Decree 81/2013/nd-Cp: Detailing Some Things Law Enforcement Measures And Handling Of Administrative Violations

Original Language Title: Nghị định 81/2013/NĐ-CP: Quy định chi tiết một số điều và biện pháp thi hành Luật Xử lý vi phạm hành chính

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The DECREE detailing some things law enforcement measures and handling of administrative violations _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
The base of law handling administrative violations on June 20, 2012;
According to the recommendation of the Minister of Justice;
The Government issued a decree detailing some things law enforcement measures and handling of administrative violations.
Chapter I PROVISIONS DETAILS on SANCTIONING of ADMINISTRATIVE VIOLATIONS and APPLY ADMINISTRATIVE PROCESSING MEASURES article 1. Object sanctioned administrative offense subject sanctioned administrative offense as individuals, the organization specified in clause 1 article 5 of law handling administrative violations.
Case officers, public servants, officers made violation while on duty, the duty and the breach of that duty, task, not sanctioned under the provisions of the law on the handling of administrative violations, which dealt with under the provisions of the law of officers , public servants.
The State Agency made in violation of State management of the tasks assigned, not sanctioned under the provisions of the law on the handling of administrative violations, which were processed in accordance with the relevant legislation.
Article 2. Regulation of administrative violations, fines, punishments, remedial measures in the Decree sanctioning administrative violations in the field of governance 1. The regulation of administrative violations must ensure the following requirements: a) Has violated the rules of obligation, responsibility, things forbidden by the law about administrative management order in the field of governance;
b) meet the requirements for ensuring the orderly administration of the State;
c) administrative violations must be clearly described, specifically to be able to identify and sanction are in practice.
2. The prescribed sanctions, punishment level for each administrative violations must be based on the following factors: a) the nature and extent of invasive management order of State administrative violations; for non-serious violations, simple in nature, they must prescribe sanctions warning;
b) income level, the average living standards of the people in each stage of socio-economic development of the country;
c) level of education, deterrence and reasonableness, feasibility of the application form, the level of the fine.
3. The prescribed remedial measures for each administrative violations must be based on the following requirements: a) Are caused or likely fact caused repercussions;
b) meet the requirements to restore order in the State administrative management due to administrative violations cause;
c) Must be clearly described, specifically to be able to perform in practice and to ensure viability.
4. the prescribed penalty frameworks for each administrative violations must be specific, the gap between the minimum and maximum penalties of a fine frame not too big. The fine frame in an article must be arranged in order from low to high fines.
5. administrative violations must be specified in the Decree sanctioning administrative violations in the field of governance respectively, consistent with the nature of the violation of the Act. Cases of administrative violations in the field but due to the nature of the particular violation of the Act, the regulation and sanction in the Decree sanctioning administrative violations in the field. In this case, the form, the sanction provisions are consistent with the provisions of the Decree sanctioning administrative violations of the State management sector respectively.
Article 3. Prescribing sanctions deprived of the right to use the license, certificate of practice or have confiscated exhibits, means for administrative violations administrative violations in the Decree sanctioning administrative violations in the field of governance 1. The regulations deprived the right to use the license, certificate of practice there are time limits for administrative violations must be based on the following bases: a) is a direct violation of the activities stated in the licence, the certificate of practice;
b) breach nature, severity order invasive state administrative management.
Deprived of the right to use the term of the licence, the certificate of practice for administrative violations must be regulated into specific time-frames, the gap between the time deprived of the minimum and maximum are not too large.
2. Regulating seizure exhibits, means for administrative violations administrative violations must be based on the following bases: a) serious breach was made due to intentional error;
b) Animals, money, goods, vehicle is direct evidence of administrative violations or are directly used to make administrative violations, but if there is no character, money, goods, vehicles, it's not possible to be violations.
The case exhibits, means of administrative violations as drugs, weapons, explosives, support tools, valuables of cultural values, history, national treasures, antiques, rare animals, forest products in the categories of prohibited circulation, regulating seizure.
Article 4. Prescribing sanctions deprived of the right to use the license, certificate of practice has a time limit or suspend activities there is fines or supplements in the Decree sanctioning administrative violations in the field of governance The prescribed sanctions deprived of the right to use the license practising certificate, have the time limit or suspend activities there is fines or supplements for administrative violations of the Decree sanctioning administrative violations must be based on article 21, article 25 of law handling administrative violations paragraph 1, article 3 of this Decree and the special nature of each sector governance.
Article 5. Determining the right sanctions 1. The jurisdiction of each fine titles must be specified in the Decree sanctioning administrative violations. With regard to the Decree has many areas of governance, the authority must be specified for each sector.
The case of the fine authorized the titles specified in article 38, article 39, article 40, article 41 and article 46 of law handling administrative violations are calculated according to the percentage of the maximum fine levels of respective fields defined in clause 1 article 24 of law handling administrative violations , the Authority fined must be calculated into the levels of money to specific provisions in the Decree.
2. for the field management of State regulation in paragraph 3 article 24 of law handling administrative violations administrative violations there that the fine is determined according to the number of times, the value of goods, exhibits the violation, the sanction of the jurisdiction specified in article 38 titles , Article 39, article 40, article 41 and article 46 of law handling administrative violations are determined according to the percentage of the maximum fines in that field and must be calculated into the levels of money to specific provisions in the Decree.
3. in case the Decree sanctioning administrative violations have prescribed more titles participate in sanctions in the various fields of different governance, it must specify the authority sanction of that title for each specific terms.
In case the decree regulating the administrative violations particularity as specified in Clause 5 2 of this Decree, the position has the authority sanction of State management in the field of specialization also be sanctions for acts of special nature specified in Decree sanctioning administrative violations in the field.
4. Text delivery rights prescribed in article 54, paragraph 2 Article 87 and item 2 Article 123 of law handling administrative violations must clearly define the scope, content, delivery deadlines; the text delivered right to number, specify the year, month, date, signature and stamp; the case Agency, units of the delivered right to not use the seal, the seal of the superior bodies.
The legal base is part of decision sanctioning administrative violations of the deputies assigned to clear numbers, days, months, years, excerpts of texts delivered right.
5. Who was assigned to head the Agency, the competent units sanction, the sanction and authority over the sanction as Chief level.
Article 6. Set the minutes of administrative violations and decision sanctioning administrative violations 1. Set thereon authority administrative violations include sanctioning authority, public servants are on duty, duty; the Commander of the ship, Captain, and ship captain who was commanding the ship, Captain, Chief ship tasked to set the minutes.
The titles have the jurisdiction to set the minutes are specified in the Decree sanctioning administrative violations in the field of governance.
2. The competent administrative infringement thereon set forth in paragraph 1 of this article only has the right to set the minutes about the breach in the scope of the duty, assigned tasks and is responsible for the preparation of the minutes.
3. An administrative violation were only formed thereon and a sanctions decision times. Case of violation has been established thereon but not yet sanction decisions that individuals, not the organization making the request, the order of the competent sanctions, still deliberately perform acts that breach, then the competent person must sanction to apply preventive measures and ensure the handling of administrative violations to end the violations. When the decision to sanction for that behavior, the sanctioning authority can apply more aggravation in i clause 1 article 10 of law handling administrative violations or sanctions for behavior that does not make the request, the order of the competent sanctions and punishments for violations of the established thereon but has not yet released certain sanctions.
Cases of violations were the decision to sanction but personally, not enforce infringement organization or are enforcement of the decision which then continued to make that violation, the violation is considered a new violation.

4. the individual cases, the Organization made many administrative violations in the same violations, then the minutes of administrative violations must specify each violation. The punishment decision is made according to the provisions in paragraph 3 Article 67 of law handling administrative violations.
5. For the implementation of remedial measures according to Clause 5 Article 85 of law handling administrative violations, then in deciding sanctions must specify who is responsible for reimbursing the cost of remedial.
6. for violations in the case publicly as specified in paragraph 1 to article 72 of law handling of administrative violations, the decision in sanctioning administrative violations must specify the base implementation; the content publicly; the name of the newspaper, electronic information management agency's Ministry Department of the provincial people's Committee or the site of administrative violations to publicly posted information.
Article 7. Apply sanctions deprived of the right to use the license, certificate of practice 1. The case of an individual, the Organization made many administrative violations which sanctioned in the same times, in which two or more acts were applied sanctions deprived of the right to use the same type of license, certificate of practice, then apply the time limit deprived right to use license; practice of administrative violations had deprived the longest.
2. Authority to apply sanctions deprived of the right to use the license, certificate of practice is not dependent on the authorities, who granted a license, certificate of practice which only made under the provisions of law handling administrative violations.
3. within 5 working days from the date of the decision to strip the right to use the license, certificate of practice, decision-making authority is notified in writing to the Agency, who has a license, certificate of practice.
4. in case of the detection of license, certificate, registration certificate was intentionally erased, corrected misleading content or has been granted due to forgery of papers, documents and records suggest that license, the authority sanctioned the revocation and inform agencies have licensed , certificate, business registration certificate revoked said.
Article 8. Publicly on the mass media the sanctions against individuals, organized administrative violations 1. For the violation must be publicized as specified in paragraph 1 to article 72 of law handling administrative violations, heads of unit, who took the decision to sanction sending text about the publicized and a copy of the decision sanctioning administrative violations to the people in charge of newspapers or electronic information page of the Ministry administration , the level or of the provincial people's Committee where the violation occurred within 3 working days from the date of the decision to sanction.
2. Content of information publicized, They include: name, address, occupation of the offense or the name, the address of the offending organization; administrative violations; the consequences or effects of violations; sanctions, remedial measures and the time taken.
3. The person in charge of the newspaper or electronic information page when getting the text proposed public information is responsible for posted content, sufficient information publicly.
4. Heads, unit where people had a decision sanctioning administrative violations must be responsible for the content of information publicly; have the responsibility to fix misinformation within 7 working days from the moment of discovery or get changed requirements. The cost for the revised due to the Agency's unit had decided to pay sanctions. The person in charge of the electronic information page or post information to make posting revised within 1 working day on electronic information page or the next alarm number, since the time of receiving the request.
In the case of electronic information page or posted message is not exactly the information specified in paragraph 2 of this article, it must fix the right location or category has posted false information within 1 working day on electronic information page or the next quote number and must bear the costs for the fix.
5. in case the publicize the sanction could not make time for unforeseen reasons, then the competent person must publicly report the direct superior heads and publicize the sanction immediately after unforeseen events have been overcome.
6. Funding made publicly are retrieved from the funding agency's regular operations, the unit where people had a decision to make a public announcement.
Article 9. Enforcement of the decision sanctioning administrative violations in the case of persons sentenced to death, missing, sanctioned organization dissolved, insolvency 1. Cases of people sentenced to death, missing, sanctioned organization dissolved, bankrupt according to the provisions of article 75 of law handling administrative violations, which determines the sanctions still enforced time limits, the person who has the decision to sanction the decision to enforce a sanction decision section administrative violations within 60 days from the date of the person sentenced to death was recorded in the death certificate; missing persons recorded in the decision declared missing; sanctioned organization dissolved, bankrupt in deciding the dissolution, bankruptcy. Enforcement decision includes the following: a) the suspension of the enforcement of the sanctions, the reasons for the suspension; unless otherwise specified in point b of this Paragraph;
b) sanctions confiscated exhibits, means of administrative violations and remedial measures continue to enforce.
2. With regard to sanctions confiscated exhibits, means of administrative violations, the individual, the organization is managing exhibits, the media breached must have responsibility.
With respect to remedial measures, then the individual is the person entitled to inherit property is determined by the provisions of the civil law of inheritance must continue to enforce the remainder of the sanction decision.
For the Organization sanctions was dissolved, bankrupt, then decided to enforce a partial decision sanctioning administrative violations must be submitted to the Agency, organization or individual has the authority to resolve the dissolution, bankruptcy; legal representative of the Organization was dissolved, bankrupt to enforce.
3. within 3 working days from the date of partial enforcement decisions decided to sanction administrative violations, this decision must be sent to the individual, the organization specified in item 2 of this Article.
4. procedure for execution of the content of the sanctions decision under point b Paragraph 1 of this article is made according to the provisions of section 2 of chapter III of part two of law handling administrative violations. The case too the time limit for the implementation of the decision that the individual, the organization specified in clause 2 of this Thing does not implement the remedial measures, the competent bodies of the sanction are accepting resumes service administrative violations must be made. The cost of implementing the remedial measures are deducted from the inheritance that the sanctioned leave or property remaining of sanctioned organization dissolved, bankrupt and is regarded as one of the priority expenses payment (if any).
5. where the person sentenced to death not to back your inheritance, sanctioned organization dissolved, bankrupt property no longer, then implementing the remedial measures to be taken according to the provisions in clause 4 Article 85 of law handling administrative violations.
6. Heirs of people sentenced to death, missing, legal representative of the organization sanctioned dissolution, bankruptcy has the right to monitor, the complaint claims for the cost of implementation and the payment of the cost of implementing remedial measures specified in paragraph 4 of this Article.
Article 10. Forms, procedures, filing penalties 1. Individuals, organizations violate the fine work done by one of the following forms: a) Filed directly at the State Treasury or commercial banks where the mandatory Treasury collects the fines stated in the decision to sanction;
b) submission directly or transfer to the account of the State Treasury in deciding sanctions;
c) forfeit directly to the authority sanction prescribed in clause 1 Article 56, paragraph 2 Article 78 of law handling administrative violations or submitted directly to the port or the port representative service for aviation people sanctioned is the transit through the territory of Vietnam to make international flights originating from the territory of Vietnam; crew members on duty on transit flights over the territory of Vietnam; crew members of foreign airlines international flight launched from the territory of Vietnam.
2. where the decision to sanction only apply shape which sanctioned individuals non-residents, non-sanctioned organization headquartered at the place where the violation occurred at the suggestion of the individual, the organization sanctioned, sanction Authority decided to fine the form submits fine specified in point b of Paragraph 2 of this Article and send decide on sanctions for individuals, the organization violated the mail-in form guaranteed within 2 working days from the date of the decision to sanction.
Personally, the organization sanctioned forfeit to the State Treasury accounts recorded in the sanction decision within the time limit specified in paragraph 1 to article 73 of law handling administrative violations.
Within 5 working days from the date the fine was remitted to the State Treasury's account, then the custody papers to ensure the sanctions prescribed in paragraph 6 to article 125 of law handling administrative violations must return the individual, the organization sanctioned the papers have custody through the post office by the secured form. The cost of sending the decision to sanction and the cost of return travel documents by the individual, the organization sanctioned to pay.
3. Individual cases recommended to postpone the enforcement of a fine or personal decisions, the organization recommended fine several times according to the provisions of article 76 and article 79 of law handling administrative violations, they must have the application send who sanction decision within 5 working days from the date of receiving the decision to sanction.

4. Individual cases suggest diminish, as long the rest or the whole of the fine according to the provisions of article 77 of law handling administrative violations, they must have the application send who sanction decision within 10 working days, prior to the expiry of delay noted in the decision to postpone the enforcement of the sanction decision.
5. within 10 working days from the date of receiving the application fine many times, the person who has the decision to sanction must be responsible to reply in writing to the proposal; the absence of consent must clearly state the reason.
6. where the prescribed penalty delay submission in paragraph 1 Article 78 of law handling of administrative violations, the Agency collects the fines based on the decision to sanction to calculate and collect the money slowly forfeit.
7. Decides to postpone the enforcement of the sanction decision; decrease, provided the rest or the entire fine; fine many times must be in writing.
The review period, decide to reduce the long rest or allow fine many times do not count as time slows down fine.
8. The Minister of finance, in coordination with the ministries concerned, the filing guidelines administrative violations fines prescribed in clause 1 and clause 2 of this Thing.
Article 11. Voucher currency lodging, fine and slow money filed administrative violations 1. Voucher currency lodging, fine, forfeit the slow money is printed, issued, managed and used in-unified country under rule of law to confirm the amount that individuals, organizations sanctioned administrative offense was filed with the competent agencies in collecting the fine.
2. Certificate from the currency lodging, fine and forfeit the slow money include: a) fine to print receipts available denominations are used to collect fines for administrative violations in place as prescribed in clause 2 and Clause 69 Article 2 Article 78 of law handling administrative violations in the case of a fine of up to 250,000 Dong for individuals , 500,000 đồng for organizations;
b) receipts not fine print available denominations are used to collect fines for cases of administrative violations sanctions left and collect money slow forfeit;
c) verification fine on account of the State Treasury (if available);
d) The other documents as specified by the law.
3. The issuance of receipts collected fine shall be as follows: a) the Ministry of finance is responsible for organizing receipts level penalty for agencies, units of the authority sanctioning administrative violations and the agencies, the organization collects the fines prescribed administrative violations of the law;
b) release agency must be notified in writing before the release lays out first used samples of receipts of administrative violations;
c) individuals, organizations are granted the receipts of administrative violations must manage and use the receipts to a fine according to the provisions of this Decree and other relevant regulations.
4. Use the fine receipts: a) individual, the organization collecting the fines when using receipts collected fines have to collate the information recorded on the decision sanctioning administrative violations and the contents recorded on receipts of penalties as prescribed. The total amount on the receipts are fine with the right amount of a fine record in deciding sanctions;
Slow charge case filed administrative violations as stipulated in clause 1 Article 78 of law handling administrative violations, then the receipt content must specify the amount collected and the currency in the case of the slow forfeit money.
b) individuals, the organization filed an administrative violation fines have the right to refuse payment if the receipts or vouchers collect money not properly form prescribed, with no proper record of decision sanctioning administrative violations, incorrect record number of penalties, forfeit slow (if available) and report it to authorities who have the authority to collect the fines to timely processing.
5. Manage receipts penalty: a) the management of receipts of administrative violations conducted under current management regimes consistent with each type of receipts;
b) organs, organizations are granted the receipts to collect fines for administrative violations are responsible for tracking the books open import, export, storage, retention of receipts under the current accounting mode; monthly, quarterly reporting the situation to use receipts of administrative violations; annually perform settlement receipts of administrative violations as a rule;
c) cancelling receipts fines follow current regulations suit every type of receipts.
6. Minister of finance specifies the contents, forms of receipts and the other fine collectible vouchers; organizing print, distribution and management, using the certificate from the currency and money slow forfeit of administrative violations.
Article 12. Procedure for transfer of exhibits, means of administrative violation confiscated for auction 1. With respect to exhibits, means of administrative violation confiscated not in cases stipulated in points a, b, c and d of paragraph 1 to article 82 of law handling administrative violations, tenses within a period of 30 days from the day the decision to confiscate exhibits, means of administrative violations, the decision-making authorities confiscated must sign contracts with auction organizing auction Professional price on the province, central cities where violations occur.
The event was held not hire professional auctioneers, the Agency had decided to confiscate founded the Council for auction. Components, the sequence, the auction procedures of the Board made under the provisions of the law of property auction to auction the property Board in special cases.
2. After you have signed a contract to sell the property auctions, the Agency had decided to confiscate conducting transfer of exhibits, means of administrative violations and establishment of a transfer. The minutes must specify day, month, year of the transfer; the transfer; the person receiving the transfer; signature seal (if any) of the transfer, the transfer recipient; the number, status exhibits, means of administrative violation confiscated; the responsibility for preservation of exhibits, seized vehicles for auction.
In the case of exhibits, means of administrative violation confiscated is bulky items or large numbers, then the professional auction organizer has hired auctioneer continuing asset preservation contract with where are hold exhibits, that means. The Organization of sale of that property auctions are made in places where is holding exhibits, media.
3. The Agency had decided to confiscate when conducting transfer of exhibits, means of administrative violations must include the record transfer of exhibits, means of administrative violation confiscated for the professional auction Organizer. Transfer records include: transfer thereon; the decision to confiscate exhibits, media; the papers, documents relevant to the ownership, legal rights (if any); text valuation of exhibits, media or other vouchers, bills reflected the value of the exhibits, the means of administrative violation confiscated.
4. Case exhibits, vehicle auction not be or have been auctioned but not enough proceeds to pay the fee prescribed in paragraph 4 to article 82 of law handling of administrative violations, the support from the State budget according to the provisions of the law on decentralization of State budget management.
Article 13. Determine the age of the object being applied administrative processing measures 1. Competent person making the proposal apply to administrative processing measures determine the age of the object being applied administrative handling measures based on the subject's birth certificate. The absence of a birth certificate or cannot determine the correct day, month, year of birth in the birth certificate, shall be based on the identity card, passport, Hukou or other papers are the competent authority level indicates the day, month and year of birth.
The case does not have the papers on to determine the age of handling administrative violations shall be based on the book the President or the papers, books, other documents of relevant State agencies to determine the age of objects.
Event information date of birth recorded in the papers on inconsistency, defined by day, month, year of birth in the papers most favorable for the object.
2. where the documents specified in Clause 1 of this article does not specify day, month, year of birth, then the determination of the date, month, year of birth is calculated as follows: a) If identified, specifically, but not to determine which day of the month, then retrieved the last day of that month to do the birth;
b) If determining the particular quarter of the year, but did not identify the date in you, then get the last day of the last month in which you make the birth;
c) If determined to be specific the first half or the second half of the year, but does not determine the date in the first half of the year, or half of last year, then retrieved on 30 June or 31 December of that year made the birth;
d) If identified in specific but does not identify the date, then retrieved on December 31 of that year, making the date of birth.
3. The determination of the age in paragraph 1 and Paragraph 2 this must be made in writing.
Article 14. Sanctioning administrative violations with respect to juveniles 1. When conducting sanctioning administrative violations with regard to minors, the case does not determine the correct age to apply sanctions, then the people have the authority to sanction the choice of applicable sanctions are beneficial for violators.
2. Before deciding on sanction of caution with regard to juveniles in violation of the administrative authority, the administrative sanction must consider the conditions of application of the measures specified in article 139 reminders of law handling administrative violations and article 15 of this Decree. Only a decision to sanction warning for minors when not enough measures conditions prompted.
Article 15. The measure prompted 1. The measure prompted is educational measures are applied for alternative sanctions warning for minor administrative violations to minors aware of their violations.
2. Objects and conditions apply measures to remind:

a) juveniles from the age of 14, enough to under 16 years sanctioned administrative offense when they do, admit and honest remorse about his violations.
b) minors from age 16 to under 18 sentenced to administrative violations when violations of the prescribed administrative penalty of caution and minors do, admit about violations, honest remorse about his violations.
3. Who has the authority to sanction pursuant to the conditions specified in paragraph 2 of this decision, to consider measures to prompt. The reminder was made verbally, and not established thereon.
Article 16. Record-setting measures administrative processing 1. The establishment of educational measures in commune, Ward, the audience made violations of the provisions of paragraph 3, Clause 5 Article 90 of law handling administrative violations when the object has at least twice sanctioned administrative offense about the violation within 12 months.
2. The establishment measures taken on liberal school, the institution required for objects made of violations specified in paragraph 4 to article 92, paragraph 1 Article 94 of law handling administrative violations when it has been applied in educational measures in commune , Ward, and has at least twice sanctioned administrative offense about the violation within 12 months.
3. The establishment measures taken on the basis of compulsory detoxification does not apply to people who are involved with the drug rehab program in the community according to the provisions of the law on drug prevention.
Article 17. Notification of establishment of the profile and check of legal records suggest measures of administrative processing 1. After completing the recommended records prescribed in clause 4 Article 97, paragraph 3 to article 99, paragraph 3 to article 101 and paragraph 3 Article 103 of law handling administrative violations, within 3 working days, the Agency has established records must inform in writing the person with applied or father parents or guardians of minors on the set profile. Written notice must indicate the measures applied in the administrative processing of records suggest, the right to read, record and copy the required content in the profile of the person receiving the notice.
2. The examination of legal records suggest measures of administrative processing prescribed in clause 1 of this article by the judicial officer-level civil registrar, the Chief Justice at district level to ensure implementation of the accord, the full provisions of law handling administrative violations with respect to the following issues : a) the documents, papers in the suggested profile as defined in paragraph 3 Article 97; Paragraph 1, paragraph 2 Article 99; Paragraph 1, paragraph 2 Article 101; Paragraph 1, paragraph 2 Article 103 of law handling administrative violations;
b) time apply administrative handling measures prescribed in clause 2 article 6 of law handling administrative violations; the subject was applied the administrative handling measures prescribed in article 90, article 92, article 94 and article 96 of law handling administrative violations;
c) the authority making the proposal; sequence establishment procedures, recommend measures prescribed administrative processing.
3. The text of the legal test must have the signature of the competent person check and be stamped; with regard to social must be certified by the township-level people's committees. The check text is included legal records suggest measures of administrative processing.
Article 18. Responsibility of the competent handling of administrative violations when on duty 1. When conducting sanctioning administrative violations or review the decision to apply the measures of administrative processing, the authorized person must: a) Has ordered to duty, wearing costumes, colors, badges of the prescribed sector;
b) timely processing, the true nature and extent of the violation, the provisions of the law on the handling of administrative violations, order, regulation, regulation of each sector;
c) attitude, seriously, not troubling, harassment, demanding, receiving money, other assets of the violators or tolerate, cover the breach; not to violate the prohibition.
2. People are violations of the provisions of Paragraph 1 of this article or the violation of the provisions of the acts prohibited in article 12 of law handling administrative violations or violation of other provisions of the law, depending on the nature and extent of the violation being disciplined or suffer prejudice criminal liability; If the damage is reimbursed according to the provisions of the law on liability for compensation by the State.
Chapter II ADMINISTRATION of LAW ENFORCEMENT HANDLING of ADMINISTRATIVE VIOLATIONS 1 CONTENT MANAGEMENT on the IMPLEMENTATION of the LAW on the HANDLING of ADMINISTRATIVE VIOLATION of article 19. Construction, perfecting laws on handling administrative violations 1. Research, build, improve policies, laws on handling administrative violations.
2. Build the competent authority issued or issued by the authority the legal text on the handling of administrative violations.
3. Reviewing, monitoring the enforcement of the legal text on the handling of administrative violations to timely detect the provisions not feasible, not consistent with the practices or overlapping, contradictory to modify, supplement or competent bodies propose amendments, additions.
4. Summary, summarizing the situation of enforced to improve the system of legal documents on the handling of administrative violations.
Article 20. Common law, guidance, training, professional training of law handling administrative violations 1. The study, compiled to serve documents, fostering common trainings law on handling administrative violations.
2. Organization of training, professional training for people working on handling administrative violations.
3. popular organizations of law handling administrative violations with content and form fit each specific audience.
4. Guidance applicable laws on handling administrative violations.
Article 21. Inspect the enforcement of laws on handling administrative violations 1. Content check the enforcement of the laws on handling administrative violations include: a) situation issued legal documents related to the handling of administrative violations;
b) popular work, training, guidance, resources and other conditions to ensure the enforcement of law handling administrative violations within ministries and local;
c) the application of the legal provisions on the handling of administrative violations;
d) implementing statistical mode of handling administrative violations;
DD) building, the management of the database on the handling of administrative violations and provide information for integration into the national database;
e) resolving complaints, accusations in the handling of administrative violations.
2. The test is conducted in the following cases: a) under the direction of the Prime Minister;
b) as suggested by ministries, provincial people's Committee;
c) as proposed by the Department of Justice, Office of Justice on the basis of monitoring the implementation of laws on handling administrative violations;
d) the enforcement of laws on handling administrative violations in interdisciplinary management scope are many difficulties and problems, inadequacies, or for complex cases.
3. test method: a) check periodically, according to thematic, geographical areas;
b) unscheduled inspections;
c) test.
4. the decision-making authority to check: a) the Minister of Justice decision check for specified at points a, b and d of Paragraph 2 of this Article. With regard to the provisions of Paragraph 2 d of this that has complex properties, inter-sector, national in scope, then the Minister of Justice reported the prime consideration, decision;
b) Chairman provincial people's Committee, the decision to test for cases specified in point c, d Paragraph 2 this scope in the area of management.
5. Decides to examine must specify inspection group ingredients; time, content, location, check; Agency name, the unit test; the responsibilities of the inspection division and was sent to the Agency, the unit test to perform.
6. report results check: a) the slowest is 15 days from the date of the end of the test, the test crew Chief must have written report inspection results to send people decided to set up the test group, and sent to be tested.
In the case of reporting test results have suggested the Agency was checking the review process the recommendations of the inspection group, then the slowest is 30 days from the date of the report, the Agency inspected must consider handling the petitions and send report results to the people decided to set up the test group;
b) report inspection results to have the following content: law enforcement situation of handling administrative violations; results achieved; limited, inadequacies; difficulties, problems and causes; recommendations, suggestions.
Article 22. Coordinate inspection of the enforcement of legislation on the handling of administrative violations The coordinate inspection of enforcement of the law on the handling of administrative violations between the Ministry of Justice with the ministries, ministerial agencies concerned; between the Department of Justice with the specialized agencies of the provincial people's Committee, the organs are organized by industry vertical closed province, central cities, district-level people's committees are made in the case of recommendations, personal reflection, organization, press on the application of legal provisions on the handling of administrative violations serious influence. to the right, the legitimate interests of the individual, the organization.
Article 23. National database on handling administrative violations 1. National database on handling administrative violations are constructed on the basis of integrated electronic data from the database on the handling of administrative violations of the ministries, ministerial agencies and people's committees of all levels.
2. The construction, management, exploitation, use national databases is done according to the Decree of the national database on the handling of administrative violations.
Article 24. Statistics on handling administrative violations 1. Statistics on handling administrative violations as the basis to assess the situation, forecasting the trend of administrative law violations, propose solutions, improve policies, laws, serve law enforcement report on the handling of administrative violations and state management on handling administrative violations.

2. Statistical information on the handling of administrative violations are collected according to the provisions of the law on statistics.
Article 25. Reported law enforcement work on the handling of administrative violations 1. Reported law enforcement work on the handling of administrative violations include reports on the situation of sanctioning administrative violations and report on the State of application of the measures of administrative processing, which is done periodically may 6 and October.
2. The report on the State sanctioning of administrative violations include the following: a) commented, the general assessment of the situation of administrative violations and sanctioning administrative violations in the local areas;
b) Of violation detection, handling; the object violation; the application of sanctions and remedial measures; preventive measures and ensure sanctioning administrative violations; the types of common infringements;
c) results enforce the decision sanctioning administrative violations: total fines collected; the number of exhibits, means of administrative violation confiscated; the number of the licence, the certificate of practice be deprived of the right to use the term; number of service suspended operation has a time limit; the number of decisions to sanction has not yet been executed; number decided to postpone, reduce, exempt from enforcement of fines; number of service being coercive enforcement; number of service complained, Sue;
d) the implementation of alternative measures of handling administrative violations prompted for a minor violation;
DD) profile showing signs of crime are transferred so criminal liability;
e) difficulties and obstacles in the implementation of the law sanctioning administrative violations; recommendations, suggestions.
3. The report on the situation of applying measures of administrative processing includes the following content: a) commented, the general assessment of the situation of educational measures in commune, Ward, town and making recommendations to apply measures to handle local administration; number of service complained, Sue;
b) the number of the subject of educational measures in commune, Ward, and the number of records suggest the Court applied the administrative processing measures;
c) number of cases of application of alternative methods of handling administrative violations in management of families for minors;
d) the situation of the enforcement institutions decided to adopt measures to handle the administrative court decision; the number of postponed, provided executive decisions and the management situation was postponed, was temporarily suspension of decision according to the provisions of article 113 of law handling administrative violations;
DD) number objects are accepted at the facility forced detoxification; reduction of the time limit; temporary suspension or Executive exempt part time left; not determine the place of residence in the case of temporary suspension of or exemption from part time Executive moved to medical facilities for treatment;
e) of the number of objects that are accepted at the institution required school nursing; the amount of remission; temporary suspension or Executive exempt part time left; the number object does not determine the place of residence in the case of temporary suspension of or exemption from part time Executive moved to medical facilities for treatment;
g) amount of the object does not determine the place of residence is a minor or who is sick, no longer labor ability is put on the basis of social protection;
h) difficulties and problems; suggestions, recommendations.
4. The time taken for data with periodic reports 6, calculated from October 1 of the previous year to 31 March the following year; with regard to the annual report, from October of the previous year to 30 September of the following year.
Section 2 SHALL MAKE GOVERNANCE ABOUT LAW ENFORCEMENT HANDLING of ADMINISTRATIVE VIOLATIONS to article 26. The responsibility of the Ministry of Justice Ministry of Justice is responsible to oversee the Government's governance of law enforcement handling of administrative violations, have the task, the following powers: 1. building, perfecting laws on handling administrative violations: a) propose to the competent authorities the construction improve legislation on handling administrative violations;
b) building, issued by the authority or the competent authority issued the documents guiding the implementation of the law on the handling of administrative violations;
c) presiding, in cooperation with government offices, ministries, ministerial agencies build programs build the Decree detailing law enforcement measures and handling of administrative violations; Guide, test, urge the ministries, ministerial-level agencies in the proposed construction programme, implementation of the Decree.
d) suggested the Agency chaired drafting study the amendments, supplements perfect the law on handling administrative violations on the basis of recommendations of the agencies, organizations, individuals and practices in managing the implementation of the law on the handling of administrative violations; hosted, in cooperation with the Office of the Government and relevant agencies to study, propose the Prime Minister, the Government process limit, inadequacies in law application practices of handling administrative violations;
DD) summary, summarizing the law enforcement situation about handled administrative violations.
2. Monitoring the implementation of laws on handling administrative violations: a) instructions, test, urge ministries, ministerial agencies, people's councils and people's committees of all levels in the implementation of law handling administrative violations, timely detect the difficulties, obstacles and to suggest remedies;
b) opinion in the application of the law on the handling of administrative violations by the Government, the Prime Minister.
3. Guide the laws on handling administrative violations under the authority or the proposal of the Ministry, ministerial and local authorities.
4. Guide the work to disseminate laws on handling administrative violations; hosted, in cooperation with the ministries, ministerial agencies concerned guidance, training, professional training in the implementation of the law on the handling of administrative violations.
5. the Chairman, in collaboration with ministries, ministerial agencies and institutions, relevant organizations implement interdisciplinary examination of law enforcement situation of handling administrative violations in cases stipulated in points a, b and d, item 2 article 21 of this Decree.
6. Recommendations to the ministries, ministerial agencies organize inspection when there are recommendations, personal reflection, organization on the application of the law on the handling of administrative violations have serious effects to the rights, legitimate interests of individuals, organization; join the delegation inspected by the ministries, ministerial agencies established.
7. building a national database on the handling of administrative violations; guide the management, exploitation and use of national databases on handling administrative violations in accordance with the law.
8. Establish, maintain the operation of the portal to receive the reflected, recommendations, a result resolving the administrative violation according to the regulations.
9. the promulgation and implementation of statistical mode of handling administrative violations.
10. Construction, the Agency has the authority to report law enforcement work on the handling of administrative violations.
11. Perform the duties specified in article 27 of the Decree.
Article 27. The responsibility of ministries, ministerial agencies 1. Make the task of building and perfecting laws on handling administrative violations in the scope of management of The Ministerial organs, the provisions of article 19 of this Decree.
2. Build situation report sanctioning administrative violations by the content prescribed in clause 2 article 25 of Decree authority sanctioned by the Ministry, ministerial-level agencies, submitted before the Ministry of Justice on 20 April for periodic reports 6 months; before 20 October for the annual report.
The Ministry of labor, invalids and social situation report measures taken on the basis of compulsory detoxification under content regulation at the points d, e, g and h of article 25 paragraph 3 of this Decree.
The Ministry of public security reported the situation of educational measures in commune, Ward town; put on the market brought; the institution required according to the content specified at points a, b, d, e and h Clause 3 article 25 of this Decree.
3. Perform the statistical tasks within the scope of the Department's management, ministerial-level agencies.
4. Build a database about the handling of administrative violations in the jurisdiction of the sanctions, ministerial bodies; direction to the agencies, the unit provides information to serve the construction of database on the handling of administrative violations and integrated into the national data base about the handling of administrative violations in the Ministry of Justice.
Directing bodies, units of ministries, ministerial-level agencies to coordinate, provide information on handling administrative violations sent the Ministry of Justice to build a national data base on the handling of administrative violations.
5. Perform test law enforcement situation about handled administrative violations in the field of the management authority, ministerial authority.
6. Perform the common tasks, training, professional training apply laws on handling administrative violations in the Department's management authority, ministerial authority.
7. The construction of infrastructure, the whole event organization, deployed resources to implement the enforcement of laws on handling administrative violations as stipulated in paragraph 2 article 4 of resolution No. 24/2012/QH13 of Congress about the enforcement of law handling administrative violations.
8. the legal organization of the ministries, ministerial agencies host help Ministers, heads of ministerial agencies perform monitoring law enforcement handling of administrative violations in the field of management of the domain, ministerial authority for the task specified in the item 2 , 5 and 6 of this and other tasks as assigned.
Article 28. The responsibility of the Ministry of the Interior 1. Perform the tasks stipulated in article 27 of the Decree.
2. Construction, the Prime Minister of the Government payroll regulations ensure the enforcement of legislation on the handling of administrative violations on the basis of the proposal of the Ministry of Justice and other relevant bodies.
Article 29. The responsibility of the Ministry of finance 1. Perform the tasks stipulated in article 27 of the Decree.
2. Hosted, in cooperation with the Department of Justice guidelines, ensuring funding for the management of the State of law enforcement handling of administrative violations and implementing organizations enforce laws on handling administrative violations in accordance with the law on the State budget.
Article 30. The responsibility of the people's Committee of the levels in the range of functions, duties and powers of the people's Committee, the levels are responsible for:

1. report the work of enforcing laws on handling administrative violations: a) the President of the people's Committee of social work report law enforcement handling of administrative violations in the field of management of the domain to the local people's Committee at district level before April 5, for periodic reports 6 months; before October for annual reports;
Chief Justice, help people's Committee Chairman at district level to perform report law enforcement situation about handled the local administration violations;
b) the heads of the specialized agencies in the provincial people's Committee and the agencies are organized by industry vertical closed province, central cities, district-level people's committees to report law enforcement work on handling administrative violations in the field in the scope of his management of the Justice Department before April 10 for report report 6 months; before October 10th for yearly reports, to the Justice Department, General People's Committee report.
Justice Department staff, help people's Committee Chairman granted the province to perform report law enforcement situation about handled the local administration violations;
c) Chairman provincial people's Committee do report the work of enforcing laws on handling administrative violations in the field in the scope of local management and sent before the Ministry of Justice on 20 April for periodic reports 6 months; before 20 October for annual reports;
d) people's Committee Chairman granted in the scope of his authority to report the content of the provisions in paragraph 2 of article 25 of this Decree.
Chairman of the provincial people's Committee reported the contents defined in Points a, b, c, g and h of article 25 paragraph 3 of this Decree.
2. the people's committees of all levels in the process of enforcement of law handling administrative violations, if the regulations on handling administrative violations are not feasible, not consistent with the practices or overlapping, inconsistent, then the petitioning the Agency chaired drafting or the Ministry of Justice to study the handling.
3. Perform the statistical tasks within the scope of local management.
4. Perform common tasks, training, professional training apply laws on handling administrative violations in the scope of local management.
5. establish interdisciplinary inspection group to perform interdisciplinary examination of law enforcement situation of handling administrative violations in cases stipulated in points b, c and d of Paragraph 2 of article 21 of this Decree.
6. inspection organization according to the recommendations of the Justice Department or when reflected, the recommendations of individual, organization, press on the application of the law on the handling of administrative violations have serious effects to the rights, legitimate interests of individuals, the local organization in which case the provisions of article 22 of the Decree.
7. Directs the construction of infrastructure, the whole event organization, deployed resources to implement the enforcement of laws on handling administrative violations as stipulated in paragraph 2 article 4 of resolution No. 24/2012/QH13 of Congress about the enforcement of law handling administrative violations.
8. provincial people's Committee has the responsibility to build a database of handling administrative violations in the local scope; directing departments and agencies provide information to serve the construction of database on the handling of administrative violations.
Justice Department helps provincial people's Committee building a database about the handling of administrative violations and integrated into the national data base about the handling of administrative violations in the Ministry of Justice.
Chapter III article 31 ENFORCEMENT TERMS. Funding law enforcement organization handling administrative violations 1. Funding to serve state management of law enforcement handling of administrative violations and organized deployment of law enforcement handling of administrative violations by the State budget guarantees and are arranged in the estimation of the State budget Agency, relevant units under the provisions of the law on the State budget.
2. the central bodies, agencies, local units of estimating funding law enforcement organization handling administrative violations at the same time build the annual budget estimates, sending financial institutions the same level the General authority to review the decision.
Article 32. Samples of minutes and decision model used in sanctioning administrative violations issued this Decree attached annex on sample documents and templates for use in the decision-making process of sanctioning administrative violations.
Based on the model, the model decision attached to this Decree, the Ministers, heads of ministerial-level agencies, provincial people's Committee may enact the templates thereon, decided to use in the industry, the field, and the regulations on the management and use of the sample documents the decision in sanctioning administrative violations. In case of need, to meet the requirements of the management of State, Ministers, heads of ministerial agencies could enact the templates thereon, the decision and the other necessary form after unification with the Minister of Justice.
Article 33. Effect 1. The Decree has effect from the day of 19, 2013.
2. This Decree replaces Decree No. 128/2008/ND-CP on December 16, 2008 detailing the implementation of a number of articles of the Ordinance on handling administrative violations in 2002 and Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008; Decree No. 124/2005/ND-CP dated 6 October 2005 regulation on receipts and fine management, use of money, filed administrative violations.
3. The provisions on the funding for the Agency, the organization handling administrative violations from the source currency sanctioning administrative violations in item 7 Article 32 of Decree 48/2010/ND-CP of December 21, 2012 of the Government sanctioning administrative violations in the maritime sector; Paragraph 3 to article 52 of the Decree 34/2010/ND-CP replaces Decree 152/2005/ND-CP; Paragraph 3 to article 47 of Decree 117/2009/ND-CP on December 31, 2009 of the Government on the handling of misconduct in the field of environmental protection; Item 2 article 11 of Decree 72/2010/ND-CP on 08 July 2010 regulation on preventing and fighting crime and violate other laws on the environment; Item 2 Article 70 of Decree 23/2009/ND-CP dated 27 February 2009 by the Government on sanctioning administrative violations in construction activities; real estate business; extraction, manufacture and trading of building materials; manage the technical infrastructure works; development and management of the Department; Paragraph 1 to article 36 of Decree 73/2010/ND-CP dated 12 July 2010 regulations sanctioning administrative violations in the field of security and order, social security; Article 30 paragraph 1 of Decree 68/2010/ND-CP dated 15 June 2010 of the Government regulation on sanction breaking the law in the field of electric power expired from date of Decree to this effect.
Article 34. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and other agencies responsible for the implementation of this Decree.