New policy

New regulations on the authority to impose administrative penalties for violations.

Phuong Nhi July 11, 2025 09:09

The government issued Decree No. 189/2025/ND-CP detailing the Law on Handling Administrative Violations regarding the authority to impose administrative penalties.

Quy định mới về thẩm quyền xử phạt vi phạm hành chính- Ảnh 1.
Decree No. 189/2025/ND-CP stipulates the authority to impose administrative penalties for violations.

Specifically, the Decree clearly stipulates the authority to impose administrative penalties for violations by: the Chairman of the People's Committee, the Head of the agency performing state management tasks according to specialized fields and sectors, and some other positions; Inspectorate; People's Police; Border Guard; Coast Guard; Customs; Market Management; tax authorities; Forestry; Fisheries; Civil Enforcement agencies;...

Authority of the Chairman of the People's Committee

According to regulations,The Chairman of the People's Committee of the commune, ward, or special administrative region (commune level) has the authorityThe penalties include: a warning; a fine of up to 50% of the maximum fine for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations; temporary revocation of licenses or professional certificates, or temporary suspension of operations; confiscation of exhibits and means used in administrative violations; and application of remedial measures as stipulated in Clause 1, Article 28 of the Law on Handling Administrative Violations.

The Chairman of the People's Committee of the province or city (provincial level) has the right to:The penalties include: a warning; a fine up to the maximum amount for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations; temporary revocation of licenses or professional certificates, or temporary suspension of operations; confiscation of exhibits and means used in administrative violations; and application of remedial measures as stipulated in Clause 1, Article 28 of the Law on Handling Administrative Violations.

The director of the department has the authority to:The penalties include: a warning; a fine of up to 80% of the maximum fine for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations; temporary revocation of licenses or professional certificates, or temporary suspension of operations; confiscation of exhibits and means used in administrative violations; and application of remedial measures as stipulated in Clause 1, Article 28 of the Law on Handling Administrative Violations.

Authority of the People's Police

Police officers on duty have the right to:A warning; a fine of up to 10% of the maximum fine for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations; confiscation of exhibits and means used in administrative violations with a value not exceeding twice the fine amount stipulated above.

The commander of a company-level Mobile Police unit has the authority to:The penalties include: a warning; a fine of up to 20% of the maximum fine for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations; confiscation of exhibits and means used in administrative violations with a value not exceeding twice the fine amount stipulated above; and application of remedial measures as stipulated in Points a, c, d, and e, Clause 1, Article 28 of the Law on Handling Administrative Violations.

The Police Station Chief, the Battalion-level Mobile Police Unit Commander, the Waterway Patrol Commander, the Station Chief, and the Team Leader have the authority to:The penalties include: a warning; a fine of up to 30% of the maximum fine for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations; temporary revocation of licenses or professional certificates, or temporary suspension of operations; confiscation of exhibits and means used in administrative violations with a value not exceeding twice the fine amount stipulated above; and application of remedial measures as stipulated in Points a, c, d, and e, Clause 1, Article 28 of the Law on Handling Administrative Violations.

The head of the commune-level police has the authority to:The penalties include: a warning; a fine of up to 50% of the maximum fine for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations; temporary revocation of licenses or professional certificates, or temporary suspension of operations; confiscation of exhibits and means used in administrative violations; and application of remedial measures as stipulated in Clause 1, Article 28 of the Law on Handling Administrative Violations.

The Head of the Border Police at the International Airport; the Head of the Professional Department under the Department of Internal Security has the authority to:The penalties include: a warning; a fine of up to 80% of the maximum fine for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations; temporary revocation of licenses or professional certificates, or temporary suspension of operations; and confiscation of exhibits and means used in administrative violations.

Provincial police have the authority to decide whether to apply the penalty of deportation.

Head of the Immigration and Emigration Management Department of the Provincial PoliceThey have the authority to impose penalties similar to the Chief of Border Police at international airports; the Head of the Professional Department under the Department of Internal Security, and the right to decide on the application of the penalty of deportation.

The Provincial Police Chief has the authorityThe penalties include: a warning; a fine up to the maximum amount for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations; temporary revocation of licenses or professional certificates, or temporary suspension of operations; confiscation of evidence and means used in administrative violations; deportation; and remedial measures as stipulated in Clause 1, Article 28 of the Law on Handling Administrative Violations.

The Director of the Department of Internal Political Security, the Director of the Department of Economic Security, the Chief of the Office of the Investigation Police Agency of the Ministry of Public Security, the Director of the Department of Administrative Police for Social Order, the Director of the Department of Criminal Investigation of Social Order Crimes, the Director of the Department of Criminal Investigation of Corruption, Economic Crimes, and Smuggling, the Director of the Department of Criminal Investigation of Drug Crimes, the Director of the Department of Traffic Police, the Director of the Department of Fire Prevention, Firefighting and Rescue, the Director of the Department of Environmental Crime Prevention and Control, the Director of the Department of Cybersecurity and High-Tech Crime Prevention and Control, the Director of the Department of Domestic Security, the Director of the Department of Police for Management of Detention, Custody and Execution of Criminal Sentences in the Community, the Commander of the Mobile Police, and the Director of the National Data Center have the authority to...: Warning; maximum fine for the corresponding field as stipulated in Article 24 of the Law on Handling Administrative Violations; temporary revocation of licenses or professional certificates or temporary suspension of operations; confiscation of exhibits and means used in administrative violations.

Director of the Immigration DepartmentThey have the authority to impose penalties similar to the Director of the Department of Internal Political Security, the Director of the Department of Economic Security, the Chief of the Office of the Police Investigation Agency of the Ministry of Public Security, the Director of the Department of Administrative Police for Social Order, the Director of the Department of Criminal Investigation of Social Order Crimes... as above, and have the right to decide on the application of the penalty of deportation.

This Decree takes effect from July 1, 2025.

According to baochinhphu.vn
https://baochinhphu.vn/quy-dinh-moi-ve-tham-quyen-xu-phat-vi-pham-hanh-chinh-102250710171449036.htm
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