WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/VNM/E/3 
13 October 2008 
 (08-4852) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PROPERTY  
LAWS AND REGULATIONS NOTIFIED UNDER  
ARTICLE 63.2 OF THE AGREEMENT 
 
VIET NAM 
 The present document reproduces the text
1 of Order No. 03/2008/L-CTN of  12 April 2008 on 
the Promulgation of the Ordinance on Handling of Administrative Violations, notified by Viet Nam under Article 63.2 of the Agreement (see document IP/N/1/VNM/3).  
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
 
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA  
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE  
DE L'ARTICLE 63:2 DE L'ACCORD 
 
VIET NAM 
 Le présent document contient le texte1 de l'Arrêté n° 03/2008/L-CTN du 12 avril 2008 sur la 
promulgation de l'Ordonnance sur le traitement d es infractions administratives, notifié par le 
Viet Nam au titre de l'article 63:2 de l' Accord (voir le document IP/N/1/VNM/3). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA  
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD  
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO 
 
VIET NAM 
 En el presente documento se reproduce el texto1 de la Orden Nº 03/2008/L-CTN, de 12 de 
abril de 2008, por la que se promul ga la Orden relativa a la sustanciación de los casos de infracciones 
de carácter administrativo, notificada por Viet Nam en virtud de lo dispuesto en el párrafo 2 del 
artículo 63 del Acuerdo (véase el documento IP/N/1/VNM/3). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/VNM/E/3 
Page 2  
 
  THE STATE PRESIDENT
 
 
ORDER No. 03/2008/L-CTN OF APRIL 12, 2008, ON THE 
PROMULGATION OF THE ORDINANCE  
 
THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM 
 
Pursuant to Article 103 and Article 106 of the 1992 Constitution of the Socialist Republic of Vietnam, 
which was amended and supplemented under Resoluti on No. 51/2001/QH10 of December 25, 2001, of 
the Xth National Assembly, the 10th session; 
 
Pursuant to Article 19 of the Law on Or ganization of the National Assembly; 
 Pursuant to Article 51 of the Law on Promulgation of Legal Documents, 
 PROMULGATES:  
 The Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations, 
which was passed on April 2, 2008, by the Standing Committee of the XII
th National Assembly of the 
Socialist Republic of Vietnam. 
 President of the Socialist Republic of Vietnam NGUYEN MINH TRIET 
 
ORDINANCE ON HANDLING OF AD MINISTRATIVE VIOLATIONS 
(No. 04/2008/PL-UBTVQH12) 
 Pursuant to the 1992 Constitution of the Socialis t Republic of Vietnam, which was amended and 
supplemented under Resolution No. 51/2001/QH10;  
Pursuant to Resolution No. 11/2007/QH12 of th e National Assembly on the law- and ordinance-
making programs of its XII
th term (2007-2011) and 2008; 
 
The Standing Committee of the National Assembly promulgates the Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations.  Article 1.-   
 To amend and supplement a number of articles of  the Ordinance on Handling of Administrative 
Violations: 
 
1. To amend and supplement Article 12 into the following:  
“Article 12.-  Forms of sanction for administrative violations and remedies 
 1. For each act of administrative violation, the violat ing individuals or organizat ions will be subject to 
one of the following principal forms of sanction:  
a/ Caution;  IP/N/1/VNM/E/3 
 Page 3 
 
 
   
b/ Fine.  2. Depending on the nature and seriousness of thei r violations, individuals or organizations that 
commit administrative violations may also be subject to one or more of the following additional forms 
of sanction: 
 a/ Deprivation of the right to use licenses or professional practice certificates;  b/ Confiscation of material evidence and means used in administrative violations. 
 
3. Apart from the forms of sanction specified in Cl ause 1 and Clause 2 of this Article, the violating 
individuals and organizations may also be subject to  the application of one or several of the following 
remedies:  
a/ Forced restoration of the initial state altered due to the administrative violation or forced 
dismantlement of illegally constructed works;  b/ Forced application of measures to overcome the environmental pollution or epidemic spread caused 
by the administrative violation;  
c/ Forced bringing out of the Vietnamese territory  or forced re-export of goods, articles and means; 
 d/ Forced destruction of articles harmful to human  health, domestic animals or cultivated plants, and 
of harmful cultural products;  
e/ Other remedies as decided by competent persons according to the Government’s regulations. 
 4. Foreigners who commit administrative violations  may also be sanctioned by expulsion. Expulsion 
may be applied as a principal or an additional form of sanction on a case-by-case basis.” 
 
2. To amend and supplement Article 14 into the following: 
 “Article 14.- Fines 
 1. Fine levels imposed for administrative vi olations range from VND 10,000 to VND 500,000,000. 
 
2. Depending on the nature and seriousness of violati ons, the maximum fine levels applicable to state 
management domains are prescribed as follows:  a/ A fine of up to VND 30,000,000 may be imposed for acts of administrative violation in the domains of security, social order and safety; tr affic works management and protection; irrigation 
works exploitation and protection; labor; measure ment and product and goods quality; accounting; 
statistics; justice; social insuran ce; and fire prevention and fighting; 
 b/ A fine of up to VND 40,000,000 may be impo sed for acts of administrative violation in the 
domains of road traffic; inland waterway traffic;  culture and information; tourism; social evils 
prevention and combat; dikes and flood and storm prev ention and fighting; health; pricing; electricity; 
plant protection and quarantine; a quatic resource protection; veteri nary; plant varieties; livestock 
breeds; defense; population and children; overseas gu est workers; vocational training; and national 
boundaries;  IP/N/1/VNM/E/3 
Page 4  
 
  c/ A fine of up to VND 70,000,000 may be imposed for acts of administrative violation in the 
domains of trade; charges and fees; customs; ra diation safety and control; railway traffic; post, 
telecommunications and radio frequencies; tec hnology transfer; insurance business; industrial 
explosive management; and physical training and sports;  
d/ A fine of up to VND 100,000,000 may be imposed for acts of administrative violation in the 
domains of ocean shipping; civil aviation; science and technology; survey and mapping; education; information technology; water resources; and taxation;  
 e/ A fine of up to VND 500,000,000 may be imposed for acts of administrative violation in the 
domains of environmental protection; securities; construction; land; banking; intellectual property; 
forest management, forest protection and forest pr oduct management; investigation, exploration and 
exploitation of marine resources, oil and gas and other minerals.  3. For acts of administrative violation in the state management domains not yet prescribed in Clause 2 
of this Article, the Government shall stipulate fine levels which, however, must not exceed VND 
100,000,000.  When a law provides for a maximum fine level diffe rent from those stipulated in this Article, the 
provisions of such law prevail.”  
 
3. To add the following Article 21a to Article 21: 
 
“Article 21a.-  Expenses for taking remedies 
 In case individuals or organizations are unable to ta ke remedies for consequences caused by their acts 
of administrative violation specified in Articles 18, 19, 20 and 21 of this Ordinance or they flee away 
but taking remedies is extremely urgent to protect the environment or ensure uninterrupted traffic or social order and safety, competent management agencies may use funds from their allocated state 
budgets to take such remedies. Violating individua ls and organizations sha ll repay such funds to 
remedy-taking agencies.”      
 
4. To amend and supplement Article 28 into the following: 
 
“Article 28.-  Competence of commune-level People’s Committee presidents to handle administrative 
violations  
Commune-level People’s Committee presidents have the power to: 
 1. Impose caution;  2. Impose fines of up to VND 2,000,000;  
3. Confiscate material evidence and means used in administrative violations valued at up to 
VND 2,000,000;  4. Compel the restoration of the initial state altered due to administrative violations;  
5. Compel the taking of remedies for environm ental pollution or epidemic spread caused by 
administrative violations;  6. Compel the destruction of articles which ar e harmful to human health, domestic animals and 
cultivated plants; and of harmful cultural products;  IP/N/1/VNM/E/3 
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7. Decide on the application of the measure of edu cation at commune, ward or district township.” 
 
5. To amend and supplement Article 29 into the following:  
“Article 29.-  Competence of district-level People’s Committee presidents to handle administrative 
violations  District-level People’s Committee presidents have the power to:  
1. Impose caution; 
 2. Impose fines of up to VND 30,000,000;  3. Deprive of the right to use licenses or pr ofessional practice certificates falling under their 
competence; 
 4. Confiscate material evidence and means used for administrative violations;  5. Take remedies specified at Points a, b and d, Clause 3, Article 12 of this Ordinance;  
6. Decide to apply the measure of confinement to a reformatory; 
 7. Decide to apply the measure of confin ement to a medical treatment establishment.” 
 
6. To amend and supplement Article 31 into the following: 
 “Article 31.-  Competence of People’s Police to handle administrative violations  
 1. People’s police officers on duty have the power to:  a/ Impose caution; 
 
b/ Impose fines of up to VND 200,000.  2. Station heads and team heads of persons define d in Clause 1 of this Article have the power to: 
 
a/ Impose caution; 
 b/ Impose fines of up to VND 500,000.  3. Commune-level police chiefs may apply sanctions  against administrative violations specified in 
Article 28 of this Ordinance, except the measure of  education at commune, ward or district town. 
 
4. District-level police chiefs have the power to:  a/ Impose caution;  
b/ Impose fines of up to VND 10,000,000; 
 c/ Deprive of the right to use licenses or professional practice certificates falling under their competence;  IP/N/1/VNM/E/3 
Page 6  
 
  d/ Confiscate material evidence and means used in administrative violations; 
 e/ Apply remedies specified at Points a, b and d of Clause 3, Article 12 of this Ordinance. 
 5. Heads of Police Bureaus for Administrative Mana gement of Social Order, heads of Order Police 
Bureaus, Police Bureaus for Investigation into Social Order-Related Crimes, Police Bureaus for 
Investigation into Economic Management Order and Position-Related Crimes, Police Bureaus for 
Investigation into Drug- Related Crimes, Road and Railway Traffic Police Bureaus, Waterway Traffic 
Police Bureaus, Fire Prevention and Fighting Polic e Bureaus, Judicial Protection and Assistance 
Police Bureaus, Environmental Police Bureaus, Im migration Management Bureaus, Mobile Police 
units of  company or higher level; and police sta tions or posts at border gates or export processing 
zones have the power to:  a/ Impose caution;  
b/ Impose fines of up to VND 10,000,000; 
 c/ Deprive of the right to use licenses and professional practice certificates falling under their competence;  d/ Confiscate material evidence and means used in administrative violations; 
 
e/ Apply remedies specified at Points a, b a nd d, Clause 3, Article 12 of this Ordinance. 
 6. Directors of provincial-level Police Depa rtments and Fire Prevention and Fighting Police 
Departments have the power to: 
 
a/ Impose caution;  b/ Impose fines of up to VND 30,000,000;  c/ Deprive of the right to use licenses and professional practice certificates falling under their 
competence; 
 d/ Confiscate material evidence and means used for administrative violations;  e/ Apply remedies specified at Points a, b a nd d, Clause 3, Article 12 of this Ordinance. 
 
f/ Directors of provincial-level Police Departments have the power to apply the sanction of expulsion 
as decentralized by the Minister of Public Security.   7. The directors of the Police Department for Admi nistrative Management of Social Order, the Police 
Department for Investigation into Social Or der-Related Crimes, the Police Department for 
Investigation into Economic Management Order- a nd Position-Related Crimes, the Police Department 
for Investigation into Drug-Related Crimes, the Road and Railway Traffic Police Department, the 
Waterway Traffic Police Department, the Fire Prevention and Fighting Police Department, the 
Judicial Protection and Assistance Police Department , and the Environmental Police Department have 
the power to: 
 
a/ Impose caution;  b/ Impose fines of up to maximum levels applicab le to domains under thei r respective management 
specified in Clause 2 and Clause 3, Article 14 of this Ordinance;  IP/N/1/VNM/E/3 
 Page 7 
 
 
   
c/ Deprive of the right to use licenses and professional practice certificates falling under their competence;  d/ Confiscate material evidence and means used in administrative violations; 
 
e/ Apply remedies specified at Points a, b a nd d, Clause 3, Article 12 of this Ordinance. 
 8. The director of the Immigration Management  Department has the power to impose sanctions 
according to Clause 7 of this Article and decide to apply the sanction of expulsion as decentralized by 
the Minister of Public Security.  
 9. The Minister of Public Security shall decide on the application of the sanction of expulsion.” 
 
7. To amend and supplement Article 32 into the following: 
 “Article 32.- Competence of the border guard to handle administrative violations 
 1. Border guard soldiers on duty have the power to:  a/ Impose caution; 
 
b/ Impose fines of up to VND 200,000.  2. Team leaders of the persons defined in Clause 1 of this Article, and chiefs  of border-guard control 
stations have the power to: 
 
a/ Impose caution;  b/ Impose fines of up to VND 500,000.  3. Border guard post chiefs, border guard flotilla  commanders, sub-regional border guard commanders 
and port border guard commanders have the power to: 
 a/ Impose caution;  b/ Impose fines of up to VND 10,000,000; 
 
c/ Confiscate material evidence and mean s used in administrative violations; 
 d/ Apply remedies specified at Points a, b a nd d, Clause 3, Article 12 of this Ordinance. 
 4. Provincial-level border guard commanders an d commanders of border guard fleets under the 
Border Guard Command have the power to: 
 a/ Impose caution;  b/ Impose fines of up to maximum levels app licable to the domains under their respective 
management specified at Points a, b, c and d of Clause 2 and Clause 3, Article 14 of this Ordinance; 
 c/ Confiscate material evidence and mean s used in administrative violations; 
 d/ Apply remedies specified at Points a, b a nd d, Clause 3, Article 12 of this Ordinance.” IP/N/1/VNM/E/3 
Page 8  
 
   
8. To amend and supplement Article 33 into the following:  
“Article 33.- Competence of the coast guard to handle administrative violations 
 
1. Members of coast guard operation teams on duty have the power to: 
 a/ Impose caution;  b/ Impose fines of up to VND 500,000. 
 
2. Heads of coast guard operation units have the power to:  a/ Impose caution;  
b/ Impose fines of up to VND 1,000,000. 
 3. Heads of coast guard operation teams have the power to:  a/ Impose caution;  
b/ Impose fines of up to VND 5,000,000. 
 4. Coast guard flotilla captains have the power to:  a/ Impose caution; 
 
b/ Impose fines of up to VND 10,000,000;  c/ Apply remedies specified at Points a, b a nd d, Clause 3, Article 12 of this Ordinance. 
 5. Coast guard fleet commanders have the power to: 
 
a/ Impose caution;  b/ Impose fines of up to VND 20,000,000;  
c/ Confiscate material evidence and mean s used in administrative violations; 
 d/ Apply remedies specified at Points a, b a nd d, Clause 3, Article 12 of this Ordinance. 
 6. Coast guard region commanders have the power to:  
a/ Impose caution; 
 b/ Impose fines of up to VND 30,000,000;  c/ Confiscate material evidence and mean s used in administrative violations; 
 
d/ Apply remedies specified at Points a, b a nd d, Clause 3, Article 12 of this Ordinance. 
  IP/N/1/VNM/E/3 
 Page 9 
 
 
  7. The director of the Coast Guard Department has the power to: 
 a/ Impose caution;  b/ Impose fines of up to maximum levels app licable to the domains under his/her management 
specified at Clauses 2 and 3, Article 14 of this Ordinance; 
 c/ Deprive of the right to use licenses and prof essional practice certificates falling under his/her 
competence;  
d/ Confiscate material evidence and means used in administrative violations; 
 e/ Apply remedies specified at Points a, b a nd d, Clause 3, Article 12 of this Ordinance.” 
 9. To amend and supplement Article 34 into the following: 
 
“Article 34.-  Competence of customs to handle administrative violations 
 1. Customs officers on duty have the power:  a/ Impose caution; 
 
b/ Impose fines of up to VND 200,000.  2. Operation team leaders under Customs Sub-De partments and Post-Clearance Examination Sub-
Departments have the power to: 
 
a/ Impose caution;  b/ Impose fines of up to VND 5,000,000.  3. Heads of Customs Sub-Departments and Post-Clearance Inspection Sub-Departments, heads of 
control teams of provincial, inter-provincial, m unicipal Customs Departments (below collectively 
referred to as Customs Departments), leaders of  Anti-Smuggling Control Teams and commanders of 
sea control flotillas under the Anti-Smuggle Investiga tion Department of the General Department of 
Customs have the power to:  
a/ Impose caution; 
 b/ Impose fines of up to VND 20,000,000;  c/ Confiscate material evidence and mean s used in administrative violations. 
 
4. Directors of Anti-Smuggling Investigation Depa rtments, Post-Clearance Inspection Departments 
and Customs Departments have the power to:  a/ Impose caution;  
b/ Impose fines of up to maximum levels applicable  in the customs and taxation domains specified at 
Points c and d, Clause 2, Article 14 of this Ordinance;  c/ Deprive of the right to use licenses falling under their respective competence; 
 IP/N/1/VNM/E/3 
Page 10  
 
  d/ Confiscate material evidence and means used in administrative violations; 
 e/ Apply remedies specified at Points c and d, Clause 3, Article 12 of this Ordinance. 
 
10. To amend and supplement Article 35 into the following: 
 “Article 35.- Competence of the Ranger to handle administrative violations 
 1. Ranger officers on duty have the power to:  
a/ Impose caution; 
 b/ Impose fines of up to VND 200,000.  2. Ranger station chiefs have the power to: 
 
a/ Impose caution;  b/ Impose fines of up to VND 5,000,000;  c/ Confiscate material evidence and means used in administrative violations valued at up to 
VND 20,000,000. 
 3. Heads of ranger units, heads of Forest Produc ts Re-Inspection Sub-Departments and heads of 
Mobile Ranger teams have the power to:  
a/ Impose caution; 
 b/ Impose fines of up to VND 10,000,000;  c/ Confiscate material evidence and means used in administrative violations valued at up to 
VND 30,000,000; 
 
d/ Compel the restoration of the initial state altered due to administrative violations.  4. Directors of Ranger Sub-Departments and heads of ranger task force teams have the power to: 
 
a/ Impose caution;  
 b/ Impose fines of up to VND 20,000,000;  c/ Deprive of the right to use licenses and professional practice certificates falling under their competence; 
 
d/ Confiscate material evidence and means used in administrative violations;  e/ Apply remedies specified at Points a, b a nd d, Clause 3, Article 12 of this Ordinance. 
 
5. The director of the Ranger Department has the power to: 
 a/ Impose caution;   IP/N/1/VNM/E/3 
 Page 11 
 
 
  b/ Impose fines of up to maximum levels in the field of forest management, forest protection and 
forest product management specified at Point e, Clause 2, Article 14 of this Ordinance;  c/ Deprive of the right to use licenses and prof essional practice certificates falling under his/her 
competence; 
 
d/ Confiscate material evidence and means used in administrative violations;  e/ Apply remedies specified at Points a, b a nd d, Clause 3, Article 12 of this Ordinance.” 
 
11. To amend and supplement Article 36 into the following:  
“Article 36.- Competence of tax offices to handle administrative violations 
 Unless fine levels are otherwise prescribed by  law, the following persons have the power to: 
 
1. Tax officers on duty:  a/ Impose caution;  b/ Impose fines of up to VND 200,000. 
 
2. Tax station chiefs and tax team leaders:  a/ Impose caution;  
b/ Impose fines of up to VND 5,000,000. 
 3. District-level Tax Department directors:  a/ Impose caution;  
b/ Impose fines of up to VND 20,000,000; 
 c/ Confiscate material evidence and mean s used in administrative violations. 
 4. Provincial-level Tax Department directors: 
 
a/ Impose caution;  b/ Impose fines of up to the maximum level applicab le in the taxation domain specified at Point d, 
Clause 2, Article 14 of this Ordinance;  
c/ Confiscate material evidence and mean s used in administrative violations.” 
 
12. To amend and supplement Article 38 into the following:  
“Article 38.-  Competence of specialized inspectorates to handle administrative violations 
 
1. Specialized inspectors on duty have the power to:  a/ Impose caution;  IP/N/1/VNM/E/3 
Page 12  
 
  b/ Impose fines of up to VND 500,000; 
 c/ Confiscate material evidence and means used in administrative violations valued at up to 
VND 2,000,000;  
d/ Apply remedies specified at Points a, b and d, Clause 3, Article 12 of this Ordinance, except for 
forced dismantlement of ille gally constructed works. 
 2. Specialized chief inspectors of provin cial-level Services have the power to: 
 
a/ Impose caution; 
 b/ Impose fines of up to VND 30,000,000;  c/ Deprive of the right to use licenses and professional practice certificates falling under their 
competence; 
 d/ Confiscate material evidence and means used in administrative violations;  e/ Apply remedies specified at Points a, b a nd d, Clause 3, Article 12 of this Ordinance. 
 
3. Specialized chief inspectors of ministries or ministerial-level agencies have the power to: 
 a/ Impose caution;  b/ Impose fines of up to maximum levels app licable in the domains under their respective 
management specified at Clause 2 and Clause 3, Article 14 of this Ordinance; 
 c/ Deprive of the right to use licenses and professional practice certificates falling under their respective competence;  d/ Confiscate material evidence and means used in administrative violations; 
e/ Apply remedies specified at Points a, b a nd d, Clause 3, Article 12 of this Ordinance.” 
 
13. To amend and supplement Article 39 into the following:  
“Article 39.- Competence of directors of seaport authorities, inland river port authorities and airport 
authorities to handle administrative violations 
 Directors of seaport authorities, inland river port authorities and airport authorities have the power to:  1. Impose caution;  
2. Impose fines of up to VND 10,000,000; 
 3. Deprive of the right to use licenses and pr ofessional practice certificates falling under their 
respective competence;  
4. Confiscate material evidence and means used in administrative violations; 
 5. Apply remedies specified at Points a, b a nd d, Clause 3, Article 12 of this Ordinance.” 
  IP/N/1/VNM/E/3 
 Page 13 
 
 
  14. To amend and supplement Article 40 into  the following Article 40 and Article 40a: 
 
“Article 40.-  Competence of People’s Courts to handle administrative violations 
 1. Judges chairing court sessions have the power to: 
 
a/ Impose caution;   b/ Impose fines of up to VND 2,000,000;  
c/ Confiscate material evidence and mean s used in administrative violations. 
 2. Judges assigned to settle bankruptcy cases have the power to:  a/ Impose caution;  
 
b/ Impose fines of up to VND 10,000,000;  c/ Confiscate material evidence and mean s used in administrative violations. 
 3. Presidents of district-level People’s Courts, prov incial-level People’s Courts and regional Military 
Courts have the power: 
 a/ Impose caution;   b/ Impose fines of up to VND 15,000,000; 
 
c/ Confiscate material evidence and mean s used in administrative violations. 
 4. Presidents of provincial-level People’s Courts an d military zone- or equivalent level military courts 
and the president of the Supreme People’s Court have the power to:  
a/ Impose caution;  
 b/ Impose fines of up to VND 20,000,000;  c/ Confiscate material evidence and mean s used in administrative violations. 
 
Article 40a.-  Competence of civil judgment enforcement ag encies to handle administrative violations 
 1. Civil judgment enforcers on duty have the power to:  a/ Impose caution; 
 
b/ Impose fines of up to VND 200,000.  2. Heads of district-level civil judgment  enforcement agencies have the power to: 
 
a/ Impose caution; 
 b/ Impose fines of up to VND 500,000.  IP/N/1/VNM/E/3 
Page 14  
 
  3. Heads of provincial-level civil judgment enforcement agencies and military-zone judgment 
enforcement agencies have the power to:  a/ Impose caution;  
b/ Impose fines of up to VND 1,000,000. 
 4. Civil judgment enforcers who are leaders of  property liquidation and management groups in 
bankruptcy cases have the power to:  
a/ Impose caution; 
 b/ Impose fines of up to VND 5,000,000.” 
 
15. To add the following Articles 40b, 40c and 40d to Article 40a: 
 “Article 40b.-  Competence of heads of overseas Vietnamese diplomatic missions, consulates and 
other agencies authorized to perform consular f unctions, and the director of the Overseas Labor 
Management Department to ha ndle administrative violations 
 1. Heads of overseas Vietnamese diplomatic missions, consulates and other agencies authorized to 
perform consular functions have the power to: 
 a/ Impose caution;  b/ Impose fines of up to VND 10,000,000;  
 
c/ Apply the measure of compelling overseas guest wo rkers to return home under Clause 6, Article 75 
of the Law on Vietnamese Guest Workers Working Under Contracts.  2. The director of the Overseas Labor Management Department has the power to:  
a/ Impose caution; 
 b/ Impose fines of up to VND 40,000,000;   c/ Apply additional sanctions specified at Point b, Clause 3, Article 75 of the Law on Vietnamese 
Guest Workers Working Under Contracts; 
 d/ Apply remedies specified in Clause 4, Artic le 75 of the Law on Vietnamese Guest Workers 
Working Under Contracts. 
 
Article 40c.-  Competence of the Chairman of the Competition Council and the head of the 
Competition Management Agency to handle administrative violations  
 Unless otherwise provided for by law, the following persons have the power: 
 1. The director of the Competition Management Department: 
 
a/ Impose caution;  b/ Impose fines of up to VND 70,000,000;   IP/N/1/VNM/E/3 
 Page 15 
 
 
  c/ Confiscate material evidence and mean s used in administrative violations; 
 d/ Deprive of the right to use licenses and pr ofessional practice certificates falling under their 
respective competence.  
2. The Chairman of the Competition Council: 
 a/ Impose caution;  b/ Impose fines of up to VND 70,000,000; 
 
c/ Confiscate material evidence and mean s used in administrative violations; 
 d/ Apply remedies specified at Points a, b a nd d, Clause 3, Article 12 of this Ordinance. 
 
Article 40d.-  Competence of the State Securities Commission to handle administrative violations  
 1. The chief securities inspector has the power to:  a/ Impose caution;  
b/ Impose fines of up to VND 70,000,000. 
 2. The Chairman of the State Securities Commission has the power to:  a/ Impose caution; 
 
b/ Impose fines of up to the maximum level applicable  in the securities domain specified at Point e, 
Clause 2, Article 14 of this Ordinance;  c/ Apply additional forms of sanction and remedies specified in Clause 2 and Clause 3, Article 119 of 
the Securities Law.”  16. To amend and supplement Article 41 into the following: 
 
“Article 41.-  Authorization of the power to handle administrative violations 
 
Persons competent to handle administrative violations  defined in Articles 28, 29 and 30; Clauses 2, 3, 
4, 5, 6, 7 and 8 of Article 31; Clauses 2, 3 and 4 of  Article 32; Clause 3, 4, 5, 6 and 7 of Article 33; 
Clauses 2, 3 and 4 of Article 34; Clauses 2, 3, 4 a nd 5 of Article 35; Clauses 2, 3 and 4 of Article 36; 
Clause 2, 3 and 4 of Article 37; Clauses 2 and 3 of Article 38; Article 39; Clauses 3 and 4 of 
Article 40; Clauses 2 and 3 of Ar ticle 40a, Article 40b, Article 40c and Article 40d of this Ordinance 
may authorize their deputies to exercise the power  to handle administrative violations. Authorized 
deputies shall take responsibility to their heads a nd law for their decisions to handle administrative 
violations.” 
 
17. To amend and supplement Article 42 into the following:  
“Article 42.- Principles for determining the competence to handle administrative violations 
 1. Presidents of People’ Committees at all levels are competent to sanction administrative violations 
in state management domains in their respective localities.  IP/N/1/VNM/E/3 
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  Persons competent to sanction administrative viola tions defined in Articles 31 thru 40d of this 
Ordinance are competent to sanction administrative violations in the domains and branches falling under their respective management.  Where an administrative violation falls under the sa nctioning competence of more than one person, 
sanctioning shall be effected by the person who first receives and processes the case. 
 2. The sanctioning competence of the persons define d in Articles 28 thru 40d of this Ordinance is 
applicable to a single act of administrative viola tion. In case of fine, the sanctioning competence shall 
be determined on the basis of the maximum level of  the fine table prescribed for each specific act of 
violation. 
 3. In case a person is sanctioned for more than one act of administrative violation, the sanctioning 
competence shall be determined on the following principles:  
a/ If the sanctioning form and level prescribed for each act fall under the competence of the 
sanctioning person, the sanctioning competence also rests with such person;  b/ If the sanctioning form and level prescribed for one of the acts fall beyond the competence of the 
sanctioning person, he/she shall transfer the case of violation to an authority with sanctioning 
competence; 
 
c/ If acts fall within the sanctioning competence of more than one person in different branches, the sanctioning competence will belong to the Pe ople’s Committee president with sanctioning 
competence in the locality where the violation is committed.”  
18. To amend and supplement Article 45 into the following: 
 
“Article 45.-  Competence to keep persons in custod y according to administrative procedures 
 1. The following persons may decide to keep persons in custody according to administrative 
procedures: 
 
a/ Commune/ward/township People’s Committ ee presidents and ward police chiefs; 
 b/ District police chiefs;  
c/ Heads of Police Bureaus for Administrative Mana gement of Social Order, Order Police Bureaus, 
Road and Railway Traffic Police Bureaus, Waterw ay Traffic Police Bureau s, Police Bureaus for 
Investigation into Economic Management Order and Position-Related Crimes, Police Bureaus for 
Investigation into Social Order-Related Crimes, Po lice Bureaus for Investigation into Drug-Related 
Crimes and Immigration Management Bureaus of provincial-level Police; 
 
d/ Heads of mobile police units of company or hi gher levels and heads of border-gate police stations; 
 e/ Heads of ranger units and leaders of mobile ranger teams;  f/ Heads of Customs Sub-Departments, leaders of Control Teams of Customs Departments, leaders of 
Anti-Smuggling Control Teams and leaders of sea control flotillas under the Anti-Smuggling 
Investigation Department of the General Department of Customs; 
 g/ Leaders of market management teams;   IP/N/1/VNM/E/3 
 Page 17 
 
 
  h/ Commanders of border guard sub-regions,  comm anders of border guard fleets, commanders of 
border guard flotillas, heads of border guard posts and commanders of border guard units stationed in 
border regions and islands;  i/ Commanders of coast guard flotillas and fleets; 
 
j/ Airplane or ship captains when airplanes or ships have left airports or seaports. 
 2. Persons defined in Clause 1 of this Article may authorize their deputies to exercise the power to 
keep persons in custody according to administrativ e procedures and authorize the taking of measures 
to stop administrative violations and ensure th e handling of other administrative violations. 
Authorization must be effected in writing. Authori zed deputies shall take responsibility to their heads 
and law for their custody decisions.  19. To amend and supplement Article 46 into the following:  
“Article 46.-  Seizure of material evidence and means of administrative violations  
 1. Seizure of material evidence and means of ad ministrative violations may apply only to cases in 
which it is necessary to verify circumstances used as a basis for deciding to handle or immediately 
stop administrative violations. 
 
Persons defined in Article 45 of this Ordinance,  chief specialized inspectors of provincial-level 
Services and chief specialized inspectors of ministri es and  ministerial-level agencies, directors of 
seaport authorities, directors of inland river port authorities and directors of airport authorities may decide to seize material evidence and me ans used in administrative violations. 
 
2. In case there are grounds to believe that the material evidence and means of administrative 
violations can be dispersed or destroyed if they are not seized immediately, immediate superiors of 
people’s police officers, border guards, ranger offi cers, customs officers, market controllers or 
specialized inspectors may decide to seize such material evidence and means. Within 24 hours after 
the decisions are issued, the decision issuers shall re port to their superiors who are competent to seize 
material evidence and means of administrative viola tions defined in Clause 1 of this Article and get 
their written consent; in case of failure to get writte n consent of such persons, the decision issuers 
shall immediately cancel their seizure decisions an d return the seized articles, money, goods and 
means.  
3. Persons who have issued decisions on the seizure  of material evidence and means of administrative 
violations shall make records of the seizure, which must clearly state the names, quantities, categories 
of the seized material evidence and means and be sign ed by the decision issuer and the violator. They 
have the responsibility to preserve those material evidence and means; if the material evidence and 
means are lost, sold or damaged due to their fault, they shall pay compensations therefor. 
In case the material evidence and m eans need to be sealed, the sealing must be conducted in front of 
the violators; if the violators are absent, the sealing must be conducted in front of their families’ 
representatives, organizations’ representatives, lo cal administration’s representatives and witnesses. 
 4. For Vietnamese currency, fore ign currencies, gold, silver, precious stones, precious metals, 
narcotics and other objects subject to special manage ment, they shall be preserved in accordance with 
law. 
 For material evidence being commodities and articl es which are easy to decay, the persons issuing 
decisions on their seizure shall handle them unde r Clause 3, Article 61 of this Ordinance. 
 IP/N/1/VNM/E/3 
Page 18  
 
  5. Within ten days from the date of seizure, the pe rsons who have issued the seizure decisions shall 
handle the seized material evidence and means with  measures indicated in the handling decisions or 
return them to the concerned individuals or organizat ions if the sanctioning fo rm of confiscation is not 
applied. This seizure duration may be prolonged in  complicated cases requiring verification but must 
not exceed sixty days counting from the date of sei zure. Prolongation of the duration of seizure of 
material evidence and means shall be decided by  persons defined in Clause 1 of this Article. 
 6. Seizure of material evidence and means of admi nistrative violations must be effected under written 
decisions enclosed with seizure records to be ha nded over to the violators or representatives of the 
violating organizations, one copy each.”  20. To amend and supplement Article 49 into the following:  
“Article 49.-  Search of places where material evidence and means of administrative violations are 
hidden 
 
1. Search of places where material evidence and mean s of administrative violations are hidden may be 
conducted only when there are grounds to believe th at material evidence and means of administrative 
violations are hidden in those places.  2. Persons defined in Article 45 of this Ordinance may decide to search places where material 
evidence and means of administrative violations are hidden; if such place is a residence, the search 
decision must be consented in writing by the dist rict-level People’s Committee president before the 
search is conducted.  3. Search of places where material evidence and m eans of administrative violations are hidden must 
be conducted in the presence of the owners of su ch places or members of their families and witnesses. 
In case the place owners or members of their families are absent while the search cannot be 
postponed, the presence of a representative of the local administration and two witnesses is required. 
 4. Search of places where material evidence and m eans of administrative violations are hidden must 
not be conducted at night, except in emergency cases or when the search cannot be finished before 
night, but the reason therefor must be cl early indicated in the search records. 
 5. All searches of places where material evidence a nd means of administrative violations are hidden 
must be effected under written decisions and recorded  in writing. Such decisions and records must be 
handed to the place owners, one copy each.”  21. To amend and supplement Article 54 into the following:  
“Article 54.- Simple procedures 
 For caution or fine of between VND 10,000 and 200 ,000, persons with sanctioning competence may 
issue decisions to sanction on the spot. For on-the-s pot sanctions, it is not required to make a written 
record, except for administrative violations detected  with the aid of professional technical devices.  
 A sanctioning decision must clearly state the date  of issuance; the full name and address of the 
violator or violating organization; act of violatio n; place where the violation is committed; full name 
and position of the decision issuer; and applicable legal provisions. Such decision must be handed to 
the sanctioned individual or organization, one co py each. When a caution is imposed on a minor, the 
caution decision must be sent to his/her parent or  guardian or the school where he/she is studying.  
  IP/N/1/VNM/E/3 
 Page 19 
 
 
  In case of fine, the decision must clearly state the fine level. Violating individuals and organizations 
may pay fines on the spot to the persons with sanc tioning competence who shall issue fine receipts to 
the fined persons.” 
 
22. To amend and supplement Article 55 into the following: 
 
“Article 55.- Making records of administrative violations 
 1. Upon detecting administrative violations in their respective management domains, persons with 
sanctioning competence on duty shall promptly make records thereof, except for cases of sanctioning 
according to simple procedures. When the administ rative violation does not fall under the sanctioning 
competence of the record maker, the record sha ll be promptly sent to a person with sanctioning 
competence for sanctioning.  For administrative violations detected by professi onal technical devices, a record shall be made 
immediately after violators are identified. 
 For administrative violations committed on aircraft or  ships, the aircraft or ship captains must make 
records thereof and send them to persons with san ctioning competence when the aircraft or ships 
return to the airports or seaports.  
2. An administrative violation record must clearly  indicate the date and place of making the record; 
full name and position of the record maker; full name , address and occupation of the violator or name 
and address of the violating organization; time, da te and location when and where the administrative 
violations occur; act of violation; measures taken to prevent the administrative violation and ensure 
sanctioning (if any); conditions of the seized materi al evidence and means (if any); statements of the 
violator or representative of the violating organizati on. If there are witnesses, victim or representative 
of the victim organization, their full names, address es and statements must be indicated in the record. 
If the administrative violator deliberately escapes or is absent from the place where the violation 
occurred for objective reason, the record must be si gned by a representative of the administration of 
the place where the violation occurred or by two witnesses.  
3. A record must be made in at least two copies; signed by the record maker and the violator or the 
representative of the violating organization. If there are witnesses, victims or representatives of the victim organizations, they must also sign the record . If the record consists of many pages, the persons 
mentioned in this Clause shall sign on each page. If the violator, the representative of the violating 
organization, witnesses, victims or representatives of  the victim organizations refuse to sign, the 
record maker shall write the reasons therefor in the record. 
 4. Records, when completely made, shall be hand ed to violating individuals or organizations, one 
copy each. If the case of violation is beyond the san ctioning competence of the record maker, the 
record maker must send the record to the person with sanctioning competence.” 
 
23. To add the following Article 55a to Article 55: 
 
“Article 55a.-  Use of professional technical devices ensuring traffic order and safety to detect and 
track down administrative violators  
1. Cameras, visual speedometers or other professional technical devices may be used in ensuring 
traffic order and safety in roads, railways, inland waterways, maritime navigation and civil aviation to 
detect and track down administrative violators.  IP/N/1/VNM/E/3 
Page 20  
 
  2. Evidence collected through professional technical  devices must be indicated in records of 
administrative violations.  3. The Prime Minister shall issue regulations on management and use and a list of professional technical devices used to collect evid ence of administrative violations.” 
 
24. To amend and supplement Article 57 into the following: 
 
“Article 57.-  Fining procedures 
 
1. Sanctioning with fines of over VND 200,000 must strictly comply with the provisions of 
Articles 55 and 56 of this Ordinance.  2. When fining, the specific fine level for an act of  administrative violation is the average of the fine 
bracket prescribed for such act; if extenuating ci rcumstances are involved, the fine level can be 
reduced but not to below the minimum level of the fine bracket; if aggravating circumstances are 
involved, the fine level may be increased but not beyond the maximum level of the fine bracket.  3. Where only a fine is imposed on the violati ng individual or organization, the person with 
sanctioning competence may temporarily seize the permit for circulation of the vehicle or driving license or other necessary relevant paper until such  individual or organization completely abides by 
the sanctioning decision. If the violating individual or organization does not have any of these papers, 
the person with sanctioning competence may temp orarily seize the material evidence or means in 
violation.  4. Fined individuals and or ganizations shall pay fines and get fine receipts. 
 
5. Collected fines must be remitted into the st ate budget via accounts opened at state treasuries. 
Fines may be paid in installments or lump sum within the time limit decided by persons with 
sanctioning competence.  6. The Government shall stipulate the payment of fi nes in installments and the management of fine 
receipts and fine money.” 
 25. To amend and supplement Article 61 into the following: 
 
“Article 61.-  Handling of material evidence and means used in administrative violations 
 
1. For confiscated material evidence and means used  in administrative violations, persons who have 
decided to confiscate them shall preserve  such material evidence and means. 
 If the material evidence and means used in admini strative violations are confiscated under decisions 
issued by competent persons of central agencies, they  shall be delivered to the provincial-level auction 
service center of the place where administ rative violations occur for auction. 
 If the material evidence and means used in admini strative violations are confiscated under decisions 
issued by competent persons of provincial-level ag encies, they shall be delivered to the provincial-
level auction service center of the place where the ag ency of the competent person who has issued the 
confiscation decision is headquartered for auction. 
 If the material evidence and means used in admini strative violations are confiscated under decisions 
issued by competent persons of district- or lower le vel agencies, a district-level auction board will be 
set up to auction such material evidence and means.  IP/N/1/VNM/E/3 
 Page 21 
 
 
   
Auction of material evidence and means used in administrative violations must be carried out 
according to the law on auction.  When confiscated material evidence and means cannot  be sold, the agency of the competent person 
that has issued the confiscation d ecision shall set up a board to liquidate the property in accordance 
with law.  Proceeds from the auction of material evidences and means used in administrative violations, after 
subtracting expenses according to law, must be remitted into the state budget via accounts opened at 
state treasuries. 
 2. For material evidence and means used in admi nistrative violations which are harmful cultural 
products, fake goods of no use value, articles harmful to human health, domestic animals or plants and 
must be destroyed or confiscated material eviden ce and means are of no use value, competent persons 
shall set up a handling board to destroy them. Depend ing on the nature of the material evidence and 
means, the handling board may be composed of representatives of concerned state bodies. The destruction of material evidence a nd means used for administrative violations must be recorded in a 
minute signed by members of the handling board.  For goods, articles and means forced to be brought out of the Vietnamese territory or forced to be re-
exported, the violating individuals or  organizations shall take them out  of Vietnamese territory within 
the time limit prescribed in the sanctioning decisions.  3. For material evidence used in administrative vi olations being goods and articles which are easy to 
decay, the persons competent to confiscate them sh all make records thereof and immediately organize 
their sale. The proceeds from the sale must be de posited into temporary custody accounts opened at 
state treasuries. If later, by decisions of competen t persons, such material evidence is confiscated, the 
proceeds shall be remitted into the state budget. In case such material evidence is not confiscated, the 
proceeds shall be returned to the la wful owners, managers or users. 
 4. For material evidence and means used in admini strative violations, except for those mentioned in 
Clauses 2 and 3 of this Article, of which the lawful  owners, managers or users are unidentified or 
these people do not come to receive them, the pers ons competent to confiscate them shall announce 
such on the mass media and post up notices at their o ffices; within thirty days from the date of public 
notice, if the lawful owners, managers or users cannot be identified or these persons do not come to 
receive them, competent persons shall issue decisi ons to confiscate the material evidence and means 
of violations for handling accordi ng to Clause 1 of this Article. 
 5. For material evidence and means illegally appropria ted and used in administrative violations, they 
must be returned to their lawful owners, managers or users.  6. Expenses for warehousing, yard storage and preser vation of material evidence and means used in 
administrative violations and other expenses complia nt with legal provisions may be subtracted from 
the proceeds from the sale of material evidence and means used in administrative violations. 
Charges for warehousing, yard storage and preservati on of material evidence and means shall not be 
collected if the owners of such material eviden ce and means are not at fault in the administrative 
violations or the measure of confiscation is not applied to their material evidence and means. 
 
7. Persons with material evidence and means used in  administrative violations which are seized shall 
pay charges for their warehousing, yard storage a nd preservation and other expenses as prescribed by 
law according to the duration of seizure within the ti me limit specified in Clause 5, Article 46 of this 
Ordinance. IP/N/1/VNM/E/3 
Page 22  
 
   
If the person with material evidence and means u sed in administrative violations who has been 
notified to receive the material evidence and means fails to come to receive them on time as notified, 
he/she shall pay charges for the warehousing, yard storage and preservation of the material evidence 
and means and other expenses for the time beyond th e notified deadline, unless he/she has a plausible 
reason. Past 30 days after the notified deadline, if  the person with the material evidence and means 
fails to come to receive them, the material evid ence and means will be handled according to Clause 4 
of this Article.” 
 
26. To amend and supplement Article 64 into the following: 
 “Article 64.- Compliance with decisions to sanction administrative violations 
 1. Individuals and organizations sanctioned for ad ministrative violations shall comply with the 
sanctioning decisions within ten days from the da te they are given the sanctioning decisions, unless 
otherwise provided for by law. 
 2. Past the time limit prescribed in Clause 1 of this Article, if the individuals or organizations sanctioned for administrative violations still fail to  voluntarily comply with the sanctioning decisions, 
they shall be forced to do so.  
27. To add the following Article 66a to Article 66: 
 
“Article 66a.-  Responsibilities of credit institutions in impl ementing decisions to enforce compliance 
with decisions on sanctioning administrative violations  
1. Upon receiving a decision to enforce compliance wi th the decision on sanctioning an administrative 
violation, the credit institution at which the indivi dual or organization against whom compliance is 
enforced shall retain in the account of that individual or organization a sum of money equivalent to the sum of money that individual or organization is ordered to pay by the competent agency or person 
that has issued the enforcement d ecision, if, at that time, the depos it account has a balance equal to or 
higher than the sum of money payable by that indivi dual or organization; at the same time, within ten 
days from the date of receipt of the enforcement d ecision, shall deduct and transfer the sum of money 
payable by that individual or organization from this deposit account into the state budget via a state treasury account; if the balance of the deposit account is smaller than the sum of money payable by 
that individual or organization, the credit instituti on shall still retain, deduct and transfer the balance. 
Five working days before deducting and transferri ng money, the credit institution shall notify that 
individual or organization of th e deduction and transfer but such  deduction and transfer does not 
require approval of that individual or organization.   2. A credit institution that fails to retain in the account of the individual or organization against whom 
compliance is enforced the sum of money as prescribed  in Clause 1 of this Article shall pay that sum 
of money by itself. The individual or organization against whom compliance is enforced shall refund 
the sum of money which the credit institution has pa id to the State. If the balance of the deposit 
account is less than the sum of money to be deduct ed and transferred, the individual or organization 
against whom compliance is enforced shall, apart from paying the sum of money already paid by the 
credit institution, pay to the State the deficit of the payable sum.  
3. If failing to deduct and transfer money, the credit  institution shall be imposed a fine equal to the 
sum of money which it fails to deduct and transfer  into the state budget via a state treasury account 
but not exceeding VND 500,000,000.”   IP/N/1/VNM/E/3 
 Page 23 
 
 
  28. To amend and supplement Article 67 into the following: 
 
“Article 67.-  Competence to issue enforcement decisions 
 The following persons are competent to issue en forcement decisions and tasked to organize 
enforcement of compliance with sanctioning deci sions of their own and their subordinates: 
 1. Presidents of commune-level, district-level or provincial-level People’s Committees;  2. Chiefs of police stations, chiefs of district-level  police, directors of provincial-level fire prevention 
and fighting police departments, directors of prov incial-level police, the director of the Police 
Department for Administrative Mana gement of Social Order, the di rector of the Police Department 
for Investigation into Social Order-Related Crim es, the director of the Police Department for 
Investigation into Economic Management Order- a nd Position-Related Crimes, the director of the 
Police Department for Investigation into Drug-Rela ted Crimes, the director of the Land and Railway 
Traffic Police Department, the director of the Waterw ay Traffic Police Department, the director of the 
Fire Prevention and Fighting Police Department, the director of the Immigration Management 
Department, the director of the Judicial Protection and Assistance Department and the director of the 
Environmental Police Department;  3. Heads of border guard posts, commanders of port border-gate border guard stations, commanders 
of provincial-level border guard s; commanders of border guard fleets under the Border Guard 
Command; and the director of the Coast Guard Department;  4. Directors of Customs Departments, the director  of the Post-Clearance Inspection Department, and 
the director of the Anti-Smuggling Investigati on Department under the Ge neral Department of 
Customs; 
 5. Heads of Ranger Sub-Departments and the director of the Ranger Department; 
 6. Directors of provincial Tax Departments;  
7. Heads of Market Management Sub-Department s and the director of the Market Management 
Department;  8. The director of the Overseas Labor Management Department; heads of overseas Vietnamese diplomatic missions, consulates, and other agencies authorized to perform the consular function; 
 
9. The director of the Competition Management Department;  10. The Chairman of the State Securities Commission;  11. Specialized chief inspectors of provincial-level services, specialized chief inspectors of ministries 
or ministerial-level agencies; 
 12. Directors of seaport authorities, directors of inland river port authorities and directors of airport authorities.   
13. Presidents of district-level People’s Courts , presidents of provincia l-level People’s Courts, 
presidents of regional military courts, presidents of military zone- and equivale nt level military courts, 
the president of the Supreme People’s Court, head s of provincial-level civil judgment enforcement 
agencies, and heads of military zone -level judgment enforcement agencies.” 
 IP/N/1/VNM/E/3 
Page 24  
 
  28. To amend and supplement Article 113 into the following: 
 
“Article 113.-  Handling of cases where a person is subject to both confinement to an educational 
establishment and confinement to a medical trea tment establishment or both confinement to a 
reformatory and confinement to a medical treatment establishment 
 
1. In case a person has committed an act in viola tion of law subject to both confinement to an 
educational establishment and confinement to a me dical treatment establishment or both confinement 
to a reformatory and confinement to a medical treat ment establishment, the measure of confinement to 
a medical treatment establishment will be applied. 
 
2. A drug addict who is classified as a dangerous  gangster shall be confined to an educational 
establishment or a reformatory, which sh all also help detoxify drug addicts. 
 3. In the period of detoxification and rehabilitation, if persons who are staying in a medical treatment 
establishment commit acts in violation of Point c, Clau se 2, Article 24 and Clause 2, Article 25 of this 
Ordinance, they shall be confined to an educational establishment or a reformatory. 
 Directors of medical treatment establishments shal l compile dossiers of proposal to confine to an 
educational establishment or a re formatory persons who commit acts specified in Clause 3 of this 
Article on the basis of their existing dossiers and re cords of new acts of violations and send them to 
presidents of district- or provincial-level Peopl e’s Committees that have issued decisions for 
consideration and application of the measure specifie d in Clause 1, Article 24 or Clause 1, Article 25 
of this Ordinance.  Procedures for considering confinement of the abov e persons to an educational establishment or a 
reformatory shall be carried out under the provisions of this Ordinance. 
 
Article 2.-  
 
1. This Ordinance takes effect on August 1, 2008.  
2. All previous regulations on handling of admini strative violations which are contrary to this 
Ordinance are annulled. In case it is otherwise provide d for by a law, the provisions of the law apply. 
 On behalf of the National Assembly Standing Committee Chairman NGUYEN PHU TRONG 
 
 
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