This content is part of the draft amended law on handling administrative violations 2026, for which the Ministry of Public Security is collecting feedback until 9/7.
The current law stipulates a temporary detention period of no more than 12 hours, which can be extended if necessary, but not exceeding 24 hours. The draft proposes increasing this period to 24 hours, with a maximum extension to 48 hours.
The Ministry of Public Security explains that temporary detention, in addition to immediately preventing violations, allows authorities to verify case details and personal backgrounds to ensure appropriate handling measures.
In practice, many complex cases require clarification of personal history, goods value, and the collection of data and evidence; therefore, the 12-24 hour period is insufficient.
In addition to proposing an extended period, the draft also adds three new grounds for administrative detention: fighting, causing harm to a person's health, and enforcing a deportation order.
The current law specifies five cases requiring administrative detention, such as disturbing public order, smuggling, and committing domestic violence in violation of a no-contact order.
Commune police chiefs to decide on mandatory drug rehabilitation
Regarding the authority to send individuals to drug rehabilitation, the draft also proposes granting this power to commune-level authorities.
Accordingly, decisions on mandatory drug rehabilitation will be made by commune People's Committee chairpersons, rather than courts. Similarly, decisions for voluntary drug rehabilitation at public facilities and reform schools, currently made by provincial police directors, are proposed to be delegated to commune police.
Under current law, courts are the sole authority empowered to review and decide on placing an individual in a mandatory drug rehabilitation center.
This process involves strict administrative legal procedures, with a review period typically lasting 15 days, extendable to 30 days for complex cases.
However, the Ministry of Public Security points out that after 13 years of operation, this mechanism has revealed limitations. Files must circulate through multiple levels and undergo lengthy judicial proceedings.
During the waiting period for court decisions, many individuals have exploited the delay to flee their localities or continue using illicit substances. Delegating this authority to the commune level is essential and more practical, as this level has the clearest understanding of personal backgrounds, local conditions, and social factors related to offenders.
Similarly, decisions for voluntary rehabilitation at public facilities, currently made by provincial police directors, are also proposed to be assigned to commune police chiefs.
An administrative violation is a culpable act committed by an individual or organization, contravening state management laws, which is not a crime, and is subject to administrative penalties as prescribed by law.
Forms of administrative penalties include: warnings, monetary fines, temporary revocation of licenses or practice certificates or temporary suspension of operations, confiscation of exhibits and means used for administrative violations, and deportation.
Hai Thu
