Circular No. 47/2015/tt-Bqp: Guide The Implementation Of A Number Of Articles Of Decree No. 169/2013/nd-Cp On November 12 In 2013 Of The Government Sanctioning Administrative Violations In The Field Of Management, Protected

Original Language Title: Thông tư 47/2015/TT-BQP: Hướng dẫn thực hiện một số điều của Nghị định số 169/2013/NĐ-CP ngày 12 tháng 11 năm 2013 của Chính phủ quy định xử phạt vi phạm hành chính trong lĩnh vực quản lý, bảo v

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DEFENSE MINISTRY
Number: 47 /2015/TT-BQP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 18, 2015

IT ' S SMART

Instructions to do some things N Number one. 169 /2013/NĐ-CP November 12, 2013

of - The government rules the breach. It ' s the administrative sector, the border defense. a

______________________________

The Administrative Administrative Law of 2012.

Base of Protocol 81 /2013/NĐ-CP July 19, 2013 by the Government of the Government rules out certain things and measures the implementation of the Administrative Violation Law;

Base of Protocol 169 /2013/NĐ-CP November 12, 2013 of the Government rules sanctions on administrative violations in the field of management, national border protection; and the government.

Base of Protocol 35 /2013/ND-CP April 22, 2013 by the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Defense;

On the recommendation of the Commander of the Border Patrol,

The Minister of Defense issued the Guidance Advisory on some of the provisions of the Digital Protocol 169 /2013/NĐ-CP November 12, 2013 by the Government of the Government of the United Nations to rule the administrative violation of the administrative sector, the National Border Protection.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This information instructs some of the provisions of the Digital Protocol 169 /2013/NĐ-CP the November 12, 2013 Government of the Government rules sanctions on administrative violations in the area of management, national border protection (later abbreviated as Protocol No. 1). 169 /2013/NĐ-CP).

2. Other regulations on administrative penalties in the field of management, reason, national border protection not guided in this Smart, follow the provisions of the Administrative Violation Disposal Law and relevant legislation.

What? 2. Subject applies

1. Individual, Vietnamese and individual organizations, foreign organizations have administrative violations in the field of management, national border protection.

2. Who has the authority to sanctiate, the authority to compile administrative violations by regulation at the Digital Protocol 169 /2013/NĐ-CP; The agency, the organization and the individual are involved.

What? 3. Schedule used in administrative violation penalty

The symbol uses the administrative violation penalty in the field of management, the national border protection implemented by regulation at the International Digital News Agency. 97 /2014/TT-BQP July 16, 2014 by the Secretary of the Defense of the Defense of the Defense of the Defense of the Defense of the Defense, Management and Use of the Committee on the Administrative Violation Penalty of the Ministry of Defense.

Chapter II

ADMINISTRATIVE VIOLATION

What? 4. Behavior violations of management regulations, national border protection, national landmark, border road signs, and border security regulations.

1. Geologic exploration, resource extraction, mineral deposits that change the signs of national borders, national landmark, border structure stipulated at Point A 1 Article 4 Decree No. 169 /2013/NĐ-CP is the drill behavior, peaches or use of technology devices for geological exploration, mining of minerals prescribed at Clause 1 Article 2 Mineral Law in 2010 in the border area, mudslides, dams on the river, border streams, border construction works. the gender leads to the wrong border of border or landslides, breaking, disabling the national landmark.

2. The behavior of building irrigation works on the river, the unauthorised border stream of the prescribed authority at Point b 1 Article 4 Decree No. 4. 169 /2013/NĐ-CP is the conduct of operations on which there is no permit of the state authority to have jurisdiction or conduct activities that are not correct with the license.

3. Behavior that damages, moves or has any other action that is harmful to the national landmark, signs of borders, signs in the border area, border construction stipulated at Point A 2 Article 4 of the Fourth Census. 169 /2013/NĐ-CP is the act of beating, breaking, drilling, digging or having other damaging effects, national landmark, and border signs.

What? 5. Behavior violation of regulations on cross-border border crossing

1. The prescribed papers at the Point A 1 Article 5 Decree Numbers 169 /2013/NĐ-CP for each line as follows:

a) The Vietnam-China border line is the Immigration Certificate in the Border Area;

b) The Vietnam-Laos border line is one of the following papers: Paper border travel; license to the provinces, cities of Vietnam; Paper certification, and usage;

c) The Vietnam-Cambodian border line is one of the following papers: People's Proposition; Border Service.

2. The behavior across the border is not exactly the specified points at point b 1 Article 5 of the digital decree 169 /2013/NĐ-CP is that the behavior of this border population is allowed to go to the neighboring state border but do not go on the right door of regulation or crossing the border on two sides of the agreement.

3. The border population across the border is not exactly time stipulated at Point 1 Article 1 Article 5 Decree No. 169 /2013/NĐ-CP The border population was allowed to cross the border but saved too much time as defined by the Agreement on the Boundary Statute, the agreement of crossing the border was signed between Vietnam and the neighboring country.

4. Behavior that exceeds the scope of regulation at the Point 1 Article 5 Protocol No. 169 /2013/NĐ-CP is that the border of the border population is allowed to cross the border but to the extent of a commune or administrative unit equivalent to the provisions of the Agreement on the Boundary Statute that has been signed between Vietnam and neighboring countries.

5. Behavior for others to use or use a Border Proof Paper, Border Identification Paper, or a Certificate of Immigration Certificate of Other People ' s Border Zone to cross the specified border at Clap 2 Article 5 Digital Protocol 169 /2013/NĐ-CP The following behaviors:

a) For others to borrow, rent or borrow, hire someone else.

b) Cho, give or receive, donate.

c) Buy, sell.

d) To use other people's papers.

6. Behavior of invasion in the border area stipulated at Point 5 Article 5 Article 5 Decree No. 169 /2013/NĐ-CP is the behavior of this country 's border population to the neighboring country' s border area taking a wife, taking a husband or living when not granted a jurisdiction.

What? 6. Behavior violations of residence regulation, travel in the border area.

1. Behavior of residence, incorrect travel in the specified border area at Point A 1 Article 6 Decree No. 1. 169 /2013/NĐ-CP is one of the following acts:

a) The behavior of residence, travel in the uncorrect border area at the Digital Decree 34 /2014/ND-CP April 29, 2014 of the Government of the Land of the Land of the Land of the Land of the Socialist Republic of Vietnam; the Government's decree on the Management of Human Activity, the vehicle in the border area of the Socialist Republic of Vietnam.

b) The behavior of those allowed to reside, travel in the border area but does not make the right regulation at the Digital Protocol. 34 /2014/ND-CP April 29, 2014 of the Government of the Land of the Land of the Land of the Land of the Socialist Republic of Vietnam; the Government's decree on the Management of Human Activity, the vehicle in the border area of the Socialist Republic of Vietnam.

2. The hidden behaviour, which helps others travel, unauthorized residence in the prescribed border area at Point b 1 Article 6 Decree No. 6. 169 /2013/NĐ-CP is the practice of knowing people who are not allowed to reside, travel in the border area that cover, contain, help, facilitate the person to travel, reside in the border area.

What? 7. Behavior violations of management regulations, border building protection, signage, restricted area in the border area and border areas.

1. The act of damaging, taction, dismantling of signs "border areas", "border belt", "forbidden zone", "gate area" and other signs in the border area stipulated at Point 4 Article 7 No. 7 Decree No. 7. 169 /2013/NĐ-CP is the behavior that changes the initial state, tilts, dumping, moving, losing the effect of the above sea types.

2. Rule of the Border at Section 5 Article 7 of the Digital Decree 169 /2013/NĐ-CP is a vault, trenches, fortifications, combat plots, defense; observatories, border patrol, multi-line systems, radio stations, radio stations, and other works that serve the border, protect the borders of the country in the border area.

What? 8. Behavior violation of regulations on security assurance, order at the port of sea port.

Behavior for others to use a boarding permit, Card or license to the ship; use of a Boarding Permit, Card Or Permit to Other People ' s Ship stipulated at Section 3 Article 10 of the Census. 169 /2013/NĐ-CP It ' s the behavior:

1. For others to borrow, rent or borrow, hire someone else.

2. Cho, donate or receive, donate.

3. Buy, sell.

4. Use other people ' s papers.

What? 9. Behavior violation of regulations, enter, operate in the area of the land border border.

1. resident behavior, which is not properly regulated within the area of the land border store, does not register, report to the authorities when performing operations in the designated land border area at Clause 1 Article 11 of the Census of Numbers. 169 /2013/NĐ-CP is the behavior of violations of residency regulations, travel, operations in the area of the land border border regulation stipulated at the UN Digital Decree. 112 /2014/ND-CP November 21, 2014 the Government Regulations on the management of the land border.

2. Behavior for others using an operating license or using a different person ' s operating license stipulated at the Point, Point 2 Article 11 Decree No. 2. 169 /2013/NĐ-CP is behavior for people to borrow, rent or borrow, hire someone else or buy, sell or use other people ' s operating licenses to business, practice in the land border store area.

Chapter III

THE AUTHORITY TO PUNISH THE ADMINISTRATIVE BREACH

What? 10. Authority to punish administrative violations

1. Those who stipulate at Articles 13, 14, 15, 16, 17, 18, 19 and Article 20 Decree No. 169 /2013/NĐ-CP has jurisdiction over administrative violations of administrative violations in the field of management, national border protection.

2. For administrative violations in the field of maritime traffic occurring in the maritime border area, the port area of the port of waters stipulated at Article 12 of the Digital Protocol. 169 /2013/NĐ-CP then the jurisdiction of the trial, the form, the penalty level, the remediation of the applicable consequences prescribed in Article 72 of the Digital Decree. 93 /2013/NĐ-CP August 20, 2013 of the Government of the United States regulates administrative violations in the field of maritime traffic, inland waterways.

3. The principle of determining the jurisdiction of the punishment:

a) For the conduct of administrative violations in the field of management, national border protection not under its jurisdiction, the agency, the direct force to detect the conduct of human, vehicle, administrative violation of administrative, license, certificate, certificate, etc. the transfer profession to the Border Defence or agency with the authority to sanctiate the nearest place to handle the regulation;

b) For administrative violations in the field of management, national border protection under the jurisdiction of many, then the execution of the first receptor;

c) The sanctions authority of those prescribed at Articles 13, 14, 15, 16, 17, 18, 19 and Article 20 Decree No. 1. 169 /2013/NĐ-CP is determined to be based on the maximum level of the regulatory bracket for each violation. If the maximum penalty level of the penalty frame or an additional form of sanctions, the applicable remediation measure is not subject to its jurisdiction, then the person who is serving the administrative breach must transfer records, mourning, and other means of execution. It's a violation of the law, which is a violation of the law.

What? 11. Transaction violation of administrative violations

The person with authority to punish the administrative violation stipulated in Clause 2, 3, 4 Articles 13, Article 14, Clause 2, 3, 4, 5 Articles 15, Clause 3, 4, 6, 7 Articles 16; Clause 2, 3 Articles 17, Clap 2, 3 Articles 18, Article 19 and Article 20 of the No. 20. 169 /2013/NĐ-CP can be assigned to the deputy to implement the jurisdiction of the prescribed violation by regulation at Article 54 Administrative breach of the administrative breach.

What? 12. The authority applies the additional form of punishment to confiscation of the funeral, the administrative violation.

The authority applied the additional form of punishment for the confiscation of the funeral, the administrative violation of the Head of the Provincial Border Command, the Commandate of the Border Border Corps, at the point of RD 4 Article 13 Decree No. 13. 169 /2013/NĐ-CP is applied in accordance with regulation at Point 4 Article 40 Rules for administrative violation.

What? 13. The authority to apply the remediation measure

1. Chief of the Border Patrol, Commander of the Border Patrol, Commander of the Provincial Border Division, where the land border has the authority to apply the remediation of the remediation to the area of the border, the border area.

2. The fort of the Port Border Patrol, the commander of the Port Border Patrol, the commander of the provincial Border Patrol, has the authority to apply the remediation of the remediation to the ship's supply. When the foreign ship was docked at the harbour.

3. Command of the Provincial Border Division where there is a border with the authority to apply a remedy for the recovery of the Certificate of Proof Paper, Border Certificate, or Certificate of Immigration.

4. Chief of the Border Patrol, Commander of the Border Patrol, Commander of the Provincial Border Patrol, where the land border has the authority to apply the remediation of the remediation, the Border Certificate, the Border Certificate. Or the immigration paper, entry into the redacted border.

5. The commander of the Port Border Patrol, the Port of the Border Patrol, the commander of the provincial border with the authority of the provincial border with the authority to apply the remediation measures to destroy the operating license in the area of the port, The seaport was forged.

Chapter IV

THE ORGANIZATION.

What? 14. Effect of execution

1. This message has been in effect since August 5, 2015.

2. Repeal Digital 101 /2008/TT-BQP July 9, 2008, of the Secretary of the Defense of the Defense of the Defense of the Defense of the Defense of the Head of the Defense of the Guide to the Administrative Breach Of Administrative in Management, National Border Protection.

3. The case of the laws of the law that is invoked in this message is amended, supplemated by the revised, complementary text.

What? 15.

1. The commander of the Border Defence Department is responsible for organizing and implementing the processing of administrative violations in the field of management, the defense of the borders of the country ensuring the correct regulation of the law.

2. Head of the Provincial Border Command, the Central Committee of the Presiding Centre, in coordination with the Department of Justice and the staff involved in the Provincial People ' s Committee, the Central Committee of the Central Committee where the border organization borders, implementing the implementation. This is private.

3. The direct leader of the person with the authority to sentence the administrative breach in management, national border protection is responsible for organizing the implementation of the implementation and examination of administrative violations in management, national border protection of the state-level. Down.

4. In the course of execution if the birth is entangled, the organs, units, and the organization promptly reflect on the Ministry of Defense (through the Department of Border Command) to sum up, report the Ministry of Defense review, decision ./.

Minister.

(signed)

General Feng Quang Qingqing