Modification of Administrative Offense Inspection Rules
- HANOI (AP) — The Vietnamese government has issued Decree No.
- The decree also specifies the heads of agencies and units under central agencies organized vertically, such as the police, border guards, coast guard, customs, tax authorities, civil law...
- For complex, interdisciplinary, and national cases, the Minister of Justice will report to the Prime Minister for consideration and decision on the responsible inspection body.
Vietnam Updates Regulations on Administrative Offenses, Adds Disciplinary Dismissal
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HANOI (AP) — The Vietnamese government has issued Decree No. 93/2025/ND-CP, amending and supplementing several articles of Decree No. 19/2020/ND-CP concerning the inspection and disciplinary measures in handling administrative violations. The new decree,effective June 15,2025,introduces key changes to inspection authority and disciplinary actions.
Decree No. 93/2025/ND-CP modifies article 6 of Decree No. 19/2020/ND-CP, outlining the authority for inspection. Key changes include:
- The Minister of justice oversees the implementation of laws on handling administrative violations by ministries, ministerial-level agencies, and People’s Committees at all levels.
- Ministers are responsible for inspecting the submission of these laws within their respective sectors.
- The Governor of the state Bank of Vietnam monitors the implementation of laws related to administrative violations within assigned tasks.
- Chairpersons of People’s Committees at all levels are tasked with overseeing the application of these laws within their management areas, excluding agencies organized under a vertical system.
- The Head of the Government Cipher Committee inspects the administrative violation laws within subordinate agencies and units.
The decree also specifies the heads of agencies and units under central agencies organized vertically, such as the police, border guards, coast guard, customs, tax authorities, civil law enforcement agencies, the State Treasury, the State Bank, and the centralized statistical organization system, are responsible for inspecting the application of administrative violation laws within their respective systems.
For complex, interdisciplinary, and national cases, the Minister of Justice will report to the Prime Minister for consideration and decision on the responsible inspection body.
Expanded List of Violations
Decree No. 93/2025/ND-CP expands the list of violations in the application of laws on handling administrative offenses to 20, up from 19 in Decree No. 19/2020/ND-CP. These include:
- Retaining violations showing signs of criminal offenses for administrative processing.
- Falsifying administrative violation records.
- Abusing position and power to harass, demand, or receive money or property from violators.
- Unlawfully interfering in the handling of administrative violations.
- Failing to record administrative violations as required by law.
- Establishing records of administrative violations without proper authority or with incorrect details.
- Violating deadlines for establishing violation records or issuing sanction decisions.
- Failing to issue sanction decisions, apply administrative measures, confiscate evidence, or implement corrective measures as stipulated in Article 65, Paragraph 2 of the Law on Handling Administrative Violations.
- Sanctioning administrative offenses or applying administrative measures without proper authority or procedure, or incorrectly applying sanctions.
New Disciplinary Measure: Dismissal
A important addition in Decree No. 93/2025/ND-CP is the disciplinary measure of dismissal for civil servants. The decree stipulates that dismissal applies to civil servants in specific cases outlined in Point B, Paragraph 2 of Article 29.
Article 29, Clause 2 of Decree No. 19/2020/ND-CP, as amended by decree No. 93/2025/ND-CP, states that forced dismissal applies to civil servants holding management positions who commit the following violations:
- Having been subject to a disciplinary dismissal sanction under Article 28, Paragraph 2 of the decree and re-offending.
- Committing a first-time offense resulting in notably serious consequences as outlined in Paragraph 1 of Article 24 of the decree.
Article 24, Clause 1 of decree No. 19/2020/ND-CP, as amended, specifies that blame is applied to civil servants who commit a first offense resulting in less serious consequences in cases such as violating provisions of articles related to administrative procedures, or failing to correct or issue new decisions on administrative sanctions when errors are discovered.
The decree aims to enhance the enforcement and handling of administrative violations across various sectors and levels of government in Vietnam.
Vietnam Modifies Regulations on Disciplinary Measures for Administrative Violations
HANOI – The Vietnamese government has issued Decree No. 93/2025/ND-CP, amending and supplementing several articles of decree No. 19/2020/ND-CP concerning inspections and disciplinary actions related to the handling of administrative violations. The new decree, which takes effect June 15, 2025, introduces changes to inspection authority, clarifies violations, and adds a new form of disciplinary action: dismissal.
Decree No.93/2025/ND-CP revises Article 6 of Decree No.19/2020/ND-CP, outlining the authority for conducting inspections.
- The Minister of Justice oversees the implementation of laws on handling administrative violations by ministries, ministerial-level agencies, and People’s Committees at all levels.
- Ministers are responsible for inspecting the implementation of these laws within their respective sectors.
- The Governor of the State Bank of Vietnam monitors implementation within assigned areas.
- Chairpersons of People’s Committees at all levels oversee implementation within their jurisdictions, excluding agencies organized under a vertical system.
- The Head of the Government Cipher Committee inspects administrative violation laws within subordinate agencies and units.
Heads of agencies and units under central agencies organized vertically manage personnel authorized to handle administrative violations, including:
- People’s Police
- Border Guard
- Coast Guard
- Customs
- Tax Department
- Civil Judgment Enforcement Agency
- State Treasury
- State Bank
- Centralized statistical organization system
- Vietnam Social Security
For complex, interdisciplinary, or national cases, the Minister of Justice will report to the Prime Minister for a decision on the responsible inspection agency.
Expanded List of Violations
The updated decree lists 20 violations in the application of laws on handling administrative offenses, an increase from the 19 listed in Decree No. 19/2020/ND-CP. These include:
- Retaining violations showing signs of criminal activity for administrative processing.
- Falsifying administrative violation records.
- Abusing power to harass, demand, or receive money or property from violators.
- Unlawfully interfering in the handling of administrative violations.
- Failing to record administrative violations as required by law.
- Creating unauthorized or inaccurate administrative violation records.
- Violating deadlines for establishing violation records or issuing sanction decisions.
- Failing to issue sanction decisions or apply administrative measures to violators.
- Imposing sanctions or applying administrative measures without proper authority or procedures.
New Disciplinary Measure: Dismissal
Decree No. 93/2025/ND-CP also modifies regulations concerning disciplinary actions such as reprimands, warnings, salary reductions, demotions, and forced resignations. notably, it introduces dismissal as a disciplinary measure.
The decree specifies that dismissal applies to officials in cases outlined in point b, clause 2, Article 29 of the decree.
According to article 29, clause 2 of Decree No. 19/2020/ND-CP,as amended by Decree No.93/2025/ND-CP, forced dismissal applies to officials holding leadership or management positions who commit the following violations:
- having previously received a dismissal sanction under article 28, clause 2 of the decree and re-offending.
- Committing a first-time violation with particularly serious consequences as outlined in Article 24, clause 1 of the decree.
Article 24, clause 1 of Decree No. 19/2020/ND-CP, as amended, states that a reprimand is applied to cadres and civil servants who commit a first-time violation resulting in less serious consequences, including:
- Violating the provisions of Articles 1, 3, 6, 7, 9, 10, 13, 14, 15, 18, and 20 of Article 22 of the decree.
- Failing to promptly amend, supplement, cancel, or issue new decisions on administrative sanctions when errors or violations are discovered.
- Incomplete or inaccurate implementation of law enforcement inspection conclusions regarding the handling of administrative violations.
Decree No. 93/2025/ND-CP takes effect on June 15,2025.
Here’s a Q&A-style blog post, designed to provide comprehensive information and fulfill teh requirements outlined.
Vietnam’s New Decree: what You Need to Know About Administrative offenses and Disciplinary Measures
Welcome to a comprehensive guide exploring the recent updates to Vietnam’s regulations on administrative offenses and related disciplinary actions. This article breaks down the key changes introduced by Decree No. 93/2025/ND-CP, effective June 15, 2025, providing you with a clear understanding of what thes adjustments entail.
What is Decree No. 93/2025/ND-CP and What Does it Address?
Q: What is Decree No. 93/2025/ND-CP?
A: Decree No. 93/2025/ND-CP is a new regulation issued by the Vietnamese government. Its primary function is to amend and supplement several articles of Decree No. 19/2020/ND-CP. This decree focuses on the inspection of, and disciplinary measures for, the handling of administrative violations within Vietnam.
Q: What is the main goal of this new decree?
A: The decree aims to enhance the enforcement and handling of administrative violations across various sectors and levels of government in Vietnam, promoting more effective governance and accountability.
Q: Who Oversees the Implementation of Laws Regarding Administrative Violations According to Decree No. 93/2025/ND-CP?
A: The new decree revises the inspection authority for overseeing the handling of administrative violations, specifically modifying Article 6 of Decree no. 19/2020/ND-CP. Key changes include:
The Minister of Justice oversees the implementation of laws on handling administrative violations by ministries, ministerial-level agencies, and People’s Committees at all levels.
Ministers are responsible for inspecting the implementation of these laws within their respective sectors.
The Governor of the State Bank of Vietnam monitors implementation within assigned areas.
Chairpersons of People’s Committees at all levels oversee implementation within their jurisdictions, excluding agencies organized under a vertical system.
The Head of the Government Cipher Committee inspects administrative violation laws within subordinate agencies and units.
Q: Who is responsible for inspecting the request of administrative violation laws within vertically organized agencies?
A: Heads of agencies and units under central agencies organized vertically, such as the People’s Police, Border Guard, Coast Guard, Customs, Tax department, civil Judgment enforcement Agency, State Treasury, State Bank, and the centralized statistical institution system, are responsible.
Q: What happens in complex, interdisciplinary, or national cases?
A: For these types of cases, the Minister of Justice will report to the Prime Minister for a decision on the responsible inspection agency.
Expanded List of Administrative violations
Q: How many violations are now listed in the updated decree?
A: Decree No. 93/2025/ND-CP expands the list to 20 different violations in the application of laws on handling administrative offenses. This is an increase from the 19 listed in Decree No. 19/2020/ND-CP.
Q: Can you list some of the expanded violations?
A: Here are some key additions and changes to the list of violations:
Retaining violations showing signs of criminal activity for administrative processing.
Falsifying administrative violation records.
Abusing power to harrass, demand, or receive money or property from violators.
Unlawfully interfering in the handling of administrative violations.
Failing to record administrative violations as required by law.
Creating unauthorized or inaccurate administrative violation records.
Violating deadlines for establishing violation records or issuing sanction decisions.
Failing to issue sanction decisions or apply administrative measures to violators.
imposing sanctions or applying administrative measures without proper authority or procedures.
New Disciplinary Measure: Dismissal
Q: What is the most significant new disciplinary measure introduced by Decree No. 93/2025/ND-CP?
A: The most important new addition is the disciplinary measure of dismissal for civil servants.
Q: Under what circumstances can a civil servant be dismissed?
A: Dismissal applies to civil servants in specific cases, primarily those holding leadership or management positions, as outlined in Point B, Paragraph 2 of Article 29.
Q: What specific violations can lead to a civil servant’s dismissal?
A: Forced dismissal may be applied to officials holding leadership or management positions who commit the following violations:
Having previously received a dismissal sanction under Article 28, clause 2 of the decree and re-offending.
Committing a frist-time violation with notably serious consequences as outlined in article 24, clause 1 of the decree.
Q: When would a reprimand be applied instead of dismissal?
A: A reprimand, not dismissal, would typically be applied to civil servants who commit a first-time violation resulting in less serious consequences, which includes:
Violating the provisions of Articles 1, 3, 6, 7, 9, 10, 13, 14, 15, 18, and 20 of Article 22 of the decree.
Failing to promptly amend, supplement, cancel, or issue new decisions on administrative sanctions when errors or violations are discovered.
Incomplete or inaccurate implementation of law enforcement inspection conclusions regarding the handling of administrative violations.
Conclusion
This guide provides a comprehensive overview of Decree No.93/2025/ND-CP. Understanding these changes is vital for anyone involved in administrative procedures or subject to Vietnamese law. This update reflects Vietnam’s continuous efforts to improve its legal framework related to administrative offenses and disciplinary actions, thus this information will be evergreen for future reference.
Disclaimer: This article provides general information only and should not be considered legal advice. For specific legal guidance, consult with a qualified legal professional.