Apply disciplinary action for dismissal of first-time violators

HƯƠNG NHA |

Decree 93/2025/ND-CP has added a form of disciplinary dismissal in the implementation of the law on handling administrative violations, effective from June 15.

The Government issued Decree No. 93/2025 amending and supplementing a number of articles of Decree No. 19/2020 dated February 12, 2020 of the Government on inspection and disciplinary action in the enforcement of laws on handling administrative violations.

Article 1 of Decree 93/2025 has added Article 29a after Article 29 of Decree 19/2020 stipulating the form of disciplinary dismissal applicable to first-time violators, causing particularly serious consequences in one of the following cases:

Detain the violation with signs of crime to handle administrative violations.

Taking advantage of position and power to harass, demand, and receive money and assets of violators; condoning, covering up, and limiting the rights of violators when handling administrative violations.

Recorded administrative violations not in accordance with authority, not in accordance with administrative violations, not in accordance with the right subjects of administrative violations.

Violating the deadline for making administrative violation records or violating the deadline for issuing decisions on administrative sanctions.

Sanction administrative violations, apply remedial measures or apply administrative remedial measures that are not in accordance with authority and procedures (except for cases considered for handling violations specified in Clauses 5, 6, 7, 8 and 10, Article 22 of Decree 19/2020 amended by Decree 93/2025), not suitable subjects according to legal regulations or apply inappropriate and incomplete forms of sanctions, sanctions, and remedial measures for administrative violations or do not apply forms of sanctions and remedial measures for administrative violations.

Determine the violation incorrectly when issuing a decision to sanction administrative violations, except in cases where the violation is considered for handling as prescribed in Clause 9, Article 22 of Decree 19/2020 amended by Decree 93/2025.

Not monitoring, urging, inspecting, organizing the implementation of decisions on administrative sanctions, decisions on confiscation of exhibits and means of administrative violations, decisions on applying remedial measures according to regulations; not organizing the enforcement of decisions on administrative sanctions, decisions on applying remedial measures according to regulations.

Illegally using money from administrative sanctions.

Not providing or providing inaccurate, incomplete, or dishonest information or documents related to the content of the inspection of law enforcement work on handling administrative violations.

Providing and disclosing information, documents, and records of the inspected subjects to organizations and individuals without authority or responsibility. Irresponsible in directing the implementation of the conclusion of the inspection of law enforcement work on handling administrative violations.

Failure to promptly amend, supplement, cancel, and issue new decisions in handling administrative violations when detecting errors and violations;

Not fully and accurately implementing the conclusions of the inspection of law enforcement on handling administrative violations.

HƯƠNG NHA
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