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Decree No. 78/2026/ND-CP has added new regulations on the handling of administrative violations in the electronic environment within the insurance business sector. This is a completely new content compared to the previous Decree No. 174/2024/ND-CP.
According to Article 4 of Decree No. 78/2026/ND-CP, Article 44a is added after Article 44 of Decree No. 174/2024/ND-CP as follows:
Article 44a. Handling of administrative violations in the electronic environment:
The handling of administrative violations in the electronic environment shall be carried out in accordance with Article 18a of the Law on Handling of Administrative Violations and Chapter IIIa of Decree No. 190/2025/ND-CP dated July 01st, 2025, of the Government.
Thus, starting from May 1st, 2026, the handling of administrative violations in the insurance business sector will not only be conducted through traditional methods but will also be permitted in the electronic environment, based on current legal regulations on handling administrative violations.
Compared to previous regulations, Decree No. 174/2024/ND-CP did not contain any provisions regarding the handling of administrative violations in the electronic environment for the insurance business. The regulations primarily focused on violations, forms of sanctions, sanctioning authority, and remedial measures through direct handling methods.
In addition to the supplemental content on handling in the electronic environment, Decree No. 78/2026/ND-CP also amends and supplements several relevant regulations to ensure consistency in implementation. Specifically, Article 44 of Decree No. 174/2024/ND-CP is amended to stipulate that:
- The execution of decisions on sanctioning of administrative violations shall be carried out in accordance with the law on handling of administrative violations.
- Minutes, documents, or other relevant papers recording the execution of sanctions and remedial measures must be included in the administrative violation sanctioning dossiers as defined in Article 57 of the Law on Handling of Administrative Violations.
Furthermore, the Decree also amends the regulations on the principles for determining and decentralizing sanctioning authority in Article 42, clarifying the responsibility to transfer dossiers when authority is exceeded, as well as the principles for handling cases involving multiple persons with sanctioning authority.
