Distinguishing between administrative violations and criminal offenses: Where are the boundaries?

• In fact, many people think that as long as there is a violation of the law, they will be prosecuted for criminal liability. However, not every violation is considered a crime. Depending on the nature and degree of danger to society, the consequences caused and other factors as prescribed by law, an act may only be sanctioned for administrative violations or examined for penal liability.

The confusion between administrative violations and criminal offenses can lead to misunderstandings in the process of settling cases, even affecting the protection of the legitimate rights and interests of individuals and organizations. Therefore, understanding the boundary between these two types of violations is essential to have a way to behave and handle in accordance with the provisions of the law.

1. What is an administrative violation?

1.1. Definition of administrative violations

According to the Law on Handling of Administrative Violations, an administrative violation is an act at fault committed by an individual or organization, violating the provisions of the law on state management but not to the extent of being examined for penal liability and must be administratively sanctioned according to the provisions of law.

Depending on each field, violating individuals or organizations may be subject to sanctions such as warnings, fines or additional sanctions and remedial measures as prescribed by law.

1.2. Purposes of sanctioning administrative violations

Sanctioning administrative violations in order to prevent, educate and deter violators and ensure the order of state management.

In most cases, the violator is not considered to have a criminal record and is not subject to criminal liability.

2. What is a criminal offense?

2.1. Criminal concept

According to the Criminal Code 2015 (amended and supplemented in 2017), a crime is an act dangerous to society specified in the Criminal Code, committed intentionally or unintentionally by a person with criminal liability capacity or a commercial legal entity, infringing upon social relations protected by criminal law.

Only acts defined as crimes by the Criminal Code can be prosecuted for penal liability.

2.2. More stringent liability

Unlike administrative violations, offenders may be subject to penalties such as fines, non-custodial reform, fixed-term imprisonment, life imprisonment or other penalties depending on each crime and the severity of the violation.

In addition to the main penalty, the offender may also be subject to additional penalties or other obligations according to the provisions of the Criminal Code.

3. Boundaries between administrative violations and criminal offenses

3.1. Level of danger to society

This is one of the important criteria to distinguish.

If the act has not reached the level of danger to society according to the provisions of the Criminal Code, it may only be administratively handled. On the contrary, if the act has all the signs constituting a crime in accordance with the provisions of criminal law, the perpetrator may be examined for penal liability.

3.2. Signs constituting a crime

Whether a person is prosecuted for criminal liability or not depends not only on the consequences but also on the full consideration of the elements constituting the crime according to the provisions of the Criminal Code.

Therefore, it is not possible to conclude that an act is a crime based solely on the value of the damage or the extent of the impact without fully assessing the legal signs of the case.

3.3. Specific regulations of each field

In many cases, the same type of act but depending on the nature, consequences or value of the property involved, may be administratively sanctioned or prosecuted for criminal liability if the statutory conditions are met.

Therefore, each case needs to be considered on the basis of specific provisions of the law and all relevant circumstances.

4. Common misunderstandings

4.1. Being administratively sanctioned will not be criminally handled

This is an incorrect view.

If the act has enough signs to constitute a crime according to the provisions of the Criminal Code, the competent agency will consider the penal liability in accordance with the order and procedures prescribed by law. The handling depends on the nature and circumstances of each case.

4.2. If there is damage, it is certain to be examined for penal liability

Not every case of causing damage constitutes a crime.

The examination for penal liability shall only be carried out when the act fully satisfies the conditions prescribed by the Penal Code. There are many cases where disputes or violations only give rise to civil or administrative liability.

4.3. As long as compensation is required, it will not be handled

The compensation for damage or remedy of consequences may be a circumstance to be considered in accordance with the provisions of law in each specific case, but it does not mean that it is not automatically criminally handled if the act has sufficient elements to constitute a crime.

5. When should I consult a lawyer?

As soon as they receive a decision on sanctioning an administrative violation, an invitation, a summons or when they know that they are involved in a case with signs of law violation, individuals or organizations should actively study the provisions of the law and consult a lawyer. Early counseling will help determine the true nature of the case, your rights and obligations as well as have an appropriate handling plan.

In addition, if the case shows signs of shifting from administrative handling to criminal liability consideration or disputes arise over liability for damages, having a lawyer accompany will help limit legal risks and better protect the legitimate rights and interests of the parties.

6. The role of lawyers in protecting rights and interests when there are signs of violating the law

The distinction between administrative violations and criminal offenses depends not only on the name of the act but also on the specific provisions of the Law on Handling of Administrative Violations, the Penal Code and relevant legal documents. In many cases, only some circumstances of the case such as the consequences of the occurrence, the value of the property, the purpose of the act or other constituent factors can also change the direction of handling by the competent authority. Therefore, properly assessing the legal nature of the case from the beginning is very important in protecting the legitimate rights and interests of individuals and organizations.

The lawyer will assist the client in analyzing the file, evaluating the legal signs of the case, determining the act under consideration within the scope of administrative handling or showing signs of a criminal offense in accordance with the law. At the same time, the lawyer will advise on the rights and obligations of the client in the process of working with the competent authority, assist in preparing documents and evidence, explain relevant circumstances and propose appropriate handling plans to minimize legal risks that may arise.

In case the case is settled according to criminal procedures or there is a dispute over civil compensation liability, the lawyer will participate in defending or protecting the legitimate rights and interests of the client in accordance with the provisions of law. The involvement of lawyers from the early stage not only helps clients understand their legal position but also contributes to ensuring that the process of resolving cases takes place objectively, in accordance with legal procedures and effectively protects the legitimate rights and interests of clients.

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(Written by: Doan Ngoc Khanh; Date written: 04/8/2026)

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