DECREE amending and supplementing a number of articles of Decree No. 112/2013/ND-CP of October 2013 stipulates sanctions expulsion, temporary measures to keep the tournament violated people, according to the administrative procedures and management of foreigners violating the law in the procedure time Vietnam deported _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law June 19, 2015;
Pursuant to the law, against domestic violence on November 21, 2007;
The base of law handling administrative violations on June 20, 2012;
Customs Act base on June 23, 2014;
According to the recommendation of the Minister of public security;
The Government issued the decree amending and supplementing a number of articles of Decree No. 112/2013/ND-CP of October 2013 stipulates sanctions expulsion, temporary measures to keep the tournament violated people, according to the administrative procedures and management of foreigners violating the law in the procedure time Vietnam deported.
Article 1. Modifying, supplementing a number of articles of Decree No. 112/2013/ND-CP of October 2013 stipulates sanctions expulsion, temporary measures to keep the tournament violated people, according to the administrative procedures and management of foreigners violating the law in the procedure time Vietnam deported (written as Decree No. 112/2013/ND-CP) 1. Additional amendments clause 1 of article 3 as follows: "1. The detention, apply the award procedures and apply sanctions expulsion must ensure the right audience, the right procedure, the authority and the time limit stipulated in the law on handling administrative violations, article 102 customs law, decrees and other regulations of the relevant legislation".
2. Amendments, supplements article 11 as follows: "article 11. Custody who follow politics temporarily hold people under administrative procedure only applies in the following cases: 1. When the need to prevent, suspend immediately the following behavior: a) disturbing public order;
b) causing injury to others.
2. When the need to prevent, suspend the right acts of smuggling, illegal transport of goods across the border in the following cases that a violation could escape, destroy evidence, violated the media, hinders the handling offense: a) the export and import of goods banned for export import or export suspension, imported under the provisions of the law;
b) export and import of goods in the list of goods export, import conditions without export licenses, import or papers of competent State agencies granted according to the regulations accompanying the goods;
c) export and import of goods do not go through the gate, not the customs procedures under the provisions of the law of fraud or quantities, goods when customs procedures;
d) export and import of goods without receipts, vouchers attached in accordance with the law or have bills, vouchers, invoices and vouchers but not legal according to the rule of law;
DD) imports of goods under the provisions of the law are stamping imported but no stamps affixed to the goods under the provisions of the law or have stamps pasted but is counterfeit stamps, used stamps;
e) trafficking over the border or from the tax-free on the left or on the contrary domestic rule of law without prejudice to the criminal liability;
g) carriage of goods across the border or from the tax-free on the left or on the contrary domestic rule of law;
h) other circumstances as stipulated by law.
3. When the need to prevent, suspend the right of violations specified in Clause 5 article 20 of law family violence prevention and paragraph 1 article 12 of Decree 8/2009/ND-CP dated April 2, 2009 detailing and guiding the implementation of some articles of the law on prevention of domestic violence ".
3. Amendments, supplements article 12 as follows: "article 12. The custody jurisdiction under the administrative procedures 1. The following people have the authority to decide the custody under administrative procedures: a) the President of the people's Committee of social, head of the police;
b) police districts;
c) Chief of police administration of social order, the Chief of the police order, police Chief of road traffic, railway, waterway police Chief, head of police criminal investigations of order and economic management, the Chief of the police criminal investigation about the social order , Chief of the criminal investigation police about drugs, the Chief of immigration management of provincial public security; Chief of police enforcement of criminal and judicial support, the head of the police in crime prevention on the environment;
d) heads mobile police unit from the company over, the station chief immigration Station;
Chief Ranger Beads Beads), the captain of the Rangers to maneuver;
e) Bureau Chief of the Customs Bureau, the captain of the control in the Bureau of customs, the captain of the anti-smuggling and control Sea control squadron on the captain of the anti-smuggling Bureau of investigation Of the Bureau of customs;
g) Captain of market management;
h) Commander U.s. border zone, the Commander of the border guards the gate of the port, Commander of the Squadron, border border Division Commander, head of the frontier and the heads of border guard units stationed on the border, Islands;
I) Chief Squadron, Coast Guard squadron, Squadron Chief of Coast Guard squadron, Commander of The Coast Guard;
k) aircraft commander, Captain, Chief of the train when the train, vessel, the train had left the airport, Harbor, railway stations;
l) presiding judge.
2. Who has the authority to temporarily hold the person specified in the score from a to i of Paragraph 1 of this article can be delivered right to the deputies. The delivery of the right is only done when the Chief is absent and the level must be made in writing, which clearly define the scope, content, time limit assigned rights. Deputies assigned to take responsibility for his decision to grant Chief and before the law. Who was right not to be assigned the proxy rights to any other individual ".
Article 2. Abolish the current rules repealed the provisions in clause 1 of article 3, article 11, article 12 of Decree No. 112/2013/ND-CP of article 3. Effective enforcement of this Decree in effect enforced from October 2016.
Article 4. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.