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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CIRCULAR Guide made 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, the national border guard _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the base of law handling administrative violations in 2012;
Pursuant to Decree No. 81/2013/ND-CP dated 19 July 2013 the Government detailing some things law enforcement measures and handling of administrative violations;
Pursuant to Decree No. 169/2013/ND-CP on November 12 in 2013 of the Government sanctioning administrative violations in the field of management, national border protection;
Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013 of the Government functions, tasks, powers and organizational structure of the Department of Defense;
Proposal of the Commander of the border guard, the Minister of Defence issued circulars making 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, the national border guard.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This circular instruction performs 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, national border protection (here written as Decree No. 169/2013/ND-CP).
2. The provisions on sanctioning administrative violations in the field of governance, justice, national border protection not be guided in this circular shall follow the provisions of law handling administrative violations and the relevant legal texts.
Article 2. Application object 1. Individuals, organizations and individuals, Vietnam foreign institutions have administrative violations in the field of management, the national border guard.
2. Who has the authority to sanction, the authority established the minutes of administrative violations as stipulated in Decree No. 169/2013/ND-CP; agencies, organizations and individuals concerned.
Article 3. The form used in sanctioning administrative violations in the form using the sanctioning administrative violations in the field of management, national border protection made in accordance with circular No. 97/2014/TT-BQP on July 16 in 2014 of the Minister of Defence issued regulations , manage and use the form in the sanctioning of administrative violations of the Department of Defense.
Chapter II ADMINISTRATIVE VIOLATIONS of article 4. Violations of the regulations on managing, protecting national borders, national landmarks, signs a border 1. The behavior of geological exploration and exploitation of mineral resources, to alter the national border, road signs, landmarks, buildings of the frontier defined in art. 1 article 4 of Decree 169/2013/ND-CP is the behavior of drilling, digging or use of technology equipment for geological exploration mining, mineral types are specified in clause 1 article 2 of law 2010-minerals in the border areas, do avalanche embankment dam on the River, border, border works leads to skewed boundary road signs or avalanche, breakdown, breakdown of mold.
2. Acts to build irrigation works on the River, the stream of unauthorized border authority specified in point b of paragraph 1 article 4 of Decree 169/2013/ND-CP is conducting activities on without the license of the authorized State body or conduct the proper operation with license.
3. Acts of vandalism, move or take any action harmful to national landmarks, signs, signage in the area of the border, the border works specified in point a of Paragraph 2 article 4 of Decree 169/2013/ND-CP is smashing, breaking behavior, drilling, digging or have other damaging effects the landmark move, the world of signs, borderline.
Article 5. Violation of the rules on crossing the border 1. The papers specified in point a of paragraph 1 article 5 of Decree 169/2013/ND-CP for each route as follows: a) the Vietnam-China border Line is Passport immigration border region;
b) Vietnam-Laos border Line is one of the following documents: Passport to the border; The license to the province, the city of Vietnam; Certificate border also use value;
c) Vietnam-Cambodia border Line is one of the following documents: identity card; Pass the border.
2. border crossing behavior is not correct the points specified in point b of paragraph 1 article 5 of Decree 169/2013/ND-CP is the behavior of this side of the border, residents are allowed into the border area neighboring countries but not the right gate regulation or border crossing point are the two parties to the agreement.
3. border residents crossing the border is not the right time specified in point c of paragraph 1 article 5 of Decree 169/2013/ND-CP is permitted border residents crossing the border but saved too time according to the provisions of the agreement on the regulation of border, border crossing agreement was signed between Vietnam with its neighbors.
4. Acts go beyond the scope stipulated in article 5 clause 1/e Points of Decree 169/2013/ND-CP is the behaviour of border residents are allowed to pass the border but go too the range a or equivalent administrative units in accordance with the agreement on border regulation was signed between Vietnam with its neighbors.
5. The behavior for others to use or use the identification of border, border certificate or passport immigration border region of others to cross the border again prescribed in clause 2 article 5 of Decree 169/2013/ND-CP is the following behaviour: a) for others to borrow , rent or borrow, hire someone else.
b) For giving or receiving, for, gifts.
c) Buy, sell.
d) arbitrarily using other people's papers.
6. Aggressive behavior in the border area specified in point b of Paragraph 5 article 5 of Decree 169/2013/ND-CP is the behavior of the residents of this border to border areas neighboring countries get married, get married or live without permission of the authority.
Article 6. Violations of rules of residence, travel in the border areas 1. Resident behavior, go not forth in the border areas defined in art. 1 article 6 of Decree 169/2013/ND-CP is one of the following behaviors: a residency) behavior, traveling in border areas are not properly specified in Decree No. 34/2014/ND-CP on April 29, 2014 by the Government on the regulations for land border area Public water Vietnam Socialist Republic; Government Decree on the management of the activities in the area of media, the maritime boundary of the Socialist Republic of Vietnam.
b) behavior of the people who are allowed to travel, residence in the border area but did not comply with the provisions of Decree No. 34/2014/ND-CP on April 29, 2014 by the Government on the regulations for land border areas of the Socialist Republic Vietnam; Government Decree on the management of the activities in the area of media, the maritime boundary of the Socialist Republic of Vietnam.
2. conceal behavior, help others travel, reside illegally in the border area specified in point b of paragraph 1 article 6 of Decree 169/2013/ND-CP is a behavior know others not allowed residences, traveling in border areas that hide, harboring, help create conditions for people to walk, residing in the border area.
Article 7. Violations of the regulations on managing, protecting the border work, signage, the prohibition in the border areas 1. Damaging behavior, move, scrapping the billboards "border areas", "frontier belt", "region", "region" gate and other signs in the border area specified in point b of paragraph 4 Article 7 of Decree 169/2013/ND-CP is changing the behavior of initial condition , skews, pour, move, take the effect of the type of signage mentioned above.
2. border work prescribed in clause 5 article 7 of Decree 169/2013/ND-CP is tunnels, trenches, fortifications, the blockhouse fight, Defense; the Observatory, border patrol, radar systems, radio stations and other buildings serving the management duties, protect the borders of countries located in the border area.
Article 8. Violations of the provisions on security, order at the port gate behavior for others to use the license, tag or permit banks to go down; use the license to go ashore, the card or license other people's boats down the provisions in paragraph 3 article 10 of Decree 169/2013/ND-CP is the behavior: 1. Let others borrow, hire or borrow, hire someone else.
2. For giving or receiving, for, gifts.
3. Buying, selling.
4. Arbitrarily using other people's papers.
Article 9. Violations of the regulations, on, active in the area of land-border 1. Resident behavior, improper travel regulations within the area of land-border crossings, not registered, reports to the Agency in carrying out activities in the area of land-border crossings specified in clause 1 article 11 of Decree 169/2013/ND-CP is the violation of the regulations on residence , travel, activities in the area of land-border provisions in Decree No. 112/2014/ND-CP on November 21, 2014 of the Government regulations on the management of border land.
2. Acts to others using the operating licence or permit use of other persons specified in point e Point e clause 2 article 11 of Decree 169/2013/ND-CP is the behavior for others to borrow, hire or borrow another person's hire, or buy, sell or use someone else's operation license to business in practice, the area of land-border crossings.
Chapter III the AUTHORITY SANCTIONING ADMINISTRATIVE VIOLATIONS to article 10. The authority sanctioning administrative violations 1. Those specified in articles 13, 14, 15, 16, 17, 18, 19 and article 20 of Decree 169/2013/ND-CP authorized sanctioning administrative violations for administrative violations in the field of management, the national border guard.

2. for administrative violations in the field of maritime transport happening in border areas, sea gate Harbor sea area as defined in article 12 of Decree 169/2013/ND-CP, the jurisdiction to sanction, the form, the level of sanctions, the remedial measures imposed under the provisions of article 72 of Decree 93/2013/ND-CP on January 20, 2013 of the Government the provisions sanctioning administrative violations in the field of maritime transport, inland waterways.
3. Principles for determining the right to sanction: a) for administrative violations in the field of management, national border protection not in his jurisdiction, agency, direct force discovered the custody proceeding, the media, exhibits administrative violations, license, certificate of practice transfer to border guard or competent authority nearest sanctions to process according to the rules;
b) for administrative violations in the field of management, national border protection jurisdiction many sanctions, the sanctions by accepting the first made;
c) jurisdiction to sanction of those prescribed in articles 13, 14, 15, 16, 17, 18, 19 and article 20 of Decree 169/2013/ND-CP is determined based on the maximum level of penalty framework prescribed for each violation. If the level of maximum fine of fine frames or sanctions, additional remedial measures prescribed to be applied not in his jurisdiction, then the person is accepting administrative violations to transfer records, exhibits, means of violations to the competent person under the provisions of law handling.
Article 11. Over the sanctioning administrative violations authority sanctioning administrative violations specified in clause 2, 3, 4 Article 13, article 14, paragraph 2, 3, 4, 5 article 15, paragraph 3, 4, 5, 6, 7 article 16; Item 2, 3 article 17, paragraph 2, Article 18, article 19 3 and article 20 of Decree 169/2013/ND-CP of may be assigned to deputies carried the authority sanctioning administrative violations as stipulated in article 54 of law handling administrative violations.
Article 12. Authority to apply sanctions supplements confiscated exhibits, the media authority administrative infringement apply sanctions supplements confiscated exhibits, means of administrative violations of the Commander of the provincial border guard, Commander of the naval border specified in point d of paragraph 4 to article 13 of Decree 169/2013/ND-CP is applied as specified in point c paragraph 4 Article 40 of law handling administrative violations.
Article 13. Authority to apply remedial measures 1. The Chief frontier outpost, Chief of the U.S. border region, Commander of the provincial border guard where there is land-border jurisdiction apply remedial measures required to leave the area, the area of the border.
2. the Chief of Fort frontier port gate, Commander of the border guards the gate of the port, Commander of the provincial border guard has a sea border be competent to apply remedial measures required to resubmit the license granted to the Bank travels boat staff when foreign vessels docked at the port.
3. the Commander of the provincial border guard where the border has the authority to apply remedial measures revoked certificates, certificates of the border or immigration pass the border region.
4. the Chief frontier Outpost, Chief of the U.S. border region, Commander of the provincial border guard where there is land-border jurisdiction apply remedial measures forced the destruction of certificates, certificate of border or border pass, entry to the border gate.
5. the Commander of the border guards the gate of the port, head of frontier port gate, Commander of the provincial border guard has a sea border be competent to apply remedial measures forced the destruction of the license to operate in the area, the port gate.
Chapter IV IMPLEMENTATION article 14. Effect 1. This circular effect since August 5, 2015.
2. Abolish circular No. 101/2008/TT-BQP on July 9th, 2008 by the Minister of defence guidelines sanctioning administrative violations in the management, protection of national boundaries.
3. for the text of the laws cited in this circular additional amendments shall apply as amended and supplemented.
Article 15. Responsible for implementation 1. The Commander of the border guard is responsible for organizing and implementing the handling of administrative violations in the field of management, national border protection ensure the rule of law.
2. the Commander of the border guard the city, centrally hosted, in cooperation with the Department of Justice and the related industry advised provincial people's Committee, the central city where the Organization holds border, implementation of this circular.
3. direct heads of authority sanctioning administrative violations in the management, the national border guard has the responsibility to implement the Organization and check the sanctioning administrative violations in the management, protection of the State border of the lower levels.
4. in the implementation process and obstacles arise, if the Agency, organization, unit promptly reflected on the Department of Defense (through the border guard command) to sum up, reports the Ministry of defence to review the decision.