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Amend regulations on inspection and disciplinary action in the enforcement of administrative violations.

Việt NamViệt Nam27/04/2025

Decree No. 93/2025/ND-CP amends and supplements regulations on disciplinary measures such as reprimand, warning, salary reduction, demotion, dismissal, and forced termination of employment, and notably adds the disciplinary measure of removal from office.

Officials at the Quang Ngai Provincial Center for Administrative Procedure Service and Control provide direct guidance to citizens coming 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.

Amend regulations on inspection authority.

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

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

The Minister inspects the implementation of laws on handling administrative violations within the scope of their respective sectors and fields of management.

The Governor of the State Bank of Vietnam inspects the implementation of laws on handling administrative violations within the scope of his/her assigned responsibilities.

Chairpersons of People's Committees at all levels inspect the implementation of laws on handling administrative violations within their respective jurisdictions, excluding agencies organized according to a hierarchical system located within their jurisdictions.

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

Heads of agencies and units under central government organizations, structured according to a vertical management system, oversee those with the authority to handle administrative violations, including:

- People's Police;

- Border Guard;

- Coast Guard;

- Custom;

- Taxes;

- The agency responsible for the enforcement of civil judgments;

- State Treasury;

- State Bank of Vietnam;

- A centralized statistical organization system;

- The Vietnam Social Security and other agencies and units under the central government, organized according to a vertical system as prescribed by law, inspect the implementation of laws on handling administrative violations by their subordinate agencies and units.

For complex, interdisciplinary cases spanning the entire country, the Minister of Justice shall report to the Prime Minister for consideration and decision on the agency responsible for leading the inspection.

Violations in the enforcement of laws on handling administrative violations.

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

- Retain cases showing signs of criminal activity for administrative processing.

- Falsifying or distorting records of administrative violations and records of administrative sanctions.

- Abusing one's position and authority to harass, demand, or receive money or property from violators; condoning, covering up, or restricting the rights of violators when handling administrative violations.

- Unlawful interference in the handling of administrative violations.

- No administrative violation report was drawn up when an administrative violation was detected in accordance with the law.

- Drawing up administrative violation reports without proper authority, for incorrect administrative violations, or for incorrect subjects of administrative violations.

- Violation of the deadline for drawing up a record of administrative violations or violation of the deadline for issuing a decision on administrative sanctions.

- Failure to issue administrative sanctions, apply administrative measures against violators as prescribed by law, or confiscate evidence and means used in administrative violations, or apply remedial measures as prescribed in Clause 2, Article 65 of the Law on Handling Administrative Violations.

- Imposing administrative penalties, applying remedial measures, or applying administrative sanctions without proper authority or procedures (except in cases where the violation is being considered for handling under Clauses 5, 7, 8, and 10 of this Article), targeting the wrong subjects as prescribed by law, or applying incorrect or incomplete forms of penalties, penalty levels, or remedial measures for administrative violations, or failing to apply forms of penalties or remedial measures for administrative violations...

Adding dismissal as a disciplinary measure.

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

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

The decree states: "The disciplinary measure of dismissal shall be applied to officials falling under 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 dismissal applies to civil servants holding leadership and management positions who violate regulations in one of the following cases:

- Having been disciplined with dismissal from office under one of the circumstances specified in Clause 2, Article 28 of this Decree, and then committing the offense again.

- First-time violations resulting in exceptionally serious consequences, falling under 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 applies to officials and civil servants who commit a first-time violation causing minor consequences in one of the following cases:

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

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

Failure to fully and accurately implement the conclusions of the inspection on the enforcement of laws regarding the handling of administrative violations.

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


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