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Circular 14/2014/tt-Bct: Rules Order Verification And Sanctioning Administrative Violations In The Field Of Electric Power Under The Authority Of The Heads Of Power Regulatory Agency

Original Language Title: Thông tư 14/2014/TT-BCT: Quy định trình tự xác minh và xử phạt vi phạm hành chính trong lĩnh vực điện lực thuộc thẩm quyền của thủ trưởng cơ quan điều tiết điện lực

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MINISTRY OF COMMERCE
Number: 14 /2014/TT-BCT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 26, 2014

IT ' S SMART

Q The idea of self-verification and breach of administrative breach in the field of electricity.

under the authority of the head of the office of motion weather. c

____________________

Base of Protocol 95 /2012/NĐ-CP November 12, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Commerce;

The Administrative Administrative Processing Law on June 20, 2012;

The Power Law Base on 3 December 2004; The Amendment Law, which complements some of the provisions of the Power Law on November 20, 2012;

Base of Protocol 134 /2013/ND-CP October 17, 2013 The government rules violations in the field of electricity, safety of hydroelectric dam, energy efficiency and efficiency;

On the recommendation of the Bureau of Power Regulatory Affairs,

The Minister of Public Works of the Ministry of Commerce issued a self-verification process and puniposes the administrative violation in the field of power under the jurisdiction of the Head of Power regulatory Authority.

- I

GENERAL REGULATION

Fuck! i One. Adjustment range

This privacy rules the self-verification and sanctions against administrative violations in the field of power under the jurisdiction of the Head of Power Regulatory Authority under regulation at Point B 1 Article 47 Digital Protocol. 134 /2013/ND-CP The October 17, 2013 Government of the Government rules the sanctions in the field of electricity, safety of hydroelectric dam, the use of energy savings and efficiency (later writing is the Digital Protocol). 134 /2013/NĐ-CP).

The case of a given authority to sanctipate administrative offenses in this privacy has a change in the name of the name, which has the authority to sanctipate.

Fuck! i 2. Subject applies

This information applies to the following objects:

1. Power Regulatory Agency (now the Power Regulatory Service).

2. The organization, the individual is verified, sanctipated the administrative breach.

3. Organization, personally involved in verification, sanctipation of administrative violations.

Fuck! i Three. The responsibility to provide information

1. The organization, the individual involved in the verification, punishment of the administrative breach responsible for cooperation, providing information, documents needed, in connection with the case with the sign of the administrative breach at the request of the Chief of Power Regulatory Authority.

2. The case does not provide information, organizations, individuals who are involved with the responsibility to inform in writing and specify the reason.

3. The case of refusing to provide information without the correct reason, the organization, the individual is dealt with by the rule of law.

Fuck! i Okay. 4. Deal with the penalty.

The Head of Power Regulatory Authority can deliver the deputy to conduct a jurisdiction over administrative violations and the forced authority to enforce the decision to punish the administrative violation of his jurisdiction.

Chapter II

ACCEPT AND PASSIVELY TAKE SIGNS OF ADMINISTRATIVE BREACH.

Fuck! i Five. The source of information about the incident

1. From the report, the written information of the organization, the individual.

2. Due to the governing body of audits or persons with regulatory authority at Article 33, Article 34 and Article 36 of the number 134 /2013/ND-CP Move in.

3. While conducting a prescribed electrical activity test.

4. Due to the State Administration or the Agency for the conduct of the proceedings.

What? 6. Continue the incident

1. When receiving information about the incident from the provisions of the provisions at Article 5 This message, the Department of Power Regulatory is responsible for the Takeover Case to manage, follow.

2. Press content, the specified information at 1 Article 5 This message includes:

a) The day, the month, the year of the newspaper;

b) Name, organization address, individual report;

c) Name, organization address, individuals who perform behaviors that have a sign of administrative breach;

d) Describe behavior with administrative breach;

Time, the location of the behavior that has a signal breach of the administrative breach;

e) The reason for knowing behavior has an administrative breach (if any).

The report template, written information specified at Appendix 1 issued by this message.

3. For the case of receiving the case according to the source of the report by which the officer presented it directly, the officer receives instructions to write a report in the specified form at Annex 1 issued by this message.

Fuck! i Seven. Job receptors

1. The incident is being treated when there are enough of the following conditions:

a) Under the jurisdiction;

b) Yet the duration of the punishment, unless the case is expired but must apply the remediation measures;

c) The behavior has a sign of the administrative breach;

d) For the subsequent reception from the report, written information in accordance with the specified text at 1 Article 5 This message, in addition to the specified conditions at Point a, point b and Point This paragraph must meet additional conditions: the report, the written information must have them. and the name, contact address and signature of the viewer, provide the information; there is the signature of the organizer, the sign of the report organization, which provides information.

2. During the 5-day period of work since the date of the incident, the Bureau of Power Regulatory has a written responsibility for the identification of the incident to the organization, the individual to report, to provide information; the unreasonable case must specify a reason.

Fuck! i Eight. The responsibility of the receptor, verify the incident.

1. Rationing and setting up a job profile.

2. Verify that the case according to the right content Decision veriposes the case with the sign of the administrative breach and the report verification, the additional verification report, as specified in this Information.

3. Report the Chief Electric Regulatory Regulatory Agency on issues that arise during the verification of the incident (if any).

4. Keep the case confidential.

5. Document preservation, the evidence has been provided.

6. refuses to perform the rationing, verify the incident in the event of a right, benefits, obligations associated with the incident or the father, mother, wife, husband, child, brother, brother, brother, brother of the executed behavior.

7. Responsively to the law on the execution of tasks assigned during the process of rationalization, verification of the incident.

Fuck! i Nine. Move Job

1. For non-jurisdiction cases, the Head of Power Regulatory Authority is responsible for transferring to the competent authorities.

2. For the administrative breach of the administrative breach, the decision to execute the penalty, but in the course of the decision to punish the administrative breach or the execution of the trial, if the breach is found to have signs of crime without the end of time. Responsible for criminal responsibility, the head of the Electric Regulatory Regulatory Authority is responsible for transferring the breach of the criminal case to the body of criminal proceedings under the provisions of Article 62 of the Administrative Breach Disposal Laws.

Chapter III

ADMINISTRATIVE BREACH VERIFICATION SEQUENCE

Fuck! i Ten. The decision to verify the case has a sign of administrative violation.

1. The case of the trial saw the need to proceed with verification, collection of evidence, the Chancellor of the Power Regulatory Authority has the right to determine whether the case has a sign of the administrative breach, for a 3-day period of work since the date of the employment of the incident.

2. The contents of the Decision include:

The day, the month, the year was determined;

b) The base is verified;

c) The name, address of the body, organization or individual is verified;

d) The man who was responsible for verification;

The contents of the body;

e) The deadline for verification.

The Decision to verify that the case with the administrative breach is specified at Appendix 2 issued by this message.

Fuck! i Eleven. Verify that the case has an administrative breach.

1. The verification of the incident is done in one or some of the following measures:

a) Collation of evidence, mourning, media, documents related to behavior with signs of administrative breach;

b) The organization, the individual, perform the behavior that has a sign of breach of the process;

c) Requiing organizations, individuals with regard to providing information, documents related to the incident; and

d)

The bridge is set.

2. The verification measures specified at point b, Point c, and Point 1 This Article 1 This is done through the dispatch of a text of an opinion or direct exchange. The case of direct exchange, processor cadres, verification of the case is responsible:

a) Introduction of the refere;

b) Write the work. The work of the work must be specified, namely, the content of the work, listing the documents, the evidence provided by the organization, the individual provided (if any) and having the signatures of the person being taken with an opinion. In the case of a number of papers, the person was given the right to sign in each of the papers. The case of a person who is allowed to refuse to sign the document, verify that the task must be specified in the document.

Fuck! i Twelve. The bridge is set.

1. During the verification of the incident, the Head of Power Regulatory Authority has the power to monitor evidence, mourning, media, document related to behavior that has a signal breach of the administrative offence when it is needed or at the recommendation of the organization, the individual. people are identified or organized, the individual has the right, the benefits associated with the incident.

2. Head of the Power Regulatory Authority decision to referendum the judicial examiner and submit the decision accompanied by the object of inquiry and document, the relevant object (if any) to the individual, the organization that imples the decision.

3. Decided a referendum to have the following content:

a) They, the name of the one with the authority of the judging panel;

b) The name of the host; and they, the name of the one who are appointed,

c) The name and characteristics of the object to be specified;

d) the associated document name or the accompanying comparison template (if any);

The contents of the request;

e) The date, month, year of the judging panel and the deadline for the conclusion of the argument.

4. The power Regulatory Authority has the authority to display additional judges in the event of a new issue of problems related to the previous predetermined conclusion, the content of concluding an unknown, full or at the request of the organization, the identified individual. You or the organization, the individual has the right, the benefits associated with the incident.

5. The Chancellor of the Power Regulatory Authority has the power to display reorganization in the event of a contradiction between the monitoring conclusions on the same issue, doubts on the outcome of the judging or at the organization ' s offer, the individual being verified or organized, personally. have the right, the benefits associated with the incident.

6. The responsibility to file a cost-of-cost advance, payment of the cost of the judge

a) The case of the Prime Minister Regulatory Authority Regulatory Authority, the Department of Electrical Regulatory Affairs must bear the costs associated with the monitoring.

b) The case of the Prime Minister Regulatory Authority Regulatory Authority on the recommendation of the organization, the verified individual, the verified individual must be subject to the cost of the judging.

c) The case for the Prime Minister Regulatory Authority Regulatory Authority pursuits to the organization's motion, the individual has the right, the relevant interest, the organization, that individual is responsible for filing the cost-of-charge. If the conclusion of the organization's claim to the requirements of the organization, the individual has the right, the relevant interest is based on or having a partial base, the individual is verified responsible for the return to the organization, the individual has the right, the relevant interest-related benefit. for the required monitoring requirements is based on the base.

Fuck! i Thirteen. The deadline for verification of the case has signs of administrative breach

1. The deadline for verification of the maximum incident is 60 working days, since the date of the signing of the Decision.

2. For those cases that need more time to verify, collect evidence, the Head of Power Regulatory Authority has the power to renew the decision to renew the verification, the extension time is not over 30 working days, since the expiration date of the verification deadline.

The decision to renew the confirmation of the incident is specified at Annex 3 issued by this message.

Fuck! i Fourteen. The report verified the incident with a signal breach of the administrative breach.

1. The rational officer, veritifully charged with the responsibility of the head of the Power Regulatory Authority reporting verification of the incident and relevant documents over the 3-day period of work, since the date of the conclusion of the verification.

2. The contents of the report verified the incident include:

a) The day, the month, the year, the site of the verification;

b) The legal base for verification;

c) The name, address of the organization, the verified individual;

d) The person who made the verification;

The contents of the body:

-There are no administrative violations.

-Personally, the organization performs administrative violations; errors, relatives of the individual violation of administrative violations (if any);

-The situation is heavy, mitigable (if any);

-Compact, the extent of the damage caused by the administrative violation (if any);

-The case does not decide to sentence the prescribed violation by regulation at Clause 1 Article 65 of the Administrative Violation Disposal Law (if any);

-Other details have implications for consideration, decision-making.

e) The formal petition and level of administrative violation (if any).

3. The Head of Power Regulatory Authority is responsible for the research, review through the verification report for the conclusion of the validation of the incident or decision to renew the case or decision to determine the additional verification.

Fuck! i Fifteen. Additional verification

1. The case needs to verify, clarify whether some of the contents have verified or have additional document evidence that could alter the verified content, the Chief of Power Regulatory Authority has the right to determine the additional verification decision. The additional verification deadline has not been more than 30 working days, since the date of the decision to verify the supplement.

2. The contents of the Additional verification decision include:

The day, the month, the year was determined;

b) The base is verified;

c) The name, address of the agency, organization or individual is complementary;

d) The man who was responsible for verification;

The additional verification content;

e) The deadline for the additional verification.

The Decision to verify the addition of the case is specified at Annex 4 issued by this message.

3. The rational officer, veritifully the case responsible for the head of the Power Regulatory Authority report the additional verification in the 3-day period of work, since the expiration date of the addition of the additional verification. The content of the additional verification report is made in accordance with the regulation at paragraph 2 Article 14 This message.

Fuck! i Sixteen. The draft concludes the case.

1. After the Chief of the Power Regulatory Authority passed the verification report, the additional verification report (if any), the receptors ' staff, verified the case in charge of the draft conclusion that concluded the incident during the 3-day period of work, since the date of the report. Passed.

2. The draft content concluded the case:

a) The day, the month, the year, the site of the conclusion of the verification;

b) The legal base for verification conclusions;

c) The name, address of the organization or individual is verified;

d) The conclusion of the verified content:

-There are no administrative violations.

-Personally, the organization performs administrative violations; errors, relatives of the individual violation of administrative violations (if any);

-The situation is heavy, mitigable (if any);

-Compact, the extent of the damage caused by the administrative violation (if any);

-The case does not decide to sentence the prescribed violation by regulation at Clause 1 Article 65 of the Administrative Violation Disposal Law (if any);

-Other details have implications for consideration, decision-making.

) The form of administrative violation (if any).

Fuck! i Seventeen. Conclusion of the case.

1. Head of Power Regulatory Authority responsible for signing the conclusion of the conclusion of the incident in the 3-day period of work, since the date of the management staff, verify that the draft work is determined to verify.

2. The conclusion of the confirmation of the incident sent to the organization, the individual was verified in the 3-day period of work, since the date of the signing.

Fuck! i Eighteen. Temporary suspension of the case.

1. During the verification of the incident, the Chief Electric Regulatory Regulatory Authority responsible for the temporary decision to verify only the incident in the following cases:

a) The requiitation has not yet been made;

b) The person who carried out the conduct of the administrative breach was lost to civilian behavior.

2. The temporary decision to suspend the incident must specify a cause and a temporary deadline.

3. The case has been on the judging panel but has yet to have a regulatory effect on the stipulation at Point 1 This, the Director of Power Regulatory Authority responsible for the temporary decision to confirm the case of at least 05 working days before the end. The verification.

4. When the temporary base is not verified or expiration of the parole deadline, head of the Power Regulatory Authority is responsible for the decision to cancel the decision to cancel the verification and restore the case if there is a violation of the breach. All right.

5. The temporary decision to suspend the incident, the decision to cancel the decision to suspend the verification and restore the verification of the incident must be sent to the organization, the individual who was verified in the 3-day period of work, since the date of the signing.

Fuck! i Nineteen. Suspension of the case.

1. The head of the Power Regulatory Authority responsible for the decision to suspend the verification of the incident in the following cases:

a) The expiration of the verification deadline without determining the behavior of administrative violations;

b) A person who does behavior with a sign of the administrative breach is that the person who has no administrative responsibility or loss or is dead; the organization does have a sign of a possible breach of the administrative breach, which is bankrupt by the rule of law;

c) Over the course of the administrative penalty.

d) The case of a non-jurisdiction is not subject to trial.

2. The decision to suspend verification of the case with a sign of the administrative breach must specify the reason for suspension. For the specified case at Point a, Point c and Point 1 This Article, the decision to suspend the verification is sent to the organization, the individual is verified in the 3-day period of work, since the date of the signing.

Chapter IV

THE EXECUTION OF THE ADMINISTRATIVE BREACH AND THE EXECUTION OF THE SANCTIONS.

Fuck! i Twenty. Force termination of administrative breach and administrative violation of administrative violation

When there is enough base to conclude with administrative violations, the Head of Power Regulatory Authority or Electric Inspectman of the Department of Electric Regulatory Enforcement is running the responsible duty of forcing an end to administrative violation if that behavior remains. is acting under the regulation at Article 55 Administrative breach of the Administrative Breach Processing and the Administrative Breach of Administrative Infringement.

Fuck! i Twenty-one Ra decided to punish the administrative breach or the Decision to apply the remediation measure.

1. After having enough of the administrative breach and the evidence needed to determine the violation, the Chief of Power Regulatory Authority is responsible for the decision to punish the prescribed violation under the regulation at Article 67, Article 68 violation of the violation of action. administrative or decision to apply the remediation measure in the case of regulation at points a, b, c and d 1 Article 65 Administrative breach of the administrative breach.

2. The deadline for the decision to punish under the regulation at Article 66 Administrative breach of the administrative breach.

Fuck! i 22. Accept the judgment.

1. The organization, the individual who is sentenced to a violation of the offence must accept the trial of the trial in the 10-day period of work, since the date of the receiving decision.

2. Overtime Regulation 1 Article This organization, the individual who is sentenced to non-voluntary violation of the trial, is forced to execute.

Fuck! i 23. Forced execution of the decision to punish the administrative breach

1. The enforcement of the execution of the sanctions imposed in the individual case, the organization that was sentenced to an administrative violation did not voluntarily accept the judgment decision. Enforcement of the implementation of the implementation stipulated in paragraph 2 Article 86 Administrative breach of the Act.

2. The procedure of applying the enforcement measures implemented by regulation at the Numerical Decree. 166 /2013/ND-CP November 12, 2013, the Government of the Government of the Government of the United States of the Government of the Government of the United States of the Government of the United States of America

Chapter V.

THE ORGANIZATION.

Fuck! i 24. Administrative breach case

1. Administrative violation of the administrative breach included:

a) The report, the written information of the organization, the individual or the Decision to transfer the administrative breach;

b) The editorial, the Administrative Violation, The Burial of the Funeral, the means of administrative violation in the field of power (if any);

c) The organizational text of the organization, the verified individual (if any);

d) The report verified the incident, the additional verification report (if any);

) Conclusion.

e) The decisions of the Head of Power Regulatory Authority during verification, sanctipation of administrative violations;

g) The documents are relevant (if any).

2. The administrative violation case must be established immediately after the incident and completion of the case after the conclusion of the verification, sanctipated the administrative breach; stored in accordance with the provisions of the law on storage.

Fuck! i 25. Complaint during verification process, sanctipated administrative violation

The complaint and settlement of the complaint during the verification process, the execution of the administrative breach is carried out in accordance with the law of the complaint.

Fuck! i 26. Performance Performance

1. This message has the enforcement effect since July 15, 2014 and replaces the Digital Information Digital. 27 /2011/TT-BCT July 19, 2011 by the Minister of Public Works of the Ministry of Public Affairs, the procedure of investigation and punishment of violations in the field of electricity.

2. During the execution process, if an entanged, organized, individual-involved student has a responsibility to reflect on the Ministry of Commerce to complement, modify the appropriate ./.

KT. MINISTER.
Chief.

(signed)

Quang Yang Quang