabilitation or their legal representative about the filing process. These individuals have the right to read the file and make necessary notes within three working days from the date of receiving the notification.

22. Amend and supplement Article 104 as follows:

“- Prime Minister;104. Consideration and decision on transferring the application file to the People's Court in the area for applying compulsory drug rehabilitation measures.

1. Within three working days from the end of the period specified in Clause 2, Article 103 of this Law for reading the file, the Head of the Commune-level Police Station shall decide on transferring the application file to the People's Court in the area for applying compulsory drug rehabilitation measures.

2. The application file for the People's Court in the area to consider and decide on applying compulsory drug rehabilitation measures includes:

a) The application file for applying compulsory drug rehabilitation measures as stipulated in Article 103 of this Law;

b) A document from the Head of the Commune-level Police Station proposing the application of compulsory drug rehabilitation measures.

3. The application file for applying compulsory drug rehabilitation measures must be indexed and stored according to the regulations on record keeping.

23. Amend and supplement Clause 1, Article 110 as follows:

“1. Within five days from the date of receipt of the decision to send the person to a reformatory school, a compulsory educational institution, or a compulsory drug rehabilitation facility, the police agency shall prepare a proposal to send the person to a reformatory school, a compulsory educational institution, or a compulsory drug rehabilitation facility.”

24. Amend and supplement Clause 1, Article 123 as follows:

“1. In cases prescribed in Clause 1, Article 122 of this Law, the following authorities with administrative violation penalty powers may decide to temporarily detain a person under administrative procedures:

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

b) The Head of the Commune-level Police Station; the Head of the Business Department under the Ministry of Public Security; the Head of the Business Department under the Provincial Police or equivalent position in the People's Public Security force;

c) The Commander of the Border Guard Post, the Commander of the Border Guard Command at the Port, the Commander of the Coast Guard Squadron, the Commander of the Coast Guard Flotilla, the Commander of the Special Task Force for Drug Control and Crime Prevention, the Commander of the Border Guard Command;

d) The Commander of the Coast Guard Squadron, the Commander of the Coast Guard Flotilla, the Commander of the Sea Area, the Commander of the Coast Guard Unit;

đ) The Head of the Forest Management Station, the Head of the Forest Protection Team, the Head of the Fisheries Management Station, the Head of the Fishery Surveillance Team;

e) The Head of the Customs Team at the Port; the Head of the Non-port Customs Team; the Head of the Customs Control Team under the Regional Customs Office; the Head of the Anti-smuggling Investigation Team under the Anti-smuggling Investigation Office;

g) The Head of the Market Supervision Team under the Market Supervision Office under the Department of Industry and Trade; the Head of the Business Department for Market Supervision under the Market Development and Promotion Department;

h) The Presiding Judge of the trial session.”

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

a) Amend and supplement Point a of Clause 1 as follows:

“a) To determine administrative violations or clarify circumstances in violation cases where there would be no basis for issuing an administrative violation notice or a penalty decision without temporary detention, including cases where temporary detention is required to assess the value of the confiscated items to establish the fine range and penalty authority as provided in Article 60 of this Law;”

b) Amend and supplement Point c, Clause 1 as follows:

“c) To ensure the enforcement of the penalty decision as stipulated in Clauses 6 and 7 of this Article.”

c) Amend and supplement Clause 4 as follows:

“4. The confiscation of contraband items, means of transportation, licenses, and certificates when there is one of the grounds specified in Clause 1 of this Article and it is carried out as follows:

a) The person authorized to handle the case shall issue a temporary detention record for contraband items, means of transportation, licenses, and certificates according to Clause 9 of this Article;

b) If the person authorized to issue the administrative violation notice conducts the temporary detention simultaneously with issuing the notice, they do not need to issue a separate temporary detention record. The administrative violation notice in this case must clearly state the name, quantity, type, and condition of the contraband items, means of transportation, licenses, and certificates that are temporarily detained;

c) Within twenty-four hours from the time of issuing the notice, the person who issued the notice must report to the person authorized to conduct the temporary detention about the contraband items, means of transportation, licenses, and certificates that have been temporarily detained to consider issuing a temporary detention decision; the temporary detention decision must be handed over to the violator or the representative of the violating organization with one copy;

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

đ) In the case where the evidence is perishable goods, the person temporarily holding them must immediately report to their direct superior for handling; if damage or loss occurs, they must compensate according to the provisions of the law.

đ) Add points c and d after point b of Clause 5a as follows:

“c) Extra-long and extra-heavy goods as prescribed by law;

d) Other goods that cannot be sealed according to the provisions of the law.”

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

a) Amending and supplementing Clause 1 as follows:

“1. The person issuing the decision to temporarily hold shall handle the evidence and administrative violation vehicles, licenses, and certificates of practice that have been temporarily held according to the measures recorded in the penalty decision or return them to individuals or organizations if the confiscation form of punishment is not applied to the evidence and vehicles that have been temporarily held, or revoke the right to use licenses and certificates of practice.

For evidence and vehicles that are currently being temporarily held due to being stolen or illegally used to commit administrative violations and are subject to confiscation, they shall be returned to the owner, manager, or lawful user; the violator individual or organization must pay an amount of money equivalent to the value of the evidence and vehicles that violate administrative regulations into the state budget. If the owner, manager, or lawful user has intentionally committed an error in allowing the violator to use the evidence and vehicles that violate administrative regulations as stipulated in Article 26 of this Law, then those items will be confiscated and incorporated into the state budget.

For evidence and vehicles that are subject to confiscation but have registered security measures as collateral assets according to the provisions of civil law, the collateral recipient may receive the evidence and vehicles or an equivalent value corresponding to the secured obligation; the violator individual or organization must pay an amount of money equivalent to the value of the evidence and vehicles that violate administrative regulations into the state budget.

For evidence and vehicles that are temporarily held as collateral assets for bad debts, after the temporary holding period ends as prescribed and do not fall under the application of the confiscation form of punishment, the person issuing the temporary holding decision shall return the evidence and vehicles upon request of the collateral recipient, which is a credit institution, foreign bank branch, or organization buying and disposing of debts.”

b) Add point c after point b of Clause 4 of Article 126 as follows:

“c) After the second notification period specified in point b of this clause, the authorized person issuing the decision to temporarily hold: handles according to the provisions of point đ of Clause 4 of Article 125 of this Law in the case where the evidence and vehicles that violate administrative regulations have the potential to be damaged or deteriorate in quality during management and preservation; handles according to the provisions of Clause 5 of this Article in the case where the evidence and vehicles that violate administrative regulations pose a risk of causing fires, explosions, environmental pollution, or affecting public health during management and preservation.

The proceeds from selling the evidence and vehicles must be deposited into a temporary holding account opened at the State Treasury. If the violator, owner, manager, or lawful user of the evidence and vehicles does not come to collect within the time limit specified in point b of this clause, the proceeds must be paid into the state budget.

Handling the evidence and vehicles that violate administrative regulations in cases where the violator, owner, manager, or lawful user cannot be identified shall be carried out according to the provisions of the Government.”

27. Add the phrase "the authorized person drafting the administrative violation record or" after the phrase "in necessary cases" in Clause 1 of Article 59.

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

a) Replace the term "commune, ward, town" with "commune, ward, special economic zone" in Clause 3 of Article 2; point a of Clause 2 of Article 6; the name of Article 89; Clauses 1 and 2 of Article 89; the name of Article 90; Clause 7 of Article 90; Clauses 3 and 4 of Article 92; point b of Clause 1 of Article 94; the name of Article 97; Clauses 1, 2, and 3 of Article 97; the name of Article 98; Clauses 1, 2, 3, 4, and 5 of Article 98; Clause 1 of Article 105; Clause 1 of Article 108; the name of Article 109; the name of Clause 1 of Article 109; points a and c of Clause 1, Clause 3 of Article 109; Clause 1 of Article 114; Article 117; point a of Clause 6 of Article 131; Clause 1 of Article 136;

b) Replace the phrase "lastly committing the violation act" with the phrase "committing the act" in point d of Clause 2 of Article 6;

c) Replace the phrase "Forms of punishment and principles of application" with the phrase "Principles for defining forms of punishment" in the name of Article 21;

d) Replace the phrase "03 days" with the phrase "05 working days" in Clause 2 and Clause 3 of Article 62;

đ) Replace the phrase "from the date of the decision not to initiate criminal proceedings" with the phrase "from the date the decision not to initiate criminal proceedings takes effect" in Clause 3 of Article 62;

e) Replace the phrase "health care facilities at the district level" with the phrase "basic-level health care facilities" in point b of Clause 1 of Article 76, point b of Clause 2 and point b of Clause 4 of Article 77;

g) Replace the phrase "health care facilities from the district level" with the phrase "health care facilities from the basic level" in point b of Clause 5 of Article 92, point d of Clause 2 of Article 94, point b of Clause 2 of Article 96, point a of Clause 1, point a and point c of Clause 2 of Article 111;

h) Replace the phrase "Head of the Police Department of the district where the compulsory drug rehabilitation facility is located" with the phrase "Head of the Police Department of the commune with authority" in Clause 3 of Article 118;

i) Replace the phrase "temporarily deposit" with the phrase "temporarily hold" in Clause 3 of Article 126;

k) Replace the phrase "Chairman of the People's Committee of the district" with the phrase "Chairman of the People's Committee of the commune where the individual resides" in Clause 2 of Article 129;

l) Replace the phrase "People's Committee of the commune" with the phrase "police station of the commune" in Clause 1 of Article 113, point b of Clause 2 of Article 131;

m) Replace the phrase "Police Department of the district where the file was established" with the phrase "police station of the commune where the file was established" in Clause 3 of Article 132;

n) Replace the phrase "People's Court of the district" with the phrase "People's Court of the area" in Clause 2 of Article 105, Clause 3 of Article 112, Clause 3 of Article 132;

o) Replace the phrase "Director of Compulsory Drug Rehabilitation Center" with the phrase "Head of Compulsory Drug Rehabilitation Center" in Clause 3, Article 112, Clause 2, Article 114, Clause 1, Article 115, Article 117, Clause 3, Article 118, and Clause 2, Article 132.

29. Delete the phrases at some Points, Clauses, and Articles as follows:

a) Delete the phrase "under the central level" in Clause 1 and Clause 3, Article 23, Point a, Clause 2, Article 131, and Clause 5, Article 122;

b) Delete the phrase "section 1" in Clause 1, Article 57;

c) Delete the phrase "police force at the district level or" in Clause 2, Article 97;

d) Delete the phrase "or the police force at the same level when the provincial police force prepares the file for proposal" in Article 107;

đ) Delete the phrase "at the district level" in Clause 3, Article 111, Clause 2, Article 113, Clause 2, Article 114, and Clause 1, Article 132;

e) Delete the phrase "at the same level" in Clause 3, Article 113;

30. Repeal Articles 38, 39, 40, 41, 42, 43, 43a, 44, 45, 45a, 46, 47, 48, 48a, 49, 51, and Clause 2, Article 71.

Article 2. Effective Date

1. This Law shall take effect from July 1, 2025.

2. The authority to impose administrative penalties shall be implemented according to the Government's Decree on administrative penalty regulations in various fields of state management and the Government's Decree detailing the Administrative Violation Handling Law regarding the authority to impose administrative penalties until such time as new regulations by the Government replace them, except for the provisions stipulated in Clause 3, Article 3 of this Law.

3. The provisions in Point 8 of Resolution No. 190/2025/QH15 dated February 19, 2025 of the National Assembly, 15th term, concerning the handling of certain issues related to the reorganization of state organizational structures shall cease to be effective from the date this Law takes effect.

Article 3. Transitional Provisions

From the date this Law takes effect:

1. In cases where an administrative violation has been discovered and is currently under examination and processing, and the authority in charge of the case ceases its operations, then the authority that assumes the functions and tasks in the relevant area will continue to process the case or transfer it to the competent authority for handling in accordance with the law.

2. In cases where an administrative violation has already been penalized, the organization and enforcement of the penalty decision, compulsory enforcement, correction, amendment, supplementation, revocation, issuance of a new decision in administrative penalty proceedings will be continued by the authority that assumes the functions and tasks in the relevant area or transferred to the competent authority in accordance with the law.

3. The Chairman of the People's Committee at the commune level shall exercise the authority in imposing administrative penalties of the Chairman of the People's Committee at the district level, and the Head of the Police Station at the commune level shall exercise the authority in imposing administrative penalties of the Head of the Police Station at the district level in accordance with the Government's Decree on administrative penalties in various fields of state management until such time as new regulations by the Government replace them or the Government's Decree detailing the Administrative Violation Handling Law regarding the authority to impose administrative penalties becomes effective.

This Law adopted by the National Assembly of the Socialist Republic of Vietnam, 15th term, 9th session, on June 25, 2025.