Circular 37/2012/ttlt-Bgtvt-Bca: Guide The Implementation Of A Number Of Articles Of Decree No. 60/2010/nd-Cp On July 20, 2012 Of The Government Sanctioning Administrative Violations In The Field Of ...

Original Language Title: Thông tư liên tịch 37/2012/TTLT-BGTVT-BCA: Hướng dẫn thi hành một số điều của Nghị định số 60/2011/NĐ-CP ngày 20 tháng 7 năm 2011 của Chính phủ quy định xử phạt vi phạm hành chính trong lĩnh vực giao ...

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CIRCULAR guiding the implementation of a number of articles of Decree No. 60/2010/ND-CP on July 20, 2012 of the Government sanctioning administrative violations in the field of transport often Interior _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 60/2010/ND-CP on July 20, 2012 of the Government sanctioning administrative violations in the field of inland waterway transport;
Pursuant to Decree No. 51/2008/ND-CP on April 22, 2008 Government's functions, tasks, powers and organizational structure of the Ministry of transportation;
Pursuant to Decree No. 77/2009/ND-CP on September 15th, 2009 by government regulation functions, tasks, powers and organizational structure of the Ministry of public security. The Minister of transport, Minister of public security issued a circular guiding the implementation of a number of articles of Decree No. 60/2010/ND-CP on July 20, 2012 of the Government regulations penalizing vi administrative offences in the area of inland waterway transport (hereinafter written as Decree No. 60/2010/ND-CP).
Article 1. Scope 1. This circular instructions detailing the implementation of a number of articles of Decree No. 60/2010/ND-CP on how to determine administrative violations; procedures, sanctions; determining the right sanction; preventive measures of administrative violations and templates, sample decided to use the sanctioning administrative violations in the field of inland waterway transport.
2. Administrative violations in the field of inland waterway transport including the violations of the provisions of chapter II of Decree 60/2011/ND-CP of ship operators, fishing vessel when operating on inland waterways there are violations of the provisions of article 7, article 20, article 21 , Article 22, article 25, article 26, article 32 or fishing vessel have violations of the provisions of article 15, article 23 of Decree No. 60/2010/ND-CP, the sanctioned administrative offense as defined in the article; with regard to the violation of another administrative authority sanctioned the provisions of Decree No. 60/2010/ND-CP applied forms, the level of sanction specified in the Decree on sanctioning administrative violations in the field of maritime and fisheries to sanction.
Article 2. Application object 1. Authority sanctioning administrative violations specified in Decree No. 60/2011/NĐ-CP dated. 2. The Organization, the individual administrative violations; the Organization, individuals are related to operating sanctioning administrative violations in the field of inland waterway transport.
Article 3. How to determine administrative violations 1. Administrative violations specified in points, account, article in chapter II of Decree No. 60/2010/ND-CP is independent of each other.
2. organizations and individuals who have one of the administrative violations specified in each point, account, articles of Decree No. 60/2010/ND-CP then sanctioned as specified for each violation of the provisions in points, account, that.
3. in case of individual organizations to simultaneously perform multiple administrative infringements sanctioned, then on each violation.
Article 4. Determine the total payload capacity of the media to apply sanctions administrative violations 1. For the media in the land register but not yet registered, register in the media but not yet register has administrative violations in the field of inland waterway transport shall determine the total payload capacity of vehicles as follows: a) the tonnage of the media as T (tons) and is calculated according to the formula T = A x K in which:-the value of A is the number of main deck length, measured from the tip to the driving means edge width measurement multiplied the deck in between the vehicles with height measurement, measure from the bottom to the deck in the middle of the media is calculated according to the formula A = L x B x D, where : + L (m): main deck length measured from the tip to the driving means;
+ B (m): edge width of the deck in the middle of the media;
+ D (m): measuring beam height from the bottom to the deck in the middle of the media.
-K: coefficient corresponds to the value A and apply the following: + the value of A from 4.55 to 18.76 then the coefficient K = 0.26;
+ Value of A from on 18.76 to 49.80, the coefficient K = 0.29;
+ Value of A from on to 49.80 387.20 then the coefficient K = 0.35;
+ Value of A from on to 1,119.80 387.20 then the coefficient K = 0.51;
+ Value of the K coefficient 1,119.80 A on = 0.57.
b) if the means of transportation, no passengers shall be based on the total capacity of the main machine mounted on vehicles to apply form, the level of the fines.
2. No case determine the full payload as defined in paragraph 1 of this article, the authority sanctioning administrative violations suggest the check post authorities determine the full load of the means to make the base a decision sanctioning administrative violations.
Article 5. Sanctions for misconduct or not carrying papers under regulations 1. The case at the time of inspection, vehicle, boat, who drive vehicles without the prescribed documentation (media registration certificate, a certificate of technical safety and environmental protection, by means of certification, ...), the authorized person is on duty up the minutes on undocumented behavior. Within a decision sanctioning administrative violations, the offense produce paperwork to prove they have the authority to sanction the administrative decision infringement sanction of behavior don't carry that papers and to copy, save that papers in the profile.
2. where the infringer did not produce the documents sanctioning administrative violations of undocumented behavior as specified.
Article 6. Custody papers to ensure the enforcement of the decision sanctioning administrative violations in the case just applies fine form for individuals, organizations, competent person sanctioned has the right to detain one of the papers, in the following order: media registration certificate, a certificate of technical safety and environmental protection by means of , by, professional certificates until the complete Executive sanctioned the decision to sanction.
Article 7. Custody and management of exhibits, hold media 1. The custody exhibits, the means used to administrative violations applicable in the following cases: a) to verify the details as a base the decision to sanction;
b) to stop immediately violations;
c) case of fines, but cannot perform the types of custody papers according to article 6 of this circular.
2. The custody exhibits, the means used to administrative violations must be made according to procedures, the authority, the time limit for custody exhibits, the means specified in article 46 of the Ordinance on handling administrative violations.
3. The management of exhibits, hold media must follow the provisions of Decree No. 70/2006/ND-CP on 24 July 2006 and Decree No. 03/2009/ND-CP dated April 2, 2009 the Government's amendments and supplements to some articles of Decree No. 70/2006/ND-CP on the management of exhibits media, detained under administrative procedures. In the case of exhibits, the media hold that the detention unit, the Agency does not have the conditions necessary to preserve under the provisions of Decree No. 70/2006/ND-CP and Decree No. 03/2009/ND-CP stated on the authority the custody can communicate exhibits, hold media for the Organization personally, there are exhibits, hold media management, preservation if it deems the delivery of conservation management that does not affect the guarantee sanctioning administrative violations.
Article 8. Deprived of the right to use the license, by, professional certificates, certificate of practice; Notice the custody papers and deprived of the right to use the license, by, professional certificates, certificate of practice 1. The case of a person who made many administrative violations that the violations are being deprived of the right to use the same type of license, professional certificate, diploma, certificate of practice shall apply only deprived of the right to use by license type, professional certificates, certificate of practice had been deprived of the right to use the longest prescribed for that violation; If not the same license type activities, by, professional certificates, certificate of practice shall apply separately for each type of papers.
2. The time limit for removal use the licence, by, professional certificates, certificate of practice shall be calculated from the time of detention, by license, professional certificates, certificate of practice until the end of time deprived of the right to use noted in the decision.
3. in case the custody papers to ensure the Executive decided to sanction but has too the time limit stated in the minutes that the violation does not make decision on sanctioning administrative violations, then within 3 days from the date of expiration of the custody record in the minutes, the person has the authority to sanction notice, in writing about the waterway police; the case deprived of the right to use the license, by, professional certificates, certificate of practice must then immediately notify authorities that papers and Police Department. In the notice must specify the type of custody papers or be deprived of the right to use, the number of symbols, papers, media registration number, name, address the breach and violation of administrative error.
Article 9. Determining the right sanctioning administrative violations the authority sanctioning administrative violations in the field of inland waterway transport must be made in accordance with the provisions of article 33, article 34, article 35, article 36, article 37, article 38 of Decree No. 60/2010/ND-CP and as specified below: 1. With respect to administrative violations occur in ports Ben, Interior not yet published, licensed or ports, inland marine berth was announced, active license but not responsible for the management of inland waterways port, that port, by Ben Interior management of the authority sanctioning administrative violations in the authority sanction provisions in Decree No. 60/2010/ND-CP except the Director of inland waterway Service Port.

2. When the media discovered the conversion changes the texture, features, uses a non-browsing design profile outside the closed facility repair, new media recovery, the authority sanctioning administrative violations stipulated in Decrees No. 61/2010/ND-CP be sanctioned about that violation prescribed in paragraph 3 article 16 of Decree No. 60/2011/ ND-CP. 3. On the border or on the same line have more force to patrol duty, control, forces that would detect violations before the authority sanctioning administrative violations in the forces.
Article 10. Sanctions for violations of regulations on mining licence or mining approval sand, gravel, minerals 1. License or written approval specified in point c of Paragraph 6, point c, paragraph 1, point c, Paragraph 8 and Paragraph 9, point b article 7 of Decree No. 60/2010/ND-CP of the license or approved in writing by the Ministry of natural resources and the environment or the provincial people's Committee allows organised personal exploits, sand, gravel, minerals on the inland waterways.
2. Vehicles, seized equipment as specified in point b of Paragraph 11 article 7 of Decree No. 60/2010/ND-CP are the means, tools and machinery used directly in the extraction of sand, gravel, minerals. Floating structures such as barges, floating dock, boat, ship, air blast if not used directly in the extraction of sand, gravel, other minerals not vehicles, seized equipment as specified in point b of Paragraph 11 article 7 of Decree No. 60/2010/ND-CP. Article 11. Sanctioning violations of regulations on the operation of the media 1. The behavior bringing the media do not have the full payload engines under 1 ton or have capacity under 5 people to operate do not guarantee safety according to the rules then sanctioned behavior brought media to operate without ensuring secure conditions under the provisions of the provincial people's Committee where media owners registered permanent residence.
2. Acts does not guarantee the safe condition of the means specified in point e clause 2, point e of paragraph 3 and Paragraph 5 article 13 of Decree No. 60/2010/ND-CP sanctioned if the media does not guarantee that one of the following conditions: a) the body of the media must make sure , not be punctured, no leaking water on the inside; at least one white light lamp if the media operation at night; medium cargo must have enough room for the sitting balance on the media and has enough preserver, floating tools for individual students who are allowed to carry on the media;
b mounting on the Machine must means) easy start, sure, safe and stable operation;
c) dry cargo vehicles of the port must ensure a minimum by 100 mm; the side of dryness means cargo must ensure a minimum by 200 mm;
d) means to be measured determines the size, capacity and be safe draft marker paint.
3. in case of non-motorized means full load from 5 tons to 15 tons or have capacity over 12 people 30 people, motor vehicles of main machine power from 5 kW to 15 kW or capacity from 5 to 12 persons specified in point 3 and point b of Paragraph e of Paragraph 5 article 13 of Decree No. 60/2010/ND-CP has implemented Register, but when the operation to leak water into the inside, side of the ship was punctured, bent, deformed, steering system, not sure exactly as original state agency register has been defined, then the sanctioned behavior does not guarantee the safe condition of the prescribed means.
Article 12. Sanctioning the behaviour of the media control disorderly, traffic safety When detected violations of the provisions of points a, b, c paragraph 5 Article 22 of Decree No. 60/2010/ND-CP, that the breach did not recognise his error, then the minutes of administrative violations should have the opinion of witnesses.
Article 13. Sanctioning violations of regulations on port of inland waterway Marina, 1. The violations specified in clause 2, Clause 3 of article 24 of Decree 60/2010/ND-CP applied for Home Interior piers.
2. The violations of the provisions of clause 4, Clause 5 article 24 of Decree No. 60/2010/ND-CP applied for Home Interior ports.
Article 14. Sanctioning violations of regulations on the operation of the media in the port waters, Ben Interior acts specified in point a of Paragraph 2 article 25 of Decree No. 60/2010/ND-CP applied sanctions for media types do not have full load engine on 15 tons to 100 tons or have capacity of over 30 people to 100 people motor vehicles, the total capacity of the main computer on the 15 HP to 100 HP or have capacity over 12 people to 50 people.
Article 15. The sample size, sample decided to use the sanctioning administrative violations the model bases thereon, decision form attached to Decree No. 60/2010/ND-CP, the Agency of the sanctioning authority can change the size of the form to apply when sanctioning administrative violations in the field of inland waterway transport is advantageous but not change content of the sample, sample decided to use the sanctioning administrative violations.
Article 16. Effective enforcement of this circular in force enforced since November 10, 2012.
Article 17. Responsible for enforcement of the Ministry of transport, Ministry of public security and the people's committees of provinces and cities under central direction to the agencies, subdivisions and authority sanctioning administrative violations specified in Decree No. 60/2010/ND-CP implementation of this circular.
The process of implementation of this circular, the Organization, the individual concerned if there are obstacles to report the Ministry of public security (through the waterway police department), the Ministry of transportation (through the Bureau of Vietnam inland waterways) to have timely instructions./.