Decree 166/2013/nd-Cp: Rules Of Coercive Enforcement Of The Decision Sanctioning Administrative Violations

Original Language Title: Nghị định 166/2013/NĐ-CP: Quy định về cưỡng chế thi hành quyết định xử phạt vi phạm hành chính

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THE GOVERNMENT.
Numbers: 166 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 12, 2013

DECREE

The statute of coercots is determined to punish the administrative breach.

_____________________________

Government Law Base December 25, 2001;

The Administrative Administrative Processing Law on June 20, 2012;

At the suggestion of the Minister of Public Security,

The government issued a decree stipulated on the enforcement of the decision to punish the administrative breach.

Chapter I

COMMON RULES

What? 1. The adjustment range

The decree stipulated the principle of principle, the procedure, the procedure to apply the enforcement of the decision to enforce the decision to punish the administrative breach, the decision to apply the remediation to the effective violation of the administrative offence in the case of not applying punishment (after the trial). It ' s called compulcible, the responsibility to enforce and enforce the enforcement of the law.

What? 2. Subject applies

1. Personally, the organization of Vietnam; personally, the foreign organization sentenced to the administrative breach has been too long overdue or overdue for the approval of the decision to punish the administrative breach or have overtaken the decision to adopt the remedied measure. The result of a violation of the administrative cause without voluntary consent.

In the case of international treaties, the Socialist Republic of Vietnam is another regulated member of the international convention.

2. The person with authority, the body responsible for organizing the enforcement and organization, the other person involved in the enforcement of the enforcement.

What? 3. Principles applicable

1. The coerventiation is only done when there is a written decision by the competent person.

2. The decision to apply coercated measures must be based on content, properties, levels, enforcement decisions, and local reality.

3. The person with the authority to make the decision to forcibly adopt the coercated measures in order stipulated in Clause 2 Article 86 Administrative breach of the Administrative Violation Law. It only applies the next measures when it is not possible to apply those coervate measures or have applied but have not obtained enough of the forced money under the coercible decision.

What? 4. The source of the deduction and the marginal property to the organization applied to coerve

1. For the organization that is the state agency, the armed unit, the political organization, the political organization-the society that is under the applied measures of withholding money, prescribation of assets and paying costs for forced activity, does the deduction from the funding of the body. Yes, unit, organization.

2. For the state career unit to be obtained, the armed unit is held in accordance with the provisions of the law, when deducted, the property of the property and paying the costs of the forced operation, taken from the source and property due to these activities. Again.

3. For social organization, career social organization, non-governmental organization, social funds, charitable foundations, deduction for money, asset margins, pay costs for forced activity from money, property of the organization, that fund.

4. For business and cooperative, deduction for money, asset margins, pay costs for forced activity from money, property or income by money, property of the business, that cooperative.

What? 5. To the coercent decision to the individual, the organized organization, the organization, the individual involved

1. Shortly after the decision of the coercated decision, the person with the authority to decide whether or not to be held to the organization to submit a decision to the individual, the institution of coerventiation, the organization, the individual is involved.

The statutory coercive case at Point b, Point c, Point 2 Article 2 Article 86 The administrative breach of the Administrative breach, the coercive decision must be sent to the Chairperson of the People's Committee where the institution is held before the execution to co-ordinate execution.

2. The forced decision to be delivered directly or sent through the post office in a form of reassuring and informing the individual, the forced organization knows.

In the case of the decision to be delivered directly by the individual, the forced organization deliberately did not accept, the person with the authority to set the commission on the decision not to receive a confirmed decision by the local government and was deemed to have been committed.

For the case sent via a post office by a guarantee form, if after a 10-day period, since the date of the forced decision was sent via post office to the third time that was returned by the individual, the organization was forced to deliberately not receive; the forced decision. is listed at the residence of the individual, the institution of the coercated organization or has the grounds that the forced escaper does not accept the coercession decision, which is considered a decision that has been delivered.

3. The enforced date of compulsory decision is 15 days, since the date of the decision to be forced; the case of a forced decision has a period of more than 15 days of execution.

What? 6. Responsible for enforcement of the enforcement decision

1. The decision maker is responsible for organizing the enforcement of the execution of his trial and subordinated subordination.

2. For the coercated decision of the Chairman of the People 's Committee, the Chairman of the People' s Committee decided to forcibly enforce the base on the function, the duties of the specialized agencies of the People ' s Committee to allocate the body to the organizational chair exam. Coerve. The allocation of the presiding body must be on the principle of the matter of the agency's expertise in which the agency takes the agency; the case involves multiple organs, which is based on every specific case to decide on the basis of an agency. The organization of the law enforcement organization.

3. The organizations, individuals involved are obliged to coordinate with the person with the authority to decide whether or not the institution to be assigned to the institution to implement the necessary implementation of the measures in order to implement the coercate decision.

What? 7. Order the order, safety in the process of enforcement decision execution

1. The People 's Police Force has the responsibility to ensure order, safety in the process of enforcement of the enforcement decision of the Chairman of the People' s Committee on the same level or the forced decision of other state agencies when required.

In the case of a request for the police force to ensure order, safety in the process of enforcement of the decision, the presiding officer decided to forcibly send a request to the public office on a five-day basis. Before we do this, before we do it, we can use the force.

2. When engaging in coervate, the People ' s Police Force is responsible for stopping the disruptive acts, against the execs, to ensure order, safety.

Chapter II

THE PROCEDURE, THE PROCEDURE THAT APPLIES COERCATED MEASURES

Item 1

DEDUCTIBLE A PAYCHECK OR PARTIAL INCOME

What? 8. The subject is applied to the coercated measure of a portion of the salary or part of the income

1. Individuals who are forced to be cadres, civil officials or individuals are working to enjoy a wage or income at an agency, unit, organization.

2. The forced individual is enjoying social insurance.

What? 9. Verify information on wages and income

1. The person with the authority to decide whether or not the coercve is responsible for verifiing the information about the wage information, income, the social security level of the individual's benefenated to make the base decision-making.

2. Individuals who are under duress; organization, individuals who are managing wages or income and organizations, individuals involved have to provide information on wages, income, personal social insurance levels of forced individuals over the course of the 03-day period of work, since the day. received a request and held accountable to the law of the information provided.

What? 10. The decision to forcibly deduct a portion of the salary or part of the income to the individual

The decision to forcibly deduct a portion of the salary or part of the income on the individual includes the following: The decision number; the date, month, year decision; the decision base; the name, the office, the decision maker, the name, the name, the address. of the forced individual deduction part of a salary or a portion of income; name, agency address, wage management organization or income of the forced individual; the amount is deducted; the deductible; name, address of the State Treasury receiving money; the method. The amount of money is deducted to the Treasury; the time of execution; the signature of the decision-making and the stamp of the decision-making body.

What? 11. The deduction percentage is part of a salary or a portion of income for the individual

The deduction for a portion of the salary or part of the income can proceed multiple times, the ratio as follows:

1. For wages, social insurance rates deductible each time no more than 30% of the total wage, social insurance is enjoyed.

2. For other income, the deduction rate per time is no more than 50% of the total income.

What? 12. The responsibility of the agency, unit, organization, employer who is managing the wages or income of the individual is deducted.

1. The agency, unit, organization, employer who is managing the wage or income of the individual is imposed on the deduction of a portion of the salary or a portion of the income responsible for strict approval of the coervate decision of the competent organ.

2. To the most recent wage or income sector, the agency, unit, organization, employer who is managing the wage or income of the forced individual is liable to deduct a portion of the salary or income of the coercated individual and the transfer number. The money was deductible to the account at the State Treasury in accordance with the contents of the coercated decision, and informed the authorities that the authorities had the right to decide.

3. The case has not yet deducted enough money according to the coerco decision that the forced individual has terminated the contract to have a salary or income, the agency, the unit, the employer must inform the agency with the authority to make a decision. Coerve.

4. The case of agency, unit, organization, employer who is managing the wage or income of the individual who is imposed on a deduction for a portion of the salary or part of an intentional income does not make the decision to resist the deduction of the judge. the right to the rule of law.

Item 2

DEDUCTIBLE MONEY FROM ACCOUNT

What? 13. The subject is applied to the forced measure of withhold money from the account

The subject is applied to the coercreve measure of withholding money from the account, the individual does not voluntarily accept the judgment decision, the decision to remedy the consequences, without payment or payment not enough of the coerct costs that have deposits at the credit organization. In Vietnam.

What? 14. Verify that information on the account of the individual, the organization is forced

1. The person with the authority to decide to forcibly deduct money from an account has the right to ask for a credit organization to provide information on the account of the individual, the institution being coerstive under the rule of law; the case of the competent authorities. There is no jurisdiction required to provide information about the account, and it is recommended that the authority be required to request the credit organization to provide the information. The person is given the information that is responsible for the security of the information provided.

2. Personally, the forced organization is responsible for informing the person of the authority to decide to forcibly deduct money from the account of the credit organization name, which opens the account, his account number at the credit organization when required.

What? 15. The decision to forcibly deduct money from the account

1. The decision to forcibly deduct money from the account includes the following: The number of decisions; the number of decisions; the date, month, year of decision; the decision base; the name, the office, the decision-making unit, the deduction, the deduction, the deduction; the name, the name, the number. The account of the individual, the organization deducted; the name, address of the credit organization where the subject was imposed on the opening of the account; name, address, account number of the State Treasury, the method of transferring the amount withheld from the credit organization to the State Treasury; the letter. You sign the decision and stamp the decision.

2. When receiving the decision to forcibly deduct money from the account, the individual, the forced organization is responsible for requiring a credit organization where he opens the money transfer account from his account to the State Treasury account that is written in the forced decision. I mean, the deductible money from the account.

What? 16. The responsibility of the credit organization where personally, the organization is forced to open account

1. Providing written information on the account of the individual, the coercated organization is currently opening an account at its credit organization when there is a request by the competent authority to make a decision.

2. Keep in the account of the individual, the organization is forced to amount the amount equivalent to the amount of money that individuals, that organization must submit at the request of the competent authorities.

3. Quote from a personal deposit account, the organization is forced into the state budget through an open account at the State Treasury of the money that the individual, the forced organization must submit.

Personally, the forced organization does not implement the provisions of Article 2 Article 15 of which the organization informs the individual, the forced organization is aware of the citation; the extraction does not require the consent of the individual, the organization. Coerve.

4. The case in the account has no balance or else but not enough to deduct then the credit organization after deductible the existing amount of written notice to the agency has decided to forcibly withhold the money deduction from the account at the credit organization. to apply the statutory measure of assets by regulation at Section 3 Chapter II this decree.

5. If in an individual ' s account, the organization and the balance that the credit organization does not take to extract the money of the individual, the organization is coercated under the decision to coerve the deduction of the competent person, the credit organization is processed under the rules. the law.

What? 17. Extraction procedure

1. The deduction of a portion of the salary or part of the income, deductible money from the account at the individual ' s credit organization, the organized organization is carried out on the basis of evidence from the current regulation. The certificate from the collection to the deduction of wages or income is sent to the relevant parties.

2. After the collection, the State Treasury where the deduction is responsible for informing the person with the authority to make a decision.

Section 3

THE ASSET ' S MARGIN IS CORRESPONDING TO THE AMOUNT OF FINES FOR AUCTION.

What? 18. The subject is applied to the coercated measure of the property receipt which corresponds to the amount of fines for auction.

1. Individuals who are not entitled to pay their salaries, income or social insurance at an agency, unit, organization and no account deposits from the account at the credit organization are not enough to apply the deductible measure from the account.

2. The organization does not have the account or the amount sent from the account at the credit organization not enough to apply the money deduction from the account.

Only the personal property of the individual, the forced organization that corresponds to the amount of money that has written in the decision-making decision, decided to apply the consequences of remediation and the cost of the enforcement of the enforcement.

What? 19. The assets are not compiled

1. The only home of the individual and the forced family has a minimum area under the provisions of the residence law.

2. Medication, food, food that serves essential needs for the forced individual and their family to use.

3. Labor tools, ordinary living supplies required for the forced individual and their family to use.

4. worship items; relics, medals, medals, praise.

5. Defense and Security Service.

6. The property is being held, the legal mortgage.

What? 20. Verify that the information about the property of the forced object

1. The person with the authority to make a decision to forcibly verify information about the property of the coercated object, the enforcement of the decision to enforce the property of the property is equivalent to the amount of the fine.

2. Agency, unit, organization, personally responsible for providing information about the property of the coercated object when required by the body of the coercated decision-making body.

What? 21. Decided to rape the property

1. The decision to forcibly compile a property of assets consists of the following contents: decision numbers; the date, month, year of decision; the decision base; the name, the office, the decision maker; the name, the residence, the personal headquarters, the prescribed organization. property; the amount of the money is punished; the border of the border; the signor of the decision maker, and the stamp of the decision.

2. The receipt of the property must be notified to the individual, the prescribed organization, the Social People's Committee where the person resides or the organization is based on the site or agency where the person works before the forced conduct of the 5-day border, unless otherwise. The case of the announcement would be a concern for the conduct of the border.

What? 22. Organization of the Enforcement Organization on the Property of the Property

1. The annuation of the property must be made in the daytime, time from 08 hours to 17 hours.

2. The decision maker or the assigned person makes the decision to forcibly presided over the receipt.

3. When the receipt of the property must be either a forced individual or a member of the full civil action force in the family, the organization is listed as a property editor, the local government representative, and the witness.

If the individual must enforce the coercated decision or the juvenile in the absence of the family, then proceed to the property editor but must have a local government representative and witness.

4. Personally, the coercated organization has the right to offer prescrip assets, who are assigned to the editor who must accept if the offer does not affect the coercism.

If the individual, the forced organization does not recommend specifically the prescribation of assets, the property is privately owned.

5. Index of the property of the common property of the individual who is coercated with others if the individual is coercated without its own property or private property not enough to enforce the coercated decision. In the case of a disputed property, there is still a border and explanation for those who share a property of the right to sue for civil proceedings.

The border conduct agency is responsible for the publication of the time public, the location of the boundary that conducts the border so that the co-owners know. At the end of the three-month period, since the date of the receipt without a starter, the compiled property is auced under the rule of law on the sale of property prices.

What? 23. Asset Editor

1. The receipt of the property must be compiled. In the written record: Time, location of the property receipt; the name, the presiding officer of the presiding officer; the representative of the organization being compiled by the property, the individual whose assets are listed or the legal representative for them; the witness. ant; the local government representative (or the organ of the individual is coervated); the description of the name, the status, the trait that used to be prescribed.

2. The presiding officer performs the milking, who represents the organization that is listed on the property, the individual whose property is either prescribed or legally represented to them, the witness, the local government representative (or the forced individual ' s agency) sign the name on Thursday. Copy. The receipt of the receipt of properties must be signed into every single page. In the case of a person who is absent or present without a receipt, it must write to the editor and specify the reason.

3. The margin is set up to 2 copies, the body that decides to forcibly keep 1 copies, 01 copies of the individual or representative of the organization listed immediately after the completion of the compilation.

What? 24. Transportation Asset Management

1. The presiding master performs the receipt of selecting one of the following forms to preserve the marginal property:

a) To the forcibly, the patient of the coercated person or the person who is in charge, using that asset to preserve;

b) To one of the common co-holders if that property is in common possession;

c) Give the organization, the individual has the preservation condition.

2. For assets that are gold, silver, precious metals, precious stones, foreign currency, for assets such as industrial explosive materials, aid tools, historical value, culture, national treasure, antiquities, stock, and rare forest products. It ' s a temporary basis for the state administration to manage.

3. When the delivery of the redaction asset manager, the host does the editor to set the border. In the specified margin: The time of the conserved table; they and the name of the host make the decision to be forced, personally, the organized organization representative, who is assigned the property, who witnessed the delivery; the number, the status (quality) of the property. The right and duty of the man to be entrusted to the property.

The presiding officer performs the commission, who is given the preservation of the property, the individual, the organized organization representative, the witness who signs the name to the border. There are many records to be signed into every single page. In the case of a person who is absent or present without a receipt, it must write to the editor and specify the reason.

The border is delivered to the person who is assigned to the property, the individual, the organized representative, the witness, and the presiding officer who performs the receipt every one of them.

4. The person who is assigned the property is paid for actual costs, reasonable to preserve the property, except those assigned at the Point A 1 This Article.

5. The person who is assigned to the property of property damage, swapping, loss or destruction of the property is liable for compensation and according to the nature, the extent of the breach will be handled according to the rule of law.

What? 25. Border Property valuation

1. The valuation of the compiled property is conducted at the individual's home or the headquarters of the listed organization or where the asset is listed, except for the establishment of a Property valuation council.

2. The compiled property is valued at the agreement between the holder of the decision making the coercated decision with the organized representative or the forced individual and the general owner in the case of joint asset margins. The deadline for parties to the agreement on the price of no more than 05 day of work, since the date of the property being milled.

Where the parties were not agreed to be in price for no more than 10 working days, since the date of the receipt of the property, the decision was made to make the decision to establish the Board of Valuation. The Board of Valuing Assets included the decision-making was the Chairman of the Council, the representative financial institution of the same level, and the relevant agency representative.

In the 7-day period of work, since the date established, the Property valuation Council must proceed with valuation. Valuation of property based on market price at the time of valuation. For assets under which the state is governed, valuation is based on the basis of the property price specified by the State.

The Board of Assets Valuation works in accordance with the collective principle. The Assembly's property valuation meeting was convened by the President of the Council and must have at least two-thirds of the total membership of the Council in attendance. In the pricing meeting, each member of the Board of Valuation issued its opinion on the value of the property. The property price decisions must be over half the number of members of the Board. The case of equal voting is determined by the vote of the President of the Council or the authorized person to run the property valuation meeting. Individuals with red-numbered or representative representatives have a listed property that is involved in the valuation, but the valuation rights of the Board are valued at the property.

3. The valuation of the assets must be established as a compilation, which notes the time, the location of the valuation process, the composition of the valuation participants, the name and the value of the asset that has been priced, the signature of the valuation members and the owner of the property. Yeah.

What? 26. Transfer of assets has been compiled for auction

1. For assets that are listed for auction, the starting price is determined by regulation at Article 25 of this Decree. During the 15-day period of work, since the date of the prescribed property, the man has decided to forcibly sign a sale of auction with the semi-professional auction organization in the province, the Central City of Central City where the property is listed for auction; The non-signing case for a professional auction sale is the creation of the Asset auction Board.

The sale of the listed asset price is made in accordance with the rule of law on the sale of property prices.

2. After having signed a property auction contract, the presiding over the editor making the transfer of the property that has been compiled to sell the auction. The transfer must be made up of the border, which is clear: Table time; the handman, the recipient; the letter of the delivery, the recipient; the number, the property status. The table of hand-handed records for the agency with a sale of the auction includes: Forced Margin decision; documents, documents related to property rights, legal rights (if any); the property valuation and the receipt of the property.

3. In the case that the marginal property is cumbersome or there is a large amount that the auction agency does not have a property where the asset is, after the execution of a transfer procedure may sign the asset preservation contract with where the property is holding. Yeah. The cost for the implementation of the secured contract is paid from the amount of sale of the property price obtained after the auction.

4. For the common property property, when the auction is a priority sold to the former co-owner.

5. The case where the amount of money aucts the property more than the amount scored in the decision to sanctiate and the cost of the coercuse is on the 10-day period of work since the auction day, the law enforcement agency forced the sale of auction assets as the procedure. Return the odds to the individual, the organization being coercated.

What? 27. Transfer of property ownership

1. The buyer of the compiled property is recognized by the law and protects the ownership of that property.

2. The state agency has the authority responsible for implementing the procedure of transferring ownership to the buyer under the rule of law.

3. Property transfer records include:

a) a copy of the decision to be forced by the asset to the sale of the auction;

b) The sale of the property price auction;

c) Other papers related to the property (if any).

Section 4

COLLECTING MONEY, OTHER PROPERTY OF THE FORCED OBJECT TO ENFORCE THE DECISION TO PUNISH THE INDIVIDUAL ' S ADMINISTRATIVE VIOLATION, THE OTHER ORGANIZATION IS HOLDING IN THE CASE OF A PERSONAL, ORGANIZATION AFTER THE BREACH OF THE ALLEGED BREACH OF PROPERTY.

What? 28. The condition of applying the forced measure of the money, the property of the coercated object due to the individual, the other organization is holding in the individual case, held after the breach of an attempted breach of property.

The forced collection of money, property of the subject of a forced subject, the other individual (later known as the third party) is in place to be applicable when there is sufficient following conditions:

1. The person with the authority to decide the coervate decision does not apply or has applied the coerventies prescribed in Section 1, 2, and 3 Chapter II This decree but has not yet obtained sufficient amounts of fines, unpaid or paid ineligible payments.

2. The person with the authority to decide whether or not to have a base determined by the third party is holding the money, the property of the alleged object.

What? 29. Verify information about money, the assets of the forced object due to third party holding.

1. The person with the authority to decide whether or not to enforce the charges of being able to verify information about the money, property of the subject is forced; the conditions of the execution decide to force the money, the asset due to the third party holding and proving the behavior of the escape attempt, the property of the subject was forced after the breach.

2. Agency, unit, organization, personally responsible for providing information on the money, property of the coercated object, and the escape behavior of the coercated object when required by the body of the coercated decision-making body.

What? 30. Third party responsibility is holding the money, the property of the forced object

1. Provide the agency with the authority to decide to force the information about the amount of money, the asset holding of the coercated object when required.

2. When receiving the required text of the authority with the authority to decide the coercate decision, not to be transferred to the deposit, the property for the coercated object until the execution of paying into the state budget or transfer of the property to the competent authorities. decided to resist the sale of the auction.

3. The third-party case does not perform the required authority of the competent authority to decide whether or to escape the money, the holding property of the forced object is processed under the rule of law.

What? 31. The decision to forcibly collect the money, the property of the raped object due to the third party is holding in the individual case, held after the breach of the alleged breach of property

The decision to forcibly collect the money, the property of the forced object due to the third party held in a personal case, held after the breach of the breach of the property including the following: The number of decisions; the date, the month, the year of decision; the base to the decision. The name, the office, the decision-making unit; the name, the address of the individual, the coercve organization; the name, the address of the individual, the organization holding the money, the property; the money, the assets were seized; the signature of the decision maker and the seal of the decision. Oh,

What? 32. The organization execs the money to collect money, the property of the raped object due to the third party held in the individual case, held after the breach of the attempted breach of property.

1. Before conducting the coercism, if the third party is holding the money, the property of the forced object voluntarily execs the coercated decision then the enforcement of the coercism stance itself recognizes the enforcement of the execution.

2. When forced to collect money, the property of a third-party coercated object is held in a personal case, held after the breach of the breach of a property defection must have a local government representative and the witness.

3. Rape must be established. In the specified margin: Time, forced organization site; the presiding body conducts coercism; the name, the address of the individual, the forced organization; the name, the address of the individual, the organization holding money, the property; the local government representative where progress. Enforcement, the witness, the money, the property, and the property.

4. Individual or organizational representative is coercated; personally, the organization representative is holding money, property; the agency representative decision to be forced, the local government representative and the witness sign to the border. There are many records to be signed into every single page. In the case of a person who is absent or present without a receipt, it must write to the editor and specify the reason.

5. The individual case, the coercated organization, the individual, the holding representative holding the money, the property deliberately absent, still proceeds to be forced but must have a representative of the local government and the witness.

Section 5

FORCED TO IMPLEMENT THE REMEDIATION MEASURE

What? 33. The forced decision to implement the remediation measure

The decision to forcibly implement the remediation of the consequences includes the following: the number of decisions; the date, month, year of decision; the decision base; the name, the decision of the decision maker; the name, the address of the individual, the forced organization, The solution of remediation must be done; the time of the forced completion; the individual, the body responsible for the presiding operation; the body of responsibility of participation; the signature of the decision maker and the stamp of the decision-making body.

What? 34. The enforcement organization forced the execution of remediation.

1. When receiving a forced decision to exercise the remediation, the individual, the organization tasked with organising the enforcement decision to coordinate with the agencies involved in mobiling forces, the vehicle to implement the measure. It's written in the decision.

2. Before the practice of coercism, if the individual, the institution of being forcibly executed, the presiding officer forcibly created the receipt of recognition of voluntary execution.

3. When enforcement of the procedure to enforce the remediation measures must have a local government representative and the witness.

4. The individual case, the forced organization in abscont, continues to be forced, but there must be a representative of the local government and the witness.

5. The individual case, the organization must enforce the coercated decision on dismantling, move the unauthorized construction work or land table that in the work and on that land has the non-forced property that the forced organizer has the right to. The organization must enforce the coerco decision and the others are present in the building or the land area, and ask them to transfer their assets. If they do not volunteer, the forced organiser asks the force to force them and the property out of the building or the land area.

If they refuse to receive the property, the forced organiser must compile a record of the number, strain, status of each type of property and organization, the individual has qualified to look for, preserve or preserve at the body ' s warehouse decision-making decision. Announcement of the location, time for the individual, the organization with the assets to return to the property. Personally, the organization has assets that are subject to transportation costs, which look, preserve the property.

Over the course of the 06-month period, since the date received notice of the property that individuals, the organization has no property, the property is auced under the rule of law. The proceeds, after excluding the costs of transportation, look for, preserve, handle the property that will be sent out of a non-term savings at the credit organization and informing the individual, the organization whose assets know to receive that money. For property that is damaged and no longer value, the organizers of the organization forcibly organize the destruction according to the rule of law. The forced organizer must compile a record of the status quo of the property before the destruction.

6. The individual case, the organization must enforce the forced decision to resubmit the amount of illegal gains due to the execution of a administrative violation or repayment of the amount by the funeral price, the administrative violation vehicle was consumed, fled, destroyed. The law of the coercive law that the coercive has not done right now, the person with the authority to decide the coercive decision applies one of the coercive measures prescribed at the point a, point b, point c 2 Article 86 The Administrative breach of the Administrative breach.

What? 35. The enforcement of the decision to forcibly implement the remediation measure.

1. The enforcement of the decision to forcibly implement the remediation method must be compiled and handed over to the forced one. In the written record: Time, place, the presiding agency conducts coerentive; personally, the organization is forced; the local government representative and the witness; the results made.

2. Personal or representative representative of the organization, which represents the decision-making body, the local government representative, and the witness sign to the border. If a person is absent or present without a receipt, it must be written and clear.

Chapter III

MAKE SURE TO ENFORCE THE LAW ENFORCEMENT

What? 36. The enforcement measures enforce the enforcement decision.

1. When there is a decision to apply the coercated measure, if there is a sign that the individual, the organization that is imposed on coercated conduct or damages of money, the property then the forced decision has the right to ask the authorities to have it. In relation, local authorities where individuals are forced to reside or work, the organization is forced to enforce a blockade to prevent the escape of money, property.

2. The individual case, the coercated organization whose anti-aircraft conduct does not make a forced decision after having campaigned, explained, persuadied but inefficient, the person who made the decision to force the right to mobilize forces, the means to protect them. to enforce the practice.

3. Individuals who are forcibly executed without making or escaping the execution are included in the unpublished area.

What? 37. Transfer of compulsory decision to secure execution

1. The individual case, the institution of being coercated on this provincial table but residing, based in another provincial table and without the unconditional acceptance of the coerco decision at the site of a violation of the violation, the forced decision to be transferred to the agency. The authority to enforce the same level of private residence, the coercated organization is based on the organization. If the individual was forced to reside, the organization was forced to be stationed without a forced authority on the same level, the forced decision was transferred to the District People's Committee to organize the practice.

The individual case, the forced organization of a district-level domain within a province in the mountains, the islands, or the remote, other remote areas where the travel was difficult and personal, the organization was forced to be unconditional on the site of the decision. Coercible decisions are transferred to the same institution where the individual resides, the organization is based on the organization.

2. The enforcement of the enforcement of the enforcement of the enforcement is responsible for transferring the entire case to the local authority on the local level where the individual resides, the organization is forced to be based on the basis of the organization.

During the 10-day period of work, since the date of the receiving notice and case of the incident, the local authorities where the individual is forced to reside, the organization is forced to be held accountable for organizing the enforcement decision.

What? 38. Coercive for the individual, the organization that has just been imposed sanctions on the administrative breach has just been imposed on one or more of the consequences of remediation.

1. The individual case, the organization that has just not approved the decision to punish the administrative breach, has just failed to accept one or more of the remediation measures, the person with the authority to decide to forcibly adopt the same law. in Section 1, 2, 3 or 4 Chapter II and Section 5 Chapter II This decree for the individual, that organization, minus the specified case at Article 74 Administrative breach of the Act.

2. The individual case, the organization only approvpoints the decision to punish the administrative breach without accepting the remediation or only the remediation of the consequences without the approval of the decision to punish the administrative breach, the person with the judge. The decision to force the coerkate decision applies in Section 1, 2, 3 and 4 Chapter II or Section 5 Chapter II This decree on the individual, the organization.

Chapter IV

FORCED EXPENSE

What? 39. Define the forced expense

1. The coercated cost defined on the basis of actual costs that have been born during the enforcement decision-making process is consistent with the price at each local.

2. The forced expenses include:

a) The cost of the mobiles of the decision making the decision;

b) The cost of remunation for valuing professionals to organize the auction, the cost of organizing the sale of property prices;

c), the cost of renting the goods, the goods, and the property;

d) The cost of renting or the preservation of the property was compiled;

Other actual cost (if any).

What? 40. Advance and reimbursable expense

1. The coercated cost is paid off from the state budget and is reimbursable soon after the individual ' s money is obtained, the organization is forced.

2. The Ministry of Finance has the responsibility to guide the management, the allocated, and reimbursable of the forced expenses under the rule of the law on the state budget.

What? 41. Pay expense payment

Personally, the organization is forced to take all the costs of coercve operations. If the individual, the organization does not voluntarily return or refund the coercive cost, the person with the authority to decide the coercive decision can make the coercive decision using regulatory measures at points a, b and c 2 Article 86 The violation of the breach. All right.

Chapter V.

EXECUTION CLAUSE

What? 42.

The decree came into effect on December 28, 2013; the replacement of the Digital Protocol. 37 /2005/NĐ-CP March 18, 2005 by the Government the procedure for the procedure to apply for the coervate of administrative violations.

What? 43.

1. The Minister of Public Security, in coordination with the ministries, is concerned with the direction of this decree.

2. The ministers, the chief of the government, the Prime Minister of the Government, the Chairman of the People's Committee of the provinces, the Central City of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung