Key Benefits:
(Summit 5th ordinary meeting of the People's Government of Glin, 7 July 2008, to consider the adoption of Decree No. 196 of 15 July 2008 of the People's Government Order No. 196 of 15 July 2008, which came into force on 1 September 2008) Article 1, in order to enhance oversight of the exercise of the right to liberty of administrative penalties, regulate the application of the discretionary power to impose administrative sanctions, protect the legitimate rights and interests of citizens, legal persons and other organizations, and establish this provision in conjunction with the relevant provisions. Article 2, which states the right to liberty of administrative penalties, means an organization that is authorized by the executive branch, legal statute or entrusted with administrative penalties under the law (hereinafter referred to as an administrative sanction enforcement body), and is governed by the law, the administrative penalties granted and the competence to determine the penalties within the administrative penalties. Article III governs the supervision of administrative sanctions enforcement agencies within the city's administration to carry out administrative sanctions discretion. Article IV regulates and oversees the administration of justice in the communes, the communes (communes) and the rule of law sector responsible for discretionary acts of administrative sanctions within the jurisdiction. The rule of law organs of the executive body responsible for the regulation and supervision of the administrative sanctions discretion of this unit. Article 5 (i) Whether there is a discretionary norm for administrative sanctions and is open to society; (ii) The establishment and implementation of the relevant accompanying regime governing the discretionary norm of administrative penalties and publicizing society, including the discretionary review system for administrative sanctions, the provision of justifications and notification systems to the parties, the hearings system, the free discretion system, the enforcement inspection system, etc.; (iii) Whether the types and range of administrative sanctions are determined in accordance with the criteria for the discretionary nature of administrative penalties; (iv) Whether the facts, nature, circumstances and the extent of social harm are fully considered and measured; (v) The legal basis applicable, the type of penalties and the extent to which the legal basis applicable, the type of penalties and the range of offences are the same for the purposes of such violations, nature, circumstances and social hazards; (vi) Does the legal basis, the type of punishment and the extent to which the perpetrators of the same or appear to have committed an offence in the same violation; (vii) The decision to make a greater, light or immunity from administrative penalties is in accordance with the relevant legal regulations and the system's code of discretion for administrative sanctions; (viii) The parties request clarifications as to the reasons for the determination; (ix) Have heard and fully taken into account the statements made by the parties and the views expressed; (x) Other areas requiring oversight under the law. Article 6 Article 7. Administrative penalties should be proportionate to the nature, circumstances and the level of social hazards of the offence; they should be granted the same administrative penalties in the case of unlawful circumstances, nature, facts, social hazards, the same or similar administrative offences. Article 8 The discretionary norm of administrative punishment should be presented to the municipal authorities for review and be made public in society as a matter of government. Article 9. The executive organs should establish a system that governs the implementation of the right to administrative sanctions in the context of the system's competence to regulate the discretionary exercise of administrative sanctions. Article 10 Article 11. The offence is minor and promptly corrected and does not result in the consequences of the harm and is not subject to administrative sanctions. Article 12. In cases where significant violations require greater administrative penalties within a discretionary framework, the executive heads should discuss decisions collectively. In making discretionary decisions on the imposition of administrative penalties, specific facts, circumstances and grounds should be spelled out in administrative sanctions decisions. The parties request clarification. Article 14. (i) The administrative penalties imposed by the parties are distorted or distorted compared to the circumstances and nature of administrative offences; (ii) In the same case, the administrative offences and circumstances of different parties are the same, but the administrative penalties are different; (iii) In different cases governed by the same law, regulations and regulations, the administrative offences and circumstances of the parties are the same, but administrative penalties vary. Article 15. The manner in which the rule of law of the people at all levels monitor the implementation of the right to administrative punishment by the executive organs: (i) A review of administrative penalties cases; (ii) To conduct special inspections, screenings, through regular supervision of inspections or the exercise of discretionary powers for administrative sanctions; (iii) To receive reports of public penalties; (iv) A desk review of major administrative penalties decisions; (v) Review of the reasonableness of administrative penalties in administrative review; (vi) Review of the reasonableness of administrative penalties through the People's Court. Article 16, with respect to administrative penalties that are not in accordance with article 5 of the present article, the rule of law sector of the people at all levels should make a commitment period of time and be corrected by administrative penalties. Article 17 is one of the weak executive organs and administrative law enforcement officials of the executive branch and is informed by the relevant units at all levels of the Government's rule of law and, in accordance with relevant provisions such as the provisional approach to administrative accountability in the province of Glin, the administrative law enforcement error in the city of Glin City, where circumstances warrant, suspension, cancellation of administrative law documents of the responsible person concerned; and the prosecution, criticism, dismissal, dismissal, dismissal or dismissal of criminal responsibility by the relevant authorities, such as inspection; (i) Abuse of the discretionary power of administrative punishment by the administrative review body or the People's Court to withdraw, change or recognize the violation; (ii) The exercise of discretion in administrative penalties in violation of the law, the provisions of the statute or the norms governing the content of article 5 of the present article, without limitation of redress; (iii) Other administrative penalties. The right to discretion has caused significant losses or adverse effects. Article 18 Article 19 provides for interpretation and organization of implementation by the Office of the Rule of Law of the People's Government. Article 20 |
