Decree No. 348/2025/ND-CP on amendments to Decree No. 45/2019/ND-CP on penalties for administrative violations against regulations on tourism, amended by Decree No. 129/2021/ND-CP

 

DECREE

AMENDMENTS TO SOME ARTICLES OF THE GOVERNMENT’S DECREE NO. 45/2019/ND-CP DATED MAY 21, 2019 ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON TOURISM, AMENDED BY DECREE NO. 129/2021/ND-CP

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Law on Handling of Administrative Violations No. 15/2012/QH13 amended by Law No. 67/2020/QH14 and Law No. 88/2025/QH15;

Pursuant to the Law on Tourism No. 09/2017/QH14;

At the request of the Ministry of Culture, Sports and Tourism;

The Government promulgates Decree on amendments to some articles of the Government’s Decree No. 45/2019/ND-CP dated May 21, 2019 on penalties for administrative violations against regulations on tourism, amended by Decree No. 129/2021/ND-CP.

Article 1. Annulment of the phrase in Article 6

The phrase “khoản 7” (clause 7) in clause 8 shall be annulled.

Article 2. Amendments to and annulment of some points and clauses of Article 7

1. Point d clause 5 is annulled.

2. Point c clause 13 is annulled.

3. Clause 13a shall be added after clause 13 as follows:

“13a. In case the tour operator lets tourists stay abroad or hide in Vietnam illegally, it shall face the penalty in accordance with point d clause 9 Article 21 of the Government’s Decree No. 282/2025/ND-CP dated October 30, 2025.”

4. Phrases in some points of clause 15 shall be added or replaced as follows:

a) The phrase “điểm b và điểm c” (points b and c) shall be added before the phrase “khoản 11” (clause 11) in point a.

b) The phrase “khoản 13” (clause 13) shall be replaced by the phrase “điểm b khoản 13” (point b clause 13) in point b.

c) The phrase “điểm a và điểm b” (points a and b) shall be added before the phrase “khoản 9” (clause 9) in point d.

Article 3. Annulment of phrase and point in Article 9

1. The phrase “điểm b và” (point b and) in point a clause 10 shall be annulled.

2. Point b clause 10 shall be annulled.

Article 4. Replacement of the phrase in Article 10

The phrase “điểm a và điểm b” (points a and b) shall be replaced by the phrase “điểm a hoặc điểm b” (point a or b) in clause 7.

Article 5. Annulment of clause 5 in Article 12

Article 6. Amendments to Article 19

“Article 19. Jurisdiction of Vietnam Maritime Inspectorate

1. Inspector of Vietnam Maritime Inspectorate has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 5.000.000;

c) Confiscate any exhibit or mean used for commission of administrative violation if its value does not exceed VND 10.000.000.

2. Chief of inspectorate under Vietnam Maritime Inspectorate has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 25.000.000;

c) Confiscate any exhibit or mean used for commission of administrative violation;

d) Implement remedial measures specified in Article 4 of this Decree.

3. Chief Inspector of Vietnam Maritime Inspectorate has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 40.000.000;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or mean used for commission of administrative violation;

dd) Implement remedial measures specified in Article 4 of this Decree.”.

Article 7. Amendments to Article 20

“Article 20. Jurisdiction of Chairpersons of People’s Committees

1. The Chairperson of People’s Committee of commune, ward or special zone (hereinafter referred to as “commune-level People’s Committee) has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 25.000.000;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or mean used for commission of administrative violation;

dd) Implement remedial measures specified in Article 4 of this Decree.

2. The Chairperson of People’s Committee of province or city (hereinafter referred to as “provincial People’s Committee) has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 50.000.000;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or mean used for commission of administrative violation;

dd) Implement remedial measures specified in Article 4 of this Decree.”.

Article 8. Amendments to Article 21

“Article 21. Jurisdiction of market surveillance authorities

1. On-duty market surveillance official has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 5.000.000;

c) Confiscate any exhibit or mean used for commission of administrative violation if its value does not exceed VND 10.000.000.

2. Leader of Market Surveillance Team under Sub-Department of Market Surveillance affiliated to Department of Industry and Trade has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 15.000.000;

c) Confiscate any exhibit or mean used for commission of administrative violation if its value does not exceed VND 30.000.000.

d) Implement remedial measures specified in Article 4 of this Decree.

3. Director of Sub-Department of Market Surveillance or Head of Market Surveillance Division under Agency for Domestic Market Surveillance and Development has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 25.000.000;

c) Confiscate any exhibit or mean used for commission of administrative violation;

d) Suspend license or practicing certificate or operation for a fixed period;

dd) Implement remedial measures specified in Article 4 of this Decree.

4. Director of Agency for Domestic Market Surveillance and Development has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 50.000.000;

c) Confiscate any exhibit or mean used for commission of administrative violation;

d) Suspend license or practicing certificate or operation for a fixed period;

dd) Implement remedial measures specified in Article 4 of this Decree.”.

Article 9. Amendments to Article 22

“Article 22. Jurisdiction of Border Guards

1. On-duty border guard soldier has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 2.500.000;

c) Confiscate any exhibit or mean used for commission of administrative violation if its value does not exceed VND 5.000.000.

2. Leader of the soldiers specified in clause 1 of this Article has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 5.000.000;

c) Confiscate any exhibit or mean used for commission of administrative violation if its value does not exceed VND 10.000.000.

3. Leader of Task Force Team for Drug and Crime Prevention and Control under Task Force Commission for Drug and Crime Prevention and Control has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 7.500.000;

c) Confiscate any exhibit or mean used for commission of administrative violation if its value does not exceed VND 15.000.000.

4. Captain of Border Guard Station, Leader of Coastal Guard Team, or Commander of Border Guard at Harbor Checkpoint has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 15.000.000;

c) Confiscate any exhibit or mean used for commission of administrative violation if its value does not exceed VND 30.000.000;

d) Implement remedial measures specified in Article 4 of this Decree.

5. Leader of the Drug and Crime Prevention and Control Task Force under the Drug and Crime Prevention Department of the Border Guard Command has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 25.000.000;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or mean used for commission of administrative violation;

dd) Implement remedial measures specified in Article 4 of this Decree.

6. Commanding Officer of Border Guard Command; Captain of Naval Border Guard Squadron, and Director of the Drug and Crime Prevention Department affiliated to the Border Guard Command has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 50.000.000;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or mean used for commission of administrative violation;

dd) Implement remedial measures specified in Article 4 of this Decree.”.

Article 10. Amendments to Article 23

“Article 23. Jurisdiction of Coastguard

1. On-duty coastguard officer has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 2.500.000;

c) Confiscate any exhibit or mean used for commission of administrative violation if its value does not exceed VND 5.000.000.

2. Leader of coastguard team has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 5.000.000;

c) Confiscate any exhibit or mean used for commission of administrative violation if its value does not exceed VND 10.000.000.

3. Coastguard squad leader or captain of coastguard station has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 10.000.000;

c) Confiscate any exhibit or mean used for commission of administrative violation if its value does not exceed VND 20.000.000.

4. Commander of coastguard platoon has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 15.000.000;

c) Confiscate any exhibit or mean used for commission of administrative violation if its value does not exceed VND 30.000.000;

d) Implement remedial measures specified in Article 4 of this Decree.

5. Captain of Naval Coastguard Squadron; Head of Reconnaissance Commission; Head of Task Force Commission for Drug Crime Prevention and Control under the control of the Command of Coast Guard of Vietnam has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 25.000.000;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or mean used for commission of administrative violation;

dd) Implement remedial measures specified in Article 4 of this Decree.

6. Regional Command of Coast Guard or Director of the Department of Operations and Legislation under the control of the Command of Coast Guard of Vietnam has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 40.000.000;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or mean used for commission of administrative violation;

dd) Implement remedial measures specified in Article 4 of this Decree.

7. Commander of Vietnam Coast Guard has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 50.000.000;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or mean used for commission of administrative violation;

dd) Implement remedial measures specified in Article 4 of this Decree.”.

Article 11. Amendments to Article 24

“Article 24. Jurisdiction of People’s Police Force

1. On-duty people’s police officer has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 5.000.000;

c) Confiscate any exhibit or mean used for commission of administrative violation if its value does not exceed VND 10.000.000.

2. Head of company-level Mobile Police Unit has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 10.000.000;

c) Confiscate any exhibit or mean used for commission of administrative violation if its value does not exceed VND 20.000.000.

3. Head of Police Post, Head of Battalion-level Mobile Police Unit, Captain of Squadron, Head of police station or Leader of the officers has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 15.000.000;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or mean used for commission of administrative violation if its value does not exceed VND 30.000.000;

4. Commune-level Police Chief has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 25.000.000;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or mean used for commission of administrative violation;

dd) Implement remedial measures specified in Article 4 of this Decree.

5. Head of International Airport Police Office; Heads of professional divisions affiliated to Bureau of Homeland Security; Heads of professional divisions affiliated to Bureau of Internal Political Security; Heads of professional divisions affiliated to Bureau of Economic Security; Heads of professional divisions affiliated to Police Bureau for Administrative Management of Social Order; Heads of professional divisions affiliated to Bureau of Traffic Police; Heads of professional divisions affiliated to Police Bureau of Fire Prevention and Rescue; Heads of professional divisions affiliated to Bureau of Cybersecurity and High-Tech Crime Prevention and Control; Heads of professional divisions affiliated to Bureau of Immigration; Heads of Divisions affiliated to the provincial Police Authority, including Head of Home Security Division, Head of Internal Political Security Division, Head of Police Division for Administrative Management of Social Order, Head of Police Divisions for Investigation into Social Order Crimes, Head of Police Division for Investigation into Corruption, Economic, Smuggling and Environment Crimes, Head of Police Division for Investigation into Drug-related Crimes, Head of Traffic Police Division, Head of Mobile Police Division, Head of Police Division for Execution of Criminal Judgments and Judicial Assistance, Head of Police Division for Fire Prevention, Fire Fighting and Rescue, Head of Division of Cybersecurity and High-Tech Crime Prevention and Control, Head of Immigration Division, Head of Economic Security Division, Head of Foreign Security Division, Chief of Office of the Investigation Police Agency affiliated to the provincial Police Authority have the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 40.000.000;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or mean used for commission of administrative violation;

dd) Implement remedial measures specified in Article 4 of this Decree.

6. Director of the provincial police authority has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 50.000.000;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or mean used for commission of administrative violation;

dd) Implement remedial measures specified in Article 4 of this Decree.

7. Director of Internal Political Security Bureau, Director of Economic Security Bureau, Chief of the Office of the Police Investigation Agency affiliated to the Ministry of Public Security, Director of Police Bureau of Administrative Management of Social Order, Director of Police Bureau of Investigation into Social Order-related Crimes, Director of Police Bureau of Investigation into Corruption, Economy and Smuggling-related Crimes, Director of Police Bureau of Investigation into Drug-related Crimes, Director of Police Traffic Bureau, Director of Police Bureau of Fire Prevention and Rescue, Director of Police Bureau of Environmental Crime Prevention, Director of Bureau of Cybersecurity and High-Tech Crime Prevention and Control, Director of Home Security Bureau, Director of Police Bureau for Managing Custody, Temporary detention and Criminal judgment Execution in the Community; Director of Bureau of Immigration; Mobile Police Command, Director of the National Data Center has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 50.000.000;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or mean used for commission of administrative violation;

dd) Implement remedial measures specified in Article 4 of this Decree.”.

Article 12. Addition of Article 24a

“Article 24a. Jurisdiction of Heads of authorities performing state management tasks by fields and sectors

1. Director of Road Management Unit affiliated to Department for Roads of Vietnam; Director of Northern Maritime and Waterway Branch; Director of Southern Maritime and Waterway Branch has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 25.000.000;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or mean used for commission of administrative violation;

dd) Implement remedial measures specified in Article 4 of this Decree.

2. Director of Department of Culture, Sports and Tourism; Director of Department of Tourism; Director of Department of Industry and Trade; Director of Department of Construction; Chief of Inspectorate established by Director of the Vietnam National Authority of Tourism; Chief of Inspectorate established by Director of Department for Roads of Vietnam; and Chief of Inspectorate established by Director of Vietnam Maritime and Waterway Administration has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 40.000.000;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or mean used for commission of administrative violation;

dd) Implement remedial measures specified in Article 4 of this Decree.

3. Director of Vietnam Maritime and Waterway Administration; Director of Department for Roads of Vietnam; Director of Department of Environment; Director of Department of Overseas Labour; Director of Vietnam National Authority of Tourism; Chief of Office of the Ministry of Culture, Sports and Tourism; Chief of Inspectorate established by the Minister of Culture, Sports and Tourism; Chief of Inspectorate established by the Minister of Construction has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 50.000.000;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or mean used for commission of administrative violation;

dd) Implement remedial measures specified in Article 4 of this Decree.”.

Article 13. Addition of Article 24b

“Article 24b. Jurisdiction of maritime administration and waterways administration

1. Chief representative of maritime administration or waterways administration has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 12.500.000;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or mean used for commission of administrative violation if its value does not exceed VND 25.000.000;

dd) Implement remedial measures specified in Article 4 of this Decree.

2. Director of maritime administration or waterways administration has the jurisdiction to:

a) Issue warning;

b) Impose a fine of up to VND 25.000.000;

c) Suspend license or practicing certificate or operation for a fixed period;

d) Confiscate any exhibit or mean used for commission of administrative violation;

dd) Implement remedial measures specified in Article 4 of this Decree.”.

Article 14. Amendments to Article 25

“Article 25. Determination of jurisdiction to impose penalties for administrative violations against regulations on tourism

1. Chairpersons of People’s Committees at all levels have the jurisdiction to make administrative violation records, and impose administrative penalties and remedial measures on administrative violations prescribed in Chapter II of this Decree.

2. Directors of Departments of Culture, Sports and Tourism and Departments of Tourism; Chief of Inspectorate established by Director of the Vietnam National Authority of Tourism; Director of the Vietnam National Authority of Tourism; Chief of Office of the Ministry of Culture, Sports and Tourism; Chief of Inspectorate established by the Ministry of Culture, Sports and Tourism have the jurisdiction to impose penalties for administrative violations specified in Chapter II of this Decree; point d clause 9 Article 21 of the Decree No. 282/2025/ND-CP and point c clause 2 Article 52 the Government’s Decree No. 122/2021/ND-CP dated December 28, 2021.

3. Director of Road Management Unit affiliated to Department for Roads of Vietnam; Director of Northern Maritime and Waterway Branch; Director of Southern Maritime and Waterway Branch; Director of maritime administration or waterways administration; Director of Department of Construction; Chief of Inspectorate established by Director of Department for Roads of Vietnam; Chief of Inspectorate established by Director of Vietnam Maritime and Waterway Administration; Vietnam Maritime Inspectorate; Director of Vietnam Maritime and Waterway Administration; Director of Department for Roads of Vietnam; Chief of Inspectorate established by the Minister of Construction have the jurisdiction to impose penalties for administrative violations specified in Articles 17 and 18 of this Decree.

4. Director of Department of Overseas Labour has the jurisdiction to impose penalties for administrative violations specified in point a clause 5, point d clause 13 Article 7; failure to reach employment agreements with tour operators or tour guide service providers as prescribed point d clause 5, clause 9 Article 9 of this Decree.

5. Director of Department of Environment has the jurisdiction to impose penalties for administrative violations specified in clause 4 Article 11; point a, clause 5 Article 13; point e clause 3, points g, h and i clause 4; point b clause 5 Article 16 of this Decree.

6. Directors of Department of Industry and Trade and market surveillance authorities have the jurisdiction to impose penalties for administrative violations specified in point a clause 3, point c clause 4 Article 6; point b clause 3 Article 8; point c clause 1, clause 4 Article 10; clause 1, point h clause 4 Article 13 of this Decree.

7. Border Guards have the jurisdiction to impose penalties for administrative violations specified in point a clause 3, point c clause 4, clauses 5, 6 and 7 Article 6; clause 1, point dd clause 2, clause 4, point a clause 5, point c clause 7, point b clause 8, points a and c clause 9, clause 10 and clause 13a Article 7; clauses 1, 2, 3, 4 and 5, points b and c clause 6, clauses 7, 8 and 9 Article 9; Article 14; clauses 2, 3, 4, 5, 6 and 7 Article 15; Articles 17 and 18 of this Decree.

8. Coastguard has the jurisdiction to impose penalties for administrative violations specified in clauses 5, 6 and 7 Article 6; clauses 1 and 4 Article 7; Article 9; Article 14; clauses 2, 3, 4, 5, 6 and 7 Article 15; Article 17; Article 18 of this Decree.

9. People’s Police Force has the jurisdiction to impose penalties for administrative violations specified in points a and b of clause 3, points a and c of clause 4, clauses 5, 6 and 7 of Article 6; clause 1, points b and c of clause 2, points a and c of clause 4, point c of clause 8, points b, c and d of clause 9, point d of clause 13, clause 13a, point dd of clause 14 of Article 7; clauses 6 and 7 of Article 8; clauses 3 and 4, points a and b of clause 6, clauses 7, 8 and 9 of Article 9; clause 6 of Article 10; clause 4 of Article 12; point b of clause 5 of Article 13; Article 14; Clauses 2, 3, 4, 5, 6, 7 and 8 of Article 15; clause 1, point a of clause 2, point c of clause 3, points k and l of clause 4, point a of clause 5 of Article 16 and Article 17 of this Decree.”.

Article 15. Amendments to clauses 1 and 2 Article 26

“1. Persons having the jurisdiction to impose penalties for administrative violations specified in Article 19 thru Article 24b of this Decree may make violation records in conformity with their functions, tasks and powers as assigned in Article 25 of this Decree.

2. Civil servants and employees assigned to conduct inspections in the tourism field may make administrative violation records and transfer administrative violation dossiers to persons having the jurisdiction to impose penalties to impose penalties in accordance with the law.”

Article 16. Implementation clauses

This Decree takes effect from the date February 15, 2026.

Article 17. Transition clauses

In case administrative violation dossiers are being processed, decisions to impose administrative penalties have been issued or have been completely executed before the effective date of this Decree but organizations and individuals incurring such penalties lodge complaints, regulations of the Government’s Decree No. 45/2019/ND-CP dated May 21, 2019; the Government’s Decree No. 129/2021/ND-CP dated December 30, 2021 shall apply.