Decision 1393/QD-BCA-V03 of the Ministry of Public Security stipulates the settlement of a number of issues related to administrative sanctions for police forces when not organizing district-level police.
According to this decision, for cases of administrative violations where the competent person of the district-level police has drawn up a record of administrative violations but has not yet issued a decision to sanction administrative violations, the case file with exhibits and means of administrative violations shall be transferred to the competent authority or person for sanction according to the provisions of law.
The transfer of records is carried out in accordance with the provisions of Article 52 of the Law on Handling of Administrative Violations and Article 8 of Resolution 190/2025/QH15 on handling a number of issues related to the arrangement of the state apparatus as follows:
For cases under the authority of the Commune-level Police Chief, the file shall be transferred to that person for settlement;
For cases under the sanctioning authority of the Head of a unit under a Ministry agency, the Director of a provincial police agency, or the Head of a department under a provincial police agency, the file shall be transferred to the provincial police to assign the unit to continue completing the file and procedures and transfer to the person with the authority to handle administrative violations.
For cases under the authority of the Chairman of the People's Committee at all levels, the file shall be transferred to that person for settlement;
For cases under the sanctioning authority of positions under ministries and branches other than the People's Public Security, the dossier shall be transferred to the provincial police to continue completing the dossier and procedures and transfer to the competent person for handling administrative violations;
For the case that is both under the authority of positions in the People's Public Security and under the authority of positions outside the People's Public Security, the file will be transferred to the provincial police for further settlement.
For the case file that has just been made by a competent person of the district-level police with a working record and inspection record but has not yet made a record of administrative violations, the person handling the file is responsible for transferring the file to the police of the unit or locality that is being handed over by the competent authority to receive and resolve the case for verification and to take further steps to resolve according to regulations.
For administrative violations under the sanctioning authority of Chairmen of People's Committees at all levels, Chairmen of People's Committees at all levels are requested to direct and assign competent agencies and individuals to receive the case file and carry out the sanction according to regulations.
For cases of administrative violations that have been decided to be fined but have not been enforced or have not yet completed the decision to be fined, the case file with exhibits and means of administrative violations shall be transferred to the provincial police for further handling according to regulations.
For the temporary storage of exhibits and means of administrative violation managed by the district-level police, they will be handed over to the provincial police for continued management according to regulations.
