The Ministry of Public Security is proposing several amendments to the Law on Handling Administrative Violations, revised in 2026, including increasing the statute of limitations for administrative penalties to a maximum of three years, depending on the sector.

Current law stipulates a one-year statute of limitations for administrative penalties. However, for certain specific sectors, this period extends to two years, including accounting; insurance business; securities; intellectual property; construction; land; and the production and trade of prohibited or counterfeit goods.

The Ministry of Public Security notes that many individuals fail to comply with violation notices, particularly in road traffic order and safety. The law mandates that vehicles with unresolved administrative violations in road traffic order and safety cannot undergo inspection. However, the initial inspection cycle for non-commercial vehicles is three years, while the statute of limitations for road traffic administrative penalties is one year. Exploiting this loophole, many vehicle owners evade paying fines, waiting until the next inspection cycle when the penalty period has expired.

This practice, according to the Ministry of Public Security, undermines the effectiveness of current 'cold fine' enforcement systems.

Additionally, for environmental protection, natural resources, and food safety, the drafting agency believes the administrative penalty statute of limitations should increase to three years. This extension would ensure adequate time to address complex cases in these areas.

Violations in these sectors often require time for verification, analytical inspection, and assessment to ensure accurate decisions and prevent offenses from being overlooked. In specific industries like mining, violations are often discovered late due to vast areas and infrequent inspections.

Extending the statute of limitations to three years, the Ministry of Public Security adds, would also prevent violations from going unpunished due to the expiration of the current one-year period.

Police track order violations via thousands of cameras on Hanoi streets. Photo: Giang Huy

Two Additional Cases Exempt from Administrative Penalties

Beyond proposals to enhance deterrence, this draft also adds two types of offenses exempt from administrative penalties: risks encountered in researching and applying new science and technology, provided proper procedures were followed; and actions taken under superior orders within the people's armed forces for national defense and security duties.

Specifically, if damage occurs during the research, testing, or application of new scientific, technical, and technological advancements, it will not constitute an administrative violation if proper procedures, regulations, and preventive measures were fully adhered to.

However, if damage results from failing to apply proper procedures, regulations, or adequate preventive measures, individuals remain responsible for the administrative violation.

This proposal aims to align with the Law on Science, Technology, and Innovation.

In the second case, individuals causing damage while executing orders from a commander or superior in the people's armed forces for national defense and security duties will not be held responsible for the administrative violation if they fully reported to the issuing authority, but the order was still required to be carried out.

In such instances, the person issuing the order bears responsibility for the administrative violation.

The draft is open for public comment until 9/7 and is expected to be submitted to the National Assembly for consideration and approval at the 2nd Session of the 16th National Assembly in 10/2026.

Current law stipulates five cases exempt from administrative penalties: acting in a state of emergency; legitimate self-defense; unforeseen events; force majeure; or when the violator lacks administrative capacity or is underage for punishment.

Individuals aged 14 to under 16 years old are subject to administrative penalties for intentional administrative violations. Those aged 16 years and older are subject to administrative penalties for all administrative violations.

Hai Thu