Circular 27/2001/tt-Bct: Prescribing The Order And Procedures Of Investigations And Sanctions In The Field Of Electric Power

Original Language Title: Thông tư 27/2001/TT-BCT: Quy định trình tự, thủ tục điều tra và xử phạt vi phạm trong lĩnh vực điện lực

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Pursuant to Decree No. 189/2007/ND-CP on December 27, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade;

Pursuant to the law on electricity of 3 December 2004;

Pursuant to Decree No. 68/2009/ND-CP dated 15 June 2010 of the Government regulation on sanction breaking the law in the field of electric power;

Minister of industry and trade regulation sequence, procedure for investigating and sanctioning violations in the field of electric power as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular regulates the order and procedures of investigations and sanctions in the field of electric power under the authority of the Director General to regulate the electricity and Director of environmental and safety engineering industry (hereinafter referred to as the competent sanctions) under the provisions of Decree No. 68/2009/ND-CP dated 15 June 2010 of the Government the sanctions violate the law in the field of electric power (here written as Decree No. 68/2009/ND-CP).

Article 2. The object that applies to this circular applies to the following subjects: 1. electricity regulatory Bureau.

2. The Bureau of safety and environmental engineering industry.

3. organizations or individuals being investigated, sanctions violation.

4. organizations and individuals related to the investigation, sanction violations.

Article 3. The responsibility to provide information 1. Organizations and individuals related to the investigation, sanction violations are responsible for cooperation, providing information, necessary documents, related to the breach at the request of the person who has the authority to sanction.

2. in case of not providing the information, the Organization, the individual concerned has the responsibility to inform, in writing and stating the reason. The case refused to provide the information without good reason shall be processed under the provisions of the law.

Chapter II RECEIVING and ACCEPTING the VIOLATION of article 4. Sources of information about the breach 1. From the report, information written by the individual organizations.

2. Check the electrical power by the Member or the competent person specified in article 18, article 19 and article 22 of Decree 68/2010/ND-CP moved to.

3. While conducting test power operation.

4. Do the State management agency or agency conducting the proceedings moved to.

Article 5. Reception service breach 1. When receiving information about the violation from the sources specified in article 4 of this circular, the electricity regulatory Bureau, the Bureau of safety and environmental engineering industry is responsible for the reception of service violation to manage, track.

2. With respect to cases receiving the incident report source that according to report presented directly then receiving officer must guide written report according to the content of the provisions in paragraph 3 of this article. If the report does not know the word, the reception staff have a responsibility to invite a person with the capacity for civil acts full witness, record the content of the report, then reread the report and ask them to sign it or just into writing reports.

3. the content of the report include: a) the day, month and year of report;

b) name, address, organization, individual reports;

c) name, address, organization, individuals perform acts offending signs;

d) description of the offending signs behavior;

DD) time, the signs of behavior occured in violation;

e) reasons to know signs of violation behavior.

Sample reports are specified in annex 1 attached to this circular.

Article 6. The breach 1. The violation was accepting when there are enough of the following conditions: a) sanctioning authority;

b) Longer time limits, unless sanctions were passed effective sanctions but have to apply remedial measures;

c) behavior signs of violation;

d) for service from the reception reports, information in writing as specified in clause 1 4 of this circular Thing, in addition to the conditions specified in point a, point b and c of this Paragraph must meet more conditions: report, information in writing must be signed or points of report , to provide information; the representative's signature, stamp of the organisation report, to provide information.

2. within five (5) working days from the date of receiving the incident violated the electricity regulatory Bureau, the Bureau of safety and environmental engineering industry is responsible for notification in writing about the breach for the Organization, the individual reports, providing information, no case accepting it must clearly state the reason.

Article 7. The responsibility of the officials and accepting, investigating the incident breached 1. Accepting the service profile and set up the offense.

2. Investigate the incident according to the content of the decision to investigate the violation.

3. Keep a secret about the offense.

4. Preservation of documentary evidence has been provided.

5. Refuse to perform the investigations in the case have the rights, interests, obligations related to the service the violation or is a father, mother, wife, husband, son, brother, siblings of people who perform acts offending signs.

6. Be responsible before the law on the implementation of the tasks in the process of accepting, investigating the breach.

Article 8. Transfer of service violation 1. With regard to the incident violated the law in the field of electric power jurisdiction not sanction, sanction authority is responsible for the transfer to the competent authorities.

2. for the violation was the decision to sanction but then detected violations of the signs violated the criminal law, the authorities have the responsibility to cancel the sanction decided to sanction to transfer the case to the body conducting the proceedings. The profile service the violation must be moved to the body conducting the proceedings has the authority within a period of three (3) working days from the date of the decision to cancel the sanction.

Chapter III the order and PROCEDURE of INVESTIGATING the VIOLATION of article 9. The decision to investigate the violation 1. The case found the need to conduct the verification, collecting evidence, competent person has the right to sanction the decision to investigate the violation, within three (3) working days from the date of the violation.

2. The content of the decision to investigate the violation, including: a) the day, month, year of decision;

b) to base the investigation;

c) the Agency's name, address, organization or individuals being investigated;

d) Who is responsible for the investigation;

DD) scope of investigation;

e) time limit for investigation.

The template decided investigate the breach are prescribed in Appendix 2 attached to this circular.

Article 10. Investigate the breach 1. Inquiry service violations are made by one or more of the following measures: a) collecting evidence, exhibits, documents, media related to acts offending signs;

b) requesting organizations, individuals perform acts offending signs explanation;

c) requires that the institutions and individuals concerned to provide information and documents relating to the infringement;

d) expert opinions.

2. The measure provided for in point b, point c and a d clause 1 this is done through the send text comments or direct exchange. Direct exchange of case officers, accepting, investigating the incident breached be responsible: a) the present recommendation;

b) record work. Minutes of work to write clear, specific content work, lists of documents, evidence by the individual organizations provide (if available) and signed by the person to be consulted. In case the minutes are more sheets, who was taken to the same comments signed on each record sheet. Cases of people being consulted refused to sign the minutes then the officer accepting, investigating the incident violated must specify the reason on the minutes.

Article 11. Referendum-inspection 1. In the process of investigating the incident violated the sanction authority, have the right to request the referendum examiner evidence, exhibits, documents, media related to acts offending signs when necessary or as proposed by organizations, individuals being investigated.

2. Decide the referendum include assessment of the following: a) the day, month, year of decision;

b) them, the name of the required expertise;

c) the individual's name, address, organization assessment;

d) object needs assessment (summary of the incident are relevant to the subject needs assessment, the origin and characteristics of evaluation objects);

DD) content requirements and the need to conclude the assessment;

e) the time limit for requesting examination concluded.

3. Who has the authority to sanction has the right to require additional assessment in case new problems arise in relation to the previous assessment conclusions, content inspection conclusions unclear, full or according to the recommendations of the Organization, the individual being investigated.

4. Authority sanctioned has the right to request the judge again in the event of a conflict between the evaluation conclusions about the same problem, doubts about the results of inspections or at the suggestion of the Organization, the individual being investigated.

5. organizations and individuals soliciting proposals assessment be subject to inspection.

Article 12. The time limit for investigating the incident breached 1. The time limit for investigating the incident violated the maximum is thirty (30) days from the date of signing of the investigation decision.

2. for those incidents found to need more time to verify, collect evidence, the authority sanctioned has the right to extend the investigation, time not being too fifteen (15) working days from the date of expiry of the investigation.

Article 13. The report investigated the incident breached 1. Officers accepting, investigating the incident violated the responsible authority sanctioned the investigation reports and related documents within a period of three (3) working days from the date of the end of the investigation.

2. The content of the report of the investigation include: a) the day, month, year, place the investigation;

b) legal base to investigate;

c) the name, address of the Organization, the individual being investigated;

d) Who conducted the investigation;

DD) the contents of the investigation:-specify the violations, causes, nature and extent of the violation;

-Stated the Organization's responsibility to specific individuals make violations;

-Specify the provisions of the law as a basis to determine violations.

e) petition forms and severity of sanctions violation.

3. Who has the authority to sanction is responsible for research, considering the content of the reports and relevant documents to the investigation conclusions or decisions to additional investigation.


Article 14. Additional investigation 1. Case should verify, clarify some more content was investigated or have more evidence can alter the content of the investigation, the competent person has the right to sanction the decision of additional investigation. Additional investigation period not exceeding fifteen (15) working days from the date of the decision of additional investigation.

2. Officers accepting, investigating the incident violated the responsible authority sanctioning the additional investigation report within three (3) working days from the date of expiry of the additional investigation. The content of the additional investigation report is done according to the provisions in clause 2 article 13 this circular.

Article 15. The draft conclusion of the investigation the incident breached 1. After the authority sanction through the report of the investigation, additional investigation report (if available), accepting, investigate the breach responsible for the draft conclusion investigate the breach within a period of three (3) working days from the date the report is adopted.

2. the content of the draft conclusions of the investigation are: a) the day, month and year, the conclusions of the investigation;

b) legal bases for conclusions of the investigation;

c) the name, address of the organization or individuals being investigated;

d) conclusions about the content was investigating: violations, causes, nature and extent of the violation; the liability of the Organization, individuals make violations; the rule of law as a basis to determine the violation;

DD) form processing.

Article 16. The conclusion of the investigation the incident breached 1. Authorized person responsible for signing the sanction issued conclusion investigate the breach within a period of three (3) working days from the date of accepting the officer investigating the incident, the draft concludes the investigation.

2. conclusion of the investigation the breach were sent to organizations or individuals being investigated within three (3) working days from the date of signing.

Article 17. Temporary suspension of the investigation service breach 1. Who has the authority to sanction is responsible for the decision to temporarily suspend the investigation of the violation in the following cases: a) Has featured the expertise but no results;

b) Who perform acts offending signs lost the capacity for civil acts.

2. The decision to temporarily suspend the investigation must specify the reasons and duration of temporary suspension.

3. Where did the examiner referendum but yet have the results of the assessment as defined in art. 1 of this article, authorized sanctions are responsible for the decision to temporarily suspend the investigation for at least five (5) working days before expiry.

4. When the base temporarily suspended the investigation no longer expiry or suspension of the investigation, the competent sanctions are responsible for the decision to cancel the decision to temporarily suspend the investigation and restoration of the investigation service the violation if longer time limits sanctions violation.

5. The decision to temporarily suspend the investigation, decided to cancel the decision to temporarily suspend the investigation and restoration of the investigation service the violation should be sent to organizations or individuals being investigated within three (3) working days from the date of signing.

Article 18. Suspension of the offending incident investigation 1. Who has the authority to sanction is responsible for the decision to suspend the investigation of the incident in the following cases: a) expiry investigations which do not identify the violation;

b) personally perform acts offending signs were dead or held signs acts violating ended operations in accordance with the law;

c) Off time sanctions violation.

2. The decision to suspend the investigation service the violation must specify the reason for the suspension and added to the Organization, the individual being investigated within three (3) working days from the date of signing.

Chapter IV the order and PROCEDURE of SANCTION VIOLATION of article 19. Suspended violation and created thereon violates the law When there are sufficient grounds for concluding there is violation, the person has the authority to sanction the decision to suspend the violation if the behavior that is still being made and establish a violation of the law as defined in paragraph 2 paragraph 3, paragraph 4, Article 23 and annex 1 of Decree No. 68/2009/ND-CP.

Article 20. The decision to sanction violation of 1. Authorized person responsible for sanctions decision violated the sanction prescribed in clause 3, paragraph 4 and paragraph 6 article 24 of Decree 68/2010/ND-CP.

2. The time limit for a decision to sanction prescribed in clause 1 article 24 of Decree 68/2010/ND-CP.

Article 21. Executive decision to sanction 1. Individual organization sanctioned the violation must accept the punishment decision issued within ten (10) working days from the date of receiving the decision to sanction.

2. the time limits specified in paragraph 1 of this article that the Organization, individuals sentenced to involuntary violation of executive decision, the sanctions were coercive enforcement.

Article 22. Coercive enforcement of the decision to sanction violation of 1. Coercive procedure to deduct a portion of salary or income to deduct money from your account at the Bank, levy property has the value corresponding to the amount of the fine to auction and the procedure of implementation of the coercive measures to confiscate exhibits, the means to be used to violate , forcing restore original state has been changed due to violations caused or forced dismantling unauthorised building works are carried out according to the provisions of Decree No. 37/2005/ND-CP dated 18 March 2005 of the Government regulating the procedure of applying coercive measures to enforce the decision sanctioning administrative violations.

2. The procedure of coercive power supply stop for the Organization, personal use are as follows: a) coercive decisions content stop electricity supply include:-date, month, year of decision;

-Decision-making base;

-Full name, position, work unit of the decision;

-Full name, place of residence of the individual or the name, headquarters of the organization stopped electricity supply;

-Stop time power supply;

-Location and scope stop electricity supply;

-The assigned units performed stop electricity supply;

-Signature of the decision, the Agency's decision.

b) coercive decisions are submitted to the Organization, the individual was stopped, power supply unit delivered made to stop the slow power supply for three (3) working days before proceeding to stop electricity supply;

c) unit was delivered made to stop providing electricity are responsible for stopping electricity supply for individual organizations coerced times recorded in coercive decisions and does not take responsibility for damage caused by stopping the power supply cause, notification in writing to the coercive decisions;

d) case before conducting coercive stop electricity supply, individual organizations coerced voluntarily enforced sanctions decision, the coercive decisions are responsible for setting the minutes of recognition and enforcement voluntary decision to stop applying coercive measures, at the same time notify the assigned units performed stop power supply to stop the implementation of the suspended power levels.

DD) Organization, after the individual has finished enforcement coerced decided to sanction or coercive, who timed out coercive decisions are responsible to request in writing to the assigned units performed stop power supply to provide power back to the individual organizations coerced. The unit was delivered made to stop electricity supply is responsible for making the request, the notification in writing to the decision.

Chapter V IMPLEMENTATION Article 23. The profile service breach 1. Service records the violation involves: a) report, the information written by the individual or organization decided to move the offense;

b) report on the inspection, report on offense or custody proceedings exhibits, the means used to violating (if available);

c explanation of the text) the Organization, individuals being investigated (if available);

d) concluded the investigation;

DD) The decision of the authority sanction in the course of the investigation, violating sanctions;

e) related documents (if any).

2. breach incident records must be created immediately after receiving the incident and improve after the end of the investigation, violating sanctions; be stored in accordance with the law on archives.

Article 24. Appeal the decision in the process of investigating, penalizing The infringement complaint decisions in the process of investigating, sanctioning of violation sanction authority is made according to the provisions of the law on complaints and denunciation.

Article 25. Effect 1. This circular effect since January 3, 2011.

2. In the process of implementation, if any problems, the Organization, the individual concerned has the responsibility to reflect on the Industry to supplement, modify accordingly./.