Việt Nam’s public security apparatus is pressing forward with controversial enforcement tactics, demanding power cuts and travel bans for unpaid administrative fines.
The Latest: On July 10, 2026, the Ministry of Public Security (MPS) released its “Summary of Comments, Responses, and Explanations” regarding the draft amended Law on Handling Administrative Violations, reopening the bill for public comment through Aug. 10, 2026.
- Within the document (pp. 181–191), multiple National Assembly delegations and state agencies objected to Article 74 of the draft, which would allow authorities to cut electricity and water services and bar people from leaving the country if they fail to pay administrative fines.
- In response, the ministry stated that the government has already approved the policy and will press ahead with detailed regulations.
- The draft is expected to be submitted to the 16th National Assembly for consideration and approval during its year-end 2026 session.
Various Objections: Multiple government agencies raised several grievances regarding the draft Law.
- The Ministry of Industry and Trade argued that “administrative violations are not criminal offenses” and that administrative sanctions should serve not only as punishment but also as education. It warned that the proposals “could affect the constitutional rights to freedom of movement and the lawful property rights of individuals, organizations, investors, manufacturers, and businesses protected under the Constitution.” It specifically urged the government to drop the electricity cutoff, arguing that electricity is an essential contractual service governed by the Civil Code and the Electricity Law.
- The Ministry of Culture, Sports, and Tourism stated that coercive measures such as cutting electricity and water are inappropriate and require a thorough impact assessment.
- The Ministry of Agriculture and Environment called for clearer procedures governing the use of these measures, particularly utility cutoffs, to avoid harming people who live or work in the same area as the alleged violator.
- Hà Nội’s National Assembly delegation proposed limiting temporary exit bans to individuals who deliberately refuse to pay large fines or commit serious environmental violations or illegal construction offenses without remedying the consequences. It also urged lawmakers to “carefully consider and assess” the proposed electricity and water cutoffs to “avoid arbitrary enforcement that could affect people’s access to essential services.”
- The Vietnam Women’s Union opposed electricity and water cutoffs altogether. If the measures are retained, it said they should exempt cases where they would affect “the minimum living conditions of women, children, or dependents who were not responsible for the violation.”
Official Response: Responding to the pushback, the MPS stated that the “policy has already been approved by the government. The government will issue detailed regulations to ensure strict implementation while safeguarding the lawful rights and interests of agencies, organizations, and individuals.”
- Despite the friction, the MPS did accept one recommendation from the Ministry of Industry and Trade and plans to add another enforcement measure: suspending internet and telecommunications services.
- Furthermore, on the topic of asset seizure for auction, the ministry had previously removed a requirement that seized assets be proportionate in value to the unpaid fine.
- Following comments from several agencies, it agreed to revise the provision so that only assets sufficient to enforce the coercive decision may be seized.
The Background: The MPS originally published the draft amended Law on Handling Administrative Violations for public consultation on June 19, following a March 23 review by the Ministry of Justice.
- Under Article 74, the ministry proposes expanding the list of coercive measures available to enforce administrative penalties against individuals and organizations.
Compared with Article 86 of the current law, the draft would add:
- Temporary exit bans for individuals and heads of organizations;
- The suspension of electricity and water services to construction sites, production facilities, and businesses;
- The sealing of offices and business premises
- The suspension of vehicle registration inspections, vehicle registration, and driver’s license issuance.
According to the ministry, these additional measures would strengthen the deterrent effect of administrative law.
The draft contains other notable proposals, including raising the maximum administrative fine from 1 billion đồng to 1.5 billion đồng for individuals and from 2 billion đồng to 3 billion đồng for organizations (Article 24).
- It also doubles the maximum fines for administrative violations handled without written citations, including camera-based enforcement (Article 44).
Why It Matters: The draft legislation highlights a significant transfer of authority and a departure from Việt Nam’s longstanding legislative practice.
- Traditionally, the Ministry of Justice has led the drafting of the Law on Handling Administrative Violations, and it remained the lead drafting agency during the 15th National Assembly’s ninth session for the law’s most recent amendment.
This time, however, that role has been assigned to the MPS.
- The ministry will also assume responsibility for overseeing the enforcement of administrative violation laws and managing the national administrative violations database (Articles 17 and 62).
This shift mirrors a previous departure from precedent when the MPS replaced the Ministry of Justice to lead the drafting of the revised Penal Code.
Lê Sáng wrote this article in Vietnamese and published it in Luật Khoa Magazine on July 20, 2026. The Vietnamese Magazine has the copyrights to the English translation.
