Decree No. 93/2025/NĐ-CP Amending and supplementing certain articles of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Administrative Offense Handling Law.

DECREE

Amending and supplementing certain Articles of Decree No. 19/2020/NĐ-CPdated February 12, 2020 of the Government on Inspection and Disciplinary Handlingin the Implementation of Laws on Administrative Offense Handling

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

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012; Law amending and supplementing certain Articles of the Law on Administrative Offense Handling dated November 13, 2020;

Pursuant to the Civil Servants Law dated November 13, 2008; Law amending and supplementing certain Articles of the Civil Servants Law and the Public Officer Law dated November 25, 2019;

Pursuant to the Civil Servant Law dated November 15, 2010;

At the proposal of the Minister of Justice;

The Government promulgates this Decree amending and supplementing certain Articles of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government for on Inspection and Disciplinary Handling in the Implementation of Laws on Administrative Offense Handling.

Article 1. Amending and supplementing certain Articles of Decree No. 19/2020/NĐ-CP dated February 12, 2020 of the Government on Inspection and Disciplinary Handling in the Implementation of Laws on Administrative Offense Handling

1. Amend and supplement Article 6 as follows:

"Article 6. Inspection Authority

1. The Minister of Justice shall inspect the implementation of laws on administrative offense handling by ministries, ministerial-level agencies, People's Committees at all levels, and agencies managing persons with authority to handle administrative offenses.

2. The Minister shall inspect the implementation of laws on administrative offense handling within the scope of their sectoral and field management. The Governor of the State Bank of Vietnam shall inspect the implementation of laws on administrative offense handling within the scope assigned to organize and implement.

3. The Chairman of People's Committees at all levels inspects the implementation of laws on administrative violations within their respective areas of management, except for agencies organized under a vertical system located within their area.

4. The Director of the Government Cryptographic Agency inspects the implementation of laws on administrative violations by subordinate agencies and units.

5. Heads of central agencies organized under vertical systems managing persons with authority to handle administrative offenses, including: People's Public Security; Border Guard; Coast Guard; Customs; Taxation; Civil Execution Management Agencies; National Treasury; State Bank; Central Statistical Organization System; Social Insurance of Vietnam, and other central agencies organized under vertical systems as prescribed by law, shall inspect the implementation of laws on administrative offense handling for subordinate agencies and units.

6. For cases with complex nature and inter-sectoral characteristics nationwide, the Minister of Justice shall report to the Prime Minister for consideration and decision on the agency responsible for organizing the inspection.".

2. Amending and supplementing Clause 1 and Clause 2 of Article 8 as follows:

a) Amend and supplement Clause 1 as follows:

"1. An inspection team shall be established to carry out inspections according to the decision of the competent authority. The authority to establish an inspection team shall be implemented as follows:

a) The Minister of Justice, the Chairperson of People's Committees at all levels shall establish inter-sectoral inspection teams and inspection teams for the implementation of laws on administrative violation handling;

b) The competent authority to inspect as stipulated in Clauses 2, 4, and 5 of Article 6 of this Decree shall establish an inspection team for the implementation of laws on administrative offense handling within their scope and field of management, and an inter-sectoral inspection team as directed by the Prime Minister as stipulated in Clause 6 of Article 6 of this Decree.";

b) Amend and supplement Clause 2 as follows:

"2. Members of the inspection team include: Team Leader, Deputy Team Leader (if necessary), and other members. The composition and number of members of the inspection team shall be decided by the person issuing the inspection decision in accordance with actual circumstances.".

3. Amending and supplementing Point c Clause 3 of Article 11 as follows:

"c) Organizing work to disseminate, train, enhance, and guide the implementation of laws on administrative offense handling within the scope of authority;".

4. Amending and supplementing Clause 2 and adding Clause 5 after Clause 4 of Article 12 as follows:

a) Amend and supplement Clause 2 as follows:

"2. Authority to issue inspection plans:

a) The Minister, Head of a ministerial-level agency shall draft inspection plans within their sectoral and field management scope and inspection plans in cases as directed by the Prime Minister as stipulated in Clauses 1 and 2 of Article 6 of this Decree;

b) Chairpersons of People's Committees at all levels establish inspection plans within their respective areas of management;

c) The Head of an agency or unit managing persons with authority to impose administrative penalties shall draft inspection plans within their sectoral and field management scope.";

b) Supplement clause 5 after clause 4 as follows:

"5. Inspection plans for the implementation of laws on administrative offense handling by the Minister, Head of a ministerial-level agency, President of the Supreme People's Court, and Chairman of the Provincial People's Committee shall be sent to the Ministry of Justice within ten days from the date of issuance for monitoring, coordination, and organization of implementation.".

5. Amending and supplementing Clauses 1, 2, and 3 of Article 13 as follows:

a) Amend and supplement Clause 1 as follows:

"1. Based on the inspection plan and inspection basis stipulated in Article 5 of this Decree, the competent authority stipulated in Article 6 of this Decree shall consider and issue an inspection decision.";

b) Amend and supplement Clause 2 as follows:

"2. The inspection decision shall include the following basic contents:

a) Basis for issuing the decision;
b) Inspection subjects;
c) Inspection period;
d) Full name, position of the team leader, deputy team leader (if any), and members; powers and responsibilities of the inspection team;
đ) Name, position of the person issuing the inspection decision.";

c) Amending and supplementing Clause 3 as follows:

"3. The inspection period specified in Point c Clause 2 of this Article shall not exceed fifteen days; if necessary, the competent authority for inspection may extend it by no more than ten days. The inspection period is the time the inspection team works directly with the inspected entity.

The Minister of Justice shall provide detailed regulations on this matter.".

6. Amending and supplementing Clause 2 of Article 14 as follows:

"2. The inspection must be recorded in a record to serve as the basis for issuing the inspection conclusion. The inspection record must include the following basic contents:

a) Date of recording the record;
b) Full name, position of the Head of the inspection team or member of the inspection team assigned to record the inspection;
c) Full name of the individual being inspected; full name, position of the representative of the agency or unit being inspected;
d) Inspection contents;
đ) Collected and provided information and documents;
e) Opinions of the inspection subjects and related agencies or units;
g) Inspection results;
h) Signature of the Team Leader or a member of the inspection team designated and the individual or representative of the inspected entity." .

7. Amending and supplementing Clauses 1, 2, 3, 5, and 6 of Article 15 as follows:

a) Amend and supplement Clause 1 as follows:

"1. Within one month from the end of the inspection period, the inspection team shall draft the inspection conclusion and send it to the inspected entity for comments on the contents of the draft inspection conclusion. In case the draft inspection conclusion is complex and has a wide scope, it can be extended but not exceeding two months from the end of the inspection period.";

b) Amend and supplement Clause 2 as follows:

"2. Within fifteen days from receiving the draft inspection conclusion, the inspected entity shall send written comments on the contents of the draft inspection conclusion back to the inspection team. In case the draft inspection conclusion is complex and has a wide scope, it can be extended but not exceeding thirty days from receiving the draft inspection conclusion and must notify the inspection team in writing about the extension."

c) Amending and supplementing Clause 3 as follows:

"3. Within a period not exceeding one month from the date of receipt of the written comments of the inspected entity on the contents of the draft inspection conclusion, or within three working days from the expiration of the time limit prescribed in Clause 2 of this Article if the Inspection Team does not receive the written comments of the inspected entity on the contents of the draft inspection conclusion, the Head of the Inspection Team shall submit to the competent authority for issuance of the inspection conclusion.

The Head of the Inspection Team shall sign to issue the inspection conclusion where authorized by the competent authority for inspection.

d) Amend and supplement Clause 5 as follows:

"5. The inspection conclusion must include the following basic contents: Achievements; existing issues, limitations and their causes; clearly identify violations and the responsibility of the agencies, organizations, and individuals who have committed violations; recommendations for handling violations and considering and handling responsibilities of the agencies, organizations, and individuals who have committed violations; the deadline for notifying the results of implementing the inspection conclusion."

đ) Sửa đổi, bổ sung khoản 6 như sau:

"6. In case of discovering regulatory documents on administrative violation handling or other related regulatory documents containing illegal content, inconsistent with higher-ranking valid regulatory documents; conflicting, overlapping, or unfeasible, no longer suitable for economic and social conditions, the Inspection Team shall recommend the issuing agency to conduct inspections, reviews, and handle such documents according to regulations."

8. Sửa đổi, bổ sung đoạn mở đầu của khoản 1 và điểm a khoản 1 Điều 17 như sau:

a) Sửa đổi, bổ sung đoạn mở đầu khoản 1 như sau:

"1. Immediately upon receiving the inspection conclusion, the inspected entity and relevant agencies, organizations, and individuals shall be responsible for:"

b) Sửa đổi, bổ sung điểm a khoản 1 như sau:

"a) Organizing the implementation of the contents recommended in the inspection conclusion;"

9. Sửa đổi, bổ sung khoản 1 Điều 18 như sau:

"1. The inspected entity shall be responsible for reporting on the implementation of the inspection conclusion within two months from the date of receipt of the inspection conclusion or when requested by the authority issuing the inspection conclusion."

10. Sửa đổi, bổ sung Điều 20 như sau:

"Article 20. Supervision and Urging the Implementation of Inspection Conclusions

1. The competent authority for inspection as stipulated in Article 6 of this Decree shall be responsible for supervising and urging the implementation of inspection conclusions by the inspected entities.
2. Such supervision and urging activities shall be conducted through requesting the inspected entities to report on the implementation of the inspection conclusions and providing supporting documents. Where necessary, the competent authority for inspection may send urging letters or directly work with the inspected entities.
3. Based on the results of supervision and urging the implementation of inspection conclusions, the competent authority for inspection as stipulated in Article 6 of this Decree shall conduct inspections on the implementation of inspection conclusions in accordance with Article 21 of this Decree."

11. Sửa đổi, bổ sung khoản 6 Điều 21 như sau:

"6. The competent authority for inspection shall notify in writing the results and handling of the inspection of the implementation of inspection conclusions to the inspected entity within ten days from the completion of the tasks specified in Clause 5 of this Article."

12. Sửa đổi, bổ sung Điều 22 như sau:

"Article 22. Violations in Implementing Laws on Administrative Violation Handling

1. Retaining a case with signs of criminal offenses for administrative offense handling.
2. Forgery, distortion of administrative offense penalty files, administrative measures application files.
3. Misusing position and authority to harass, demand, receive money or assets from violators; tolerating, shielding, restricting the rights of violators during administrative offense handling.
4. Illegally interfering in administrative offense handling.
5. Not drafting an administrative offense violation record when discovering an administrative offense act as prescribed by law.
6. Drafting an administrative offense violation record beyond authority, not corresponding to the administrative offense act, or not corresponding to the administrative offense violator.
7. Violating the time limit for drafting an administrative offense violation record or violating the time limit for issuing an administrative offense penalty decision.
8. Not issuing an administrative penalty decision, not applying administrative measures against violators as prescribed by law, or not confiscating contraband items, means of transportation involved in administrative violations, or not applying remedial measures as prescribed in Clause 2 of Article 65 of the Law on Administrative Violation Handling.
9. Imposing administrative penalties, applying remedial measures, or applying administrative measures beyond authority, procedures (except cases being reviewed for handling violations as stipulated in Clauses 5, 6, 7, 8, and 10 of this Article), not in accordance with the prescribed objects, or imposing incorrect, incomplete forms of penalties, levels of penalties, remedial measures for administrative violations, or not imposing forms of penalties, remedial measures for administrative violations.
10. Incorrectly identifying the administrative offense act when issuing an administrative offense penalty decision, except for cases being examined for acts of violation stipulated in Clause 9 of this Article.
11. Extending the duration of applying administrative measures.
12. Not amending, supplementing, revoking, or issuing new decisions in administrative penalty cases or not promptly amending, supplementing, revoking, or issuing new decisions in administrative penalty cases upon discovering errors or violations.
13. Not supervising, urging, inspecting, organizing the enforcement of administrative penalty decisions, confiscation decisions of contraband items, means of transportation involved in administrative violations, remedial measure application decisions as prescribed; not organizing coercive enforcement of administrative penalty decisions, remedial measure application decisions as prescribed.
14. Using funds collected from administrative offense penalties illegally.
15. Not providing or providing inaccurate, incomplete, untruthful information, documents related to the content of inspections on the implementation of laws on administrative offense handling.
16. Obstructing, hindering persons performing inspection duties, threatening, intimidating information providers, material suppliers to the inspection team, causing difficulties for the inspection activities on the implementation of laws on administrative violation handling.
17. Illegally interfering in inspection activities on the implementation of laws on administrative offense handling.
18. Providing, disclosing information, documents, files of inspected entities to organizations and individuals without authority or responsibility.
19. Not implementing or implementing inadequately, inaccurately inspection conclusions on the implementation of laws on administrative offense handling.
20. Neglecting responsibilities in directing the implementation of inspection conclusions on the implementation of laws on administrative violation handling."

13. Sửa đổi, bổ sung Điều 23 như sau:

"Article 23. Application of Disciplinary Measures for Civil Servants, Public Officials, and Employees

1. Principles, authority, procedures, severity of violations, and other related contents concerning disciplinary measures for civil servants, public officials, and employees who commit violations in implementing laws on administrative violation handling shall be carried out in accordance with the provisions of laws on disciplinary measures for civil servants, public officials, and employees.
2. Civil servants, public officials who commit violations and have an attitude of accepting, correcting, and proactively remedying consequences may be considered for mitigation when applying disciplinary measures.
3. Cases that may be considered for exemption from disciplinary responsibility include:
a) Cases prescribed in the Government's Decree on disciplinary measures for civil servants, public officials;
b) Violations of civil servants, public officials arising from the fault of the administrative offense violator;
c) The person issuing the decision in administrative violation handling self-inspects, discovers errors, and has implemented corrective actions as prescribed without causing consequences."

14. Amend and supplement Article 24 as follows:

"Article 24. Reprimand

1. The form of reprimand disciplinary measure shall be applied to civil servants who violate for the first time and cause less serious consequences in one of the following cases:
a) Violating the provisions of Clauses 1, 3, 6, 7, 9, 10, 13, 14, 15, 18, and 20 of Article 22 of this Decree;
b) Not promptly amending, supplementing, revoking, or issuing new decisions in administrative penalty cases upon discovering errors or violations;
c) Not fully and accurately implementing the conclusions of inspections on the implementation of laws on administrative offenses.
2. The form of reprimand disciplinary measure shall be applied to public officials who violate for the first time and cause less serious consequences in one of the following cases:
a) Violating the provisions of Clauses 3, 6, 14, 15, 18, and 20 of Article 22 of this Decree;
b) Violating the deadline for establishing the administrative violation record."

15. Amend and supplement Article 25 as follows:

"Article 25. Warning

1. The form of warning disciplinary measure shall be applied to civil servants who violate in one of the following cases:
a) Having been disciplined with a reprimand under one of the cases stipulated in Clause 1 of Article 24 of this Decree and committing a repeat offense;
b) Committing a first-time violation causing serious consequences under one of the cases stipulated in Clause 1 of Article 24 of this Decree;
c) Violating the provisions set out in Clauses 2, 4, 5, 8, 11, 16, and 17 of Article 22 of this Decree;
d) Failing to amend, supplement, revoke, or issue new decisions in administrative penalties;
đ) Failing to implement the conclusions of inspections on the implementation of laws on administrative offenses.
2. The form of warning disciplinary measure shall be applied to public officials who violate in one of the following cases:
a) Having been disciplined with a reprimand under one of the cases stipulated in Clause 2 of Article 24 of this Decree and committing a repeat offense;
b) Committing a first-time violation causing serious or very serious consequences under one of the cases stipulated in Clause 2 of Article 24 of this Decree;
c) Violating the provisions of point c or point đ Clause 1 of this Article;
d) Not establishing the administrative violation record when discovering an administrative violation as prescribed by law."

16. Amend and supplement Article 26 as follows:

"Article 26. Demotion in pay grade

The form of reduction in pay grade disciplinary measure shall be applied to non-leadership or management civil servants who violate in one of the following cases:
1. Having been disciplined with a warning under one of the cases stipulated in Clause 1 of Article 25 of this Decree and committing a repeat offense;
2. Committing a first-time violation under one of the cases stipulated in Clause 1 of Article 24 of this Decree, causing very serious consequences."

17. Amend and supplement Article 27 as follows:

"Article 27. Demotion in rank

The form of disciplinary action of demotion shall be applied to civil servants holding leadership or management positions who violate regulations in one of the following cases:
1. Having been disciplined with a warning under the provisions of Clause 1 of Article 25 of this Decree and committing a repeat offense;"
2. Committing a first-time violation under one of the cases stipulated in Clause 1 of Article 24 of this Decree, causing very serious consequences."

18. Amend and supplement Article 28 as follows:

"Article 28. Dismissal from post

1. The disciplinary measure of dismissal from post shall be applied to officials who have been disciplined with a warning under one of the cases stipulated in Clause 1 of Article 25 of this Decree and committing a repeat offense.
2. The form of disciplinary action of dismissal shall be applied to civil servants holding leadership or management positions who violate regulations in one of the following cases:
a) Having been disciplined with a demotion in rank under one of the cases stipulated in Article 27 of this Decree and committing a repeat offense;
b) Committing a first-time violation causing particularly serious consequences under one of the acts stipulated in Clause 1 of Article 24 of this Decree but not reaching the level of compulsory termination of employment, the violator showing a receptive attitude, making corrections, taking proactive measures to rectify the consequences, and having many mitigating circumstances.
3. The form of disciplinary action of dismissal shall be applied to managerial staff who violate regulations in one of the following cases:
a) Having been disciplined with a warning under one of the cases stipulated in Clause 2 of Article 25 of this Decree and committing a repeat offense;
b) Committing a first-time violation under one of the cases stipulated in Clause 2 of Article 24 of this Decree, causing very serious consequences."

19. Amend and supplement Article 29 as follows:

"Article 29. Compulsory Termination of Employment

1. The form of disciplinary action of compulsory termination of employment shall be applied to civil servants who violate regulations in one of the following cases:
a) Having been disciplined with a demotion in pay grade under one of the cases stipulated in Article 26 of this Decree and committing a repeat offense;
b) Committing a first-time violation causing particularly serious consequences under one of the cases stipulated in Clause 1 of Article 24 of this Decree.
2. The form of disciplinary action of compulsory termination of employment shall be applied to civil servants holding leadership or management positions who violate regulations in one of the following cases:
a) Having been disciplined with a dismissal from post under one of the cases stipulated in Clause 2 of Article 28 of this Decree and committing a repeat offense;
b) Committing a first-time violation causing particularly serious consequences under one of the cases stipulated in Clause 1 of Article 24 of this Decree.
3. The form of disciplinary action of compulsory termination of employment shall be applied to non-managerial staff who violate regulations in one of the following cases:
a) Having been disciplined with a warning under one of the cases stipulated in Clause 2 of Article 25 of this Decree and committing a repeat offense;
b) Committing a first-time violation causing particularly serious consequences under one of the cases stipulated in Clause 2 of Article 24 of this Decree;
4. The form of disciplinary action of compulsory termination of employment shall be applied to managerial staff who violate regulations in one of the following cases:
a) Having been disciplined with a dismissal from post under one of the cases stipulated in Clause 3 of Article 28 of this Decree and committing a repeat offense;
b) Committing a first-time violation causing particularly serious consequences under one of the cases stipulated in Clause 2 of Article 24 of this Decree."

20. Add Article 29a after Article 29 as follows:

"Article 29a. Removal

The disciplinary measure of removal shall be applied to officials falling under one of the cases specified in point b, Clause 2, Article 29 of this Decree.

Article 2. Repeal Article 19 of Government Decree No. 19/2020/NĐ-CP dated February 12, 2020 on inspection and disciplinary action in the implementation of laws on administrative violations.

This Circular takes effect from December 25, 2025/.

The Minister, Heads of ministerial-level agencies, Chairpersons of provincial People's Committees under central cities, and related agencies shall be responsible for organizing the implementation of this Decree.

Article 4. Implementation provisions

This Decree takes effect from June 15, 2025.