To fight and resist the administrative violations, maintaining social order, strengthening the State discipline, social legislation, enhance the effectiveness of the State;

Pursuant to article 12 and article 100 of the Constitution of the Socialist Republic of Vietnam;

This Ordinance regulating the sanctioning of administrative violations.

Chapter I GENERAL PROVISIONS article 1. Administrative violations administrative violations are acts by individuals, organizations make a way intentionally or unintentionally, violate state management rules that are not criminal offences and under the provisions of the law must be sanctioned administratively.

The Council of Ministers Regulation of administrative violations in the field of governance within the jurisdiction stipulated in clause 1 of article 2 of this Ordinance.

Article 2. Regulatory authority of administrative violations, the form and processing measures 1. Based on laws and ordinances, the Council of Ministers Regulation of administrative violations, fines and other administrative measures applicable to each category of administrative violations in the field of governance.

2. The ministries, State committees and other bodies in the Council of Ministers, within the scope of its powers, functions is responsible for guiding the implementation of the provisions of laws and ordinances and the text of the Council of Ministers on sanctioning administrative violations.

3. the people's Council, city, municipal district, based on the text of the State bodies and the specific characteristics of the local regulation of administrative violations in the field of local governance; sanctions and other coercive measures with respect to the acts which, unless the acts have been the superior state agency regulations. The provisions on sanctions administrative violations and other administrative measures of the people's Council, the city, the district level was not contrary to the provisions of this Ordinance.

Article 3. Ensure the Socialist law in sanctioning administrative violations 1. Not an individual, the Organization would be sanctioning administrative violations in addition to the bases and procedures prescribed by law.

2. The State bodies, social organizations, economic organizations and citizens must strictly comply with the provisions of the law on sanctioning of administrative violations.

3. the people's Procuracy Prosecutor obeys the law on sanctioning of administrative violations of the State bodies are competent to sanction, of the agencies, organizations and all citizens.

4. the Vietnam Fatherland Front, social organizations and all citizens have the right to monitor, detect and report the violations of the laws of the State Agency and authority sanctioning administrative violations.

Article 4. The task of prevention and struggle against administrative violations 1. State agencies, social organizations, organizations have the duty to educate people in the Agency, his organization about the sense of protection and comply with the law, the rules of Socialist life, promptly take measures to eliminate the cause, the condition causes administrative violations in Agency , his organization.

2. The competent State bodies sanctioning administrative violations are regularly organized statistics, summarizing the practices of sanctioning administrative violations, set out the measures to fight, against administrative violations.

3. Every citizen has the duty to actively fight, against the administrative violations.

Article 5. The subject was sanctioning administrative violations 1. Vietnam citizens from 18 years of age must be responsible for the administration of any breach of his administration. The sanctioning administrative violations against minors is done according to the provisions of article 29 of this Ordinance.

Active military personnel, reservists in time focused coaching and who belong to the people's public security forces, if implemented administrative violations shall be dealt with as for other citizens; in case of need application form of penalty deprived the right to use some type of license sanction agencies not directly sanctioning that transfer record for the Agency, the unit where they served or where fought in violation to process according to the order of discipline.

2. The State bodies, social organizations, economic organization (hereinafter referred to as the Organization), if the implementation of administrative violations, the fines, deprived of the right to use the license as specified in article 11 and other administrative measures stipulated in article 12 of this directive.

3. Individuals, organizations who perform administrative violations on the territory of the Socialist Republic of Vietnam, the sentenced as for citizens, the organization Vietnam; individuals, organizations are entitled to the privileges and immunities of the diplomatic privileges and immunities, and consular privileges, other exemptions under the law of Vietnam, according to the international treaties to which the Socialist Republic of Vietnam signed or acknowledged the handling of administrative violations are resolved by the diplomatic path.

Article 6. The principle of sanctioning administrative violations 1. All administrative violations must be timely detection, handling, quickly, in accordance with the law.

2. A range of administrative penalties only sanctioned once.

A person who performs many of the administrative violations, the sanctioned about each violation, but synthetic forms of punishment did not exceed the highest level of the level of sanctions prescribed by law apply to the heaviest violations.

Many people make an administrative violation, then each violation are sanctioned.

3. State bodies have the authority to sanction violation of conduct chínhphải based on the nature and extent of the violation, identity and the extenuating circumstances, aggravating to decide the form and the level of sanction individuals or organizations make administrative violations.

4. Not sanctioning administrative violations in the case of urgent situation, legitimate self-defense, unexpected events or perform administrative violations while mental disease or other diseases do lose cognitive ability or the ability to control his behavior.

Article 7. The extenuating circumstances the following be considered extenuating circumstances: 1. The implementation of administrative violations have prevented alleviate the harmful effects of the breach or voluntarily repair the damages;

2. Violation of the conditions that were mental agitation caused by unlawful acts of others;

3. The breach of pregnant women, the elderly, people who have the disease or disability-aware capacity negated or ability to control his behavior.

4. violations because of the particularly difficult circumstances without due cause himself.

5. violations due to the level of backwardness.

Article 8. The aggravation Just following new details are considered aggravating: 1. organized violation;

2. Repeat infringers or re-offending;

3. violations of property damage;

4. Solicitation to entice a minor violation;

5. apply infringement due to the use of wine, beer or other stimulants;

6. Taking advantage of the Office, the authority or the circumstances of disaster, disease, pest shown to violate;

7. violations before or during the time the executive decisions are administrative sanction;

8. After the breach was behaving evade, hide administrative violations.

Article 9. Time sanctioning administrative violations 1. No sanctions against individuals, organizations perform administrative violations, if more than one year from the date of implementation of the violation.


2. for individuals done violates the law was being prosecuted, indicted or have decided to put on trial under the criminal proceedings to which the authority conducting the proceedings decided to suspend investigation or case, but if breaking the law could violate the administrative time limits for sanctions individuals performed administrative infringement is three months, since when has decided to suspend.

3. Within the time limit specified in paragraph 1, item 2 of this Article, if individuals, organizations implement new administrative violations or willfully evading, obstructing the sanction, the time limits are calculated again since the implementation of new administrative violations or acts impedes escape the sanctions ended.

Article 10. The time limit to be considered not yet sanctioned administrative offense Who sanctioned administrative offense, if more than a year from the date of enforcement of the decision or sanction is done from the day of execution sanctioned decision, if not re-offending, then regarded as not yet sanctioned administrative offense.

Chapter II the FINES and OTHER ADMINISTRATIVE MEASURES article 11. The sanctions administrative violations 1. Individuals, organized administrative violations must bear one of the following major fine form: a) caution;

b) fine.

2. In addition to the principal penalty form, individual, organization, administrative violations can incur an additional penalty in the form of the following: a) deprived of the right to use license (licence of the means of transport, means of transport, business license or other license types).

b) confiscated exhibits, means of offense.

Article 12. Other administrative measures 1. In addition to the sanctions provided for in article 11 of this directive, the competent State bodies sanctioning administrative violations can apply to individuals, organized administrative violations administrative measures: a) Forced to restore the status has been changed due to administrative violations caused or forced dismantling unauthorised building works;

b) Required direct compensation due to administrative violations cause to 100,000;

c) forced the culling of the food culture of debauchery, articles can be harmful to human health;

d) operations to pollute the environment, spread disease, causing uproar losing the quiet and ordered corrective measures.

2. the conditions for applying the sanctions administrative violations specified in article 11 of this Ordinance and other administrative measures stipulated in paragraph 1 of this article for each administrative violations set forth in the text of the law has provisions on sanctioning of administrative violations.

Article 13. Warning caution be applied against individuals made small administrative infringement, breach first extenuating circumstances by the competent State Agency sanctions decided by text or by other form specified in the text of the law has provisions on sanctioning of administrative violations.

Article 14. A fine of 1. A fine from 1,000 to 20,000 Dong Dong for individuals, organizations perform administrative violations are simple in nature, obviously, not to cause damage or cause major damage to property; If repeat infringers or re-offending, then a fine from 20,000 to 50,000 dong.

2. A fine of 20,000 to 50,000 Dong Dong for administrative violations in cases not specified in paragraph 1 and paragraph 3 of this Article.

3. Administrative violations in the field of national security, the production and circulation of commodities, currency, tax, price, protect natural resources and the environment, culture, information is more aggravating then can impose a fine on 50,000 dong.

For administrative violations in the field of Economics, the fines can be counted from 1 to 3 times or illegal goods worth from 1 to 3 times the number of illegal goods or value of any benefit.

4. Fines that are specific to each type of administrative violations set forth in the text of the law has provisions on sanctioning of administrative violations.

5. The fines in foreign currency by the Council of Ministers Regulation.

Article 15. Deprived of the right to use the license stripped of the right to use a license is revoked or has no time limit for the licenses that the State Agency has the authority to grant when individuals, organizations using the license code to use that license.

Article 16. Confiscated animals, money means violation of confiscated animals, money, the media breached is sung on State funds, the money, the media and other relevant applied directly to administrative violations. When foreclosures still to let the offense or the family they have conditions to live.

Not confiscated animals, money, means the Socialist-owned or in the form of legitimate owners were appropriating violators or unauthorized use.

Chapter III ADMINISTRATIVE SANCTION AUTHORITY article 17. The State Agency and authority sanctions 1. The State Agency has the authority to sanction administrative violations include: a) the people's Committee;

b) Police Agency, the border guard, customs, tax, Ranger service, market management, arbitration and economic organ perform the functions of the State specialized inspection;

c) people's courts of all levels.

2. Representatives of the competent State bodies sanction the heads, Deputy Heads of the bodies specified in paragraph 1 of this article.

Officers and soldiers of the people's police, the border guard, customs officers, taxation, Ranger, surveyor performs the function of specialized State inspectors are on duty are sanctioned under the provisions of this Ordinance.

Article 18. Principles delineate the authority sanction 1. The delineation of authority sanctioning administrative violations between the Commission, the State Agency and authority record in item 1 and item 2 article 17 of this directive, be specified in the text are right about sanctioning administrative violations based on the type of behavior and the nature of the violation.

2. If the administrative violation under the jurisdiction the provisions penalizing many of the sanctions due to the first agency accepting the implementation.

Article 19. The authority sanctioning administrative violations 1. Soldiers of the people's police, the border guard, customs officers, taxation, Rangers are on duty be caution, a fine of up to 20,000. The fine of 20,000 to 50,000 contract from the contracts because the heads of the regulatory authority decision.

2. The President of the people's Committee of the communes, wards, Town Police Chief, was caution, a fine of up to 50,000.

3. Inspectors perform the function of specialized State inspectors are on duty be caution, a fine of up to 100,000 dong, deprived of the right to use some type of license and apply other coercive measures provided for in article 12 of this directive, except for the required compensation measures.

4. The captain manage the market was caution, deprived of business licenses, impose a fine of up to 500,000 Dong for administrative violations in the field of business, commercial.

5. Tax Manager, head and Deputy Head of public security at district level, head of the provincial public security organs, the Chief Ranger beads beads, heads of customs, unit commander of the border guard units to be applied to all forms of punishment and other coercive measures provided for in this Ordinance and fined up to 200,000 VND.

6. The Chairman of the district people's Committee level are applied to all forms of punishment and other administrative measures stipulated in this Ordinance and fined up to 2 million.

7. The Chairman of the provincial people's Committee and level to be applied to all forms of punishment and administrative measures within the scope of this Ordinance.


8. People's courts granted sanctioning administrative violations hinder adjudication, enforcement of the judgment.

9. economic arbitration granted sanctioning administrative violations with respect to the contracting economy that economic arbitration conclusion is to disable the whole and who knowingly perform the contract were considered void.

Chapter IV PROCEDURE for SANCTIONING of ADMINISTRATIVE VIOLATIONS to article 20. Simple procedure in the case of sanctioning administrative violations in the form of caution, a fine of up to 20,000 dong, the State authorities, who have jurisdiction to sanction the penalty decision in place. The person fined must pay money and get receipts.

Article 21. Set the minutes about administrative violations When there are administrative violations, State authorities, who have jurisdiction to sanction a penalty must be promptly established thereon, unless sanctioned by a simple procedure.

The minutes of administrative violations must specify day, month, year, location set thereon; name, position the set thereon; name, address, occupation or violator name, address offending organization; day, month, year, location, fought the violation; content violation, the preventive measures and ensure the sanctions; status of exhibits, hold media if there; the testimony of the person who violated or breached organizations representatives. If there are witnesses, the person or the Organization harmed then specify name, address, their testimony.

Minutes of finishing must be founded thereon and the person who violated or breached organizations representatives; If there are witnesses, the person or organization they harmed the same sign the minutes.

In case the minutes include many sheets the set thereon, the person or organization representative violated must sign each sheet.

In the case of people or organization in violation, the witness, the victim refused to sign it must specify the reason.

The minutes are done to give individuals, organized a violation. If the Agency, who established thereon without the authority sanctioning administrative violations, the minutes must be transferred to the competent agency sanction.

State authorities, who have jurisdiction to proceed to establish the minutes of administrative violations or apply sanctions according to the simple procedure to order forced the suspension of right violations.

Article 22. The preventive measures and ensure the administrative violation sanction in case of need to prevent timely administrative violations or ensure the sanction, the State Agency, the authority may apply the measures of custody, people who visit, means of transport, objects, hiding place visit exhibits means of administrative violations and hold exhibits, means of administrative violation according to the administrative procedure. When applying these measures, the State Agency, the authority must comply with the provisions of articles 23, 24, 25, 26 and 27 of this Ordinance and other legal texts.

Prohibition violated the health, honour and dignity of the person in custody, was examined by administrative procedures.

Individuals, organizations were to apply the measures provided for in this Article and articles 23, 24, 25, 26 and 27 of this Ordinance can complain to the Agency's direct superior, who conducted the measures or to complain to the people's Procuratorate.

Article 23. The custody under administrative procedures 1. The detention of people according to the administrative procedure only applies in the following cases: a) to the competent State agencies need to collect, verify important details as a basis to decide the sanction administrative violations;

b) when should stop, suspend immediately the disturbing public order.

2. Who are the custody decision under administrative procedures are: a) the President of the people's Committee of the commune; Chief of police; The Chief or Deputy Chief of police at district level; The head, Deputy Head of the provincial public security Department; heads, Deputy Heads of police mobile units; the seed head nuts foresters; Head of unit customs at the border, gate;

b) Commander of the frontier and border guard units stationed on the border, Islands;

c) the Commander of the aircraft, ships, planes, ships were leaving the airport, the harbor.

3. At the request of the person detained, State agencies, decide the custody must notify the relatives of the family, the work place or study of them. When juvenile custody administrative violations on six now have to notify a parent or guardian of them.

The time limit for keeping the administrative infringement not be so twelve hours, in case of need, time keeping can last longer, but no more than twenty-four hours from the time of keeping the breaks.

For those who violate the regulations of the border or make administrative violations in the distant mountains, secluded forests, Islands, the time limit of detention may last longer, but no more than four to eight hours.

4. All cases of detention of people must have decided in writing and must be delivered to the custody of a.

Article 24. Visit the following administrative procedures 1. Only the competent authorities are conducting the examination the following administrative procedures when there are grounds for review the person hiding in the objects, documents, means of administrative violations.

2. Only those specified in paragraph 2 to article 23 of this new Ordinance was decided to visit people under administrative procedures.

3. Before conducting the examination, the examination must inform the decision to the person being examined to know and ask them to take out objects, documents, means of administrative violations are hiding to investigate. If the person being examined refused to conduct compulsory examination.

4. When the examination, male of female, male and female examinations examinations must have the same gender witness.

5. Officers, soldiers of the people's police, the border guard, the wardens, the customs, the Commander of the aircraft, ships are allowed to visit people under the administrative procedure, if the base is confirmed that the person hiding in the objects, documents, means of administrative violations and must then notify the head of the unit.

6. All cases examined who are to set the minutes and must be delivered to the person being examined a.

Article 25. Visit the means of transport, the items of administrative procedures 1. The visit to a means of transport, the items under the administrative procedure be conducted only when there are grounds for that in the means of transport, objects have hiding exhibits administrative violations.

2. Officers, soldiers of the people's police, the border guard, customs, Tax, Ranger service, inspectors are on duty have the right to visit the means of transport, objects.

3. When conducting the examination of means of transport, the items must have the home side vehicles, objects and a witness; in the case of server objects, means of absence must have two witnesses.

4. All cases examined means of transport, the items must be founded thereon and are delivered to the owners of means of transport, items a.

Article 26. Visit places of hiding evidence and means of administrative violations 1. Visit places of hiding evidence and means of administrative violations are conducted only when grounded to have exhibits, means of administrative violations in the hiding place.

2. The hiding place visit exhibits, means of administrative violations only be conducted when there is a written order of the head of the police at district level; the command must be clinics Director people's Procuratorate at the same level.

3. do not visit places of hiding evidence and means of administrative violations at night, except for cases not be delayed, but must specify the reason on the minutes; When the examination must be available where owners exploited or who have in their family and the presence of a witness.


4. All cases examined where hiding exhibits, means of administrative violations must be founded thereon and to the server where a screening device.

Article 27. Custody exhibits, means of administrative violations 1. When it deems necessary to prevent the administrative violation or immediately to verify these details as a basis to decide the sanction prescribed in clause 2 Article 23 of this directive have the right to decide the custody exhibits, means of administrative violations.

2. The decision to temporarily keep the exhibits, means of administrative violations are responsible for preserving the exhibits, which means. If this person's fault that exhibits, vehicle transfers, hit the switch, destroy the individuals they are responsible for compensation.

In the case of reviews should seal it must proceed immediately in front of the person or a representative of the organization use the exhibits, media representative or illegal, Government representatives and witnesses.

3. for exhibits, means of administrative violations not preserved are often must proceed to the auction and deposit money into the Bank.

Within a period of fifteen days from the time of detention, the State Agency and authority the decision of custody must handle the exhibits, hold by means of the measures stated in the decision to sanction or returned to the person, organization, use, if not apply fines or confiscation measures for them.

4. Temporarily hold exhibits, means of administrative violations must be decided in writing and must be delivered to the person, the representative of the organization use the exhibits, means that a.

Article 28. The decision to sanction 1. Within a period of fifteen days from the date of establishment of the minutes of administrative violations, State authorities, who have the authority to sanction sanction decisions for people, implementation of administrative violations.

2. The decision to sanction must specify day, month, year; the name of the Agency, the decision to sanction; name, address, occupation of the offense or the name, the address of the offending organization; details regarding the resolution of violations; the text name of the terms, the law regulating the administrative responsibility for that behavior; form and level of sanctions; measures to handle the exhibits, hold media; the signature of the sanction decision.

3. The decision to impose a fine of from 500,000 Dong over, decided to confiscate exhibits, valuable vehicles from 500,000 Dong upwards to send up the people's Procuracy.

4. for administrative violations need to adopt compensation measures of value under 100,000, State authorities, who have jurisdiction to sanction the compensation decision. If damages have value from 100,000 copper upwards then the compensation due to the two parties themselves agreed upon settlement or resolution under civil proceedings.

5. The decision to sanction must send to the person or organisation sanctioned at the latest within three days from the day the decision to sanction.

6. procedure for applying the measures sanctioning administrative violations and other administrative measures by the Council of Ministers Regulation.

Article 29. Handling of administrative violations with respect to juveniles 1. People from age 16 to under 18 years old must be responsible for the administration of any breach of his administration.

2. People from 14 years to under 16 years only fines for administrative violations done by intentionally; the form and the level of sanction against them is caution or impose a fine of up to 10,000.

For people under the age of 14, then no sanctions that apply to educational measures.

3. In the case of juveniles do not have money then forfeit the parents or guardian must forfeit instead.

4. decision on sanctions for violators when not enough 16 years isn't calculated to determine it.

Article 30. Transfer of records administrative violations to prejudice criminal liability When considering the offense showed signs of crime, the State Agency, the authority to transfer the profile for the criminal investigation agency has jurisdiction.

Article 31. Enforcement of punishment decisions 1. Personally, the organization sanctioned administrative penalties to enforce behavior immediately decided fines from the date assigned to decide punishments.

2. The organization sanctioned to enforce sanction decisions, and conduct define the error of those who directly caused administrative violations while enforcing the Department was given the responsibility begins to discipline, physical responsibility, civil liability in accordance with the law.

3. within five days from the date of the decision to effect sanctions that litigants not being enforced voluntarily comply.

Article 32. Coercive enforcement of the decision sanctioning administrative violations 1. The staff, the organization sanctioned administrative offense which does not voluntarily enforced sanctions decision within the time limit specified in article 31 of this Ordinance, comply with the following measures: a) deduct part of salary or income; deduct money from your account in the Bank;

b) levy of property for auction;

c) coercive enforcement of decisions on administrative measures according to the provisions of article 12 of this directive.

State authorities have jurisdiction to sanction has the task to organize the administrative coercion against individuals, organized the sanctioned administrative offense, if they do not voluntarily enforce its sanctions decision. The people's police force has the responsibility to enforce coercive administrative decisions of the Committee in the same people's level and in cooperation with the State authorities had decided to sanction and organize the administrative coercion when requested.

2. Individuals, organizations coerced Administration must bear all costs of the Organization of the implementation of coercive measures.

3. procedure for applying coercive administrative measures stipulated in paragraph 1 of this regulation by the Council of Ministers.

Article 33.  Handling of exhibits, means of administrative violations 1. With respect to exhibits, means of administrative violation confiscated shall state funds supplement decided to sanction and confiscated exhibits, that media must be delivered to financial institutions.

2. for exhibits, means of administrative violations of cultural products is debauchery, counterfeiting not worth using, they must set up Council to cancel processing.

3. for exhibits, means of administrative violations in the possession of the State, the collective or the individual has decided to return to the owner, the competent authority sanction of return to the owners.

4. for exhibits, means of administrative infringement not known by anyone, the Agency has the authority to enforce the decision are listed publicly, reported extensively on the mass media. Over the time limit of thirty days from the date of the notice, listed, if not identified the owner then supplements exhibits, that means on the State Fund.

Article 34. Time to enforce sanction decisions 1. The decision sanctioning administrative violations most effective, if from the decision was over a period of years.

2. In the case of decision sanctioning administrative violations complained of the time limit specified in paragraph 1 of this article extending more time by time resolved complaints.

3. The time prescribed in clause 1 of this article do not apply in the case of individuals, the Organization fined deliberately evade, delay implementation.

Article 35. Fines and penalties the penalty Money receipts collected are remitted to the State budget. Receipts management mode fine and forfeit money because the Council of Ministers Regulation.

Article 36. The complainant decided to sanction


1. Individuals, organizations sanctioned administrative violations or their representatives have the right to appeal the decision sanctioning administrative violations within ten days from the date of the decision on sanctions.

2. The complaint must be submitted to the supervisor of the sanction decision.

The complaint did not sanction decisions to suspend enforcement of punishment decisions.

Article 37. Complaint resolution decision sanctions 1. Within a period of fifteen days from the date of the complainant's direct superior authority decide sanction to consider complaints and out one of the following decisions: a) does not change the decision to sanction;

b) change forms, levels, sanctions measures;

c) Quash the decision to sanction and suspend the sanction;

For complex violations, complaints bodies can extend the time limit on, but not exceeding thirty days.

2. In case the Agency complaint resolution decision to change forms, levels, sanctions measures; cancel the decision to sanction and suspend the sanction, the complaints agency can decide compensation, reimbursement of the direct damages, if any.

As for the decision on compensation, reimbursement, if the victim does not agree, they can ask the Court to resolve by civil proceedings.

3. The decision of the competent authorities complaints have enforceable right.

Article 38. Solve the denunciation 1. The accusations about the behaviour or other unlawful abuse of State authorities, who have jurisdiction to sanction administrative violations due to the Agency's direct superior, competent people that consider, resolve.

2. Upon receipt of the report, the State Agency has the authority to review, and promptly answered within fifteen days, if the case is complex within thirty days from the date of the report.

Chapter V REWARDS, TREATS breach of article 39. Merit 1. People who have achievements in detecting administrative violations are rewarded under the general regime of the State and was awarded the money according to the ratio of 1% to 15% of the amount of the fine and valuable exhibits, vehicle seized.

2. The duty to be rewarded according the general regime for officers, workers, State officials.

The Council of Ministers Regulations commended for bodies, the unit has merits in the fight, against administrative violations.

Article 40. Handle violation of authority sanctioning administrative violations because of service or because of other personal motive which breach the provisions on sanctioning administrative violations; who do not have the authority to sanction administrative violations that arbitrarily punish, then depending on the nature and extent of the breach being disciplined or prejudice criminal liability; If the physical damage caused to the State, organizations or citizens, the right to compensation.

Chapter VI FINAL PROVISIONS Article 41. This Ordinance is effective as from 1 January 1990, Article 42.

The provisions on sanctioning administrative violations previously opposed this Ordinance were repealed.