After 12 years of application, Decree No. 296/2025/ND-CP replaces Decree No. 166/2013/ND-CP of the Government regulating the enforcement of administrative violation sanctioning decisions, adding 4 groups subject to enforcement measures: Households, business households, cooperative groups and residential communities.
In which, Clause 5, Article 4 stipulates the source of deductions and seized assets for organizations, business households, households, cooperative groups, and residential communities subject to coercive measures.
For business households, households, and cooperative groups, deduct money, seize assets, and pay expenses for coercion activities from money and common assets of business households, households, and cooperative groups. In case common assets are not sufficient to enforce coercion decisions, deduct money and seize assets of members of business households, households, and cooperative groups, except in cases of cooperation contracts or other relevant legal regulations.
Accordingly, the "deduction of money, seizure of assets of business household members, households to ensure the fulfillment of the obligation to pay fines" is understood to mean if household members including husband, wife and children register to establish business households, one person is named as the owner of the business household.
If the common assets of the business household are not sufficient to pay administrative fines due to errors caused by the business household, the competent authority will deduct money and confiscate assets of husbands, wives, and children to fulfill this obligation.
For an individual standing as the owner of a business household, in case the assets of this business household are not sufficient to pay administrative fines due to errors caused by the business household, the competent authority will deduct money and confiscate the assets of that individual.
Coercion costs are determined based on the actual costs incurred during the enforcement decision execution in accordance with the price level in each locality.
Accordingly, enforcement costs include:
Cost of mobilizing people to implement coercive decisions;
Cost of remuneration for valuation experts to organize auctions, cost of organizing asset auctions;
Cost of renting vehicles for dismantling and transporting objects and property;
Cost of renting, keeping or preserving seized assets;
Other actual costs (if any).
Decree No. 296 also stipulates that subjects subject to coercion must bear all coercion costs. Along with that, subjects subject to coercion are responsible for paying all coercion costs to the enforcement agency of the coercion decision.
Subjects subject to coercion who do not voluntarily pay or do not pay enough costs or pay late according to the notice of the enforcement agency, the person with the authority to issue the coercive decision has the right to issue another coercive decision to recover coercive costs by the measures specified in this Decree.
