Fault is a mandatory element in the structure of all legal violations, including administrative violations and criminal offences. However, the current administrative law in Vietnam does not provide a unified definition for and has not clearly differentiated the forms of fault, whereas criminal law specifically stipulates intentional and unintentional fault. This article analyses the similarities and differences between fault in administrative violations and fault in criminal offences, points out shortcomings in the current regulations, and proposes solutions to improve the law on fault in administrative violations, including: establishing a legal definition of fault; providing for fault in cases where organisations commit violations; defining forms of fault that are suitable to the characteristics of administrative violations; strengthening differentiation and determining administrative violations and administrative liability based on fault indicators. These recommendations aim to ensure transparency, fairness, and effectiveness in handling administrative violations, thereby enhancing the educational and preventive role of the law.
