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GOVERNMENT |
SOCIALIST REPUBLIC OF VIETNAM |
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No: 118/2021/ND-CP |
Hanoi, December 23, 2021 |
DETAILING SOME ARTICLES AND IMPLEMENTATION MEASURES LAW ON HANDLING OF ADMINISTRATIVE VIOLATIONS
Base Law on Government Organization June 19, 2015; Law amending and supplementing a number of articles of the Law on Government Organization and the Law on Local Government Organization November 22, 2019;
Base Law on Handling of Administrative Violations June 20, 2012; Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations November 13, 2020;
At the request of the Minister of Justice;
The Government issued a Decree detailing a number of articles and implementation measures Law on Handling of Administrative Violations.
This Decree regulates in detail a number of articles and enforcement measures The law Handling administrative violations regarding:
1. Subjects sanctioned for administrative violations.
2. Regulations on administrative violations and penalties for administrative violations.
3. Apply regulations on penalties for administrative violations.
4. State management of law enforcement and handling of administrative violations.
Article 2. Subjects of application
1. Competent agency managing the implementation of laws on handling of administrative violations.
2. Agencies and persons competent to handle administrative violations.
3. Agencies, organizations and individuals related to the enforcement of laws on handling of administrative violations.
Article 3. Subjects sanctioned for administrative violations
1. Subjects subject to administrative sanctions are specified in Clause 1, Article 5 of the Law on Handling of Administrative Violations.
2. Organizations are sanctioned for administrative violations when all of the following conditions are met:
a) Be a legal entity according to the provisions of civil law or other organizations established according to the provisions of law;
b) Administrative violations committed by representatives, people assigned tasks on behalf of the organization or people who commit acts under the direction, administration, assignment, or approval of the organization and such acts are regulated stipulated in the decree on sanctioning administrative violations in the fields of state management.
3. Organizations sanctioned for administrative violations are specifically stipulated in decrees stipulating sanctions for administrative violations in the fields of state management.
4. Branches, representative offices, and business locations commit administrative violations within the authorized scope and time limit of the legal person, organization or under the direction, administration, assignment, or approval of legal person, organization, then the subject subject to administrative sanctions is legal person, organization and be subject to administrative penalties according to the fines applicable to organizations for activities conducted by their branches, representative offices, or business locations. legal person, organization there perform.
Branches, representative offices, business locations of legal person, organization Committing an administrative violation that is not within the scope or time limit authorized by a legal entity or organization or not under the direction, administration, assignment, or approval of the legal person, organization, then the branch, representative office, or business location must be responsible and be subject to administrative penalties according to the applicable penalty level. organization about activities carried out by branches, representative offices, and business locations.
5. Business households, households, and residential communities that commit administrative violations are subject to fines for individuals who commit administrative violations.. Representative of business households, heads of households, heads of residential communities Responsible for implementing decisions on sanctioning administrative violations for businesses, households, and residential communities.
6. In cases where cadres, civil servants, public employees, people of the People's Army, People's Police and cipher workers commit violations while performing official duties, tasks and actions. If the violation falls under official duties or tasks, it will not be punished according to the provisions of law on handling of administrative violations, but will be handled according to the provisions of relevant law.
State agencies that commit violations under state management tasks will not be sanctioned according to the provisions of law on handling of administrative violations, but will be handled according to relevant provisions of law. .
REGULATIONS ON ADMINISTRATIVE VIOLATIONS AND PENALTIES FOR ADMINISTRATIVE VIOLATIONS
Article 4. Regulations on administrative violations, forms of penalties, levels of penalties, and remedial measures in decrees regulating penalties for administrative violations in the fields of state management
1. The regulation of administrative violations must ensure the following requirements:
a) There are violations of regulations on obligations, responsibilities, and prohibitions of the law on administrative management order in the fields of state management;
b) Meets the requirements of ensuring state administrative management order;
c) Administrative violations must be described clearly, fully and specifically so that they can be identified and punished in practice.
2. Administrative violations specified in decrees regulating penalties for administrative violations in the field of state management must be corresponding and appropriate to the nature of the violation.
In case an administrative violation belongs to one field of state management but is related to another field of state management, to ensure the completeness, comprehensiveness and consistency of regulations on sanctioning administrative violations It is possible to refer to violations specified in the decree regulating the sanctioning of administrative violations in other fields, and at the same time assign sanctioning authority to a number of competent positions. sanctions in this area.
In cases where an administrative violation has specific elements and characteristics related to the field and location of the violation, the consequences of the violation, and objective factors and conditions that change the nature, level of violation, in order to meet state management requirements, the decree regulating sanctions for administrative violations does not directly regulate that field of state management but can stipulate sanctions. higher or lower for that violation.
3. The form of sanction and level of sanction are prescribed for each administrative violation and must be based on the following factors:
a) The nature and extent of the violation's violation of state administrative management order; For violations that are not serious and simple in nature, a warning penalty must be prescribed;
b) Average income and living standards of people in each stage of the country's socio-economic development;
c) Level of education, deterrence and reasonableness and feasibility of applying penalties and fines.
4. Regulations on the fine frame for each administrative violation must be specific, the gap between the minimum and maximum fine of the fine frame must not be too large. The fine frames within an article must be arranged in order of fine level from low to high.
5. Remedial measures are prescribed for each administrative violation and must be based on the following requirements:
a) Must cause consequences or have the actual possibility of causing consequences;
b) Meet the requirements of restoring state administrative management order caused by administrative violations;
c) Must be described clearly, fully and specifically so that it can be implemented in practice and must ensure feasibility.
6. For licenses, practice certificates, and operation registration certificates that are erased or altered to falsify the content, remedial measures must be prescribed to force the return of the license or practice certificate. The operation registration certificate has been erased or edited to falsify the content to the competent agency or person that issued the license, practice certificate, or operation registration certificate.
Article 5. Regulations on penalties for deprivation of the right to use licenses and practice certificates for a limited period of time, suspension of operations for a limited period of time or confiscation of material evidence and means of administrative violations for acts of administrative violations mainly in the decrees regulating sanctions for administrative violations in the fields of state management
1. The provision of revocation of the right to use licenses and practice certificates for a limited period of time for administrative violations must be based on all of the following grounds:
a) Directly violate the activities stated in the license or practicing certificate;
b) The violation is of a serious nature and level that harms the order of state administrative management.
2. There is no provision for revocation of the right to use licenses and practice certificates for a limited period in cases where there are legal regulations on revocation of licenses and practice certificates.
3. The regulation on partial suspension of operations for a limited period of time for administrative violations of production, business and service establishments that according to the law must have a license must be on the basis of full compliance. enough of the following grounds:
a) Directly violate the activities stated in the license;
b) The violation is of a serious nature and level that harms the order of state administrative management;
c) Causing serious consequences or having the actual possibility of causing serious consequences to life, human health, the environment, and social order and safety.
4. There is no provision for temporary suspension of operations for production, business and service establishments that are required by law to have a license in case there are legal provisions on license revocation.
5. Provisions for temporary suspension of part or all of operations for administrative violations of production, business, service establishments or other activities that are not required by law. The license must be based on the nature and severity of the violation of state administrative management order or serious consequences for life, human health, the environment and social order and safety. society which the conduct is realistically likely to cause.
6. In cases where exhibits and means of administrative violations are drugs, weapons, explosives, support tools, objects of historical value, cultural value, national treasures, antiques, goods Rare and precious forest products and objects banned from storage or circulation must be confiscated. For other cases, regulations on confiscation of material evidence and means of administrative violations for administrative violations must be based on one of the following grounds:
a) Violations are committed due to intentional errors or serious violations;
b) Objects, money, goods, or means that are direct evidence of administrative violations or are directly used to commit administrative violations, but if there were no such objects, money, goods, or means this, the violation cannot be committed.
7. Regulations on the form of sanction such as deprivation of the right to use licenses or practice certificates for a certain period of time or suspension of operations for a certain period of time or confiscation of evidence and means of administrative violations are the main form of sanction or Supplements for specific administrative violations in the decrees stipulating penalties for administrative violations must be based on the Articles 21, 25 and 26 of the Law on Handling of Administrative Violations, Clauses 1, 2, 3, 4, 5 and 6 of this Article and the specific nature of each field of state management.
8. The period of revocation of the right to use a license or professional practice certificate for a period of time or suspension of operations for a period of time for administrative violations must be specified in a specific time frame, with a gap between the periods of time. stripping, the minimum and maximum suspension times are not too large.
Article 6. Regulations on the authority to sanction and the authority to make records of administrative violations
1. The authority to impose fines for each position must be specifically specified in the decree regulating penalties for administrative violations. For decrees with many areas of state management, this authority must specifically stipulate each area.
In case the authority to impose fines of the positions specified in Article 38, Article 39, Article 40, Article 41 and Article 46 of the Law on Handling of Administrative Violations are calculated according to the percentage of the maximum fine level of the respective field specified in Clause 1, Article 24 of the Law on Handling of Administrative Violations, the authority to impose fines must be calculated into a specific amount of money to be specified in the decree regulating the sanctioning of administrative violations in the field of state management.
2. For the fields of state management specified in Clause 3, Article 24 of the Law on Handling of Administrative Violations, if there is an administrative violation in which the fine is determined according to the number of times, the value of the evidence of the violation, and the violating goods, the sanctioning authority of the prescribed positions shall be determined. settled at Articles 38, Article 39, Article 40, Article 41 and Article 46 of the Law on Handling of Administrative Violations are determined by the percentage of the maximum fine in that field and must be calculated into a specific amount for regulation. in the decree regulating sanctions for administrative violations in the field of state management.
3. In case the decree regulating the sanctioning of administrative violations stipulates multiple titles of forces with sanctioning authority in many different areas of state management participating in sanctioning, it must be clearly specified. the sanctioning authority of those forces for each specific provision.
4. Persons with authority to make records of administrative violations include people with sanctioning authority, civil servants, public employees and people from the People's Army, People's Police and people performing cipher work. official duties and tasks; aircraft commanders, captains, ship captains and those assigned by the aircraft commander, captain, and ship captain to make records.
Positions with authority to make records of administrative violations are specifically stipulated in decrees stipulating sanctions for administrative violations in each field of state management.
5. For administrative violations that are subject to both the main sanction of a fine and the additional sanction of expulsion, the Decree regulates the sanctioning of administrative violations in The state management sector must stipulate the authority to sanction such acts for positions with authority to apply the form of expulsion as prescribed in Clause 1 of this Article. Point dd, Clause 5 and Clause 7, Article 39 of the Law on Handling of Administrative Violations.
APPLICATION OF REGULATIONS ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS
Article 7. Application of legal documents to sanction administrative violations
1. The choice of applying legal documents to sanction administrative violations is carried out according to the provisions of Article 156 Law on Promulgation of Legal Documents.
2. In case the administrative violation is committed during a period of time with many decrees regulating penalties for administrative violations in the field of state management in effect, but the decree to be determined cannot be determined. Applying according to Clause 1 of this Article, the selection of legal documents to sanction administrative violations is carried out as follows:
a) If the administrative violation has ended, then Apply the decree in effect at the time of termination of the violation to impose penalties;
b) If an administrative violation is being committed, the decree in effect at the time of discovery of the violation shall apply to impose penalties.
Article 8. Principles for determining administrative violations, applying administrative sanctions, remedial measures and force majeure events
1. Determining that an administrative violation has ended or an administrative violation is being carried out to calculate the statute of limitations for sanctioning administrative violations is carried out according to the following principles:
a) An administrative violation that has ended is an act that was committed once or many times and there is a basis to determine that the act was completed before the competent agency or person discovered the administrative violation. ;
b) An ongoing administrative violation is an act that is taking place at the time the competent agency or person detects the administrative violation and that act is still violating the state management order.
2. Forms of sanction for administrative violations and remedial measures are only applied when the decree regulating the sanction of administrative violations in the fields of state management stipulates the forms of sanction. , this remedial measure for specific administrative violations, except for the cases specified in Clause 2, Article 65 of the Law on Handling of Administrative Violations.
3. For cases where administrative violations are committed directly due to objective conditions and circumstances due to epidemics or epidemic prevention measures must be taken, to determine whether or not to sanction violations administratively, the person with sanctioning authority must verify and collect all information, data, papers or documents related to administrative violations to clarify the details of the specific case. If the epidemic is determined to be the direct cause of the administrative violation; If the subject of the violation cannot foresee the epidemic situation and cannot overcome it, even though all necessary and permissible measures have been taken to overcome it, the regulations can be applied. in Clause 4, Article 11 of the Law on Handling of Administrative Violations to avoid sanctioning administrative violations.
Article 9. Application of fines; Revocation of the right to use licenses and practice certificates for a limited period of time; Suspension of operations for a limited period of time; Confiscate evidence and means of administrative violations and apply remedial measures
1. Determining the fine level for a specific administrative violation in cases where there are many aggravating and mitigating circumstances is applied according to the following principles:
a) When determining the fine level for organizations and individuals whose violations have both aggravating and extenuating circumstances, the aggravating circumstance will be reduced according to the principle of one extenuating circumstance being reduced. an aggravating circumstance;
b) The specific fine level for an administrative violation is the average level of the fine range prescribed for that act. In case there are 02 or more extenuating circumstances, the minimum level of the fine frame shall apply; If there are 02 or more aggravating circumstances, the maximum level of the fine frame will apply.
2. Penalties for deprivation of the right to use licenses and practice certificates for a limited period of time are applied as follows:
a) Individuals and organizations that commit many administrative violations are sanctioned at the same time, including two or more violations that are subject to the penalty of deprivation of use rights for a limited period of time. For many different types of licenses and practice certificates, the penalty of deprivation of use rights with a separate period of time shall be applied to each violation.
In case there are two or more violations that are subject to the penalty of deprivation of the right to use for a certain period of time for the same type of license or practicing certificate, the maximum limit of the time frame of deprivation of rights shall apply. use of the act that stipulates the longest period of deprivation;
b) In cases where an individual or organization commits administrative violations multiple times and is sanctioned for each violation, including two or more violations, the penalty of temporary deprivation of use rights shall be applied. term of the same type of license or practicing certificate, the maximum limit of the period of deprivation of the right to use shall apply to the act with the longest period of deprivation;
c) In case the remaining term of the license or practicing certificate is shorter than the term of revocation of the right to use the license or practicing certificate, the revocation period shall be the remaining term of the license or certificate. practice that profession.
3. The authority to apply sanctions such as deprivation of the right to use licenses and practice certificates does not depend on the agency or person that issued the license or practice certificate, but only follows the provisions of Clause 1 of this Article. Law on Handling of Administrative Violations.
4. Violating individuals and organizations must hand over their licenses and practice certificates at the confiscation request of the person with sanctioning authority, except in cases where measures to prevent and ensure the handling of violations have been applied. Administrative temporary seizure of licenses and practice certificates according to regulations in Clause 7, Article 125 of the Law on Handling of Administrative Violations. The surrender of licenses and practice certificates must be recorded in writing and 01 copy must be given to the violator and representative of the violating organization, except in cases where a record of temporary seizure of the license or practice certificate has been made, then the record must be made. The temporary detention continues to be valid until the end of the period of revocation of the right to use the license or practicing certificate according to the decision on sanctioning administrative violations.
5. Within 02 working days from the date of issuance of the decision to sanction administrative violations that apply the sanction of deprivation of the right to use licenses or practice certificates, the competent person has issued the decision to sanction The decision on sanctioning administrative violations must be sent to the agency that issued the license or practice certificate.
6. The penalty of temporary suspension of operations is applied as follows:
a) In case an individual or organization commits many administrative violations and is sanctioned at the same time, in which two or more violations are subject to suspension of operations. If there is a time limit, the maximum level of the suspension period of the act with the longest suspension period shall apply;
b) In cases where an individual or organization commits administrative violations multiple times and is sanctioned for each violation, including two or more violations, the penalty is temporary suspension of operations. term, the maximum level of the suspension period of the act with the longest suspension period shall apply.
7. Determining the term of revocation of the right to use a license or professional practice certificate for a limited period of time or temporary suspension of operations for a specific administrative violation in cases where there are many aggravating circumstances, Mitigation is applied according to the following principles:
a) When determining the period of revocation of the right to use a license or professional practice certificate for a period of time, or suspension of operations for a period of time for an administrative violation of an organization or individual that has committed both Aggravating circumstances, if there are extenuating circumstances, the aggravating circumstance will be reduced according to the principle that one extenuating circumstance is reduced by one aggravating circumstance;
b) The period of revocation of the right to use a license, practice certificate, or suspension of specific activities for an administrative violation is the average of the time frame of revocation or suspension prescribed for the action. there. In case there are 02 or more extenuating circumstances, the minimum limit of the time frame for deprivation or suspension shall apply; If there are 02 or more aggravating circumstances, the maximum level of the deprivation and suspension time frame will apply.
8. Persons with authority to confiscate material evidence and means of administrative violations specified in Clause 2, Article 65 and Clause 4, Article 126 of the Law on Handling of Administrative Violations is the person with authority to sanction administrative violations for that case.
In cases where exhibits and means of administrative violations are banned from storage or circulation, the determination of the person competent to confiscate is carried out according to the provisions of Clause 1 of this Article. Clause 2, Article 24 of this Decree.
9. Persons with authority to apply remedial measures specified in Clause 2, Article 65 of the Law on Handling of Administrative Violations is the person with authority to sanction administrative violations for that case.
10. Persons with authority to destroy evidence and means of administrative violations that are goods and items harmful to healtheh people, animals, plants and environment, cultureoh hazardous products as prescribed in Clause 5, Article 126 of the Law on Handling of Administrative Violations is the person with authority to sanction administrative violations for that case.
Article 10. Delegation of authority in sanctioning administrative violations
1. Decision to delegate rights specified in Article 54, Clause 2, Article 87 and Clause 2, Article 123 of the Law on Handling of Administrative Violations must clearly define the scope, content, and term of delegation of authority.
The decision to delegate authority must have a number, clearly state the date, month, year, summary, signature and seal; In case the agency or unit of the person delegating power is not allowed to use its own seal, the superior agency's seal will be affixed.
The legal basis for decisions on sanctioning administrative violations, decision on enforcement of penalty decisions, decision Apply measures to prevent and ensure the handling of administrative violations of the assigned deputy must clearly show the number, date, month, year, and summary of the decision to delegate authority.
2. The person who is assigned the authority to head or be in charge of the agency or unit with sanctioning authority has the authority to sanction and is assigned the authority to sanction. Enforce the implementation of penalty decisions, apply measures to prevent and ensure the handling of administrative violations like a boss.
3. During the period of delegation of authority, those with authority to sanction administrative violations specified in Clause 1, Article 54 of the Law on Handling of Administrative Violations still has the authority to sanction, enforce sanctioning decisions and apply measures to prevent and ensure the handling of administrative violations.
4. The assignment of rights terminates in one of the following cases:
a) Expiry of the authorization period stated in the decision;
b) The assigned work has been completed;
c) The head stops delegating power to his deputy. In this case, the termination of delegation of authority must be expressed by decision;
d) The person giving the authority or the person assigned the authority retires, quits their job, is transferred, appointed, rotated, seconded, resigns, is relieved of duty, dismissed, demoted or temporarily suspended from work according to the provisions of the Law. law;
d) The person giving the power or the person assigned the power dies, is declared by the Court to have lost civil act capacity, has limited civil act capacity, is missing or is dead;
e) Although the assigned work has not been completed, the case must be transferred to another competent agency or person for handling according to the provisions of law;
g) The person assigning the power or the person assigned the power is prosecuted; detained or temporarily detained to serve the investigation, prosecution, and trial;
h) Conditions for the chief to assign the right to temporarily detain a person according to the administrative procedures specified in Clause 2, Article 123 of the Law on Handling of Administrative Violations no longer exists.
Article 11. Authority to sanction administrative violations of the Head of specialized inspection teams
1. The Head of the specialized Inspection Team has the authority to sanction administrative violations within the scope and content of the inspection within the inspection term according to the provisions of law on inspection.
In case the inspection period expires according to the provisions of the law on inspection and a decision on sanction cannot be issued for objective reasons, the violation case must be transferred to the person with sanctioning authority.
2. In case a decision on sanctioning an administrative violation is complained, the person who issued the inspection decision is responsible for receiving, resolving or directing the person who issued the decision to sanction an administrative violation to resolve it accordingly. provisions of law on complaints.
Article 12. Making records of administrative violations
1. Prepare and transfer records of administrative violations:
a) Competent persons who are performing official duties or tasks when detecting administrative violations must make a record of the administrative violation.
For If the act shows signs of an administrative violation that is not within the authority to make administrative violation records or does not belong to the field or area of its management, then Competent persons performing official duties and tasks must make a working record to record the incident and forward it Immediately record to the person in authority;
b) Case pHai ginspection, testing, inspection, testing evidence and meansn and cOther necessary cases, Then the competent person who is performing official duties or tasks can make a working record to record the incident.
The working minutes specified in Points a and b of this Clause are one of the bases for making administrative violation records;
c) In case an administrative violation is detected using professional technical means or equipment, the location for making a record of the administrative violation shall comply with the provisions of Clause 1 of this Article. Clause 2, Article 58 of the Law on Handling of Administrative Violations;
d) The transfer of results collected by professional technical means and equipment to the person with authority to sanction administrative violations for Prepare a record of administrative violations and issue decisions to sanction administrative violations in accordance with the Government's regulations on the list, management, use of vehicles, professional technical equipment and collection and use of data obtained from vehicles. , technical equipment provided by individuals and organizations to detect administrative violations.
2. Time limit for making records of administrative violations:
a) Minutes of administrative violations are made within a time limit 02 working days, since the discovery of administrative violations;
b) Case case there are many details complicated or yes wide scope, affecting the legitimate rights and interests of individuals and organizations, then a record of administrative violations will be made within the time limit 05 working days, since the discovery of administrative violations;
c) TWhere administrative violations are detected equal professional technical means and equipment or must determine the value of exhibits and means, assess, test, verify, and test and verify relevant details, then the administrative violation record will be fine create within 03 working days from the date Identify violators using means, professional technical equipment or Receive results of determining the value of exhibits and vehicles, appraisal, testing, inspection, and testing and verify relevant details;
d) Case vAdministrative violations occur on airplanes, ships, and trains, then nperson competent to make records of administrative violations or nThe aircraft commander, captain, and ship captain are responsible for making records Administrative Violations and transfer it to the person with authority to sanction administrative violations within 02 working days from when the plane, ship, or train arrives at the airport, port, or station;
d) Case a case involving many violations different administrations, including behavior detected equal professional technical means and equipment or Right Determining the value of exhibits and means, appraisal, testing, inspection, testing and verify relevant details, then Minutes of administrative violations are okay against the actions in that case within 03 working days from the date Identify violators using means, professional technical equipment or receive full results of determining the value of exhibits and means, appraisal, testing, inspection and testing and verify relevant details.
3. Make records of administrative violations in some specific cases:
a) An administrative violation can only be recorded once and a penalty decision issued once. In case a violation has been recorded but a decision on sanction has not yet been issued but the individual or organization does not comply with the request or order of the competent person and still intentionally commits that violation, then Competent persons must apply measures to prevent and ensure appropriate handling of administrative violations to stop violations. When deciding to sanction such behavior, the person with sanctioning authority may apply aggravating circumstances specified in Clause 1 of this Article. Point i, Clause 1, Article 10 of the Law on Handling of Administrative Violations or penalties for failure to comply with requests or orders of competent persons in cases where the decree stipulates penalties for administrative violations in the field The respective state management has regulations and sanctions for violations that have been recorded but have not yet issued a sanctioning decision;
b) In case an individual or organization commits many different administrative violations in the same violation case, the competent person shall make an administrative violation record, clearly stating each violation. violation;
c) In case many individuals or organizations commit an administrative violation in the same violation case, the competent person may make one or more administrative violation records for each individual. violating organization. In case the value of material evidence and means of administrative violation is different, the competent person must clearly state the value of material evidence and means of administrative violation of each individual or organization committing the violation;
d) In case many individuals or organizations commit many different administrative violations in the same violation case, the competent person may make one or more administrative violation records, clearly stating each violation of each individual and organization;
d) In case an individual or organization commits an administrative violation multiple times, the competent person shall make an administrative violation record, clearly stating each violation and each violation.
4. Administrative violation records must include the following basic contents:
a) Ndate, month, year, place of making the record;
b) Last name and name and position of the person making the record;
c) Information about violating individuals and organizations and relevant agencies, organizations and individuals;
d) Ghour, day, month, year, and location of the violation;
d) Mspecific description, full incidents and violations;
e) BMeasures to prevent and ensure the handling of administrative violations;
g) LDeclaration of the violator or representative of the violating organization (legal representative or authorized representative);
h) LTestimony of witnesses, victims or representatives of damaged organizations (ifoh); opinion of parents or guardians in the case minors committing administrative violations (if any);
i) Qauthority and time limit for explaining administrative violations of individual, the violating organization, the agency of the competent person receiving the explanation; In cases where individuals or organizations do not request explanations, opinions must be clearly recorded in the minutes;
k) Time, place violator or representative of the organization violation must be present to resolve the case;
l) Hoh and Recipient's name, tTime to receive minutes in case bMinutes are delivered directly.
5. Sign administrative violation record:
a) The administrative violation record must be made in at least 02 copies, must be signed by the person making the record and the violator or representative of the violating organization, unless the record is made according to regulations. in Clause 7, Article 58 of the Law on Handling of Administrative Violations; In case the violator cannot sign, the person will be fined; If anyone witnesses, interpreters, the person who suffered damage or the representative of the organization that suffered damage, then they must both sign the minutes; In case the minutes consist of many page, then each must be signed page report;
b) In case the violator or representative of the violating organization is not present at the place of violation or intentionally avoids or for objective reasons does not sign, Points only into the minutes or was present but refused to sign or put his finger on the minutes or In cases where the subject of administrative violation cannot be identified, The minutes must be signed by a government representative Commune where the violation occurred or of at least one witness confirm that the violating individual or organization does not sign the record; In case there is no signature from the commune-level government representative or a witness, the reason must be clearly stated in the record.
6. Handing over records of administrative violations:
a) Once the administrative violation record is completed, 01 copy must be given to the individual or organization committing the administrative violation, except in cases where the individual or organization committing the administrative violation cannot be identified. In case the administrative violation does not fall under the sanctioning authority of the person making the record, the record and other documents must be transferred to the person with sanctioning authority within 24 hours from the time the record is made;
b) In case of minors committing administrative violations, The minutes will also be sent to that person's parents or guardian;
c) Case The violator or representative of the violating organization is not present on site make a record Administrative Violations or present but refuse to accept or well-founded believes that violating individuals and organizations avoid receiving records, then Delivery Administrative violation records are made according to regulations in Article 70 of the Law on Handling of Administrative Violations on sending penalty decisions administrative violations to enforce.
7. Minutes of administrative violations are made and sent electronically according to regulations in Clause 7, Article 58 of the Law on Handling of Administrative Violations shall comply with the provisions of the decree regulating the sanctioning of administrative violations in the field of state management, in accordance with the nature of each field.
8. Persons with authority to make records of administrative violations, relevant individuals and organizations if there is an error in transferring records of administrative violations or records of violations not on time, leading to the deadline for making a decision being exceeded. intended to impose a penalty, shall be handled according to the provisions of law.
Article 13. Cancel and issue new decisions on sanctioning administrative violations
1. The person who issued the decision himself or at the request of the persons specified in Clause 3, Article 18 of the Law on Handling of Administrative Violations must issue a decision to cancel the entire content of the decision if it falls into one of the following cases:
a) Incorrect violator;
b) VViolate regulations on authority to issue decisions;
c) Violating regulations on procedures for issuing decisions;
d) Cases specified in Clause 1, Article 12 of the Law on Handling of Administrative Violations;
d) Cases specified in Clause 6, Article 12 of the Law on Handling of Administrative Violations;
e) Cases specified in Clause 10, Article 12 of the Law on Handling of Administrative Violations;
g) Cases specified in Clause 3, Article 62 of the Law on Handling of Administrative Violations;
h) In case of not issuing a penalty decision specified in Clause 1, Article 65 of the Law on Handling of Administrative Violations.
2. Persons specified in Clause 3, Article 18 of the Law on Handling of Administrative Violations, according to the authority to issue decisions to cancel all erroneous decisions, if the person who issued the decision does not cancel the decision as prescribed in Clause 1 of this Article.
3. In the cases specified in Points a, b, c, dd and e, Clause 1 of this Article, if there is a basis to issue a new decision, the person who issued the decision must issue a new decision or Transfer to the person with authority to issue a new decision.
In the case specified in Point h, Clause 1 of this Article, if the exhibits and means of administrative violations are prohibited from being stored or circulated or the law stipulates the application of confiscation penalties and remedial measures. To recover the consequences of an administrative violation, the person with the authority to issue the decision must issue a new decision or transfer the person with the authority to issue the new decision to confiscate and apply remedial measures. fruit.
Article 14. Correction, amendment, supplement, and partial cancellation of decisions in sanctioning administrative violations
1. The person who issued the decision himself or at the request of the persons specified in Clause 3, Article 18 of the Law on Handling of Administrative Violations is responsible for correcting decisions when there are technical errors in drafting.
2. The person who issued the decision himself or at the request of the persons specified in Clause 3, Article 18 of the Law on Handling of Administrative Violations is responsible for amending, supplementing, and partially canceling the decision if the decision contains errors or violations that do not fall into the cases specified in Clause 1, Article 13 of this Decree and Clause 1 of this Article.
3. The decision to correct, amend, supplement or cancel part of the decision is saved in the sanction dossier.
Article 15. Implementation deadline and content of correction, amendment, supplement, cancellation of part or all of decisions in sanctioning administrative violations
1. Time limit for correction, amendment, supplement, or cancellation of part or all of the decision:
a) The time limit for correction, amendment, supplement, or partial cancellation of a decision is 01 year from the date the competent person issued the erroneous decision. In case the statute of limitations for sanctioning administrative violations specified in Clause 1 of this Article expires Point a, Clause 1, Article 6 of the Law on Handling of Administrative Violations, no correction, amendment, supplement, or partial cancellation of the decision shall be made;
b) The time limit does not apply to canceling all decisions issued from the effective date of the Law on Handling of Administrative Violations that fall into the cases specified in Clause 1, Article 13 of this Decree.
2. The time limit for correction, amendment, supplement, or partial cancellation of decisions specified in Point a, Clause 1 of this Article does not apply to the following cases:
a) The decision to impose penalties includes confiscation of material evidence and means of administrative violations and remedial measures specified in Clause 1 of this Article. Clause 1, Article 74 of the Law on Handling of Administrative Violations;
b) CThere is a decision to resolve complaints by the person or agency competent to resolve complaints regarding the need to amend, supplement or cancel part of the decision;
c) There is a conclusion on the denunciation content of the person or agency competent to resolve the denunciation that requires amendment, supplementation, or partial cancellation of the decision;
d) CThere are judgments and decisions of the Court on amending, supplementing and canceling part of the decision being sued.
3. For the cases specified in Clause 3, Article 13 of this Decree, if there is a basis for issuing a new decision, the competent person must make a record to verify the details of the administrative violation according to the provisions of Clause 3, Article 13 of this Decree. Article 59 of the Law on Handling of Administrative Violations.
The deadline for issuing a new decision is as prescribed in Clause 1, Article 66 of the Law on Handling of Administrative Violations, from the date of making a record to verify the details of the administrative violation case.
4. Decide whether to apply the sanction of confiscation of material evidence and means of administrative violations, remedial measures are corrected, amended, supplemented, and partially canceled according to the provisions of Point a, Clause 2, Article This document can only correct, amend, supplement or cancel part of the content related to the confiscation of material evidence and means of administrative violations and the application of remedial measures.
Article 16. Effect, duration, and statute of limitations for implementing decisions to correct, amend, supplement, cancel part or all of, and newly issued decisions on sanctioning administrative violations
1. Decisions to correct, amend, supplement or cancel part or all of the newly issued decisions take effect from the date of signing or a specific time after the date of signing the decision and are recorded in the decision. .
2. The time limit for implementing decisions to correct, amend, supplement, partially cancel, or newly issued decisions is 10 days from the date the violating individual or organization receives the decision; In case the newly issued decision has an implementation period of more than 10 days, it shall be implemented according to that period.
3. Statute of limitations for implementing decisions to correct, amend, supplement, partially cancel, or newly issued decisions:
a) The statute of limitations for implementing a decision to correct, amend, supplement or partially cancel a newly issued decision is 01 year from the date of issuance of the decision to correct, amend, supplement or partially cancel , new decision;
b) In case correction, amendment, supplement, partial cancellation or issuance of a new decision must be made multiple times, the statute of limitations is 02 years from the date of issuance of the corrected or amended decision. partial addition or cancellation;
c) Past the time limit specified in Points a and b of this Clause, the decision will no longer be enforced, except in cases where the sanctioning decision imposes the penalty of confiscation of material evidence and means of administrative violations. , remedial measures, the evidence and means must still be confiscated and remedial measures applied;
d) In case the sanctioned individual or organization intentionally evades or delays, the above statute of limitations is calculated from the time the evasion or delay ends.
1. In case the violating individual or organization does not send a written explanation to the person with authority to sanction administrative violations or does not send a written request to extend the time limit for explanation within the time limit specified in Clause 2, Article 61 of the Law on Handling of Administrative Violations or clearly state opinions in the administrative violation record about the Are not exercise rights explanation, The person with sanctioning authority shall issue a sanctioning decision within the time limit specified in Point a, Clause 1, Article 66 of the Law on Handling of Administrative Violations.
In case a violating individual or organization requests an explanation according to the provisions of the Clauses 2, 3 and 4 Article 61 of the Law on Handling of Administrative Violations, the person with sanctioning authority shall issue a sanctioning decision within the time limit specified in the regulations. Points b and c, Clause 1, Article 66 of the Law on Handling of Administrative Violations.
2. Individuals and organizations committing administrative violations do not require explanation but before the expiration of the time limit specified in the provisions Clauses 2 and 3, Article 61 of the Law on Handling of Administrative Violations require explanations, then the person with authority to sanction administrative violations is responsible for considering the explanations of individuals and organizations in violation according to procedures. procedures specified in the Clauses 2 and 3, Article 61 of the Law on Handling of Administrative Violations, except in cases where remedial measures must be immediately applied to destroy goods and items that are harmful to human health, livestock, plants and the environment. environment, measures to overcome environmental pollution, spread of epidemics and diseases for exhibits of administrative violations that are animals, live plants, perishable goods, items that are difficult to preserve, or exhibits, Vehicles that commit administrative violations pose a risk or have the potential to pollute the environment and spread epidemics and diseases.
3. The explanation and consideration of explanations are expressed in writing and kept in the sanction dossier.
4. In case when making a record of an administrative violation, the person with sanctioning authority has not yet been identified, the violating individual or organization shall send a written explanation to the person with authority to make a record. The competent person shall make a record and transfer the case file and written explanation to the competent person as soon as the authority to sanction administrative violations is determined.
Article 18. Public announcement on mass media of sanctions against individuals and organizations for administrative violations
1. Cases of violation must be publicly announced according to the provisions of Clause 1, Article 72 of the Law on Handling of Administrative Violations, the head of the agency or unit of the person who issued the sanctioning decision shall send a document on public announcement and a copy of the decision to sanction administrative violations to the information page. Electronic information or reports from the ministerial-level management agency, department level or the Provincial People's Committee where the administrative violation occurred within 03 working days from the date of issuance of the sanctioning decision.
In case of correction, amendment, supplement, cancellation or issuance of new decisions on sanctioning administrative violations, they must also be publicly announced according to the provisions of this Clause.
2. Publicly disclosed information includes: Full name, date of birth, identity card number or citizen identification number or personal identification number, nationality of the violator or name, address only of the violating organization; administrative violations; form of sanction; Remedial measures and implementation time.
3. The head of the newspaper agency or the person responsible for managing the content of the website and the time limit for public announcement is responsible for:
a) Post all information that needs to be disclosed within 02 working days from the date of receiving the document on public announcement and a copy of the decision to sanction administrative violations;
b) Publicly post information for each decision to sanction administrative violations at least once, Posting period is at least 30 days;
c) Post the correction within 01 working day on the website or the next issue of the newspaper, from the time of receiving the request.
4. The head of the agency that issued the decision to sanction administrative violations is responsible for:
a) Responsible for the content of publicly disclosed information;
b) Correct incorrect information within 01 working day from the time of discovery or receipt of correction request.
5. Correcting erroneous information:
a) In case an electronic information page or newspaper posts incorrect information specified in Clause 2 of this Article, the correct section or location where the incorrect information has been posted must be corrected within 24 hours, including from the time of discovery or receipt of a request for correction on the electronic information page or the next issue of the newspaper and must bear the cost of correction;
b) Correction is carried out once for each decision to sanction administrative violations, Posting period is at least 30 days.
6. In case the public announcement of the sanction cannot be carried out on time as prescribed in Clause 1 of this Article due to force majeure reasons, the person responsible for public announcement must report to the superior. directly and publicly announce the sanction immediately after the force majeure event is overcome.
7. Funds for public announcement and correction of false information are covered by regular operating funds from the agency of the competent person who issued the decision to sanction administrative violations.
8. People who violate the provisions of Clauses 1, 2, 3, 4, 5 and 6 of this Article will, depending on the nature and severity of the violation, be disciplined. If causing damage, they must compensate. reimbursed in accordance with the law on state compensation liability.
Article 19. Execution of decisions to sanction administrative violations in cases where the sanctioned person dies, goes missing, or the sanctioned organization dissolves or goes bankrupt
1. In case the sanctioned person dies or goes missing, the sanctioned organization dissolves or goes bankrupt according to the provisions of Article 75 of the Law on Handling of Administrative Violations, if the sanctioning decision is still valid for execution, the person who issued the sanctioning decision must issue a decision to partially implement the administrative sanctioning decision within 60 days. days from the date of death of the sentenced person as recorded in the death certificate; The missing person is recorded in the decision to declare missing; from the time the business registration agency announces the dissolution of the enterprise; the time the decision to declare bankruptcy takes effect. The implementation decision includes the following contents:
a) Suspension of sanctions and reasons for suspension; except for the cases specified in Point b of this Clause;
b) Penalties for confiscation of material evidence and means of administrative violations and remedial measures for continued implementation.
2. Responsibility for implementing sanctions such as confiscation of material evidence and means of administrative violations and applying remedial measures in cases where the sanctioned person dies, goes missing, or the sanctioned organization dissolves, bankrupt:
a) Individuals and organizations managing exhibits and means of administrative violations are responsible for implementing the sanction of confiscation of exhibits and means of administrative violations;
b) Individuals who are beneficiaries of inheritance as determined according to the provisions of civil law on inheritance are responsible for continuing to implement remedial measures within the scope of inheritance.
3. Send the decision to partially implement the decision to sanction administrative violations:
a) The decision to partially implement the decision to sanction administrative violations in case the sanctioned organization is dissolved or bankrupt must be sent to the agency, organization or individual competent to resolve the dissolution. bankrupt; Legal representative of the dissolved or bankrupt organization for execution;
b) The decision to partially implement the decision on sanctioning administrative violations must be sent to individuals and organizations specified in Clause 2 of this Article and Point a of this Clause within 03 working days from the date of issuance of the decision. determined.
4. Procedures for partial implementation of decisions on sanctioning administrative violations:
a) Procedures for partial implementation of decisions on sanctioning administrative violations specified in Point b, Clause 1 of this Article are carried out according to the provisions of Section 2 Chapter III Part Two Law on Handling of Administrative Violations;
b) In case the deadline for implementing the decision has passed and the individual or organization specified in Clause 2 of this Article does not take remedial measures, the agency of the person with sanctioning authority is processing the dossier. Administrative violations must be organized and implemented.
The cost of implementing remedial measures is deducted from the inheritance left by the sanctioned person or the remaining assets of the sanctioned organization that is dissolved or bankrupt and is considered one of the expenses. Priority payment costs (if any).
5. In case the sanctioned person dies without leaving an inheritance, or the sanctioned organization dissolves or goes bankrupt with no assets left, the implementation of remedial measures shall be carried out in accordance with the provisions of Clause 4, Article 85 of the Law on Handling of Administrative Violations.
6. The heirs of the sanctioned person who dies or goes missing, the legal representative of the sanctioned organization that is dissolved or bankrupt have the right to supervise and file complaints and lawsuits for implementation costs. and payment of costs for implementing remedial measures specified in Clause 4 of this Article.
Article 20. Forms and procedures for collection and payment of fines
1. Violating individuals and organizations must pay fines in one of the following forms:
a) Submit cash directly at the State Treasury or in commercial banks where the State Treasury Account opening is stated in the sanctioning decision;
b) Transfer money to the State Treasury account stated in the sanctioning decision through the National Public Service Portal or electronic payment service of a bank or organization providing intermediary payment services;
c) Pay the fine directly to the person with authority to impose fines as prescribed in Clause 1, Article 56, Clause 2, Article 78 of the Law on Handling of Administrative Violations or pay directly to the port authority or airport authority representative in case the fined person is a passenger transiting through Vietnamese territory to take an international flight departing from Vietnamese territory; flight crew members on duty on flights transiting through Vietnamese territory; flight crew members of foreign airlines operating international flights departing from Vietnamese territory;
d) Pay fines for administrative violations in the field of road traffic to the State Treasury according to the provisions of Points a, b and c, Clause 1 of this Article or through public postal services.
2. Procedures for paying fines:
a) In case the sanctioning decision only applies the form of fine if the individual being fined does not reside or the organization being fined is not headquartered in the place where the violation occurred, then at the request of the individual If the individual or organization is sanctioned, the person with sanctioning authority shall decide to pay the fine according to the form specified in Point b, Clause 1 of this Article and send the sanctioning decision to the violating individual or organization by post. in the form of a guarantee within 02 working days from the date of issuance of the sanctioning decision;
b) The sanctioned individual or organization shall pay the fine to the State Treasury account stated in the sanctioning decision within the time limit specified in Clause 1 of this Article. Clause 1, Article 73 of the Law on Handling of Administrative Violations;
c) Within 05 working days from the date the fine is paid directly into the account of the State Treasury or indirectly through public postal service, the person temporarily holds the documents to ensure processing. fine as prescribed in Clause 6, Article 125 of the Law on Handling of Administrative Violations The sanctioned individuals and organizations must return the temporarily seized documents by registered post in the case of direct submission or by public postal service in the case of indirect submission. The cost of sending the sanctioning decision and the cost of returning documents are paid by the sanctioned individual or organization;
d) CSanctioned demi-humans and organizations can directly receive their documents back first bag custody or through a legal representative or authorized representative.
3. In case of late payment of fines as prescribed in Clause 1, Article 78 of the Law on Handling of Administrative Violations, the fine collection agency will base on the penalty decision to calculate and collect late payment fines.
4. Decision to postpone the execution of the sanctioning decision; Reduce or waive the remainder or all of the fine; Payment of fines in multiple installments must be in writing.
The time to consider and decide to reduce or waive the remaining amount or allow multiple fine payments is not counted as the time for late payment of the fine.
5. VCollection, payment, and refund of fines carried out according to regulations determined prescribed by the Government about Administrative procedures in the field of State Treasury.
6. The Minister of Finance guides the collection and payment of fines for administrative violations specified in Clauses 1, 2 and 3 of this Article; How to calculate and offset the difference in fines (if any) in case there is a decision to correct, amend, supplement, cancel or issue a new decision in sanctioning administrative violations.
Article 21. Documents on collection and payment of fines and late payment fines for administrative violations
1. Documents of collection and payment of fines and late payment interest are printed, issued, managed and used uniformly nationwide or electronic documents submitted to the state budget according to the provisions of law to determine Receive the amount of money that individuals and organizations sanctioned for administrative violations have paid to the fine collection agency. Cinspiration from collecting and paying fines, late payment fine Administrative violations must be saved in the administrative violation sanctioning records according to the provisions of law on archiving.
2. Documents on collection and payment of fines and late payment interest include:
a) The fine collection receipt must be pre-printed with the face value used to collect fines for administrative violations on the spot as prescribed in Clause 1 of this Article. Clause 2, Article 69 and Clause 2, Article 78 of the Law on Handling of Administrative Violations In case of fine up to 250,000 VND for individuals, 500,000 VND for organizations;
b) Fine receipts without pre-printed denominations are used to collect fines for the remaining cases of administrative violations and collect late payment fines;
c) Payment slip, electronic documents for payment to the state budget (if any);
d) Certificate of fine payment in the field of road traffic from the enterprise providing public postal services (if any);
d) Other documents as prescribed by law.
3. Issuing fine receipts is carried out as follows:
a) The Ministry of Finance is responsible for organizing the issuance of fine collection receipts to agencies and units of persons with authority to sanction administrative violations and agencies and organizations collecting fines for administrative violations according to regulations under the law.
Postal service providers are responsible for organizing the printing and management of fine payment certificates in the field of road traffic through public postal services;
b) Issuing agencies and organizations must issue a written notice of issuance before using the form of receipt for administrative violation fines or fine payment certificate in the field of road traffic for the first time. ;
c) Individuals and organizations issued with administrative violation fine receipts and fine payment certificates in the field of road traffic must manage and use the fine collection receipts and fine payment certificates. according to the provisions of this Decree and other relevant legal regulations.
4. Use documents to collect and pay fines and late payment interest:
a) Individuals and organizations collecting fines when using fine receipts must compare the information recorded on the decision to sanction administrative violations and the contents recorded on the fine receipt in accordance with regulations. The total amount on the fine receipts must match the fine amount stated in the sanctioning decision;
b) In case of late payment of fines for administrative violations as prescribed in Clause 1, Article 78 of the Law on Handling of Administrative Violations, the content of the receipt must clearly state the amount of money collected and the collection is in the case of collection of late payment fines;
c) Individuals and organizations paying fines for administrative violations have the right to refuse to pay or request a refund of the fine amount paid If you discover that the fine receipt or collection document is not in accordance with the prescribed form, is not recorded in accordance with the decision on sanctioning administrative violations, is not recording the correct amount of fine, or is late in paying the fine (if any) and reporting it to the agency. The management agency who has the authority to collect fines knows how to handle it promptly.
5. Management of fine receipts:
a) The management of receipts for fines for administrative violations is carried out according to the current management regime appropriate to each type of receipt;
b) Agencies and organizations that are issued receipts to collect fines for administrative violations are responsible for opening books to monitor import, export, preservation and retention of receipts according to the current accounting regime; Hahng month, hahPrepare a report on the use of receipts for fines for administrative violations; HahFive years of finalizing receipts for fines for administrative violations according to the provisions of law;
c) Cancellation of fine receipts shall be carried out in accordance with the provisions of law appropriate to each type of receipt.
6. Electronic documents submitted to the state budget are issued and used according to the provisions of law.
7. The Minister of Finance shall specify the content and form of fine collection receipts and other fine collection documents; Organize the printing, issuance, management and use of fine receipts and late payment fines for administrative violations, except for fine payment certificates in the field of road traffic through regulated public postal services. specified in Clause 3 of this Article.
Article 22. Transfer of decisions on sanctioning administrative violations to organize enforcement
1. The agency of the person who issued the decision to sanction administrative violations for the cases specified in Clauses 1 and 2, Article 71 of the Law on Handling of Administrative Violations, are responsible for transferring all original documents and related documents to the agency receiving the sanctioning decision for enforcement. Temporarily seized and confiscated exhibits and means of administrative violations (if any) will be transferred to the agency receiving the sanctioning decision for enforcement.
The transfer and handover of material evidence and means of administrative violations to the agency receiving the sanctioning decision for enforcement must be recorded in writing.
2. Consider postponing, reducing, or waiving fines in case of transferring decisions on sanctioning administrative violations for enforcement:
a) In case the fined individual or organization requests to postpone, reduce or waive fines as prescribed in the provisions of the Law Articles 76 and 77 of the Law on Handling of Administrative Violations, the competent person at the agency receiving the sanctioning decision for enforcement is responsible for receiving, reviewing, and deciding on postponement, reduction, exemption, and at the same time notify Notify the person who requested the postponement, reduction, or exemption and the competent person who issued the decision to sanction the administrative violation. If they do not agree with the postponement, reduction, or exemption, they must clearly state the reason;
b) In case the sanctioned individual or organization sends a request to postpone, reduce or waive fines to the competent person who has issued the decision to sanction administrative violations, the competent person has issued the sanctioning decision. is responsible for receiving and transferring the application to the competent person at the agency receiving the sanctioning decision specified in Point a of this Clause to consider and decide on postponement, reduction or exemption.
3. In case the sanctioned individual or organization does not voluntarily comply with the sanctioning decision as prescribed in Clause 1, Article 73 of the Law on Handling of Administrative Violations, the competent person at the agency receiving the sanctioning decision for enforcement is responsible for issuing a decision to enforce the decision to sanction administrative violations according to regulations. under the law.
4. In case exhibits are temporarily seized according to the provisions of Clause 3, Article 71 of the Law on Handling of Administrative Violations and Evidence and Means of Administrative Violations are real estate, aircraft, ships, inland waterway vehicles, bulky and difficult-to-transport goods and vehicles. If transportation costs are high, the agency of the person who issued the decision to sanction administrative violations shall retain the sanctioning decision to organize enforcement.
Article 23. Handling of evidence and means appropriated or illegally used for administrative violations in cases of confiscation
1. For exhibits and vehicles that are temporarily detained due to appropriation or illegal use for administrative violations in the case of confiscation, the provisions at Clause 1, Article 126 of the Law on Handling of Administrative Violations. In this case, the violating individual or organization must pay an amount of money equivalent to the value of the violating material evidence and means into the state budget.
In case of having to pay a sum of money equivalent to the value of the evidence and means of violation in a case involving many individuals or organizations committing violations, the violating individuals and organizations are all responsible for paying the equivalent amount of money. The value of material evidence and means of administrative violations will be transferred to the state budget according to the ratio decided by the person with sanctioning authority, except in cases where the violating individual or organization has a consensus or agreement in writing. sent to the person with sanctioning authority within the time limit for issuing decisions on sanctioning administrative violations specified in Article 66 of the Law on Handling of Administrative Violations.
2. For exhibits and means of administrative violations that are confiscated but have registered property mortgage security measures according to the provisions of civil law, they will be handled as follows:
a) The mortgagee receives back the evidence, means or value corresponding to the secured obligation; Violating individuals and organizations must pay an amount of money equivalent to the value of material evidence and means of administrative violations into the state budget;
b) Receiving party Mortgage Have the obligation to notify in writing the results of handling collateral assets to the person competent to sanction administrative violations within 03 working days from the date of receiving the results of handling collateral assets as physical evidence. , means of administrative violation are subject to confiscation. In case the security asset after being processed has a value greater than the value of the guaranteed obligation, but the individual or organization committing the administrative violation has not paid a full amount of money equivalent to the value of the material evidence and means of violation. administration into the state budget, the mortgagee is obliged to transfer the difference in value of the secured property to the state budget within 05 working days from the date of the written notice of conclusion. result of handling secured assets;
c) The mortgagee does not fulfill the obligation to transfer the difference in value of the collateral which is material evidence or means of administrative violation subject to confiscation within the prescribed time limit, and will be fined according to regulations. of the law on sanctioning administrative violations in the field of currency and banking or other related fields.
3. Depending on the specific type of evidence and means, determining the value of the evidence and means of violation to determine the equivalent amount of money that the violating individual or organization must pay into the state budget is based on a certain amount of money. on the grounds prescribed in Clause 2, Article 60 of the Law on Handling of Administrative Violations. The competent person handling the case is responsible for determining the value of the evidence and means of violation.
In case it is not possible to apply the grounds specified in Clause 2, Article 60 of the Law on Handling of Administrative Violations, the competent person handling the case must establish a Valuation Council. The establishment of the Valuation Council is carried out according to the provisions of Clause 3, Article 60 of the Law on Handling of Administrative Violations.
4. Forms and procedures for collecting and paying a sum of money equivalent to the value of evidence and means of violation into the state budget are implemented according to the provisions of Article 21 of this Decree.
Article 24. Determination of sanctioning authority in cases where exhibits and means of administrative violations are goods banned from storage or circulation
1. In case the decrees regulating penalties for administrative violations in the fields of state management stipulate the value or quantity of goods banned from storage or circulation and the fine framework for violations. If the offender has material evidence or means of administrative violation that are goods banned from storage or circulation, the sanctioning authority is determined according to the provisions of Clause 1 of this Article. Chapter II Part Two Law on Handling of Administrative Violations and regulations of the decree on sanctioning of administrative violations.
For exhibits and means of administrative violations that are goods banned from storage or circulation that do not fall into the above cases, the value of exhibits and means of administrative violations does not have to be determined but the dossier must be transferred. the case to the person with sanctioning authority as prescribed in Clause 2 of this Article.
2. The authority to sanction cases of exhibits and means of administrative violations that are goods banned from storage or circulation is determined according to the following principles and order:
a) If the competent person handling the case is the person with the highest sanctioning authority in the field of state management, the sanctioning authority still belongs to that person;
b) If the competent person handling the case is not the person with the highest sanctioning authority in the field of state management or is not the Chairman of the Provincial People's Committee, then that person must transfer the case. violation to the Chairman of the Provincial People's Committee where the violation occurs or the person with the highest sanctioning authority in that field of state management to issue a sanctioning decision.
3. The authority to decide to temporarily confiscate material evidence and means of administrative violations that are goods banned from storage or circulation is implemented according to the provisions of Clause 3, Article 125 of the Law on Handling of Administrative Violations.
Article 25. Administrative sanctions against minors
1. When sanctioning administrative violations against minors, if the age cannot be accurately determined to apply the sanction, the person with sanctioning authority shall choose to apply the sanction. most beneficial to the violator.
2. Before deciding to impose a warning on a minor who commits an administrative violation, the person with sanctioning authority must consider the conditions for applying the warning measure specified in Clause 1 of this Article. Article 139 of the Law on Handling of Administrative Violations and Article 26 of this Decree. Only issue a decision to issue a warning to a minor when the conditions for applying the warning measure are not met.
1. Reminder measures are educational measures that are applied instead of warning sanctions for minors who commit administrative violations so that minors are aware of their violations.
2. Subjects and conditions for applying reminder measures:
a) Minors from 14 years old to under 16 years old are sanctioned for administrative violations when they voluntarily declare, admit and sincerely apologize for their violations;
b) Minors from full 16 years old to under 18 years old are sanctioned for administrative violations when the prescribed administrative violation is subject to a warning and the minor voluntarily declares and admits the violation. violate and sincerely apologize for your violation.
3. The person with sanctioning authority shall base on the conditions specified in Clause 2 of this Article to consider and decide to apply the warning measure. Reminders are given verbally, on the spot and do not have to be recorded.
Article 27. Responsibilities of persons with authority to sanction administrative violations when performing official duties
1. When sanctioning administrative violations, competent persons must:
a) Have an order or decision to perform official duties from a competent authority, wear uniforms, military uniforms, uniforms, badges of the sector or use an inspection card or civil servant card to perform specialized inspection tasks according to regulations of the Law;
b) Handle promptly, in accordance with the nature and extent of violations, in accordance with the law on sanctions for administrative violations, orders, charters and regulations of each industry;
c) Serious and gentle in performing public duties.
2. People who violate the provisions of Clause 1 of this Article or violate the regulations on prohibited acts in Article 12 of the Law on Handling of administrative violations or violations of other provisions of law, depending on the nature and severity of the violation, they will be disciplined or prosecuted for criminal liability; If causing damage, compensation must be made according to the provisions of law on state compensation liability.
Article 28. Handling responsibilities in implementing the law on handling administrative violations
The consideration and handling of responsibilities of competent agencies and persons in enforcing the law on handling of administrative violations, depending on specific cases, shall be carried out in accordance with the Government's regulations or relevant laws. relate to.
STATE MANAGEMENT OF LAW ENFORCEMENT AND HANDLING OF ADMINISTRATIVE VIOLATIONS
Section 1. CONTENT OF STATE MANAGEMENT IN LAW ENFORCEMENT ON HANDLING OF ADMINISTRATIVE VIOLATIONS
Article 29. Developing and perfecting laws and monitoring the implementation of laws on handling administrative violations
1. Research, review, develop and improve policies and laws on handling administrative violations.
2. Develop and submit to competent authorities for promulgation or promulgate according to authority legal documents on handling of administrative violations.
3. Monitor the implementation of laws on handling administrative violations.
4. Summary and summary of the implementation of laws on handling of administrative violations to complete the system of legal documents.
Article 30. Dissemination of law, guidance, training and professional development on the law on handling administrative violations
1. Research and compile documents to serve the work of disseminating, fostering and training the law on handling administrative violations.
2. Organize training and professional development for people working on handling administrative violations.
3. Organize the dissemination of laws on handling administrative violations with content and form appropriate to each specific subject.
4. Professional guidance on applying the law on handling administrative violations.
Article 31. Checking the implementation of laws on handling administrative violations
1. Kinspection plan enforcement of laws on handling of administrative violations the ministries, ministerial-level agencies, Vietnam Social Insurance, Supreme People's Court, State Audit and Provincial People's Committee sent to the Ministry of Justice within 10 days from the date of promulgation for monitoring, coordination and implementation.
The Ministry of Justice is responsible for presiding over monitoring and synthesizing inspection plans of ministries, ministerial-level agencies, Vietnam Social Insurance, the Supreme People's Court, and the State Audit to ensure the principle of not exceeding 01 inspection per year for agencies and units under management, except for unexpected inspections.
2. The Ministry of Justice, within the scope of its duties and powers, is responsible for coordinating with ministries, ministerial-level agencies, Vietnam Social Insurance, Supreme People's Court, State audit Develop inspection plans and handle duplicate and overlapping inspection plans.
3. The Minister of Justice inspects the implementation of laws on handling administrative violations by ministries, ministerial-level agencies, Vietnam Social Insurance, People's Committees of provinces and centrally run cities and management agencies have the authority to handle administrative violations.
4. Minister of Justice help the Government implement Inspect the implementation of laws on handling of administrative violations Supreme People's Court, State Audit As prescribed at Article 17 of the Law on Handling of Administrative Violations.
5. Inspection in the enforcement of laws on handling of administrative violations is carried out in accordance with the Government's regulations on inspection and disciplinary action in the enforcement of laws on administrative violations.
Article 32. Coordinate inspection of the implementation of laws on handling of administrative violations
1. Coordination in inspection and enforcement of laws on handling administrative violations between the Ministry of Justice and relevant central agencies; between the Department of Justice and specialized agencies of the Provincial People's Committee, vertically organized agencies located in the province, centrally run city, and district People's Committee is implemented in In case there are recommendations or reports from individuals, organizations or the press about the application of legal regulations on handling administrative violations that seriously affect the legitimate rights and interests of individuals and organizations .
2. Order and procedures for coordinated inspection comply with the provisions of law on inspection.
Article 33. National database on handling of administrative violations
1. The national database on handling administrative violations is built on the basis of integrating electronic data from the database on handling administrative violations of the ministries, ministerial-level agencies, Vietnam Social Insurance, State Audit, Supreme People's Court and People's Committees at all levels and management agencies with authority to handle administrative violations.
2. The national database on handling administrative violations must be guaranteed connect with National database on residential and Database Other specialized fields as prescribed by law.
3. The construction, management, exploitation and use of the national database is carried out according to regulations of the Government and the Minister of Justice.
Article 34. Statistics on handling of administrative violations
1. Statistics on handling administrative violations are the basis for assessing the situation, predicting trends in administrative law violations, proposing solutions, improving policies and laws, and serving management. State in the enforcement of laws on handling administrative violations.
2. Statistical information on handling administrative violations is collected in accordance with the law on statistics.
Article 35. Report on law enforcement work on handling administrative violations
1. Report on law enforcement on handling of administrative violations includes reports on the situation of sanctioning administrative violations and reports on the application of administrative handling measures, which are carried out periodically. annual period.
2. Report on the situation of sanctioning administrative violations includes the following contents:
a) General comments and assessments on the situation of administrative violations and sanctions for administrative violations;
b) Number of violations detected and punished; Subjects subject to sanctions; the application of sanctions and remedial measures; measures to prevent and ensure sanctions for administrative violations; common types of violations;
c) Results of implementing decisions to sanction administrative violations: Total number of decisions to sanction; total proceeds from penalties for administrative violations; Number of licenses and practice certificates revoked for a limited period of time; Number of cases of temporary suspension of operations; number of completed penalty decisions; number of decisions to postpone, reduce, or waive fine enforcement; number amount of decision Right enforcement; number of decisions complained or sued;
d) Number of violators who are minors to whom the alternative measure of handling administrative violations is applied: reminders;
d) Number of files with signs of crime transferred for criminal prosecution;
e) Number of documents referred by an agency competent to conduct criminal proceedings to sanction administrative violations;
g) Difficulties and obstacles in implementing the law on sanctioning administrative violations; recommendations, suggestions.
3. Report on the application of administrative handling measures includes the following contents:
a) General comments and assessments on the situation of applying educational measures in communes, wards and towns and prepare dossiers requesting the application of administrative handling measures such as sending to reformatories or sending to educational establishments. compulsory education, sending to compulsory detoxification facilities; number of complaints and lawsuits;
b) General comments and assessments on the situation of consideration and decision of the People's Court on the application of administrative measures of sending to a reformatory, sending to a compulsory education facility, sending to a facility Compulsory detoxification;
c) Number of subjects filed to request the application of educational measures in communes, wards, towns and number of subjects filed to request the Court to apply administrative measures of sending to a school nursing, sending to compulsory education establishments, sending to compulsory detoxification establishments; number of subjects subject to educational measures in communes, wards and towns; sent to reformatory; put into compulsory educational establishments; sent to compulsory detoxification facilities;
d) Number of violators who are minors who are eligible for alternative measures to handle administrative violations managed at home and gcommunity-based education;
d) Comment and evaluate the situation of organizing the implementation of the decision to apply educational measures in communes, wards and towns; number of decisions to temporarily suspend implementation;
e) Comments and assessments on the situation of organizing the implementation of the decision to send to a reformatory; put into compulsory educational establishments; number of decisions to postpone or waive execution of decisions;
g) Comments and assessments on the situation of organizing the implementation of the decision to send to compulsory detoxification facilities; number of decisions to postpone or waive execution of decisions;
h) Number of subjects complying with the decision to apply administrative handling measures at compulsory education establishments or reformatories; reduce deadlines; Temporarily suspend or exempt from serving the remaining time;
i) Number of subjects currently complying with the decision to apply administrative measures at the compulsory detoxification facility; reduce deadlines; Temporarily suspend or exempt from serving the remaining time;
k) Difficulties and problems; suggestions and recommendations.
4. Time latch Actual reported data currently in accordance with the Government's regulations on reporting regimes of state administrative agencies.
5. The Minister of Justice shall specifically stipulate the reporting regime for law enforcement on handling of administrative violations.
Section 2. RESPONSIBILITIES FOR IMPLEMENTING STATE MANAGEMENT IN ENFORCEMENT OF THE LAW ON HANDLING OF ADMINISTRATIVE VIOLATIONS
Article 36. Responsibilities of the Ministry of Justice
1. Develop and improve the law on handling administrative violations:
a) Propose to competent authorities the development and improvement of laws on handling administrative violations;
b) Develop and promulgate according to authority or submit to a competent authority for promulgation Legal documents on handling administrative violations;
c) Preside and coordinate with the Government Office, ministries, ministerial-level agencies, and Vietnam Social Insurance to develop a list of decrees detailing regulations Law on Handling of Administrative Violations; guide, inspect, and urge the ministries, ministerial-level agencies, Vietnam Social Insurance in proposing and implementing the Program for developing decrees;
d) Recommend competent authorities to study amending, supplementing and perfecting the law on handling administrative violations based on recommendations of agencies, organizations, individuals and management practices. Law enforcement on handling administrative violations; Chair and coordinate with the Government Office and relevant agencies to research and propose to the Government and Prime Minister plans to handle limitations and inadequacies in the practical application of laws on handling violations. administrative violations;
d) Summary and summary of the implementation of laws on handling of administrative violations.
2. Monitoring the implementation of laws on handling administrative violations:
a) Guide, inspect and urge the ministries and branches, localities in implementing the law on handling administrative violations, promptly detect difficulties and problems to propose solutions;
b) Have opinions on the application of laws on handling administrative violations as assigned by the Government and the Prime Minister.
3. Guidance on implementing the law on handling administrative violations according to authority or at the request of ministries and branches, local.
4. Guide the work of disseminating laws on handling administrative violations; preside and coordinate with the ministries and branches, local authorities provide guidance, training and professional development in implementing the law on handling administrative violations.
5. Preside and coordinate with the ministries and branches, localities and relevant agencies and organizations carry out the inspection Law enforcement work on handling administrative violations.
6. Recommendations competent authority Organize inspections when there are recommendations or feedback from individuals or organizations on the application of laws on handling administrative violations that seriously affect the legitimate rights and interests of individuals and organizations.
7. Build a national database on handling administrative violations; Guide the management, exploitation and use of the National Database on handling of administrative violations according to the provisions of law.
8. Establish and maintain the operation of an electronic information portal to receive feedback, recommendations, and results of resolving administrative violations according to regulations.
9. QRegulating reporting regimes and statistical data forms in handling administrative violations and make reports and statistics on handling administrative violations.
10. Develop and submit to competent authorities a report on law enforcement on handling administrative violations.
Article 37. Responsibilities of ministries, ministerial-level agencies, Vietnam Social Insurance, Supreme People's Court, House Audit water
1. Responsibilities of ministries, ministerial-level agencies, and Vietnam Social Insurance:
a) Carry out the tasks of developing and perfecting the law on handling administrative violations within the scope of authority;
b) Perform tasks Report on law enforcement work on handling administrative violations within the scope of authority;
c) Carry out statistical tasks on handling administrative violations within the scope of authority;
d) Coordinate xBuilding a database on handling administrative violations; Direct agencies and units to provide information to serve the work of building a database on handling administrative violations and integrating it into the national database on handling administrative violations at the Ministry of Justice. France;
D) Carry out inspections and tests on the implementation of laws on handling administrative violations in the fields under their management authority.;
e) Carrying out the tasks of disseminating, training, and fostering professional skills in applying the law on handling administrative violations under the management authority of ministries, ministerial-level agencies, and Vietnam Social Insurance;
g) Build facilities, strengthen organization, and allocate resources to implement the enforcement of laws on handling administrative violations.
2. Responsibilities of ministries, ministerial-level agencies, and Vietnam Social Insurance in reporting on law enforcement work on handling administrative violations:
a) Report on the situation of sanctioning administrative violations according to the content specified in Clause 2, Article 35 of this Decree.
For Vietnam Social Insurance, ministries and ministerial-level agencies are organized vertically and located in centrally-run provinces and cities., then synthesize data from affiliated units and send it to the Ministry of Justice;
b) The Ministry of Labor, War Invalids and Social Affairs reports on the situation of applying the measure of sending to compulsory detoxification facilities according to the content specified in the regulations. Points a, c, g, i and k, Clause 3, Article 35 of this Decree;
c) The Ministry of Public Security reports on the application of educational measures in communes, wards, towns; sent to reformatory; Compulsory educational establishments according to the content specified in the Points a, c, d, dd, e, h and k, Clause 3, Article 35 of this Decree;
d) Report Law enforcement work on handling administrative violations shall be sent to the Ministry of Justice within the time limit according to regulations on the reporting regime on law enforcement work on handling administrative violations of the Minister of Justice.
3. The Supreme People's Court performs the tasks prescribed in Clause 4, Article 17 of the Law on Handling of Administrative Violations and annually send reports to the Ministry of Justice on the situation of sanctioning administrative violations according to the content specified in Clause 2, Article 35 of this Decree and report on the application of administrative handling measures according to content specified in the Points b, c, d, e, g, h, i and k, Clause 3, Article 35 of this Decree.
4. State audit Carry out the tasks as prescribed in Clause 4, Article 17 of the Law on Handling of Administrative Violations and annually send reports to the Ministry of Justice on the situation of sanctioning administrative violations according to the content specified in Clause 2, Article 35 of this Decree.
5. Legal organizations of ministries, ministerial-level agencies, and Vietnam Social Insurance preside over and assist Ministers, Heads of ministerial-level agencies, and General Director of Vietnam Social Insurance in managing the implementation of laws on handling Manage administrative violations in areas under management; perform the tasks specified in clause 1 and Clause 2 This and other duties as assigned.
Article 38. Responsibilities of the Ministry of Finance
1. Perform the tasks specified in the Clauses 1, 2, and 5, Article 37 of this Decree.
2. Preside and coordinate with the Ministry of Justice to guide and ensure funding for state management of law enforcement on handling of administrative violations and organize the implementation of law on handling of violations. administrative violations according to the provisions of the State Budget Law.
Article 39. Responsibilities of People's Committees at all levels
1. People's Committees at all levels, in the process of implementing the law on handling administrative violations, if they discover that regulations on handling administrative violations are not feasible, inconsistent with practice or overlapping, If there is a conflict, then request the drafting agency or the Ministry of Justice to research and resolve.
2. Responsibilities of People's Committees at all levels in reporting on law enforcement work on handling administrative violations:
a) The Chairman of the Commune People's Committee reports on the implementation of the law on handling administrative violations in the fields under the management of his/her locality to the District People's Committee within the prescribed time limit. Regulations on reporting regime for law enforcement on handling of administrative violations of the Minister of Justice.
The Justice Department advises and assists the Chairman of the District People's Committee in reporting on law enforcement work on handling administrative violations in the locality;
b) Heads of specialized agencies under the Provincial People's Committee and vertically organized agencies located in the province, centrally run city, and district People's Committee report on the implementation work. implement the law on handling administrative violations in the fields under their management to the Department of Justice so that the Department of Justice can summarize and report to the Provincial People's Committee within the time limit according to regulations on reporting regime. Report on the enforcement of laws on handling of administrative violations by the Minister of Justice.
The Department of Justice advises and assists the Chairman of the Provincial People's Committee in reporting on law enforcement work on handling administrative violations in the locality;
c) The Chairman of the Provincial People's Committee shall report on law enforcement work on handling administrative violations in areas under local management and send it to the Ministry of Justice within the prescribed time limit. on the reporting regime for the enforcement of laws on handling administrative violations of the Minister of Justice.
For data on handling administrative violations of vertically organized agencies located in provinces and centrally run cities, to serve the work of monitoring the situation of handling administrative violations in the locality. discussed, the Chairman of the Provincial People's Committee did not summarize it in the Report on law enforcement work on handling administrative violations sent to the Ministry of Justice;
d) Presidents of People's Committees at all levels, within their authority, report on the contents specified in Clause 2, Points a, c, d, dd and k Clause 3 Article 35 of this Decree.
3. Carry out statistical tasks on handling administrative violations within the scope of local management.
4. Provincial People's Committees are responsible for building a database on handling administrative violations within the locality; Direct departments, divisions and branches to provide information to serve the work of building a database on handling administrative violations.
The Department of Justice helps the Provincial People's Committee build a database on handling administrative violations and integrate it into the national database on handling administrative violations at the Ministry of Justice.
5. Carry out inspection of the implementation of laws on handling of administrative violations.
6. Organize inspections according to the recommendations of the Department of Justice or when there are feedbacks and recommendations from individuals, organizations and the press on the application of laws on handling administrative violations that seriously affect the rights , legitimate interests of individuals and organizations in the area in the cases specified in Article 32 of this Decree.
7. Carry out the tasks of disseminating, training and fostering professional skills in applying the law on handling administrative violations within the scope of local management.
8. Direct the construction of facilities, strengthen the organization, and allocate resources to implement the enforcement of laws on handling administrative violations.
9. The Department of Justice presides over, advises and assists the Provincial People's Committee in managing the law enforcement work on handling administrative violations in the locality.
Article 40. Funding for organizing the enforcement of laws on handling of administrative violations
1. Funding for state management of law enforcement on handling of administrative violations and organization of implementation of law on handling of administrative violations is covered by the state budget guaranteed and arranged in the state budget estimates of relevant agencies and units according to regulations State Budget Law.
2. Central agencies, local agencies and units prepare budget estimates for organizing law enforcement on handling administrative violations at the same time as preparing annual budget estimates and sending them to agencies. Finance at the same level synthesizes and submits to competent authorities for consideration and decision.
Article 41. Forms used in handling administrative violations
1. Issued together with this Decree is the Appendix on sample records and decision samples for use in sanctioning administrative violations.
2. Forms used in applying administrative handling measures are issued together with Decrees specifically regulating the regime of applying administrative handling measures.
3. In necessary cases, to meet the requirements of state management, Ministers and Heads of ministerial-level agencies may issue other forms, in addition to the forms specified in Clause 1 and Clause 1. 2 This Article is for use in your industry or field, after obtaining the written consent of the Minister of Justice.
4. Forms used in handling administrative violations are stored in paper and stored electronically. Competent agencies and persons can use pre-printed forms or print the forms themselves, manage and take responsibility according to the provisions of law.
5. The agency competent to handle administrative violations must be responsible for the accuracy and completeness in the printing, issuance, management and use of forms issued according to the provisions of Clause 1, 2 and 3 This.
Article 42. Effectiveness of implementation
1. This Decree takes effect from date 01 month 01 2022.
2. Regulations in Point a Clause 1, Clauses 2 and 4 Article 15 This Decree takes effect for decisions on sanctioning administrative violations issued from January 1, 2021.
3. This Decree replaces Decree No 81/2013/ND-CP July 19, 2013 of the Government detailing a number of articles and implementation measures Law on Handling of Administrative Violations and Decree no 97/2017/ND-CP August 18, 2017 of the Government amending and supplementing a number of articles of Decree No. 81/2013/ND-CP July 19, 2013 of the Government detailing a number of articles and implementation measures Law on Handling of Administrative Violations.
Article 43. Responsibility for implementation
Ministers, Heads of ministerial-level agencies, Heads of Government agencies, Chairmen of People's Committees of provinces and centrally-run cities and relevant agencies are responsible for implementing this Decree./ .
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Recipients: |
TM. GOVERNMENT Pham Binh Minh |
SOME FORMS IN SANCTIONS FOR ADMINISTRATIVE VIOLATIONS
(Attached to Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government)
|
STT |
Code |
Forms |
|
I. |
DECISION FORM | |
|
1 |
Decisions to sanction administrative violations are not recorded | |
|
2 |
Decision to sanction administrative violations (used for cases where one or more individuals/organizations commit one or more administrative violations) | |
|
3 |
Decision to postpone the implementation of the fine decision | |
|
4 |
Decision to reduce/exempt the remainder/exempt all administrative violation fines | |
|
5 |
Decided to pay the fine multiple times | |
|
6 |
Decision to postpone the execution of the trial decision punish expulsion | |
|
7 |
Decision to enforce deduction of part of salary/part of income | |
|
8 |
Decide to forcibly deduct money from the account | |
|
9 |
The decision to enforce property distraint has a value corresponding to the fine amount/must be refunded | |
|
10 |
Decision to enforce collection of money and assets to enforce decisions on sanctioning administrative violations/refund of funds | |
|
11 |
Coercive decision to force the implementation of remedial measures | |
|
12 |
Decision to enforce the decision to sanction administrative violations (Used for forced deduction of part of salary/part of income/money from the account and forced to take remedial measures) | |
|
13 |
Decision to enforce the decision to sanction administrative violations (Used in cases of forced distraint of assets whose value corresponds to the amount of money punish/must return and forced to take remedial measures) | |
|
14 |
Decision to enforce the decision to sanction administrative violations (used in cases of coercive collection of money and assets to enforce decisions on sanctioning administrative violations/complete pay expenses and forced to take remedial measures) | |
|
15 |
The decision to distrain assets has a value corresponding to the fine amount | |
|
16 |
Decision to confiscate material evidence and means of administrative violations (used in cases where no decision to sanction administrative violations is issued or The temporary detention period expires and the violator, owner, manager or legal user does not come to receive it) | |
|
17 |
Decision forced perform Remedial measures (used in cases where a decision to sanction administrative violations is not issued) | |
|
18 |
Decision to force the destruction of evidence and means of administrative violations | |
|
19 |
Decision to partially implement a decision to sanction an administrative violation (used in cases where the person being fined dies/is missing; the organization is dissolved/bankrupt) | |
|
20 |
Decision to temporarily detain people according to administrative procedures | |
|
21 |
Decision to extend the temporary detention period according to administrative procedures | |
|
22 |
Decision to temporarily confiscate material evidence, means of administrative violations, licenses and practice certificates | |
|
23 |
Decision to extend the period of temporary seizure of exhibits, means of administrative violations, licenses and practice certificates | |
|
24 |
Decide to hand over seized vehicles according to administrative procedures to the organization, individual keep, preserve | |
|
25 |
Decide to deduct the guarantee deposit | |
|
26 |
Decide to return exhibits, means of administrative violations, and temporarily seized licenses and practice certificates | |
|
27 |
Decide to search according to administrative procedures | |
|
28 |
Decide to search means of transport and objects according to administrative procedures | |
|
29 |
Decide to search the place where evidence and means of administrative violations are hidden | |
|
30 |
Decide to search the place where evidence and means of administrative violations are hidden, including residence | |
|
31 |
Decision define hcommittee Remove measures to prevent and ensure handling of administrative violations | |
|
32 |
Decision determined Transfer the means of transport assigned to the organization, Individuals keep and preserve it place detained | |
|
33 |
Decision to temporarily suspend the implementation of decisions on sanctioning administrative violations | |
|
34 |
Decision to end the temporary suspension of execution of decisions on sanctioning administrative violations | |
|
35 |
Decision to transfer records of violations showing signs of crime for criminal prosecution | |
|
36 |
Decision on assigning authority to sanction administrative violations | |
|
37 |
Decision on assigning the right to enforce the decision to sanction administrative violations | |
|
38 |
Decision on assigning the right to temporarily detain people according to administrative procedures | |
|
39 |
Decision to terminate the delegation of authority to sanction administrative violations/enforce the execution of decisions to sanction administrative violations/detain people according to administrative procedures | |
|
40 |
Decision on amendments and supplements, partially cancelled decisions in sanctioning administrative violations | |
|
41 |
Decision to correct decisions in sanctioning administrative violations | |
|
42 |
Decision to cancel the decision in sanctioning administrative violations | |
|
43 |
Decision to request appraisal | |
|
44 |
Decided to move Licenses and practice certificates have passed the temporary detention period/the statute of limitations for implementing decisions on sanctioning administrative violations has expired. | |
|
II. |
SAMPLE MINUTES | |
|
1 |
Administrative violation records | |
|
2 |
Working minutes | |
|
3 |
Minutes of direct explanation session | |
|
4 |
Report Determine the value of exhibits and means of administrative violations | |
|
5 |
Minutes verifying details of the administrative violation case | |
|
6 |
Record statement of non-receipt decide to sanction administrative violations | |
|
7 |
Record statement of non-receipt forced decision decision enforcement mechanism sanction administrative violations | |
|
8 |
Record boardKeep licenses and practice certificates | |
|
9 |
Minutes verifying information about the fish's money and assets person/organization is coerced | |
|
10 |
Minutes of enforcement of collection of money and assets to enforce decisions on sanctioning administrative violations/refund of funds | |
|
11 |
The enforcement record forces the implementation of remedial measures | |
|
12 |
The record of enforcement of asset distraint has a value corresponding to the fine amount/must be refunded | |
|
13 |
Minutes of assignment for preservation of distrained assets | |
|
14 |
Minutes of transfer of distrained assets for auction | |
|
15 |
Minutes of temporary seizure of exhibits and means of administrative violations, licenses and practice certificates | |
|
16 |
Minutes of return of seized exhibits, vehicles, licenses and practice certificates (Used for cases where a decision to temporarily confiscate material evidence, means of administrative violations, licenses, and practice certificates is not issued.) | |
|
17 |
Minutes of return of seized exhibits, vehicles, licenses and practice certificates | |
|
18 |
Set/Return bail | |
|
19 |
Hand over seized vehicles according to administrative procedures to the organization, individual keep, preserve | |
|
20 |
Minutes of confiscation of exhibits and means of administrative violations | |
|
21 |
Minutes of destruction of evidence and means of administrative violations | |
|
22 |
Minutes of handover to the owner administrative violations/being escorted | |
|
23 |
Minutes of body search according to administrative procedures | |
|
24 |
Minutes of examination of means of transport and objects according to administrative procedures | |
|
25 |
Minutes of search of places where evidence and means of administrative violations are hidden | |
|
26 |
Minutes of sealing evidence and means of administrative violations temporarily seized according to administrative procedures | |
|
27 |
Minutes of unsealing of exhibits and means of administrative violations temporarily seized according to administrative procedures | |
|
28 |
Desk minutes deliver Violations records show signs of crime for criminal prosecution | |
|
29 |
Record document transfer and decision on sanctioning administrative violations for enforcement | |
|
30 |
Record copy transfer Licenses and practice certificates have passed the temporary detention period/the statute of limitations for implementing decisions on sanctioning administrative violations has expired. | |
