In the field of fire prevention, firefighting, and rescue operations, in addition to the forms of administrative sanctions prescribed in Clauses 1, 2, and 3 Article 3 of Decree No. 106/2025/ND-CP, including warnings, monetary fines, additional penalties, and remedial measures, Decree No. 69/2026/ND-CP has introduced supplementary provisions on the handling of administrative violations in the electronic environment.
I. Conditions for the Implementation of Administrative Sanctioning in the Electronic Environment
Pursuant to Article 28a of Decree No. 118/2021/ND-CP, as amended and supplemented by Decree No. 190/2025/ND-CP, the following conditions must be satisfied for the implementation of administrative sanctioning procedures in the electronic environment:
- The competent authority handling administrative violations must possess appropriate electronic facilities and information systems that satisfy the minimum requirements applicable to information systems and digital platforms serving state agencies in the electronic environment.
- Individuals and organizations subject to administrative sanctions must possess appropriate electronic means and be capable of accessing, interacting with, and consenting to carry out all or part of the administrative sanctioning procedures through electronic methods.
- Requirements relating to cybersecurity, information security, electronic authentication, and data storage must be ensured in accordance with the law.
- Information systems, software, and databases used in administrative sanctioning procedures must be connected, interoperable, or capable of sharing data with the National Database on Administrative Violations and other relevant state management systems.
II. Administrative Sanctioning Procedures in the Electronic Environment
1. Use of Digital Signatures and Identity Authentication in Electronic Administrative Sanctioning Procedures
Administrative sanctioning procedures conducted in the electronic environment shall be implemented through the use of digital signatures and identity authentication as follows:
a) Violators and representatives of violating organizations using digital signatures in electronic sanctioning procedures must satisfy the conditions applicable to digital signatures in accordance with the law on electronic transactions;
b) Where a violating organization carries out electronic sanctioning procedures through its legal representative or an authorized representative, the digital signature of such legal representative or authorized representative must be used;
c) Where the violator or the representative of the violating organization is unable to use a digital signature in electronic sanctioning procedures, biometric authentication methods, including facial recognition or fingerprint verification, may be used for identity verification in accordance with the law and in substitution for the digital signature of the violator or the representative of the violating organization;
d) In cases where a record of administrative violation is prepared in the electronic environment but the subject committing the violation cannot be identified, or where the violator or representative of the violating organization refuses to sign, the record shall only require the digital signature of the person preparing the record.
2. Transmission of Records, Decisions, and Other Documents in Electronic Administrative Sanctioning Procedures
The transmission of records, decisions, and other documents in administrative sanctioning procedures conducted in the electronic environment shall be carried out through one of the following methods:
a) Sending to the email address of the violator or the representative of the violating organization as notified to the competent authority;
b) Sending via the National Identification Application/electronic identification account (with Level-2 authentication or higher) or via applications prescribed by legal normative documents applicable to sectors, fields, or localities;
c) Sending SMS messages to the telephone number of the violator or representative of the violating organization as notified to the competent authority;
d) Sending to the email addresses of agencies responsible for collecting fines and other relevant agencies (if any) for enforcement purposes.
3. Time of Determination of the Validity of Electronic Documents
Records, decisions, and other documents used in administrative sanctioning procedures conducted in the electronic environment shall be deemed duly sent and validly received when the information system records one of the following circumstances:
a) The violator or representative of the violating organization has confirmed receipt of the records or decisions relating to the administrative sanctioning procedure;
b) The violator or representative of the violating organization has accessed, downloaded, or opened the records or decisions relating to the administrative sanctioning procedure through the information system.
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