Amending regulations on inspection and disciplinary action in administrative violation handling

Decree No. 93/2025/ND-CP amends and supplements regulations on disciplinary reprimand, warning, salary reduction, demotion, dismissal, forced resignation, and in particular, adds the form of disciplinary dismissal.

Staff of the Quang Ngai Provincial Administrative Procedure Service and Control Center directly guide people to complete administrative procedures. (Photo: Hai Au/VNA)

On April 26, the Government issued Decree No. 93/2025/ND-CP amending and supplementing a number of articles of Decree No. 19/2020/ND-CP dated February 12, 2020 of the Government on inspection and disciplinary action in the enforcement of laws on handling administrative violations.

Amending regulations on inspection authority

Decree No. 93/2025/ND-CP amends and supplements Article 6 of Decree No. 19/2020/ND-CP regulating inspection authority as follows:

The Minister of Justice inspects the enforcement of laws on handling administrative violations by ministries, ministerial-level agencies, People's Committees at all levels and agencies managing persons with authority to handle administrative violations.

The Minister inspects the enforcement of laws on handling administrative violations within the scope of the sector and management field.

The Governor of the State Bank of Vietnam inspects the enforcement of laws on handling administrative violations within the assigned scope of implementation.

Chairmen of People's Committees at all levels inspect the enforcement of laws on handling administrative violations within their management areas, except for agencies organized according to a vertical system located in the area.

The Head of the Government Cipher Committee inspects the enforcement of laws on administrative violations by his subordinate agencies and units.

Heads of agencies and units under central agencies are organized according to a vertical system of management of persons with authority to handle administrative violations, including:

- People's Public Security;

- Border Guard;

- Coast Guard;

- Custom;

- Tax;

- Civil enforcement agency;

- State Treasury;

- State Bank;

- Centralized statistical organization system;

- Vietnam Social Security and other agencies and units under the Central agencies are organized vertically according to the provisions of law to inspect the enforcement of the law on handling administrative violations against their subordinate agencies and units.

For complicated, interdisciplinary, nationwide cases, the Minister of Justice shall report to the Prime Minister for consideration and decision on the responsible agency to preside over the inspection.

Violations in law enforcement on handling administrative violations

According to Decree No. 93/2025/ND-CP, there are 20 violations in the enforcement of the law on handling administrative violations (Decree No. 19/2020/ND-CP stipulates 19 violations). Specifically:

- Retain violations with signs of crime for administrative handling.

- Forging or falsifying administrative violation records and records of application of administrative measures.

- Taking advantage of position and power to harass, demand, or receive money or property from violators; condoning, covering up, or restricting the rights of violators when handling administrative violations.

- Illegal interference in the handling of administrative violations.

- Failure to make a record of administrative violations when detecting administrative violations according to the provisions of law.

- Making records of administrative violations without proper authority, with incorrect administrative violations, and with incorrect administrative violators.

- Violation of the time limit for drawing up a record of administrative violations or violation of the time limit for issuing a decision to sanction administrative violations.

- Not making a decision to sanction administrative violations, not applying administrative measures to violators according to law provisions or not confiscating evidence and means of administrative violations, not applying remedial measures according to provisions in Clause 2, Article 65 of the Law on Handling of Administrative Violations.

- Sanctioning administrative violations, applying remedial measures or applying administrative handling measures without proper authority or procedures (except for cases being considered for handling of violations specified in Clauses 5, 7, 8 and 10 of this Article), not to the right subjects according to legal regulations or applying incorrect or incomplete forms of sanctions, levels of sanctions, and remedial measures to administrative violations or not applying forms of sanctions or remedial measures to administrative violations...

Additional form of disciplinary dismissal

Decree No. 93/2025/ND-CP also amends and supplements regulations on disciplinary measures such as reprimand, warning, salary reduction, demotion, dismissal, and forced resignation.

In particular, Decree No. 93/2025/ND-CP adds the disciplinary form of dismissal.

The Decree clearly states: "The disciplinary measure of dismissal applies to officials in one of the cases specified in Point b, Clause 2, Article 29 of this Decree."

According to Clause 2, Article 29 of Decree No. 19/2020/ND-CP, amended and supplemented by Decree No. 93/2025/ND-CP, the disciplinary measure of forced dismissal is applied to civil servants holding leadership and management positions who violate one of the following cases:

- Having been disciplined by dismissal in one of the cases specified in Clause 2, Article 28 of this Decree and re-offending.

- First violation, causing particularly serious consequences in one of the cases specified in Clause 1, Article 24 of this Decree.

Clause 1, Article 24 of Decree No. 19/2020/ND-CP, amended and supplemented by Decree No. 93/2025/ND-CP clearly states: The disciplinary measure of reprimand is applied to cadres and civil servants who commit the first violation, causing less serious consequences in one of the following cases:

- Violating the provisions in Clauses 1, 3, 6, 7, 9, 10, 13, 14, 15, 18 and 20, Article 22 of this Decree;

- Failure to promptly amend, supplement, cancel, or issue new decisions on administrative sanctions when errors or violations are discovered.

Incomplete and inaccurate implementation of conclusions on inspection of law enforcement work on handling administrative violations.

Decree No. 93/2025/ND-CP takes effect from June 15, 2025./.

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