New regulations on authority to sanction administrative violations

New regulations on authority to handle administrative violations - Photo 1.

Decree No. 189/2025/ND-CP regulating the authority to sanction administrative violations.

In particular, the Decree clearly stipulates the authority to sanction administrative violations of: Chairman of the People's Committee, Head of the agency performing state management tasks according to the specialized sector, field and a number of other positions; Inspector; People's Public Security; Border Guard; Coast Guard; Customs; Market Management; Tax authority; Forestry; Fisheries Inspector; Civil Judgment Enforcement Agency;...

Authority of the Chairman of the People's Committee

According to regulations, the Chairman of the People's Committee of a commune, ward, or special zone (commune level) has the right to : Issue a warning; fine up to 50% of the maximum fine for the corresponding field specified in Article 24 of the Law on Handling of Administrative Violations; revoke the right to use a license or practice certificate for a limited period or suspend operations for a limited period; confiscate exhibits and means of administrative violations and apply remedial measures specified in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

The Chairman of the People's Committee of a province or city (provincial level) has the right to: Issue a warning; impose a fine up to the maximum level for the corresponding field specified in Article 24 of the Law on Handling of Administrative Violations; revoke the right to use a license or practice certificate for a limited period or suspend operations for a limited period; confiscate exhibits and means of administrative violations; apply remedial measures specified in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

The Director of the Department has the right to: Issue warnings; impose fines of up to 80% of the maximum fine for the corresponding field specified in Article 24 of the Law on Handling of Administrative Violations; revoke the right to use licenses or practice certificates for a limited period or suspend operations for a limited period; confiscate exhibits and means of administrative violations; apply remedial measures specified in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

Authority of the People's Public Security

People's Public Security officers on duty have the right to: Issue warnings; impose fines up to 10% of the maximum fine for the corresponding field specified in Article 24 of the Law on Handling of Administrative Violations; confiscate exhibits and means of administrative violations with a value not exceeding 02 times the fine prescribed above.

The head of the company-level Mobile Police unit has the right to: Issue a warning; impose a fine of up to 20% of the maximum fine for the corresponding field specified in Article 24 of the Law on Handling of Administrative Violations; confiscate exhibits and means of administrative violation with a value not exceeding 02 times the fine specified above; apply remedial measures specified in points a, c, d and e, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

Chiefs of police stations, heads of mobile police units at battalion level, water squad leaders, station chiefs, and team leaders have the right to: Issue warnings; impose fines of up to 30% of the maximum fine for the corresponding field specified in Article 24 of the Law on Handling of Administrative Violations; revoke the right to use licenses and practice certificates for a limited period or suspend operations for a limited period; confiscate exhibits and means of administrative violations with a value not exceeding twice the fine specified above; apply remedial measures specified in points a, c, d, and e, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

The Chief of Commune-level Police has the right to: Issue warnings; impose fines of up to 50% of the maximum fine for the corresponding field specified in Article 24 of the Law on Handling of Administrative Violations; revoke the right to use licenses or practice certificates for a limited period or suspend operations for a limited period; confiscate exhibits and means of administrative violations; apply remedial measures specified in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

The Chief of the International Airport Border Police; the Head of the Department of Internal Security has the right to: Issue warnings; impose fines of up to 80% of the maximum fine for the corresponding field specified in Article 24 of the Law on Handling of Administrative Violations; revoke the right to use licenses and practice certificates for a limited period or suspend operations for a limited period; confiscate exhibits and means of administrative violations.

Provincial police have the right to decide to apply the penalty of expulsion.

The Head of the Immigration Department of the Provincial Police has the same authority to impose penalties as the Head of the International Airport Border Police; the Head of the Professional Department of the Department of Homeland Security and has the right to decide to apply the penalty of expulsion.

The Director of the Provincial Public Security Department has the right to : Issue warnings; impose fines up to the maximum level for the corresponding field specified in Article 24 of the Law on Handling of Administrative Violations; revoke the right to use licenses or practice certificates for a limited period or suspend operations for a limited period; confiscate exhibits and means of administrative violations; apply the penalty of expulsion; apply remedial measures specified in Clause 1, Article 28 of the Law on Handling of Administrative Violations.

Director of the Internal Political Security Department, Director of the Economic Security Department, Chief of the Office of the Police Investigation Agency of the Ministry of Public Security , Director of the Police Department for Administrative Management of Social Order, Director of the Police Department for Investigation of Crimes of Social Order, Director of the Police Department for Investigation of Crimes of Corruption, Economy, Smuggling, Director of the Police Department for Investigation of Drug-related Crimes, Director of the Traffic Police Department, Director of the Fire Prevention, Fire Fighting and Rescue Police Department, Director of the Police Department for Prevention and Control of Environmental Crimes, Director of the Cyber Security and Prevention and Control of High-Tech Crimes, Director of the Internal Security Department, Director of the Police Department for Management of Detention, Temporary Detention and Execution of Criminal Sentences in the Community, Commander of the Mobile Police, Director of the National Data Center have the right to : Issue warnings; impose fines up to the maximum level for the corresponding field specified in Article 24 of the Law on Handling of Administrative Violations; revoking the right to use a license or practice certificate for a period of time or suspending operations for a period of time; confiscating evidence and means of administrative violation.

The Director of the Immigration Department has the same authority to impose penalties as the Director of the Internal Political Security Department, the Director of the Economic Security Department, the Chief of Office of the Investigation Police Agency of the Ministry of Public Security, the Director of the Administrative Police Department for Social Order, the Director of the Police Department for Investigation of Crimes of Social Order... as above and has the right to decide to apply the penalty of expulsion.

This Decree takes effect from July 1, 2025.

Phuong Nhi

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