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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DEPARTMENT OF TRANSPORT-MINISTRY OF TRANSPORTATION
Number: 37 /2012/TTLT-BGTVT-BCA
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, September 17, 2012
FEDERAL INFORMATION
Instructions to implement some of the provisions of the Digital Protocol 60 /2011/ND-CP July 20, 2011 by the Government
conduct of administrative violations in the field of local water transport.
__________________________________

Base of Protocol 60 /2011/ND-CP July 20, 2011 by the Government of the Government to rule over administrative violations in the field of domestic waterways;
Base of Protocol 51 /2008/NĐ-CP April 22, 2008 the Government regulates the function, mandate, jurisdiction, and organizational structure of the Ministry of Transport;
Base of Protocol 77 /2009/NĐ-CP September 15, 2009 the Government regulates the Ministry of Public Affairs, duties, powers, and organizational structure.
The Minister of Transport, Minister of Public Security issued a guidate of the implementation of some of the provisions of the Digital Protocol. 60 /2011/ND-CP July 20, 2011 by the Government of the Government to rule over administrative violations in the field of domestic waterway traffic (later abbreviated as Protocol No. 1). 60 /2011/NĐ-CP).
Number one. Adjustment range
1. This information guides the implementation of some of the provisions of the Digital Protocol 60 /2011/ND-CP of the way to determine the behavior of administrative violations; the procedure, the punishment form; determine the jurisdiction; the measure of the violation of administrative violations and the pattern of the border, the decision to use the administrative breach of the administrative breach in the field of domestic waterway traffic.
2. The administrative breach in the field of domestic waterways includes regulatory violations at the Chapter II Protocol No. 2. 60 /2011/ND-CP . The ship ' s operator, fishing boat when operating on the domestic waterway has a stipulated violation of Title 7, Article 20, Article 21, Article 22, Article 25, Article 26, Article 32 or the fishing vessel of the prescribed violation at Article 15, Article 23 of the Digital Protocol. 60 /2011/ND-CP It ' s a prescribed violation of the executive order in those things; for other administrative violations, you have the authority to punish the regulation at the United States. 60 /2011/ND-CP The sanctions are imposed on the decrees of administrative violations in the maritime sector, the fisheries for the punishment.
Article 2. Subject applies
1. The person with the authority to punish the prescribed administrative breach at the Digital Decree 60 /2011/NĐ-CP.
2. Organization, individual violation of administrative violations; organization, individuals are involved in the operation of administrative violations in the field of domestic waterways.
Third. How to determine the behavior violation behavior
1. Administrative violation of regulation at the points, paragraph, which in Chapter II of the Digital Protocol 60 /2011/ND-CP is independent of each other.
2. The organization, the individual has one of the prescribed administrative violations at each point, paragraph, article of the Digital Protocol. 60 /2011/ND-CP It ' s a prescribed penalty for every violation of the regulations at the point, paragraph, that.
3. The organization of the organization, the individual who also performs many administrative violations, is punished for each violation.
Article 4. Define the full payload, the machine capacity of the vehicle to apply the administrative violation.
1. For the registered but unregistered means of registration, the registration of the registration but not yet registered to the administrative violation of the domestic waterway traffic, the full payload definition, the engine capacity of the vehicle. as follows:
a) The full payload of the notation vehicle is T (ton) and is calculated according to the formula T = A x K, in which:
-A is the value of the main deck length measurements, measured from the nose to the vehicle of the vehicle, with the width of the deck width in the middle of the nucleus with the beam height measurement, measured from the bottom to the deck in the middle of the vehicle being calculated as a formula A = L x B x D, in which:
+ L (m): The length of the main deck from the nose to the vehicle.
+ B (m): The width of the upper deck in the middle of the vehicle;
+ D (m): The beam height from the bottom to the deck in the middle of the vehicle.
-K: The coefficient corresponding to the value A and applies as follows:
+ The value of A range from 4.55 to 18.76 is K = 0.26;
+ The value of A from above 18.76 to 49.80 is K = 0.29;
+ The value of A from above 49.80 to 387.20 is K = 0.35;
+ The value of A from above 387.20 to 1.119.80 is K = 0.51;
+ The value of A above 1.119.80 is K = 0.57.
b) If the vehicle does not transport goods, passengers are based on the total engine capacity installed on the means to apply the form, the fine level.
2. The case does not determine the full arbitrate under the regulation at Clause 1 This article, who has the authority to sanct the administrative breach recommended that the registration agency determine the full payload of the vehicle to make the decision to decide the breach. All right.
Article 5. Punishment for conduct without or without a prescribed license.
1. The case at the time of inspection, media owners, boats, vehicle drivers do not have prescribed types of papers (Media Registration Certificate, Technical Safety Certificate and Environmental Protection of the vehicle, by, certificate, certificate, report). You have the authority on the subject of unlicensed behavior. In the time of the decision to punish the administrative breach, the person who violated the program was reported to prove that the person with the authority to punish the violation of the executive order decided against the conduct of the trial, not carrying the same type of paper, and the removal of the type. Papers in the file.
2. The case of a non-qualified breach of the offender is a violation of the administrative breach of the unlicensed behavior.
Number 6. Hold your papers to ensure the execution of the administrative penalty.
In the case of only applying the penalty form to the individual, the infringement organization, who has the right to sentence the right to suspend one of the papers, in order: The vehicle registration certificate, Technical Safety Certificate and Environmental Protection. By the way, by the way, it's only professional evidence until the man who is sentenced to the execution is determined to be punished.
Article 7. Holding and managing the funeral, the vehicle is suspended.
1. The burial of the funeral, the means used to violate the administrative application in the following cases:
a) To confirm the circumstances of the decision making the decision to execute judgment;
b) To prevent breach of violation;
c) The case is fined, but it is not possible to make the temporary detention of the types of papers under Article 6 of this Information.
2. The burial of the funeral, the means used to violate the administrative action must be carried out by procedure, jurisdiction, temporary mourning period, the means of regulation at Article 46 of the Ordinal Administrative Processing of the Executive Order.
3. The management of the funeral, the temporary vehicle must be executed by regulation at the Digital Protocol 70 /2006/ND-CP July 24, 2006 and Decree No. 22 /2009/NĐ-CP 24 February 2009 by the Government amended, adding some of the provisions of the Fifth Protocol. 70 /2006/ND-CP about the management of the funeral, the means of being held in accordance with administrative procedures. In the case of the mourning, the vehicle is held that the agency, the temporary unit, has no necessary conditions for preservation under the regulation of the Protocol. 70 /2006/ND-CP And the digital decree. 22 /2009/NĐ-CP On the above, the person with a temporary authority can deliver a person's body, the means of being held for the organization, the individual whose funeral, the means of being held in custody, and the maintenance of the preservation, if it is found that the management of the preservation does not affect the scope of the breach. All right.
Article 8. The title of using a license, diploma, certificate of expertise, certificate of practice; notice of holding papers and disrights to the use of a license, diploma, certificate of expertise, certificate of practice
1. The case of a person who performs many of the administrative violations that these violations are stripped of the same kind of license, the degree, certificate of expertise, certificate of practice only applies the use of the license to use the license, proof, certificate. It is only professional, the certificate of practice has the longest shelf life of the rule of that violation; if there is not the same type of operation, the degree, certificate of expertise, certificate of practice is applicable to each type of paper.
2. The time of the rule of use of a license, equal, certificate of expertise, certificate of practice being calculated from the time of a permit holder, equal, certificate of expertise, certificate of practice for the remainder of the title period in the decision.
3. The case of holding the paperwork to secure the approval of the trial decision but it is too long to write in the receipt that the violation does not make a decision to sanctiate the administrative violation, for a 3-day period, since the expiration date of the record in receipt. The authorities have the right to notify the Bureau of the Police Department of State Police; the case of the authority to use the license, the degree, the expert certificate, the certificate of practice, inform the authorities and the Bureau of Police. In the announcement it must be noted for the type of paper that holds or stripped of its use, number, symbol of paper, vehicle registration number, name, infringement address, and administrative violation.
Article 9. Determine the jurisdiction of the administrative breach.
The authority to punish the administrative violation in the field of domestic waterway traffic must be executed in accordance with Article 33, Article 34, Article 35, Article 36, Article 37, Article 38 of the Digital Protocol. 60 /2011/ND-CP and by the following rules:
1. For the administrative violations that occur in ports, unpublished domestic marina, operational licensing or port, the domestic marina has been announced, licensed to operate but not part of the management responsibility of the Port Authority of the inland waterway, the station said. It is administered by the Port Board, which is administered by the Department of Homeland Security, which is governed by the jurisdiction of those who have jurisdiction in the jurisdiction of the United States. 60 /2011/ND-CP, Except for the Director of the Port Authority.
2. When the detection of swaps made changes to texture, feature, non-designed design profiles are approved outside the new base, repair of vehicle recovery, the person with the authority to sanctipate the prescribed administrative breach at the Ng. 60 /2011/ND-CP to be punished for that violation by regulation at paragraph 3 Article 16 of the Digital Protocol 60 /2011/NĐ-CP.
3. On the border or on the same line there are multiple forces on patrol, control, forces that detect the previous violations, the authority to punish the administrative violation of that force.
Article 10. Sanctions on violations of the regulatory violation of mining licenses or documents that approve of sand, gravel, other minerals, or other.
1. License or approval by the specified text at Point 6, Point c 1, Point c 8 and point b Section 9 Article 7 of the Digital Protocol 60 /2011/ND-CP is a license or approval by the text of the Ministry of Natural Resources and the Environment or Provincial People ' s Committee to allow the organization, the individual to exploit sand, gravel, other minerals on the inland waterways.
2. Vehices, equipment seized by regulation at Point 11 Article 7 of the Digital Protocol. 60 /2011/ND-CP is the means, instruments, machines that are used directly to the extraction of sand, gravel, and other minerals. Floating structures such as barges, floating dock, ships, boats, explosives if not used directly to the exploitation of sand, gravel, other minerals are not vehicles, equipment confiscated by regulation at Point 11 Article 7 Article 7 of the Digital Protocol. 60 /2011/NĐ-CP.
Article 11. Violation of the conduct violation of the operation of the vehicle
1. The conduct of carrying a vehicle without a full-weight motor under 1 tonne or having a capacity of under five people to the operation does not guarantee the safety of the prescribed safety of the conduct of the operation without ensuring the safety conditions. regulation of the Provincial Committee of the People's Provincial Committee on the owner of the permanent household registration.
2. The behavior does not guarantee the safety of the prescribed vehicle at Point 2, Point 3 and paragraph 5 Article 13 of the Digital Protocol. 60 /2011/ND-CP being punished if that vehicle does not guarantee one of the following conditions:
a) The body of the vehicle must be sure, unpunctated, not leaking water to the inside; there is at least one light with white light if the vehicle is operating at night; the passenger vehicle must have enough room for the person to balance in the vehicle and may. Enough lifejackets, personal support tools for the number of people allowed to be carried by the means;
b) The machine on the medium must be easy to launch, be sure, secure and operate stable;
c) The dry hull of the cargo transport must ensure a minimum of 100 mm; the dry side of the transport vehicle must guarantee a minimum of 200 mm;
d) The means must be measured to determine the size, capacity, and the paint to mark the safety of the water.
3. The case of a non-engine vehicle has a full-weight engine from 5 tons to 15 tons or has a capacity of over 12 to 30 people, the vehicle with a primary engine capacity from five horsepower to 15 horsepower or capacity from five to 12 people specified at the point. Paragraph 3 and point b 5 Article 13 of the Fifth Protocol 60 /2011/ND-CP It ' s been done, but when it works to leak into the inside, the ship ' s side is punctuated, curved, warped, deformed, the steering system does not guarantee it, as the initial state has been determined by the agency, it ' s being punished for the unwarranable behavior. The safety of the prescribed vehicle.
Article 12. Disorderly conduct of vehicle control, traffic safety.
When the violation of the prescribed violation at points a, b, c paragraph 5 Article 22 of the Digital Protocol 60 /2011/ND-CP, The offender does not recognize his fault, and the executive order must have the witness's opinion.
Article 13. Illegal behavior violation of port, inland marina.
1. violations of regulation in paragraph 2, paragraph 3 Article 24 of the Digital Protocol 60 /2011/ND-CP It applies to the local marina.
2. violations of regulation at Clause 4, paragraph 5 Article 24 of the 60/2011 /NĐ-CP Census applicable to the domestic port owner.
Article 14. Violating violations of the regulations on the activity of the vehicle in the port waters, inland marina.
The behavior stipulated at Point 2 Article 25 of the Digital Protocol 60 /2011/ND-CP It applies to non-motivated vehicles of non-motivated vehicles of 15 to 100 tons or with a capacity of over 30 to 100 people, the vehicle with a total engine capacity of over 15 horsepower to 100 horsepower or carrying capacity over 12. Fifty-five people.
Article 15. Sample size of the border, the decision pattern uses the administrative violation.
The editorial base, the decision template attached to the Digital Protocol 60 /2011/ND-CP, The agency of the person with the trial authority can change the size of the template to apply when the execution of the administrative breach in the field of domestic waterway traffic is favorable but not to change the contents of the compiled pattern, the decision pattern. It's a violation of administrative violations.
Article 16. Performance Performance
It has been in effect since 10 November 2012.
Article 17. Responsibility for execution
The Ministry of Transport, Ministry of Public Security and the People ' s Committee of the Provinces, the Central City of Central City directed the agencies, subordinated units and persons with authority to sanctipate the prescribed administrative breach at the Digital Protocol. 60 /2011/ND-CP This is a private organization.
The process of doing this, organized, personally involved in the need to report the Ministry of Public Security (through the Marine Police Department), the Department of Transportation (via the Vietnam Department of Homeland Security) for a timely direction.

Secretary of Transportation

Minister of the Ministry of Public Security

(signed)

(signed)

The La rose.

General Chen Kuang