The Government issued Decree No. 190/2025/ND-CP amending and supplementing a number of articles of Decree No. 118/2021/ND-CP detailing a number of articles and measures to implement the Law on Handling of Administrative Violations...
According to regulations, the application of electronic methods in handling administrative violations is carried out when meeting the following conditions:
1. The competent authority handling administrative violations must have appropriate electronic means, and an information system that meets basic requirements for information systems and digital platforms serving the operations of state agencies in the electronic environment.
2. The person or organization subject to penalty must have appropriate electronic means, be able to access, interact and accept the implementation of the entire or part of the administrative violation handling process via electronic means.
3. Conditions on network information security, safety, electronic authentication and data storage are guaranteed according to the provisions of law.
4. Information systems, software, and databases used in handling administrative violations are connected, interconnected, or capable of connecting, or sharing data with the National Database on handling administrative violations and related state management systems.
The Decree regulates the use of digital signatures and identity authentication in procedures for handling administrative violations in the electronic environment as follows:
Violators and representatives of violating organizations using digital signatures in electronic penalty procedures must meet the digital signature requirements according to the provisions of the law on electronic transactions;
In case the violating organization carries out electronic penalty procedures through a legal representative or authorized person, it must use the digital signature of the representative according to the law or authorized person;
In case the violator or representative of the violating organization cannot use a digital signature in the electronic penalty procedure, a means of authenticating biometric factors using a photo of the face or fingerprint will be used to identify the identity according to the provisions of law and replace it with the digital signature of the violator or representative of the violating organization;
In case a record of administrative violation is made in the electronic environment without the subject of the violation being identified or the violator, the representative of the violating organization not signing, the record only requires the digital signature of the recorder.
The submission of records, decisions and other documents in handling administrative violations in the electronic environment is done through one of the following methods:
- send to the electronic address of the violator, representative of the violating organization, the person being fined has notified the competent person;
- Submit via the national identification application/edesign identification account (with level 2 authentication or higher) or send via the application specified in the legal documents of the industry, field, or locality;
- send SMS messages to the phone number of the violator, representative of the violating organization, the person being fined has notified the competent person;
- send to the email address of the penalty collection agency and other relevant agencies (if any) for enforcement.
The above regulation takes effect from July 1, 2025.
