Summary of Decree No. 282/2025/ND-CP | Analysis 2

Summary of forms of sanctioning administrative violations and remedial measures according to Decree 282/2025/ND-CP
Regulations on sanctioning administrative violations in the field of security, social order and safety; prevention and control of social evils; prevention & control of domestic violence…. 
In this article, An Law Vietnam – Criminal Law Firm will summarize for customers the penalty levels according to Decree 282/2025/ND-CP that we have updated in the previous article  ➦Summary of Decree No. 282/2025/ND-CP | Analysis 1

Security, Order and Social Safety

(Public order – Social Security)
Scope: Public order, residence, weapons – explosives, firecrackers, lethal knives, cybersecurity, conditional business, unmanned aerial vehicles, etc.

1. Public order (Article 8)

Main behaviors:

• Causing disorder in public places
• Making noise
• Throwing dangerous objects, gathering to cause trouble
• Letting pets loose is dangerous
• Substance use in public
• Groping and sexual harassment in public places
• Intentionally causing injury (not to the extent of a criminal offense)
• Fake news 113 – 114 – 115

Penalty frame: → From a warning to VND 8,000,000 depending on the severity.

2. Residence – identification – population data (Article 10)

• Failure to declare temporary residence/temporary absence
• False declaration when registering residence
• Obstruction of residence registration
• Concealment of unauthorized residents
• Forging residence documents and residence information
• Falsification of data on national identification applications

Maximum fine: → 12,000,000 VND

3. Weapons and combat gears (Article 12)

• Illegal storage, trading, transportation
• Carrying illegal weapons and combat gears
• Illegal production and assembly of weapons
• Failure to surrender weapons upon request

4. Firecrackers – explosives (Article 13)

• Illegal use of firecrackers
• Storage and trading of firecrackers
• Trading in artillery components
• Explosive Materials Fabrication
• Transporting firecrackers across borders and densely populated areas

5. High-damage knives (Article 14 — effective from January 1, 2026)

• Carrying in public for no reason
• Bulk hoarding
• Buying and selling in contravention of regulations

6. Unmanned aerial vehicles & ultralight flying equipment

• Flying without permission
• Flying into restricted areas
• Flying endangers civil aircraft or civilians
• Failure to comply with the height limit

Fines up to: → 30,000,000 VND

7. Conditional business in (Security and Order)

Including: accommodation, pawnshopping, security services, karaoke, bars, short-term accommodation business, identification data business, internet business…
Common violations:

• Non- Security and Order Eligible Business
• Failing to store guest information as prescribed
• No camera logs, no guaranteed storage time
• Letting guests gamble, use drugs, and engage in prostitution
• Failure to comply with fire protection regulations

Prevention and Control of Social Evils

Scope: drugs, prostitution, gambling, organized evil, solicitation of minors, brokerage activities.

1. Drug evils (Article 62)

• Concealment of drug users
• Storing and transporting plants containing narcotic substances
• Planting plants containing narcotic substances (mandatory destruction)
• Enticing others to use drugs
• Failing to report addicts and drug users as prescribed

High fine: → to 30,000,000 VND + forced destruction and forced reporting.

2. Prostitution (Article 61)

Acts:

• Prostitution/prostitution
• Prostitution Broker
• Contains prostitution
• Organizing a prostitution line
• Using people under the age of 18 to sell sex
• Providing a location for prostitution

Penalties:

• Buying sex: mild level
• Storage, brokerage, organization of prostitution: heavy level (from a few million to tens of millions)
• Minors: very high fines + transfer of criminal records if sufficient factors

3. Gambling Evils (Article 64)

• Gambling houses, gambling organizations
• Open the “cage”, hold the lot – the title
• Collect pool fees
• Lending gambling venues
• Possession of gambling instruments

High fine frame: → 20 – 30 million VND for organizing acts.

Domestic Violence Prevention and Control

Scope: acts of physical, mental, sexual, economic violence, infringement of children’s rights, violation of the decision on prohibition of contact, etc.

1. Acts of domestic violence (Articles 55–59)

Comprise:

• Beating, torturing, and abusing family members
• Cursing, insulting, isolating, controlling
• Financial control, appropriation of family property
• Forced sexual intercourse
• Hindering learning and medical care
• Prohibition of arbitrary social contact/isolation
• Neglecting and not taking care of the elderly and children

2. Violation of the decision on prohibition of contact

• Failure to comply with the decision on prohibition of contact
• Continue to harass and put pressure on the victim
• Deliberately approaching a protected person

Sanction: → 5 – 20 million VND for each group of acts.

3. Violation of the obligation to protect and support victims

• Relatives do not support the victim
• The head of the support establishment fails to comply with regulations
• Concealing and abetting domestic violence acts
• Failure to report when required

Sanctioning competence
Divided by 4 main forces and their respective ranges.

1. People’s Police (Article 68)

• Chief of the Commune Police
• Chief of the District Police
• Heads of Provincial Police Departments
• Director of the Provincial Police
• Head of the Professional Department of the Ministry of Public Security

Maximum right: → 75 million VND for the field of social protection.

2. Chairmen of People’s Committees at all levels (Article 64)

• Commune: low level
• District: average
• Province: high level (up to the maximum level by sector)

3. Border Guard – Coast Guard

• Sanctioning in border areas, islands and continental shelves
• The right to impose a fine of up to 40 million VND

4. Overseas Vietnamese representative missions (Article 63)

Have the right to:

• Warn
• A fine of up to 40 million VND
• Confiscation of material evidences, application of remedial measures

Maximum Fines & Remedies

1. Maximum fine level by field (individual)

2. Remedial measures

• Restore the original condition
• Correcting false information
• Return of licenses/certificates
• Remittance of illegal profits
• Forcible destruction
• Forced public apology
• Forcible payment of medical examination and treatment expenses
• Forcible performance of reporting obligations

Transitional provisions (Article 70)

• Violations that occur before 15/12/2025 but handled after → Apply regulations in favor of violators.
• Coercive and remedial measures are being implemented → continue to be implemented according to the new regulations if they are beneficial.

Immigration Violations

The latest fine level according to Decree 282/2025/ND-CP Group of Immigration Violations & Corresponding Sanctioning Levels

1. Crossing the border without carrying out exit-entry procedures => Fine: 7,000,000 – 10,000,000 VND
2. Foreigners who have overstayed their temporary residence / temporary residence card / permanent residence card

a) 16-30 days overdue → a fine of VND 7,000,000 – 10,000,000 shall be imposed
b) 30-60 days overdue → a fine of VND 10,000,000 – 15,000,000
c) 60-90 days overdue → a fine of VND 15,000,000 – 20,000,000
d) 90-180 days overdue (not allowed) → a fine of VND 20,000,000 – 25,000,000
From 90 days to less than 180 days without documents or papers proving permission of the competent authority of Vietnam.
In other words: From the date stated on the temporary residence certificate, temporary residence card, visa or permanent residence card, the foreigner stays in Vietnam for another 90-180 days without a plausible reason not approved by the immigration authority

3. Using fake entry and exit documents => Including: fake passports, fake travel documents, fake international travel documents, fake AB stamps, fake ABTC cards, fake temporary residence certificates… → A fine of VND 10,000,000 – 15,000,000

4. Using a fake foreign visa (Vietnamese citizens) → A fine of VND 15,000,000 – 20,000,000
5. Foreigners entering Vietnam but operating for the wrong purpose of visa → A fine of VND 20,000,000 – 25,000,000 => (For example, tourist visa but going to work, participating in labor, doing business…)

6. Foreigners entering, practicing other professions or activities in Vietnam are not allowed to → a fine of VND 15,000,000 – 20,000,000
7. Forging documents to be issued passports/entry and exit papers → A fine of VND 20,000,000 – 25,000,000
8. Buying and selling passports, laissez-passers and papers valid for international travel → A fine of VND 15,000,000 – 20,000,000
9. Allowing others to use passports/entry and exit papers → A fine of VND 5,000,000 – 10,000,000.
10. Using other people’s passports/papers for entry and exit → A fine of VND 5,000,000 – 10,000,000
11. Failing to bring passports/international travel documents when traveling in Vietnam (foreigners) → Warning or a fine of 300,000 – 500,000 VND
12. Failing to declare loss of passport or making false declaration when applying for re-issuance → A fine of VND 500,000 – 2,000,000
13. Entering prohibited areas/areas requiring permits without permission → A fine of VND 500,000 – 2,000,000

Violations related to accommodation establishments (with immigration elements)
Failure to declare temporary residence for foreigners

• 01-03 persons: a fine of VND 3,000,000 – 5,000,000
• 04-08 people: a fine of 10,000,000 – 15,000,000 VND
• From 09 people or more: a fine of 15,000,000 – 20,000,000 VND

Acts of violation in inviting/guaranteeing foreigners

1. Inviting/sponsoring foreigners but making false declarations or failing to properly perform their responsibilities → A fine of VND 20,000,000 – 25,000,000
2. Additional sanctions & remedial measures Additional sanctions & remedial measures

According to the relevant articles, foreigners who commit violations may be subject to:
Expulsion = > By:

• Head of the Provincial Immigration Management Department
• Director of the Immigration Department This right is clearly stated at:

Confiscation of material evidences
Applies to the following behaviors:

• Using fake documents
• Lending/leasing of immigration documents
• Buying and selling passports, travel documents (depending on specific terms)

Summary of main penalties (by group)

When is the act of entry and exit criminally handled (i.e. imprisonment)?

The entire group of “Immigration violations under Decree 282/2025/ND-CP” has only two main types of sanctions:
(1)Fines => Example:

• Overdue 90–180 days → 20–25 million VND
• Using fake entry and exit documents → 10–15 million VND
• Crossing the border without → procedures is 7-10 million VND

(2) Expulsion – the most severe additional penalty
The competence is clearly stipulated at:

• Heads of provincial-level Export Management Departments
• Director of the Immigration Department

Note:

Although Decree 282/2025/ND-CP does not stipulate imprisonment, if the act exceeds the administrative threshold, the violator will be handled according to the Criminal Code 2015 (amended in 2017), specifically:
Article 347 of the Penal Code – Illegal entry, illegal stay => Imprisonment: 06 months to 03 years.
Article 348 of the Penal Code – Organizing others to illegally exit/enter the country => Imprisonment: 01 to 15 years depending on the severity.
Article 341 of the Penal Code – Making/using fake documents (passports, visas, etc.) => Imprisonment: 06 months to 07 years.
These cases are no longer administratively sanctioned under Decree 282 but transferred to criminal liability prosecution.
The information in the above decree is for reference only. The outcome depends on many factors from you. But when legal risks arise, every moment of hesitation can change the outcome of the case.
If you or a loved one is being investigated, invited to work, detained, or facing the risk of prosecution in Vietnam — act now. Don’t let yourself enter the legal process alone.
An Law Vietnam – Criminal Law Firm is a criminal law firm with over 20 years of practical experience in many criminal cases, specializing in defense lawyers for complex cases involving Vietnamese and foreigners in Vietnam. We don’t just read the file — we “dissect” every detail, compare each law and build a defense strategy based on the strongest legal advantage for you.
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