Decree 98/2026/NĐ-CP Regulating Administrative Sanctions for Violations in the Field of Social Assistance and Child Welfare

 

 

year 2026

DECREE

Regulating administrative penalties in the field of social protection, social assistance and children

 

BASED ON THE CONSTITUTION OF THE GOVERNMENT ORGANIZATION LAW NO. 63/2025/QH15; BASED ON THE ADMINISTRATIVE VIOLATION PUNISHMENT LAW NO. 15/2012/QH13, AS AMENDED AND ENHANCED BY LAWS NO. 54/2014/QH13, NO. 67/2020/QH14, NO. 56/2024/QH15, AND NO. 88/2025/QH15;

BASED ON THE CHILDREN'S LAW NO. 102/2016/QH13, AS AMENDED AND ENHANCED BY LAWS NO. 28/2018/QH14, NO. 59/2024/QH15, AND NO. 81/2025/QH15; BASED ON THE ELDERLY LAW NO. 39/2009/QH12, AS AMENDED AND ENHANCED BY LAWS NO. 41/2024/QH15; BASED ON THE DISABILITY LAW NO. 51/2010/QH12, AS AMENDED AND ENHANCED BY LAWS NO. 32/2013/QH13;

BASED ON THE PREVENTION AND SUPPRESSION OF HUMAN TRAFFICKING LAW NO. 53/2024/QH15;

IN ACCORDANCE WITH THE PROPOSAL OF THE MINISTER OF HEALTH;

THE GOVERNMENT ISSUES THIS DECREE TO REGULATE ADMINISTRATIVE PENALTIES IN THE FIELD OF SOCIAL PROTECTION, SOCIAL ASSISTANCE AND CHILDREN.

CHAPTER I GENERAL PROVISIONSARTICLE 1. SCOPE OF APPLICATION

1. This Decree regulates administrative violations; forms of penalties, penalty levels, and measures to mitigate consequences for each administrative violation; the subjects subject to penalties; specific fine amounts according to different positions and authorities responsible for recording violations; enforcement of penalty forms and mitigation measures in the field of social protection, social assistance, and children.

2. Administrative violations in the fields of social protection, social assistance, and children not specified in this Decree shall be governed by provisions on administrative penalties in related areas of state management.

 

ARTICLE 2. APPLICABLE SUBJECTS

1. Individuals and organizations within Vietnam; individuals and organizations from foreign countries who commit administrative violations in the fields of social protection, social assistance, and children within the territory, territorial waters, contiguous zone, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam; on aircraft registered to Vietnam, ships flying the flag of Vietnam, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise, including:

a) Individuals who commit administrative violations;

b) Organizations that commit administrative violations as legal persons under civil law or other organizations established in accordance with the law, including: various types of social assistance facilities, elderly care facilities, disability care facilities, support facilities for victims, child protection service facilities; religious institutions; payment service organizations; political and professional social organizations, social organizations, and professional social organizations; enterprises, cooperatives, production and business establishments; cultural, entertainment, sports facilities; medical facilities; educational facilities; vocational education facilities, and other organizations.

2. Persons authorized to record administrative violation reports.

3. Persons with authority to impose penalties for administrative violations.

4. Authorities, organizations, or individuals involved in the enforcement of administrative penalties as provided in this Decree.

b) The organization that has committed an administrative offense is a legal person as defined by civil law or other organizations established in accordance with the provisions of the law, including: social assistance institutions, elderly care facilities, disability care facilities, victim support facilities, child protection service providers; religious institutions; payment service organizations; political-social professional organizations, social organizations, and professional-social organizations; enterprises, cooperatives, production and business establishments; cultural, entertainment, leisure, and sports facilities; medical treatment facilities; educational institutions; vocational education institutions, and other organizations.

2. The person authorized to prepare an administrative offense record.

3. The person authorized to impose penalties for administrative offenses.

4. The agency, organization, or individual related to the imposition of penalties for administrative offenses as provided in this Decree.

Article 3. Time Limit for Administrative Penalty Proceedings

1. The time limit for administrative penalty proceedings in the field of social protection and assistance and children is one year.

2. Determining when an administrative offense has ceased, or when an ongoing administrative offense should be taken into account for the purpose of calculating the time limit for administrative penalties shall be carried out in accordance with the provisions of Clause 1, Article 8 of Decree No. 118/2021/NĐ-CP dated December 23, 2021 by the Government, which provides detailed regulations on certain articles and enforcement measures of the Law on Handling Administrative Offenses as amended and supplemented by Decree No. 68/2025/NĐ-CP and Decree No. 190/2025/NĐ-CP.

Article 4. Implementation of Administrative Penalty Measures

1. The implementation of administrative penalty decisions in the field of social protection, assistance and children shall be carried out in accordance with the Law on Handling Administrative Offenses No. 15/2012/QH13 as amended by Laws Nos. 54/2014/QH13, 67/2020/QH14, 56/2024/QH15 and 88/2025/QH15 (hereinafter referred to collectively as the Law on Handling Administrative Offenses) and relevant implementing regulations.

2. The implementation of administrative penalties in the field of social protection, assistance and children in an electronic environment shall be carried out in accordance with the provisions of Chapter IIIa of Decree No. 118/2021/NĐ-CP as amended by Decrees Nos. 68/2025/NĐ-CP and 190/2025/NĐ-CP.

3. In the course of examining, handling a violation, or in the implementation of an administrative penalty decision for violations specified in Clause 2, Articles 8, 9, 11; Clause 1, Article 12; paragraph 2, Article 19; paragraph 2, Article 20; paragraph 2, Article 22; paragraph 1, Article 23; paragraph 2, Article 24; paragraph 1, Article 25; paragraph 1, Article 29; paragraph 1, Article 33; paragraph 1, Article 36; paragraphs a and b of the first paragraph, Article 37 of this Decree, if it is found that the violation has criminal characteristics, the competent authority handling the case or the decision-maker of the administrative penalty shall immediately transfer the case file to the competent authority for criminal proceedings for processing in accordance with the provisions of Article 62 of the Law on Handling Administrative Offenses. In the event that the competent authority for criminal proceedings does not pursue criminal responsibility, then the case file shall be transferred to the competent authority for administrative penalties as provided in paragraph 3 of Article 62 of the Law on Handling Administrative Offenses for processing according to the provisions of this Decree.

Article 5. Forms of Penalties and Remedial Measures; Implementation of Administrative Penalty Measures, Remedial Measures

1. Main forms of penalty:

a) Warning;

b) Fine.

2. Supplementary forms of penalty:

a) Confiscation of contraband items;

b) Suspension of business activities related to the violation for a period from one month to three months;

c) Suspension of operations for a period from three months to six months.

3. Remedial measures:

a) Remedial measures as provided in points a, d, e and i of paragraph 1, Article 28 of the Law on Handling Administrative Offenses;

b) Compel cessation of care and nurturing;

c) Compel recovery, deletion or removal of information, images, files of victims of human trafficking, persons who are in the process of being determined as victims;

d) Compel apology when requested;

e) Compel restitution of illegally collected funds;

f) Compel full reimbursement of medical expenses;

h) Compel timely implementation of safety measures;

i) Compel repayment of relief goods provided as a result of the violation;

j) Compel return of disability certification;

k) Compel full implementation of responsibilities of committees or compel full application of methods for determining the degree of disability, re-determination of the degree of disability;

l) Compel determination and re-determination of the degree of disability;

m) Compel provision of books, stationery, learning materials to children;

n) Compel supplementation of sufficient programs, curricula, and teaching staff for people with disabilities in accordance with vocational education requirements;

o) Compel issuance of certificates and diplomas;

p) Compel recovery and destruction of products, publications, toys, printed materials, and electronic publications;

q) Compel removal of content or services harmful to children; removal of fake or distorted services that infringe on the lawful rights and interests of children in cyberspace;

r) Compel recovery, deletion, or removal of personal privacy information of children.

4. The implementation of penalty measures and remedial actions as provided for in this Decree shall be carried out in accordance with the provisions of Subsection 2 and Subsection 3, Chapter III of the Law on Handling Administrative Offenses, Articles 17a, 18, 19, 20, 21, 22, 23, and Article 41 of Decree No. 118/2021/NĐ-CP as amended by Decrees Nos. 68/2025/NĐ-CP and 190/2025/NĐ-CP.

t) Order the relocation of service facilities, production facilities, storage facilities for hazardous goods, facilities posing a direct risk of fire or explosion, child protection service providers, educational institutions, healthcare facilities, cultural venues, and children's play and entertainment points;

u) Order the demolition of structures and equipment;

v) Order the timely implementation of safety measures;

x) Order the removal of harmful information and services for children; remove fake and distorted services that infringe upon the lawful rights and interests of children on the internet;

y) Order the recovery, deletion, or removal of personal privacy and confidential life information of children.

4. The enforcement of penalty forms and remedial measures provided in this Decree shall be carried out in accordance with the provisions of Section 2 and Section 3 of Chapter III of the Law on Handling Administrative Offenses, Articles 17a, 18, 19, 20, 21, 22, 23, and Article 41 of Decree No. 118/2021/NĐ-CP, as amended by Decree No. 68/2025/NĐ-CP and Decree No. 190/2025/NĐ-CP.

Article 6. Fines and Authority to Impose Fines

1. The maximum fine in the field of social protection, social assistance, and children for an individual is 50,000,000 Vietnamese dong, and for a legal entity is 100,000,000 Vietnamese dong.

2. The fines prescribed in Chapter II of this Decree are applicable to administrative violations by individuals except Articles 10, 11, 14, 15, 16, 34, paragraph 1 and paragraph 2 of Article 35, and paragraph 2 of Article 37 of this Decree. For the same administrative violation, the fine for a legal entity is twice that of an individual.

3. The authority to impose penalties for administrative violations as provided in Articles 39, 40, 41, 42, 43, 44, and 45 of this Decree is applicable to the administrative violation of an individual; in cases where a fine is imposed, the authority to impose penalties on a legal entity for the same violation is twice that of the individual.

Chapter II VIOLATIONS OF ADMINISTRATIVE REGULATIONS, FORMS OF PENALTIES, FINE AMOUNTS AND MEASURES TO MITIGATE THE EFFECTS OF ADMINISTRATIVE VIOLATIONS

Section 1 VIOLATIONS OF ADMINISTRATIVE REGULATIONS, FORMS OF PENALTIES, FINE AMOUNTS AND MEASURES TO MITIGATE THE EFFECTS OF ADMINISTRATIVE VIOLATIONS IN THE FIELD OF SOCIAL PROTECTION, SOCIAL ASSISTANCE

Article 7. Violation of regulations on the application of social assistance policies, old-age social allowance, and support for victims of human trafficking

1. A fine from 500,000 Vietnamese dong to 1,000,000 Vietnamese dong shall be imposed on an individual who engages in fraud or deceit to receive emergency social assistance but does not reach the level of criminal prosecution.

2. A fine from 1,000,000 Vietnamese dong to 3,000,000 Vietnamese dong shall be imposed on an individual who engages in fraud or deceit as a victim of human trafficking to receive one of the following social support policies: education, vocational training, or initial hardship allowance but does not reach the level of criminal prosecution.

3. A fine from 3,000,000 Vietnamese dong to 5,000,000 Vietnamese dong shall be imposed on one of the following acts:

a) Fraudulent declaration to receive monthly social assistance but does not reach the level of criminal prosecution;

b) Fraudulent declaration to receive monthly old-age social allowance but does not reach the level of criminal prosecution;

c) Fraudulent declaration to receive monthly care and maintenance support but does not reach the level of criminal prosecution;

d) Fraudulent declaration for admission to care, maintenance at a social assistance facility, child protection service facility, elderly care facility, disability care facility, or victim support facility.

4. Measures to mitigate the effects:

a) Compel the return of any illegal gains obtained through the violation of provisions in paragraph 1, paragraphs 2, points a, b, and c of this Article;

b) Compel cessation of care and maintenance at social assistance facilities, child protection service facilities, elderly care facilities, disability care facilities, or victim support facilities for violations under point d of this Article.

Article 8. Violation of regulations on supporting victims of human trafficking and those suspected of being victims

1. A fine from 3,000,000 Vietnamese dong to 5,000,000 Vietnamese dong shall be imposed for one of the following acts:

a) Obstructing the reception of a victim of human trafficking or those suspected of being victims;

b) Obstructing support for a victim of human trafficking or those suspected of being victims;

c) Insulting, discriminating against, or treating unfairly a victim of human trafficking or those suspected of being victims.

2. A fine from 5,000,000 Vietnamese dong to 10,000,000 Vietnamese dong shall be imposed for the act of threatening a victim of human trafficking or those suspected of being victims, their relatives, witnesses, accusers, informants, declarers, or persons who prevent such acts under Article 3 of the Law on Prevention and Suppression of Human Trafficking but does not reach the level of criminal prosecution.

3. A fine from 20,000,000 Vietnamese dong to 30,000,000 Vietnamese dong shall be imposed for the act of disclosing information about a victim of human trafficking or those suspected of being victims, including their names, ages, phone numbers, social media accounts, addresses, places of residence, workplaces, hometowns, methods of trafficking, health conditions, images, files, when such disclosure has not been consented to by them but does not reach the level of criminal prosecution, except where such disclosure is necessary for the protection of the life and health of the person disclosed or where other laws provide otherwise.

4. Measures to mitigate the effects:

a) Compel the removal of information, images, files about victims of human trafficking or those suspected of being victims under Article 3 of this Decree;

b) Compel an apology to the victim of human trafficking or those suspected of being victims, their relatives, witnesses, accusers, informants, declarers, or persons who prevent such acts when requested for violations under paragraphs 1, 2, and 3 of this Article.

Article 9. Violation of the responsibility for care and nurturing by a person who undertakes such duties towards beneficiaries of social protection, elderly persons, people with disabilities, and children in the community

1. A fine ranging from 10,000,000 to 20,000,000 Vietnamese dong shall be imposed on a person who undertakes care and nurturing for having committed any of the following acts towards beneficiaries receiving such care and nurturing in the community without being subject to criminal prosecution:

a) Forcing them to go hungry; forcing them to go thirsty; not allowing or limiting personal hygiene;

b) Forcing them to live in an environment that is harmful or dangerous;

c) Insulting, mistreating, insulting, abusing, or discriminating against beneficiaries of social protection, elderly persons, people with disabilities, and children.

2. A fine ranging from 20,000,000 to 30,000,000 Vietnamese dong shall be imposed on a person who undertakes care and nurturing for having committed any of the following acts that do not reach the level of criminal prosecution:

a) Exploiting their position as caregiver to gain personal benefits;

b) Forcing beneficiaries receiving such care and nurturing to engage in heavy, hazardous, or dangerous labor.

3. A fine ranging from 30,000,000 to 40,000,000 Vietnamese dong shall be imposed on a person who undertakes care and nurturing for having committed any of the following acts that do not reach the level of criminal prosecution:

a) Inducing or luring beneficiaries receiving such care and nurturing to commit unlawful acts;

b) Forcing beneficiaries receiving such care and nurturing to commit unlawful acts.

4. Remedial measures:

a) Compel the payment of any illegal gains obtained through the violation of provisions in paragraph 2 and paragraph 3 of this Article;

b) Compel full reimbursement of medical examination and treatment costs for beneficiaries whose health has been affected by violations as stipulated in paragraph 1, point b of paragraph 2 and paragraph 3 of this Article.

Article 10. Violation of the activities of various types of social assistance facilities, elderly care facilities, disability care facilities, support facilities for victims, child protection service facilities (hereinafter referred to as Facilities)

1. A fine ranging from 1,000,000 to 2,000,000 Vietnamese dong shall be imposed on a Facility that fails to maintain complete records and documents of beneficiaries according to legal provisions.

2. A fine ranging from 2,000,000 to 5,000,000 Vietnamese dong shall be imposed on a Facility for having committed any of the following acts:

a) Failing to report regularly on the operational status of the Facility according to legal provisions;

b) Providing insufficient or substandard daily living necessities including: blankets, mosquito nets, quilts, summer and winter clothing, undergarments, handkerchiefs, shoes, slippers, toothbrushes, common medications; monthly personal hygiene for female beneficiaries; books and study materials for beneficiaries who are still in school, and other items as stipulated by law.

3. A fine ranging from 5,000,000 to 10,000,000 Vietnamese dong shall be imposed on a Facility for having committed any of the following acts:

a) Misusing funds and facilities of the Facility;

b) Charging fees in violation of legal provisions;

c) Failing to ensure one or more environmental, health, facility conditions, personnel requirements;

d) Failing to comply with service procedures issued by competent state authorities.

4. Remedial measures:

a) Compel the payment of any illegal gains obtained through the violation as stipulated in point a of paragraph 3 of this Article;

b) Compel the return of all illegally collected fees for acts violating provisions in point b of paragraph 3 of this Article;

c) Compel the repair, supplementation, and assurance of facilities and personnel according to regulations for acts violating provisions in point c of paragraph 3 of this Article.

Article 11. Violation of Obligations of Service Payment Entities

1. A fine from 3,000,000 to 5,000,000 Vietnamese dong for any of the following acts where such act does not constitute a criminal offense:

a) Paying social benefits on a monthly basis, monthly living expenses support, old-age social benefits on a monthly basis, funeral expense support (collectively referred to as policies and programs) at an amount below the prescribed level but has not reached the threshold for criminal prosecution;

b) Paying policies and programs beyond the stipulated time limit but has not reached the threshold for criminal prosecution.

2. A fine from 5,000,000 to 10,000,000 Vietnamese dong for any of the following acts where such act does not constitute a criminal offense:

a) Failing to pay policies and programs but has not reached the threshold for criminal prosecution;

b) Paying policies and programs to an incorrect recipient but has not reached the threshold for criminal prosecution.

3. Remedial measures:
Compel payment of policies and programs in accordance with regulations to the affected party for acts violating provisions under paragraph 1 and paragraph 2 of this Article.

Article 12. Violation of Management Regulations for Relief Funds and Goods

1. A fine from 5,000,000 to 10,000,000 Vietnamese dong for any of the following acts where such act does not constitute a criminal offense:

a) Causing damage or loss of relief funds and goods, except in cases of force majeure due to natural disasters or fires;

b) Using or distributing relief funds and goods contrary to their intended purpose or recipients;

c) Swapping relief goods.

2. Remedial measures:

a) Compel restitution of the amount of money or compensation for the value of damaged or lost relief goods as a result of the violation under point a of paragraph 1 of this Article;

b) Compel repayment of any unlawful gains obtained through the violation under points b and c of paragraph 1 of this Article;

c) Compel payment of all medical expenses for individuals who have been affected by health issues due to the violation under points a and c of paragraph 1 of this Article.

Article 13. Violation of Prohibited Acts Against Persons with Disabilities

1. A fine from 3,000,000 to 5,000,000 Vietnamese dong for any of the following acts:

a) Discrimination or differential treatment against persons with disabilities;

b) Obstructing the legal rights to marriage and parenthood of persons with disabilities;

c) Obstructing persons with disabilities from living independently and integrating into society;

d) Obstructing persons with disabilities from participating in social activities on an equal basis;

d) Obstructing persons with disabilities from accessing information technology.

2. A fine from 5,000,000 to 10,000,000 Vietnamese dong for the act of failing to fulfill legal obligations in terms of nurturing and caring for a person with disabilities.

3. A fine from 10,000,000 to 20,000,000 Vietnamese dong for the act of exploiting images or personal information, status of persons with disabilities, organizations of persons with disabilities, or organizations for persons with disabilities to gain unlawful benefits or commit acts that do not constitute a criminal offense.

4. A fine from 30,000,000 to 40,000,000 Vietnamese dong for the act of enticing, persuading, or coercing persons with disabilities into committing acts that do not constitute a criminal offense.

5. Remedial measures:

a) Compel repayment of any unlawful gains obtained through the violation under paragraph 3 of this Article;

b) Compel an apology when requested for the act of discrimination or differential treatment against persons with disabilities as provided in point a of paragraph 1 of this Article;

c) Compel fulfillment of legal obligations in terms of nurturing and caring for a person with disabilities.

Article 14. Violation of the Obligations to Provide Health Care for Persons with Disabilities by Medical Facilities

1. A fine from 1,000,000 VND to 3,000,000 VND shall be imposed on the act of failing to advise preventive measures and early detection of disabilities.

2. A fine from 3,000,000 VND to 5,000,000 VND shall be imposed on the act of failing to conduct newborn screening for congenital disabilities to timely implement treatment and corrective and functional recovery measures.

3. A fine from 10,000,000 VND to 15,000,000 VND shall be imposed on the act of failing to carry out renovation and upgrading of facilities for medical care ensuring accessibility conditions for persons with disabilities during the renovation or repair of medical facilities.

Article 15. Violation of the Obligations to Provide Education for Persons with Disabilities by Educational Institutions

1. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed on any of the following acts:

a) Failing to ensure teaching and learning conditions suitable for persons with disabilities in accordance with legal provisions;

b) Failing to provide assistive devices and educational materials specifically designed for persons with disabilities in accordance with legal provisions;

c) Failing to allow persons with disabilities to be exempted or have reduced from certain subjects or educational activities where their abilities cannot meet the requirements;

d) Refusing admission of persons with disabilities at an age higher than prescribed by law;

e) Setting admission criteria that limit the enrollment of persons with disabilities, except in cases as provided by law;

f) Failing to implement preferential admissions for persons with disabilities in accordance with legal provisions;

g) Obstructing the right to education of persons with disabilities.

2. A fine from 10,000,000 VND to 15,000,000 VND shall be imposed on any of the following acts:

a) Failing to provide fee waivers, training costs and other contributions in accordance with legal provisions for education;

b) Failing to carry out renovation and upgrading of teaching facilities ensuring accessibility conditions for persons with disabilities during the renovation or repair of educational institutions.

Article 16. Violation of Vocational Education Activities for Persons with Disabilities by Vocational Educational Institutions

1. A fine from 3,000,000 VND to 5,000,000 VND shall be imposed on the act of failing to advise employment opportunities for persons with disabilities in accordance with legal provisions.

2. A fine from 15,000,000 VND to 20,000,000 VND shall be imposed on any of the following acts:

a) Failing to maintain conditions ensuring vocational education activities for persons with disabilities after organizing training activities for six months or more;

b) Failing to have sufficient programs or curricula or faculty members suitable for vocational education for persons with disabilities;

c) Failing to ensure appropriate forms and duration of training for persons with disabilities in vocational education activities;

d) Failing to issue certificates when the person with disabilities meets the conditions for issuance according to legal provisions.

3. Remedial measures:

a) Compel supplementation of sufficient programs, curricula, and faculty members suitable for vocational education for persons with disabilities in relation to the violation of regulations at paragraph 2 point b of this Article;

b) Compel issuance of certificates in relation to the violation of regulations at paragraph 2 point d of this Article.

Article 17. Violation of Regulations Concerning Traffic for Persons with Disabilities and the Elderly

A fine from 1,000,000 to 3,000,000 Vietnamese Dong shall be imposed on any of the following acts:

1. Failing to give priority in selling tickets to persons with disabilities or the elderly.

2. Failing to assist or arrange convenient seating for persons with disabilities or the elderly as required by law.

3. Refusing to transport a person with disabilities or refusing to transport appropriate aids and equipment of a person with disabilities using public transportation.

Article 18. Violation of Regulations Concerning Information and Communication for Persons with Disabilities

1. A fine from 5,000,000 to 10,000,000 Vietnamese Dong shall be imposed on a business entity producing or distributing information and communication products, including hardware, software, and digital content that violates mandatory standards for applying assistive technologies to enable persons with disabilities to access and use such products and services.

2. A fine from 10,000,000 to 20,000,000 Vietnamese Dong shall be imposed on the act of improperly applying preferential loan policies with reduced interest rates and other supports for research, development, production, and provision of assistive technologies for persons with disabilities.

3. Remedial measures:
Compel the return of any unlawful gains obtained through the violation of the provisions set forth in Clause 2 of this Article.

Article 19. Violation of Regulations Concerning Determination of Disability Levels

1. A fine from 3,000,000 to 5,000,000 Vietnamese Dong shall be imposed on any of the following acts:

a) Failing to fully fulfill the responsibilities of the Disability Determination Board;

b) Failing to fully apply the methods for determining disability levels or re-determining disability levels.

2. A fine from 5,000,000 to 10,000,000 Vietnamese Dong shall be imposed on any of the following acts:

a) Exploiting the determination of disability levels for personal gain but not reaching the threshold for criminal prosecution;

b) Refusing to determine or re-determine disability levels, issue or re-issue disability certification documents;

c) Falsifying the determination of disability levels, re-determination of disability levels, issuance of disability certification documents, or re-issuance thereof.

3. Remedial measures:

a) Compel full fulfillment of the responsibilities of the board for acts violating provisions in paragraph 1 point a of this Article;

b) Compel full application of the methods for determining disability levels or re-determining disability levels for acts violating provisions in paragraph 1 point b of this Article;

c) Compel return of any unlawful gains obtained through acts violating provisions in paragraphs 1 points a and c of this Article;

d) Compel determination or re-determination of disability levels for acts violating provisions in paragraph 1 point b of this Article;

d) Compel return of the disability certification documents for acts violating provisions in paragraph 1 point c of this Article.

Article 20. Violation of Regulations Concerning Rights and Obligations of the Elderly

1. A fine from 3,000,000 to 5,000,000 Vietnamese Dong shall be imposed on any of the following acts:

a) Obstructing an elderly person living with their children or grandchildren or living separately;

b) Obstructing an elderly person from exercising rights over property ownership, rights to participate in cultural, educational, physical exercise, sports, entertainment, tourism, rest and other lawful rights;

c) Failing to exempt contributions for social activities for the elderly;

d) Failing to give priority to the elderly receiving relief funds, medical care, and accommodation to address initial difficulties when an elderly person encounters hardships due to natural disasters or other unforeseeable risks;

d) Failing to make payments of state support funds to the elderly as prescribed.

2. A fine from 10,000,000 to 20,000,000 Vietnamese Dong shall be imposed on any of the following acts: forcing an elderly person to go without food or drink; preventing or limiting personal hygiene; forcing an elderly person to live in a place with harmful or dangerous environment or engaging in other forms of mistreatment but not reaching the threshold for criminal prosecution.

3. Remedial measures:

a) Compel an apology when requested for acts violating provisions set forth in Paragraph 2 of this Article;

b) Compel return of any illegally collected funds from the elderly for acts violating provision in Clause 1 point c of this Article;

c) Compel payment of policies and benefits according to regulations for acts violating provision in Clause 1 point d of this Article;

d) Compel full reimbursement of medical examination and treatment costs for the elderly affected by health issues due to acts violating provisions set forth in Paragraph 2 of this Article.

Article 21. Violation of Obligations to Care for and Support the Elderly

1. A fine ranging from 5,000,000 VND to 10,000,000 VND shall be imposed on any of the following acts:

a) Failure to fulfill legal obligations to care for and support the elderly;

b) Failure to fully comply with service contracts entered into in accordance with legal provisions for caring for the elderly;

c) Exploitation of opportunities to care for and support the elderly for personal gain, but not to the extent that criminal responsibility is pursued.

2. Remedial measures:
Compel the return of any illegal gains obtained through the violation of point c in paragraph 1 of this Article.

Section 2 VIOLATIONS OF BEHAVIOR, FORMS OF PUNISHMENT, PENALTY AMOUNTS AND REMEDIAL MEASURES FOR ADMINISTRATIVE VIOLATIONS IN THE FIELD OF CHILDREN

Article 22. Violation of Provisions on Caring for and Rearing Children

1. A fine ranging from 10,000,000 VND to 15,000,000 VND shall be imposed on any of the following acts:

a) Parents or caregivers fail to fully fulfill their obligations and responsibilities in caring for and rearing children except where they are temporarily required by law to isolate the child or have another caregiver take over;

b) Parents or caregivers show indifference towards the care and upbringing of children, fail to fulfill their obligations and responsibilities in caring for and rearing children, abandon children to fend for themselves, sever emotional and material ties with children, or force children not to live with the family except where they are temporarily required by law to isolate the child or have another caregiver take over.

2. A fine ranging from 20,000,000 VND to 25,000,000 VND shall be imposed on parents or caregivers who intentionally abandon children but not to the extent that criminal responsibility is pursued.

Article 23. Violation of Provisions Banning Violence Against Children

1. A fine ranging from 10,000,000 VND to 20,000,000 VND shall be imposed on any of the following acts but not to the extent that criminal responsibility is pursued:

a) Forcing children to go hungry; forcing them to drink or limiting their personal hygiene;

b) Keeping children in environments with harmful or dangerous conditions or other forms of severe mistreatment;

c) Causing psychological harm, insulting the dignity and honor, abusing, cursing, threatening, isolating, which affect the development of children;

d) Isolating, driving away, or using disciplinary measures that cause physical or psychological harm to children;

d) Frequently intimidating children with images, sounds, animals, objects that cause them fear and psychological harm.

2. Remedial measures:

a) Compel the payment of all medical expenses for children resulting from violations in paragraph 1 of this Article but not to the extent that criminal responsibility is pursued;

b) Compel the destruction of items harmful to children's health as a result of violations under point d in paragraph 1 of this Article.

Article 24. Violation of Provisions Banning Exploitation and Abuse of Children

1. A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed on any of the following acts that affect children's work beyond their capacity or time, impacting their studies, play, and rest, adversely affecting their development:

1. A fine ranging from 30,000,000 VND to 40,000,000 VND shall be imposed on any of the following acts but not to the extent that criminal responsibility is pursued:

a) Organizing or forcing children to beg;

b) Renting out or lending children for begging;

c) Leading, enticing, inciting, persuading, luring, encouraging, exploiting, coercing as intermediaries in transactions involving the exploitation of children;

d) Leading, enticing, inciting, persuading, luring, coercing children to work in violation of legal provisions.

3. A fine ranging from 40,000,000 VND to 50,000,000 VND shall be imposed on the act of exploiting images or personal information of children to create content that causes physical and psychological harm to their development or for profit but not to the extent that criminal responsibility is pursued.

4. Remedial measures:

a) Compel the return of any illegal gains obtained through violations under paragraphs 2 and 3 of this Article;

b) Compel the payment of all medical expenses for children in cases where violations under paragraphs 1, 2, and 3 of this Article result in injury or harm to their health but not to the extent that criminal responsibility is pursued.

Article 25. Violation of Prohibition on the Use, Inducement, Incitement, Instigation, Exploitation, Persuasion, Coercion, and Temptation of Children to Commit Acts in Violation of Law, Defamation of Personal Dignity or Reputation of Others

1. A fine from 10,000,000 VND to 15,000,000 VND for any of the following acts but not reaching a level warranting criminal responsibility:

a) Using children to commit acts in violation of law, defamation of personal dignity or reputation of others;

b) Inducing children to commit acts in violation of law, defamation of personal dignity or reputation of others;

c) Inciting, instigating children to commit acts in violation of law, defamation of personal dignity or reputation of others;

d) Exploiting, luring, tempting children to commit acts in violation of law, defamation of personal dignity or reputation of others;

d) Coercing children to commit acts in violation of law, defamation of personal dignity or reputation of others.

2. Measures for Restitution:
Compel the payment of all medical expenses incurred by children as a result of violating the provisions of paragraph 1 that caused injury or harm to health but not reaching a level warranting criminal responsibility.

Article 26. Violation of Provisions on Children's Right to Health Care

1. A fine from 1,000,000 VND to 3,000,000 VND for any of the following acts:

a) Failing to fulfill the responsibility of ensuring appropriate nutritional standards according to the physical and mental development of children at different ages;

b) Failing or incompletely fulfilling the responsibility of initial health care, prevention of diseases, counseling, and support in reproductive and sexual health for children.

2. A fine from 3,000,000 VND to 5,000,000 VND for any of the following acts:

a) Failing or obstructing pregnant women's access to medical services for prenatal screening and prevention of congenital diseases in children;

b) Failing to comply with decisions, measures, regulations by competent authorities to ensure the safety of life and health of children;

c) Applying harmful customs and practices that affect the health of children;

d) Failing to prioritize medical care for children.

Article 27. Violation of Provisions on Children's Right to Education

1. A fine from 500,000 VND to 1,000,000 VND for any of the following acts:

a) Damaging books, school supplies, and learning tools of children;

b) Intentionally failing to fulfill legal obligations in contributing to the education of children;

c) Failing to ensure time and conditions for children's study.

2. A fine from 1,000,000 VND to 2,000,000 VND for obstructing a child's attendance at school.

3. A fine from 3,000,000 VND to 5,000,000 VND for enticing, luring, or coercing children to drop out of school or skip classes.

4. Measures for Restitution:
Compel the payment of all costs for purchasing books, stationery, and learning tools for children in violation of paragraph 1 point a.

Article 28. Violation of Provisions on Children's Right to Access Information and Participation in Social Activities; Right to Express Opinions; Right to Preserve and Promote Ethnic Identity; Right to Play and Leisure and Prohibition of Discrimination against Children

1. A fine from 500,000 VND to 1,000,000 VND for any of the following acts:

a) Obstructing children's participation in social activities appropriate to their age, level of maturity, needs, and abilities except where it is in the best interest of the child;

b) Obstructing children from expressing opinions and views on issues related to children;

c) Obstructing the right to preserve and promote ethnic identity;

d) Obstructing the right to play, leisure, participation in cultural, artistic, physical education, sports, and tourism activities as prescribed by law.

2. A fine from 1,000,000 VND to 3,000,000 VND for any of the following acts:

a) Coercing or intimidating children when they express opinions and views on issues related to children;

b) Failing to respect, listen to, consider, respond, explain the opinions and views of children;

c) Failing to receive, address, respond to the opinions, suggestions, and wishes of children or organizations representing their voices according to regulations;

d) Failing to publicly disclose or inaccurately disclose information about educational and training plans, feeding standards, and contributions as prescribed.

3. A fine from 3,000,000 VND to 5,000,000 VND for discriminating against children based on personal characteristics, family circumstances, gender, ethnicity, nationality, religion, or belief of the child.

4. Measures for Restitution:

a) Compel an apology where requested in violation of paragraph 3;

b) Compel correction of false information or causing confusion as to point d in paragraph 2.

Article 29. Violation of provisions concerning support and intervention for children in special circumstances, children who have been harmed or children at risk of exploitation, violence, abandonment, and other forms of harm

1. A fine from 5,000,000 to 10,000,000 Vietnamese dong for any of the following acts that do not result in criminal liability:

a) Failing to report, provide, or conceal information about children at risk of exploitation, violence, and other forms of harm to competent authorities;

b) Obstructing the provision of information about children at risk of exploitation, violence, and other forms of harm to competent authorities.

2. A fine from 10,000,000 to 15,000,000 Vietnamese dong for any of the following acts:

a) Failing to provide or conceal information about children who have been harmed to competent authorities that do not result in criminal liability;

b) Failing to report to the receiving entity regarding the act of harm against a child;

c) Obstructing the provision of information about children who have been harmed to competent authorities;

d) Failing to provide information and cooperate to conduct checks on the authenticity of the harmful behavior, safety status, and level of risk to the child when requested by competent authorities;

d) Failing to maintain confidentiality of information, reports, or complaints regarding harm against children.

3. A fine from 20,000,000 to 30,000,000 Vietnamese dong for any of the following acts:

a) Failing to provide full and timely support and intervention in cases where children have been harmed or are at risk of violence, exploitation, abandonment, or are in special circumstances;

b) Refusing or failing to provide support, intervention, substitute care for cases where children have been harmed or are at risk of violence, exploitation, abandonment, or are in special circumstances.

Article 30. Violation of provisions prohibiting the sale to children or allowing children to use addictive substances, stimulants other than those specified, unsafe food that is harmful to children; violation of provisions concerning the provision of safe and child-friendly products and services without resulting in criminal liability

1. A fine from 30,000,000 to 40,000,000 Vietnamese dong for any of the following acts:

a) Providing unsafe products or services that cause harm to children;

b) Selling addictive substances, stimulants other than those specified, unsafe food that is harmful to children;

c) Allowing children to use addictive substances, stimulants other than those specified, unsafe food that is harmful to children.

2. Additional penalty measures:

a) Confiscation of contraband related to the violation as per the provisions in paragraph 1 of this Article;

b) Suspension of business operations for a period from one month to three months concerning activities related to the violation as per point b, paragraph 1 of this Article.

3. Remedial measures:

a) Forced destruction of goods and items in cases where the provisions in paragraph 1 of this Article are violated;

b) Compulsory payment of all medical expenses for children as per the provisions in paragraph 1 of this Article when such acts result in injury or harm to health but do not warrant criminal liability;

c) Compulsory refund of an amount equivalent to the value of contraband goods that have been consumed, dispersed, and destroyed in violation of legal regulations as per the provisions in paragraph 1 of this Article.

Article 31. Violation of provisions concerning the provision of cultural, informational, and communication products with content affecting the healthy development of children

1. A fine from 5,000,000 to 10,000,000 Vietnamese dong for any of the following acts:

a) Providing Internet services and other services containing content that affects the healthy development of children;

b) Failing to note that children are not allowed to use on publications, printed materials, or toys if such publications, printed materials, or toys contain content unsuitable for children; failing to warn about unsuitable content in digital products on the internet;

c) Failing to inform the age of children who should not view, listen to radio broadcasts, television programs, artistic performances, films, and other events containing content unsuitable for children;

d) Failing to comply with requirements for noting information on publications intended for children.

2. A fine for any of the following acts related to the production, publication, copying, circulation, operation, dissemination, possession, transportation, storage, or sale of publications, toys, games, digital content on the internet, and other products serving the youth market but containing content that affects the healthy development of children, according to one of the following levels:

a) From 3,000,000 to 5,000,000 Vietnamese dong when violating from one product to less than ten products;

b) From 5,000,000 to 10,000,000 Vietnamese dong when violating from ten products to less than fifty products;

c) From 10,000,000 to 15,000,000 Vietnamese dong when violating from fifty products to less than one hundred products;

d) From 15,000,000 to 20,000,000 Vietnamese dong when violating from one hundred products to less than two hundred products;

d) From 20,000,000 to 30,000,000 Vietnamese dong when violating from two hundred products to less than five hundred products;

e) From 30,000,000 to 40,000,000 Vietnamese dong when violating from five hundred products to less than one thousand products;

g) From 40,000,000 to 50,000,000 Vietnamese dong when violating one thousand or more products.

3. A fine of from 10,000,000 to 30,000,000 Vietnamese dong for the act of failing to comply with or improperly complying with provisions concerning warnings about unsuitable content on programs of radio channels, television channels, newspapers, and publications.

4. Additional penalty measures:
Confiscation of contraband related to acts violating provisions at points b, d in paragraph 1, paragraphs 2 and 3 of this Article.

5. Remedial measures:

a) Compulsory removal of articles from online newspapers, electronic magazines, radio broadcasts, television programs, electronic publications for acts violating provisions at points b, d in paragraph 1 and paragraph 3 of this Article;

b) Compulsory recovery and destruction of products, printed materials, toys, printed books, and publications for acts violating provisions at point b in paragraphs 1 and 2 of this Article;

c) Compulsory apology when requested for acts violating provisions in paragraph 2 of this Article;

d) Compulsory repayment equivalent to the value of contraband that has been consumed, dispersed, or destroyed in violation of legal regulations for acts violating provisions at points b, d in paragraphs 1, 2 and 3 of this Article.

Article 32. Violation of provisions concerning prohibition on publicizing or disclosing private information about the personal life of children

1. A fine from 20,000,000 to 30,000,000 Vietnamese dong for publicly announcing or disclosing any of the following information without the consent of the child's parents, guardians, caregivers, and children aged seven years and above, including: name, age; personal identification characteristics; health status and private information recorded in medical records; personal images; information about family members, caregivers of children; personal assets; phone numbers; personal postal address; addresses, information about places of residence, hometowns; addresses, information about schools, classes, academic performance, and friends of the child; information about services provided to individual children.

2. Remedial measures:

a) Compulsory apology when requested for acts violating provisions in paragraph 1 of this Article;

b) Compulsory recovery and removal of private life and personal secret information of children from acts violating provisions in paragraph 1 of this Article.

Article 33. Violation of Prohibition on Exploiting Substitute Care for Children to Harm Them; Exploitation of State Policies and Support Provided to Children

1. A fine ranging from 10,000,000 VND to 15,000,000 VND shall be imposed upon any one of the following acts but not reaching the threshold for criminal prosecution:

a) Exploiting substitute care for children to commit acts causing physical, emotional, psychological, reputational harm to children through various forms of violence, exploitation, abandonment, neglect, and other harmful actions;

b) Exploiting state policies and support provided by organizations or individuals for children to gain personal benefits.

2. Measures to mitigate the consequences:

a) Compel full reimbursement of medical expenses incurred by children due to violations as specified in point (a) of paragraph 1, where such actions have caused injury or harm to health but do not reach the threshold for criminal prosecution;

b) Compel restitution of any unlawful gains obtained through acts violating point (b) of paragraph 1;

c) Compel termination of substitute care and adjustment of child care methods in accordance with regulations as specified in point (a) of paragraph 1.

Article 34. Violation of Prohibition on Establishing Service Facilities, Production Sites, Storage Warehouses for Harmful Goods Near Child Protection Services, Educational Institutions, Healthcare Facilities, Cultural Points, or Recreational Areas for Children

1. A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed upon any one of the following acts:

a) Constructing structures or installing equipment at service facilities, production sites, storage warehouses for harmful goods, which pose an immediate risk of fire or explosion near child protection services, educational institutions, healthcare facilities, cultural points, or recreational areas for children;

b) Constructing structures or installing equipment at child protection services, educational institutions, healthcare facilities, cultural points, or recreational areas for children near service facilities, production sites, storage warehouses for harmful goods, which pose an immediate risk of fire or explosion.

2. A fine ranging from 30,000,000 VND to 50,000,000 VND shall be imposed upon any one of the following acts:

a) Establishing service facilities, production sites, storage warehouses for harmful goods, which pose an immediate risk of fire or explosion near child protection services, educational institutions, healthcare facilities, cultural points, or recreational areas for children;

b) Establishing child protection services, educational institutions, healthcare facilities, cultural points, or recreational areas for children near service facilities, production sites, storage warehouses for harmful goods, which pose an immediate risk of fire or explosion.

3. Additional penalty measures:
Suspension of operations for a period ranging from three months to six months for any one of the acts violating paragraphs 1 and 2.

4. Measures to mitigate the consequences:

a) Compel demolition of structures or equipment in violation of paragraph 1;

b) Compel relocation of service facilities, production sites, storage warehouses for harmful goods, which pose an immediate risk of fire or explosion, or child protection services, educational institutions, healthcare facilities, cultural points, or recreational areas for children if they are improperly located according to the provisions of paragraph 2.

Article 35. Violation of Regulations Concerning Child Protection Services and Management and Utilization of Infrastructure for Children

1. A fine from 5,000,000 to 10,000,000 Vietnamese đồng shall be imposed on a child protection service provider operating outside the registered scope of operation.

2. A fine from 10,000,000 to 20,000,000 Vietnamese đồng shall be imposed on a child protection service provider operating without registration or failing to register.

3. A fine from 20,000,000 to 30,000,000 Vietnamese đồng shall be imposed for any of the following acts:

a) Occupying infrastructure designated for learning, playing, entertainment, and child protection services;

b) Using infrastructure designated for learning, playing, entertainment, and child protection services in a manner contrary to legal provisions or for purposes other than those intended.

4. Remedial measures:

a) Demolition of structures and equipment for acts violating the provisions at point (a) of this clause;

b) Restoration to original condition for acts violating the provisions at point (b) of this clause.

Article 36. Violation of Safety Regulations Resulting in Injury or Harm to Children

1. A fine from 20,000,000 to 30,000,000 Vietnamese đồng shall be imposed for any of the following acts:

a) Failing to notify and warn of hazardous areas, harmful substances, flammable or explosive materials, electric shocks, falls, slips, and other hazards that may lead to injury or harm to children but not reaching the level of criminal responsibility;

b) Failing to comply with safety measures for production, business operations, and circulation of transportation means leading to injury or harm to children but not reaching the level of criminal responsibility.

2. Remedial measures:

a) Immediate implementation of safety measures for acts violating the provisions at paragraph 1;

b) Full reimbursement of medical expenses for children for acts violating the provisions at paragraph 1 that result in injury or harm to their health but not reaching the level of criminal responsibility.

Article 37. Violation of Responsibilities for Protecting Children on the Internet

1. A fine from 10,000,000 to 20,000,000 Vietnamese đồng shall be imposed for any of the following violations when conducting business or providing services online:

a) Providing or sharing harmful information or services that are false, malicious, pornographic, violent, inciting suicide, defamatory, threatening, insulting to honor and dignity, or infringing on the lawful rights and interests of children but not reaching the level of criminal responsibility;

b) Failing to warn or remove harmful information or services that are false, malicious, pornographic, violent, inciting suicide, defamatory, threatening, insulting to honor and dignity, or infringing on the lawful rights and interests of children but not reaching the level of criminal responsibility;

c) Failing to use measures or tools to ensure the safety of children's private life information; failing to send warning messages when children provide or change their private life information;

d) Failing to comply with requests from parents, guardians, or authorities responsible for protecting children to delete or remove private life information of children;

d) Failing to organize the receipt and evaluation of safety level classification information sent by organizations, individuals, and children;

e) Failing to publish a list of online networks, services, and products according to their safety levels for children;

g) Failing to detect and remove images, documents, or information unsuitable for children that may affect the healthy development of children;

h) Failing to provide guidance on using technology services to protect children;

i) Failing to take measures to protect those who access or use services as children.

2. A fine from 20,000,000 to 30,000,000 Vietnamese đồng shall be imposed on an online gaming service provider failing to have control tools to limit playtime and protect children from excessive or addictive use of online games. In the case where such a provider fails to implement measures or solutions to restrict the playing time for G1-rated games for children, they shall be subject to administrative penalties as stipulated in the Decree of the Government on administrative penalties in the fields of postal services, telecommunications, radio frequency management, information technology, and electronic transactions.

3. Remedial measures:

a) Payment of any unlawful gains obtained through acts violating the provisions at paragraph 1 and paragraph 2;

b) Full reimbursement of medical expenses for children for acts violating the provisions at paragraph 2 that result in injury or harm to their health but not reaching the level of criminal responsibility;

c) Removal of harmful information or services provided by acts violating the provisions at point (a) of this clause, including deletion of data or applications on servers or application stores; domain closure or taking technical measures to prevent user access;

d) Deletion and removal of private life information of children for acts violating the provisions at point (d) of this clause.

Chapter III AUTHORITY TO RECORD AND PUNISH VIOLATIONS OF ADMINISTRATIVE LAW

Article 38. Determination of Punishment Authority

1. The Chairpersons of the People's Committees at all levels have the authority to impose administrative penalties and apply remedial measures for violations of administrative law as stipulated in Chapter II of this Decree, within their delegated functions, duties, and powers according to the provisions set forth in Article 39 of this Decree.

2. The Team Leader of the Inspection Team established by the Director of the Social Protection Department or the Children's Department of the Ministry of Labour, Invalids and Social Affairs for a period of inspection within the field of social protection and assistance to children has the authority to impose administrative penalties and apply remedial measures for violations of administrative law as stipulated in Chapter II of this Decree, within their delegated functions, duties, and powers according to the provisions set forth in paragraph 4 of Article 40 of this Decree.

3. The Team Leader of the Inspection Team established by the Minister of Health has the authority to impose administrative penalties and apply remedial measures for violations of administrative law as stipulated in Chapter II of this Decree, within their delegated functions, duties, and powers according to the provisions set forth in paragraph 5 of Article 40 of this Decree.

4. The Directors of the Department of Medical Examination and Treatment, the Department of Population, the Department of Disease Prevention, the Department of Drug Administration, the Department of Food Safety, the Director of the Health Department, the Head of the Population Sector Office, the Head of the Children's Sector Office, the Head of the Food Safety Sector Office under the Health Department have the authority to impose administrative penalties and apply remedial measures for violations of administrative law as stipulated in Chapter II of this Decree, within their delegated functions, duties, and powers according to the provisions set forth in paragraphs 1, 2, and 3 of Article 40 of this Decree.

5. The Team Leader of the Inspection Team established by the Minister of Education and Training, the Director of the Vocational Education and General Education Department, and the Director of the Education and Training Department have the authority to impose administrative penalties and apply remedial measures for violations of administrative law as stipulated in Articles 15, 16; paragraph 1, point b of Article 20; Articles 27, 28, 34; and paragraph 3, point b of Article 35 of this Decree, within their delegated functions, duties, and powers according to the provisions set forth in paragraphs 2, 3, and 5 of Article 40 of this Decree.

6. The Team Leader of the Inspection Team established by the Minister of Culture, Sports and Tourism, the Director of the Press Department, the Director of the Radio, Television and Electronic Information Department, the Director of the Publishing, Printing and Distribution Department, and the Director of the Culture, Sports and Tourism Department have the authority to impose administrative penalties and apply remedial measures for violations of administrative law as stipulated in paragraph 1, point b of Article 20; paragraph 1 of Article 23; paragraph 2, point c of Article 26; paragraph 1 of Article 28; and Articles 30, 31, 34; paragraph 3, point b of Article 35 of this Decree, within their delegated functions, duties, and powers according to the provisions set forth in paragraphs 2, 3, and 5 of Article 40 of this Decree.

7. The Team Leader of the Inspection Team established by the Minister of Science and Technology and the Director of the Department of Science and Technology have the authority to impose administrative penalties and apply remedial measures for violations of administrative law as stipulated in paragraph 1, points d of Article 13; Articles 18, 31, 32, 37 of this Decree, within their delegated functions, duties, and powers according to the provisions set forth in paragraphs 2 and 5 of Article 40 of this Decree.

8. The Team Leader of the Inspection Team established by the Minister of Justice and the Director of the Department of Justice have the authority to impose administrative penalties and apply remedial measures for violations of administrative law as stipulated in paragraph 1, point b of Article 13; and paragraph 1 of Article 25 of this Decree, within their delegated functions, duties, and powers according to the provisions set forth in paragraphs 2 and 5 of Article 40 of this Decree.

9. The Team Leader of the Inspection Team established by the Minister of Construction and the Director of the Department of Construction have the authority to impose administrative penalties and apply remedial measures for violations of administrative law as stipulated in Article 17; Articles 34, 35, 36 of this Decree, within their delegated functions, duties, and powers according to the provisions set forth in paragraphs 2 and 5 of Article 40 of this Decree.

10. The Team Leader of the Inspection Team established by the Minister of Ethnic Affairs and Religion, the Head of the Government Religious Affairs Committee, and the Director of the Department of Ethnic Affairs and Religion have the authority to impose administrative penalties and apply remedial measures for violations of administrative law as stipulated in paragraph 3 of Article 28 of this Decree, within their delegated functions, duties, and powers according to the provisions set forth in paragraphs 2, 3, and 5 of Article 40 of this Decree.

11. The Team Leader of the Inspection Team established by the Minister of Home Affairs, the Director of the Employment Department, and the Director of the Department of Home Affairs have the authority to impose administrative penalties and apply remedial measures for violations of administrative law as stipulated in paragraph 2 of Article 24 of this Decree, within their delegated functions, duties, and powers according to the provisions set forth in paragraphs 2, 3, and 5 of Article 40 of this Decree.

12. The authorities with administrative penalty authority for Market Supervision have the authority to impose administrative penalties and apply remedial measures for violations of administrative law as stipulated in paragraph 1 of Article 18; Articles 30, 31, and 37 of this Decree, within their delegated functions, duties, and powers according to the provisions set forth in Article 41 of this Decree.

13. The positions with authority to impose administrative penalties of the People's Public Security have the authority to impose administrative penalties and apply measures to remedy consequences for violations of Articles 7, 8, 9, 10, 11, 12, 13, 17, 18; paragraph (a), paragraph (c) of paragraph 2 of Article 19; Articles 20, 21, 22, 23, 24, 25; paragraph 2 of Article 26; paragraphs (a), (b) and (c) of paragraph 1, paragraph 2 and paragraph 3 of Article 27 and Articles 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 of this Decree in accordance with the authority prescribed by Article 42 of this Decree and within the scope of functions, duties, and powers assigned to them in their respective fields and areas of management.

14. The positions with authority to impose administrative penalties of the Border Guard have the authority to impose administrative penalties and apply measures to remedy consequences for violations of Articles 7, 8, 12, 13, 17; paragraph 2 of Article 20; Articles 23, 29, 30 and paragraph 2 of Article 31 of this Decree in accordance with the authority prescribed by Article 43 of this Decree and within the scope of functions, duties, and powers assigned to them in their respective fields and areas of management.

15. The positions with authority to impose administrative penalties of the Coast Guard have the authority to impose administrative penalties and apply measures to remedy consequences for violations of paragraph 2 and paragraph 3 of Article 17; paragraph 1 of Article 23; paragraph 2 of Article 24; paragraph 1 of Article 25; Articles 29, 30, 31, 36 of this Decree in accordance with the authority prescribed by Article 44 of this Decree and within the scope of functions, duties, and powers assigned to them in their respective fields and areas of management.

16. The positions with authority to impose administrative penalties of the Maritime Port Authority, Air Transport Authority, Waterway Transport Authority have the authority to impose administrative penalties and apply measures to remedy consequences for violations of Article 17; paragraph 2 of Article 24; Article 25 and Article 36 of this Decree in accordance with the authority prescribed by Article 45 of this Decree and within the scope of functions, duties, and powers assigned to them in their respective fields and areas of management.

Article 39. Authority of the People's Committee Chairman

1. The chairman of the people's committee of commune, ward, special zone has the authority:

a) To issue a warning;

b) To impose a fine up to VND25,000,000;

c) To confiscate contraband items in violation of administrative regulations;

d) To suspend part or all business operations related to the violation for a period from 1 month to 3 months;

d) To suspend business operations for a period from 3 months to 6 months;

e) To apply remedial measures as prescribed in paragraph 3 of Article 5 of this Decree.

2. The chairman of the people's committee of province, city has the authority:

a) To issue a warning;

b) To impose a fine up to VND50,000,000;

c) To confiscate contraband items in violation of administrative regulations;

d) To suspend part or all business operations related to the violation for a period from 1 month to 3 months;

d) To suspend business operations for a period from 3 months to 6 months;

e) To apply remedial measures as prescribed in paragraph 3 of Article 5 of this Decree.

Article 40. Authority of the Head of an Agency Executing State Management Functions and Certain Other Positions

1. The director of a population, children's affairs bureau, food safety bureau under the Department of Health has the authority:

a) To issue a warning;

b) To impose a fine up to VND25,000,000;

c) To confiscate contraband items in violation of administrative regulations;

d) To suspend part or all business operations related to the violation for a period from 1 month to 3 months;

d) To suspend business operations for a period from 3 months to 6 months;

e) To apply remedial measures as prescribed in paragraph 3 of Article 5 of this Decree.

2. The director of the Department of Health, the director of the Department of Civil Service Administration, the director of the Department of Education and Training, the director of the Department of Culture, Sports and Tourism, the director of the Department of Science and Technology, the director of the Department of Justice, the director of the Department of Construction, the Department of Ethnic Affairs and Religion has the authority:

a) To issue a warning;

b) To impose a fine up to VND40,000,000;

c) To confiscate contraband items in violation of administrative regulations;

d) To suspend part or all business operations related to the violation for a period from 1 month to 3 months;

d) To suspend business operations for a period from 3 months to 6 months;

e) To apply remedial measures as prescribed in paragraph 3 of Article 5 of this Decree.

3. The director of the Bureau of Health Care, the director of the Population Bureau, the director of the Disease Prevention Bureau, the director of the Drug Administration Bureau, the director of the Food Safety Bureau, the director of the Vocational Education and General Education Bureau, the director of the Press Bureau, the director of the Radio, Television and Electronic Information Bureau, the director of the Publishing, Printing and Distribution Bureau, the director of the Employment Bureau, the head of the Office of Religious Affairs under the Government has the authority:

a) To issue a warning;

b) To impose a fine up to VND50,000,000;

c) To confiscate contraband items in violation of administrative regulations;

d) To suspend part or all business operations related to the violation for a period from 1 month to 3 months;

d) To suspend business operations for a period from 3 months to 6 months;

e) To apply remedial measures as prescribed in paragraph 3 of Article 5 of this Decree.

4. The head of the inspection team established by the director of the Social Welfare Bureau, the director of the Women and Children's Affairs Bureau has the authority to impose administrative penalties in accordance with the provisions of paragraph 2 of this article.

5. The head of the inspection team established by the Minister of Health, the Minister of Civil Service Administration, the Minister of Education and Training, the Minister of Culture, Sports and Tourism, the Minister of Science and Technology, the Minister of Justice, the Minister of Construction, the Minister of Ethnic Affairs and Religion has the authority to impose administrative penalties in accordance with the provisions of paragraph 3 of this article.

Article 41. Authority of Market Supervision Management

1. A market supervision officer performing official duties has the authority to:

a) Issue a warning fine;

b) Impose a monetary fine up to 5,000,000 Vietnamese dong;

c) Seize contraband goods with a value not exceeding 10,000,000 Vietnamese dong.

2. The commander of the Market Supervision Team under the Market Supervision Office of the Department of Industry and Trade has the authority to:

a) Issue a warning fine;

b) Impose a monetary fine up to 15,000,000 Vietnamese dong;

c) Seize contraband goods with a value not exceeding 30,000,000 Vietnamese dong;

d) Apply remedial measures as provided in points (d), (i) of paragraph 1 Article 28 of the Law on Handling Administrative Offenses and points (d), (e), (q), (r), (x) and (y) of paragraph 3 Article 5 of this Decree.

3. The director of the Market Supervision Office under the Department of Industry and Trade, the head of the Business Operations Unit of the Domestic Market Development Bureau has the authority to:

a) Issue a warning fine;

b) Impose a monetary fine up to 25,000,000 Vietnamese dong;

c) Seize contraband goods;

d) Temporarily suspend business operations related to the offending behavior for a period of one month to three months;

e) Apply remedial measures as provided in points (d), (i) of paragraph 1 Article 28 of the Law on Handling Administrative Offenses and points (d), (e), (q), (r), (x) and (y) of paragraph 3 Article 5 of this Decree.

4. The director of the Domestic Market Development Bureau has the authority to:

a) Issue a warning fine;

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

c) Seize contraband goods;

d) Temporarily suspend business operations related to the offending behavior for a period of one month to three months;

e) Apply remedial measures as provided in points (d), (i) of paragraph 1 Article 28 of the Law on Handling Administrative Offenses and points (d), (e), (q), (r), (x) and (y) of paragraph 3 Article 5 of this Decree.

Article 42. Authority of People's Public Security

1. A people's public security officer performing official duties has the authority to:

a) Issue a warning fine;

b) Impose a monetary fine up to 5,000,000 Vietnamese dong;

c) Seize contraband goods with a value not exceeding 10,000,000 Vietnamese dong.

2. The commander of the Mobile Police Detachment at the battalion level has the authority to:

a) Issue a warning fine;

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

c) Seize contraband goods with a value not exceeding 20,000,000 Vietnamese dong;

d) Apply remedial measures as provided in points (a), (d), (e) of paragraph 1 Article 28 of the Law on Handling Administrative Offenses.

3. The police station chief, commander of the Mobile Police Detachment at the battalion level, waterway team leader, station head, and team leader have the authority to:

a) Issue a warning fine;

b) Impose a monetary fine up to 15,000,000 Vietnamese dong;

c) Seize contraband goods with a value not exceeding 30,000,000 Vietnamese dong;

d) Temporarily suspend business operations related to the offending behavior for a period of one month to three months;

e) Temporarily suspend business activities for a period of three months to six months;

f) Apply remedial measures as provided in points (a), (d), (e) of paragraph 1 Article 28 of the Law on Handling Administrative Offenses.

4. The chief of police at the commune level has the authority to:

a) Issue a warning fine;

b) Impose a monetary fine up to 25,000,000 Vietnamese dong;

c) Seize contraband goods;

d) Temporarily suspend business operations related to the offending behavior for a period of one month to three months;

e) Temporarily suspend business activities for a period of three months to six months;

f) Apply remedial measures as provided in points (a), (b), (c), (d), (e), (g), (h), (i), (k), (n), (q), (r), (s), (t), (u), (v), (x) and (y) of paragraph 3 Article 5 of this Decree.

5. The chief of police at the border port, international airport; head of the business operations unit under the Internal Security Department including: Chief of the Press, Publishing Security Unit, Chief of the Health, Education Security Unit, Chief of the Culture, Sports and Social Labor Security Unit; head of the business operations unit under the Narcotics Control Bureau including: Chief of the Prevention, Investigation Unit on Illicit Drug Trafficking and Transport, Chief of the Prevention, Investigation Unit on Organized, Facilitating Use of Illicit Drugs, Chief of the Prevention, Investigation Unit in Legal Activities Related to Narcotics; head of the business operations unit under the Traffic Police Bureau including: Chief of the Guidance, Propaganda, Investigation, Accident Handling Unit, Chief of the Guidance, Patrol, Traffic Control Unit on Road and Railways, Chief of the Guidance, Patrol, Inspection and Anti-Trafficking in Persons on Inland Waterways, Waterway Team Leader; head of the business operations unit under the Fire Safety Bureau including: Chief of the Approval for Fire Safety, Chief of the Science and Technology Management and Inspection Unit for Firefighting Equipment and Rescue Equipment; head of the business operations unit under the Border Guard Immigration Control Bureau including: Chief of the Exit and Entry Management Unit for Vietnamese Citizens, Director of the National Air Security Center; chief of police at the provincial level including: Chief of Internal Security, Chief of Administrative Public Order Police, Chief of Economic Crime Investigation Police, Chief of Anti-Corruption and Economic Crime Investigation Police, Chief of Narcotics Control Police, Chief of Traffic Police, Chief of Fire Safety Bureau, Chief of Cybersecurity and High-Tech Crime Prevention Unit, Deputy Director of the Investigative Office of the Provincial Public Security Bureau has the authority to:

a) Issue a warning fine;

b) Impose a monetary fine up to 40,000,000 Vietnamese dong;

c) Seize contraband goods;

d) Temporarily suspend business operations related to the offending behavior for a period of one month to three months;

e) Temporarily suspend business activities for a period of three months to six months;

f) Apply remedial measures as provided in points (a), (b), (c), (d), (e), (g), (h), (i), (k), (n), (q), (r), (s), (t), (u), (v), (x) and (y) of paragraph 3 Article 5 of this Decree.

6. The director of the provincial public security bureau has the authority to:

a) Issue a warning fine;

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

c) Seize contraband goods;

d) Temporarily suspend business operations related to the offending behavior for a period of one month to three months;

e) Temporarily suspend business activities for a period of three months to six months;

e) Apply remedial measures as provided in points a, b, c, d, e, g, h, i, k, n, q, r, s, t, u, v, x and y of clause 3 Article 5 of this Decree.

7. The Director of the Internal Security Department, the Director of the Economic Security Department, the Chief of the Police Administration Office under the Ministry of Public Security, the Director of the Administrative Public Order Police Department, the Director of the Criminal Investigation Police Department for Public Order Crimes, the Director of the Narcotics Control and Criminal Investigation Police Department, the Director of the Traffic Police Department, the Director of the Firefighting and Rescue Police Department, the Director of the Environmental Protection Crime Prevention and Investigation Police Department, the Director of the Cybersecurity and High-Tech Crime Prevention and Investigation Police Department:

a) Issue a warning;

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

c) Confiscate contraband related to administrative violations;

d) Suspend part or all of the business activities related to the violation for a period from one month to three months;

d) Suspend operations for a period from three months to six months;

e) Apply remedial measures as provided in points a, b, c, d, e, g, h, i, k, n, q, r, s, t, u, v, x and y of clause 3 Article 5 of this Decree.

Article 43. Authority of the Border Guard Force

1. A border guard force member performing official duties has the authority to:

a) Issue a warning;

b) Impose a fine up to 2,500,000 Vietnamese dong;

c) Confiscate contraband related to administrative violations with a value not exceeding 5,000,000 Vietnamese dong.

2. The station commander or team leader of the person specified in paragraph 1 of this Article has the authority to:

a) Issue a warning;

b) Impose a fine up to 5,000,000 Vietnamese dong;

c) Confiscate contraband related to administrative violations with a value not exceeding 10,000,000 Vietnamese dong;

d) Apply remedial measures as provided in point d of paragraph 1 Article 28 of the Law on Handling Administrative Offenses.

3. The team leader of the Special Task Force for Narcotics and Crime Prevention has the authority to:

a) Issue a warning;

b) Impose a fine up to 7,500,000 Vietnamese dong;

c) Confiscate contraband related to administrative violations with a value not exceeding 15,000,000 Vietnamese dong;

d) Apply remedial measures as provided in point d of paragraph 1 Article 28 of the Law on Handling Administrative Offenses.

4. The station commander of the border post, the fleet commander of the maritime border guard force, and the commander of the Border Guard Port Command have the authority to:

a) Issue a warning;

b) Impose a fine up to 15,000,000 Vietnamese dong;

c) Confiscate contraband related to administrative violations with a value not exceeding 30,000,000 Vietnamese dong;

d) Suspend part or all of the business activities related to the violation for a period from one month to three months;

d) Apply remedial measures as provided in points d and i of paragraph 1 Article 28 of the Law on Handling Administrative Offenses and points b, c, d, d, e, h, i and q of paragraph 3 Article 5 of this Decree.

5. The commander of the Special Task Force for Narcotics and Crime Prevention under the Narcotics and Crime Prevention Department of the Border Guard Command has the authority to:

a) Issue a warning;

b) Impose a fine up to 25,000,000 Vietnamese dong;

c) Confiscate contraband related to administrative violations with a value not exceeding 50,000,000 Vietnamese dong;

d) Suspend part or all of the business activities related to the violation for a period from one month to three months;

d) Apply remedial measures as provided in points d and i of paragraph 1 Article 28 of the Law on Handling Administrative Offenses and points b, c, d, d, e, h, i and q of paragraph 3 Article 5 of this Decree.

6. The commander of the Border Guard Command; fleet commander of the maritime border guard force, director of the Narcotics and Crime Prevention Department under the Border Guard Command have the authority to:

a) Issue a warning;

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

c) Confiscate contraband related to administrative violations with a value not exceeding 100,000,000 Vietnamese dong;

d) Suspend part or all of the business activities related to the violation for a period from one month to three months;

Article 44. Powers of the Coast Guard

1. A Coast Guard officer performing official duties has the authority to:

a) Issue a verbal warning;

b) Impose a fine up to 2,500,000 Vietnamese đồng;

c) Confiscate contraband with a value not exceeding 5,000,000 Vietnamese đồng.

2. The head of the Coast Guard operational team has the authority to:

a) Issue a verbal warning;

b) Impose a fine up to 5,000,000 Vietnamese đồng;

c) Confiscate contraband with a value not exceeding 10,000,000 Vietnamese đồng.

3. The head of the Coast Guard operational team, the station commander of the Coast Guard has the authority to:

a) Issue a verbal warning;

b) Impose a fine up to 10,000,000 Vietnamese đồng;

c) Confiscate contraband with a value not exceeding 20,000,000 Vietnamese đồng;

d) Suspend in part or in full the business activities related to the violation for a period of one month to three months;

e) Apply remedial measures as provided in paragraph 1, point (d) of Article 28 of the Law on Handling Administrative Offenses and paragraphs (d), (e), (q), (r) and (v) of paragraph 3 of this Decree.

4. The commander of the Coast Guard detachment has the authority to:

a) Issue a verbal warning;

b) Impose a fine up to 15,000,000 Vietnamese đồng;

c) Confiscate contraband with a value not exceeding 30,000,000 Vietnamese đồng;

d) Apply remedial measures as provided in paragraphs (d), (e), (q), (r) and (v) of paragraph 3 of Article 5 of this Decree and paragraphs (d), (e), (q), (r) and (v) of paragraph 1, point (i) of Article 28 of the Law on Handling Administrative Offenses.

5. The commander of the Coast Guard squadron; the leader of the reconnaissance team, the leader of the special mission team combating drug trafficking within the Vietnam Coast Guard has the authority to:

a) Issue a verbal warning;

b) Impose a fine up to 25,000,000 Vietnamese đồng;

c) Confiscate contraband with a value not exceeding 30,000,000 Vietnamese đồng;

d) Apply remedial measures as provided in paragraphs (d), (e), (q), (r) and (v) of paragraph 3 of Article 5 of this Decree and paragraphs (d), (e), (q), (r) and (v) of paragraph 1, point (i) of Article 28 of the Law on Handling Administrative Offenses.

6. The commander of the Coast Guard region; the director of the Operations and Legal Department within the Vietnam Coast Guard has the authority to:

a) Issue a verbal warning;

b) Impose a fine up to 40,000,000 Vietnamese đồng;

c) Confiscate contraband with a value not exceeding 30,000,000 Vietnamese đồng;

d) Apply remedial measures as provided in paragraphs (d), (e), (q), (r) and (v) of paragraph 3 of Article 5 of this Decree and paragraphs (d), (e), (q), (r) and (v) of paragraph 1, point (i) of Article 28 of the Law on Handling Administrative Offenses.

7. The commander of the Vietnam Coast Guard has the authority to:

a) Issue a verbal warning;

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

c) Confiscate contraband with a value not exceeding 30,000,000 Vietnamese đồng;

d) Suspend in part or in full the business activities related to the violation for a period of one month to three months;

e) Apply remedial measures as provided in paragraphs (d), (e), (q), (r) and (v) of paragraph 3 of Article 5 of this Decree and paragraphs (d), (e), (q), (r) and (v) of paragraph 1, point (i) of Article 28 of the Law on Handling Administrative Offenses.

Article 45. Powers of the Maritime Port Authority, Air Navigation Authority, Inland Waterway Authority

1. The head representative of the Maritime Port Authority, the head representative of the Air Navigation Authority, the head representative of the Inland Waterway Authority has the authority to:

a) Issue a verbal warning;

b) Impose a fine up to 12,500,000 Vietnamese đồng;

c) Apply remedial measures as provided in paragraph 1, point (i) of Article 28 of the Law on Handling Administrative Offenses and paragraphs (e) and (v) of paragraph 3 of this Decree.

2. The director of the Maritime Port Authority, the director of the Air Navigation Authority, the director of the Inland Waterway Authority has the authority to:

a) Issue a verbal warning;

b) Impose a fine up to 25,000,000 Vietnamese đồng;

c) Apply remedial measures as provided in paragraph 1, point (i) of Article 28 of the Law on Handling Administrative Offenses and paragraphs (e) and (v) of paragraph 3 of this Decree.

c) Apply the remedial measures specified in Point i of Clause 1, Article 28 of the Law on Handling Administrative Offenses and Points e and v of Clause 3 of this Decree.

Article 46. Authority to Prepare Administrative Violation Records

1. The person with authority to impose administrative penalties as provided in Articles 39 to 45 of this Decree has the authority to prepare records for administrative violations as defined in Article 38 of this Decree.

2. Civil servants, officials, and persons assigned to perform supervisory duties related to social assistance, social support, and children's affairs pursuant to laws on supervision and relevant laws have the authority to prepare administrative violation records within the scope of their functions, duties, and powers delegated.

3. Civil servants, officials, and persons assigned to conduct inspections or specialized inspections related to social assistance, social support, and children's affairs in accordance with laws on specialized inspections and relevant laws have the authority to prepare administrative violation records within the scope of their functions, duties, and powers delegated.

Chapter IV CONDITIONS OF IMPLEMENTATION

Article 47. Enforceability

1. This Decree shall come into force as of May 16, 2026.

2. The Decree No. 130/2021/NĐ-CP dated December 30, 2021, issued by the Government on administrative penalties for violations in the field of social assistance and children's affairs shall cease to be enforceable as of the date this Decree comes into force.

Article 48. Implementation Responsibilities

1. The Minister of Health is responsible for guiding, inspecting, urging, and organizing the implementation of this Decree.

2. The Ministers, heads of agencies at the same level as ministries, heads of agencies under the Government, chairpersons of people's committees of provinces and municipalities directly under the Central Government, relevant organizations, and individuals are responsible for implementing this Decree.