CIRCULAR guiding the implementation of Decree No. 120/2013/ND-CP of October 9th, 2013 of government sanctioning administrative violations in the field of Defense, weak muscles _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the base of law handling administrative violations in 2012;
Pursuant to Decree No. 81/2013/ND-CP dated 19 July 2013 the Government detailing some things law enforcement measures and handling of administrative violations;
Pursuant to Decree No. 120/2013/ND-CP of October 9th, 2013 of government regulation on sanctioning administrative violations in the field of Defense, weak muscles;
Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013 of the Government functions, tasks, powers and organizational structure of the Department of Defense;
Pursuant to Decree No. 9/2014/ND-CP dated 27 January 2014, the Government's regulatory functions, tasks, powers and organizational structure of the Government body;
The Chief Inspector's proposal the Ministry of defence, the Minister of Defense, guiding the implementation of Decree No. 120/2013/ND-CP of October 9th, 2013 of government sanctioning administrative violations in the field of Defense, weak muscles.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This circular guiding the implementation of Decree No. 120/2013/ND-CP of October 9th, 2013 of government sanctioning administrative violations in the field of Defense, weak muscles (here written as Decree No. 120/2013/ND-CP).
2. The provisions on sanctioning administrative violations in the field of Defense, weak muscles are not instructions in this circular is made according to the provisions of Law handling administrative violations and documents detailing involved.
Article 2. The object that applies to this circular apply to: 1. State administration authority, the State Agency has the authority entrusted with sanctioning administrative violations in the field of Defense, weak muscles.
2. organizations and individuals have violations of the provisions of the law on sanctioning administrative violations in the field of Defense, weak muscles.
3. Other objects related to sanctioning administrative violations in the field of Defense, weak muscles according to the provisions of this circular.
Article 3. Determining the level of fines in the case 1. The level of specific fines for an administrative violation no aggravation or mitigation is the average of the frame of penalties are prescribed for that behavior. The average of the frame of the fines are determined by the average between the maximum level of fine frame and a minimum of fine frame.
2. for administrative violations there are extenuating circumstances as defined in article 9 of law handling of administrative violations, the penalty level can be reduced to lower than the average of the frame of punishment but not lower than the minimum level of penalty; If there are aggravating as defined in article 10 of law handling of administrative violations, the fine levels can increase on the average of the frame of punishment but not be higher than the maximum level of penalty.
3. for administrative violations just had extenuating circumstances, aggravation, then consider the principle deductible, for an extenuating reduced an aggravation. After the deductible, if no longer in aggravation or mitigation, then determine the level of penalties prescribed in paragraph 1 of this article; the case also extenuating or aggravating circumstances shall determine the level of the fines prescribed in clause 2 of this Thing.
Article 4. Forms used in sanctioning administrative violations form sanctioning administrative violations in the field of Defense, weak muscle made under the provisions of the law on the issuance, management, use form sanctioning administrative violations in the field of administration of the Ministry of defence.
Chapter II INFRINGEMENTS, SANCTIONS, REMEDIAL MEASURES ADMINISTRATIVE VIOLATIONS in the FIELD of DEFENSE, WEAK BODY article 5. "Good reason" to the provisions in clause 1 article 5, paragraph 1 article 6, paragraph 1 article 7, paragraph 1 article 11, paragraph 1 article 12 of Decree 120/2013/ND-CP 1. "Good reason" to the provisions in clause 1 article 5, paragraph 1 article 6, paragraph 1 article 7, paragraph 1 article 11, paragraph 1 article 12 of Decree 120/2013/ND-CP is one of the following reasons: a) Who must perform the job of military service; test or medical examination performed military service; health examination preparatory selection; Executive order called; the command calls the reserve officer training; the call focused training, rehearsal, testing candidates ready, ready to fight (here written as people perform compulsory military service) but being sick or being sick on the road, crash.
b) relative of the person performing compulsory military service consists of father, mother tongue; Dad, mom, Dad, wife or mother-in-law; legal carers; wife or husband; offspring, legal adoption are seriously ill.
c) relative of the person performing compulsory military service consists of father, mother tongue; Dad, mom, Dad, wife or mother-in-law; legal carers; wife or husband; offspring, legitimate sons died but not yet organized funeral.
d) in military service or in the home of relatives who made military service is located in the region are suffering from natural disasters, epidemics, fires, do affect our lives.
DD) Who perform military service does not receive the paper selected call military service; test or medical examination performed military service; health examination preparatory selection; the call to enlist; the command calls the reserve officer training; the call focused training, exercise, motivation, readiness test readiness due to the fault of the person or agency responsible for other people's behavior, or cause difficulties or obstruct the provisions of article 8 of chapter II of this circular.
2. where the provisions in point a, point b of Paragraph 1 of this article must be certified by the Commission or the township-level people's Hospital, medical social stations; cases stipulated in Points c, d paragraph 1 this must be confirmed by the people's Committee of social level; specified in point 1 of this Paragraph must have DD certified by competent State bodies.
Article 6. Deceptive acts "falsify results classified his health" stipulated in art. 2 and art. 6, Article 3 article 11 of Decree 120/2013/ND-CP of deceptive acts "falsify results classified his health" stipulated in art. 2 and art. 6, Article 3 article 11 of Decree 120/2013/ND-CP is one of the acts the following: 1. Use the form or measure changes in health status.
2. Fix the results about the health status of the self in making the test or medical examination.
3. Thanks to someone else to check or change health check.
Article 7. The behavior of "harboring, covering military desertion" specified in point b of paragraph 1 article 8 Decree No. 120/2013/ND-CP of harboring "behavior, covering military desertion" specified in point b of paragraph 1 article 8 Decree số120/2013/ND-CP is one of the following acts: 1. For military desertion in his home or in Agency the Organization, which does not declare to authorities, competent individuals.
2. Troops defected to go away or provide the means, materialism to military personnel deserted the hiding.
3. Do the paperwork to validate behavior for desertion.
Article 8. The behavior "hinder" the provisions in clause 2 article 9, paragraph 2, article 21, paragraph 3 Article 23 of Decree 120/2013/ND-CP 1. The behavior "hinder" the provisions in clause 2 article 9 of Decree 120/2013/ND-CP is the behavior by individuals or organizations make, represented by one of the following behaviors: a) Not notice or notices of papers related to the implementation of responsibility, obligation.

b) words, actions to prevent, threat of physical or spiritual for people responsible for the duty of military service registration, job, military service health check done military service, made the call to enlist.
2. Acts "obstructing" prescribed in clause 2 article 21 of Decree 120/2013/ND-CP is the verbal expression of behavior or actions as impeding, intimidating about the materialism or spiritual to others do not dare to join the self-defense militia force or make the person in charge of the Organization of the , command, operating the self-defense militia force can't perform his duties for the Organization, training, operation of the self-defense militia force.
3. Acts "obstructing" prescribed in paragraph 3 Article 23 of Decree 120/2013/ND-CP is the verbal expression of behavior or actions as impeding, intimidating about the materialism or spiritual for officers, self-defense militia soldiers in performing the task.
Article 9. Violations of the regulations on the management, use, production of military munitions are specified in clause 2 article 8, article 32, article 33 and article 34 of the Decree số120/2013/ND-CP was the costume used in the army according to the regulations of the Government.
Article 10. Determining the value of land use were informally attributed amount as defined in article 29 of Decree 120/2013/ND-CP of value of land use regulations into money for land being stupid as defined in clause 1 and clause 2 Article 29 of Decree 120/2013 issued in an area of land encroachment of land price by the provincial people's Committee the central cities, where that land regulation at the time of setting the minutes of administrative violations.
An area of land encroachment is an area of land is recorded in the minutes of administrative violations. The cases of administrative violations have complaints about the land area data, the complainant has the right to ask the competent examiner referendum for sanction. Inspection by the person sentenced to pay for results assessment consistent with land area statistics recorded in the minutes about administrative violations (inspection results are distortions in land area limits are 0.25%). 11. Apply additional sanctions confiscated exhibits, means of administrative violations specified in Decree No. 120/2013/ND-CP 1. When applying additional sanctions confiscated exhibits, means of administrative violations specified in Decree No. 120/2013/ND-CP who has the authority to sanction established thereon under the provisions of Decree No. 81/2013/ND-CP dated 19 July 2013 the Government detailing some things law enforcement measures and handling of administrative violations (hereinafter written in compact as the Decree số81/2013/ND-CP) of the minutes must specify name, number, type, registration number (if available), condition, quality of material, money, goods and means of administrative violation confiscated and must be signed by the person conducting the seizure, the person sentenced or sanctioned organization representatives and witnesses; the case of the person sanctioned or organization representative sentenced in absentia must have two witnesses. With respect to exhibits, means of administrative violations need to be sealed must be sealed before witnessed by the person sentenced, represented the organization sanctioned or bystanders; the seal must be recorded in the minutes.
2. for exhibits, means of administrative violations are detained, who are competent to sanction detection status exhibits, the media has changed compared to the time of the decision to set up custody documents about these changes; the minutes must be signed by the person who set up the minutes, who is responsible for the custody and the witness.
3. Handle the exhibits, means of administrative violation according to the provisions of article 82 of law handling administrative violations.
Article 12. Apply additional sanctions deprived of the right to use the certificate of eligibility to join the Defense industrial activities defined in paragraph 3 article 19, paragraph 6 article 20 of Decree No. 120/2013/ND-CP and the sanctions prescribed in clause 5 article 20 of Decree 120/2013/ND-CP 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 certificate of eligibility to join the defence industry activity, then apply the time limit for removal using the certificate of eligibility to join the industrial activities of the national the room of the administrative violations had deprived the longest.
2. in case of sanctions for acts done for industrial defense activities when not yet eligible certification joining the defense industry activities specified in Clause 5 article 20 of Decree 120/2013/ND-CP, has the authority to sanction notice, in writing for the superior management bodies subordinated to the Ministry of defence establishments signed copper.
Article 13. Remedial measures are forced to perform military service under the provisions of the law on service in the remedial measures are forced to perform compulsory military service in accordance with the military service Law with regard to the behaviour defined in art. 1 article 8 Decree No. 120/2013/ND-CP is the citizens continue to implement regulations on registration of meaning military service, job, test, health check service in the military, enlisted under the provisions of the law on military service.
Chapter III jurisdiction, PROCEDURE and ENFORCEMENT SANCTIONS DECISION SANCTIONING ADMINISTRATIVE VIOLATIONS in the FIELD of DEFENSE, WEAK MUSCLE article 14. Delineate the authority sanctioning administrative violations in the field of Defense, weak body 1. Cases of administrative violations in the field of Defense, weak muscles in the authority sanction of more people, so does the sanctioning administrative violations by accepting the first made.
2. where the sanction a person perform many administrative violations in the field of Defense, weak muscles, then the authority sanctioning administrative violations are determined according to the following rules: a) If form, the level of fines, the value of exhibits, means of administrative violation confiscated, remedial measures are prescribed for each of the acts are under the jurisdiction of the sanctioning administrative violations, the jurisdiction to sanction remained that person;
b) If form, the level of fines, the value of exhibits, means of administrative violation confiscated, remedial measures are prescribed for one of the acts beyond jurisdiction of the sanctioning of administrative violations, that person must transfer the violations to the competent sanctions;
c) if the acts under the authority sanctioning administrative violations of many people in different fields, then the competent sanctions Committee Chairman in the authority sanctioning the site violated.
Article 15. Sanctioning administrative violations in the field of Defense, weak motors without a sanctioning administrative violations in the field of Defense, weak muscles not established thereon is applicable in the case of sanctions or fines for violations of the rule in paragraph 2 article 4 of Decree 120/2013 issued with fines up to 250,000 Board for individuals and the competent the right decision to sanction sanctions in place.
Article 16. Sanctioning administrative violations in the field of Defense, weak body has set up a 1. Sanctioning administrative violations in the field of Defense, weak body has formed thereon is applicable to administrative violations of individuals, held no administrative violations in the cases specified in article 15 of this circular.

2. The minutes of administrative violations, the authority to establish the minutes of administrative violations in the field of Defense, weak muscles perform as specified in article 58 of law handling administrative violations, article 6 of Decree 81/2013/ND-CP Article 43 and article 49 of Decree 120/2013 issued. 3. Individual cases, the Organization of administrative violations in the field of Defense, weak muscles were the function body check, inspection findings, recorded in the minutes of the test, the inspector or the text of the conclusions is not instituted thereon before the decision sanctioning administrative violations. Who has the authority to sanction a base inspection, Inspector, concluded to decide punishments.
Article 17. Explanation of the Organization, the individual administrative violations in the field of Defense, weak body 1. For organizations, individuals with administrative violations in the field of Defense, weak body to apply additional sanctions deprived of the right to use the certificate of eligibility to join the Defense industrial activities defined in paragraph 3 article 19, paragraph 6 article 20 of Decree số120/2013/ND-CP or apply maximum fine level of penalty framework for behavior that from 15 million đồng or higher for individuals, from 30 million đồng or higher for the Organization, the individual, the Organization had violated the right to the award process directly or in writing with the authority sanctioning administrative violations.
2. Authority responsible for sanctions review comments of individual awards, held in violation before a decision to sanction, unless the individual, the organization does not require explanations within the time limit specified in paragraph 2 and paragraph 3 Article 61 of law handling administrative violations.
3. The time limit for the award procedure, administrative violations in the field of Defense, weak body as defined in paragraph 2 and paragraph 3 Article 61 of law handling administrative violations.
Article 18. Move the profile service administrative violations in the field of defence, the weak signs of crime so criminal responsibility 1. In the process of sanctioning administrative violations in the field of Defense, weak muscles, if it deems the Organization, individuals violating the law have signs of crime, then the person has the authority to sanction immediate transfer of records to the body conducting the criminal proceedings.
2. where the competent people, sanctions have a decision sanctioning administrative violations in the field of Defense, weak muscles, if violations are detected signs that crime and yet time prejudice criminal liability, the person has a decision sanctioning administrative violations in the field of defence weak muscles, is a decision to temporarily suspend enforcement of that decision within 3 days from the date of the decision to temporarily suspend processing records must transfer to the agency conducting the criminal proceedings are competent to handle; the case has finished enforcement sanction decision, the authority has a decision to sanction violations record transfer to the Agency of conducting criminal proceedings to handle.
3. the bodies conducting criminal proceedings already receiving work according to paragraph 1, paragraph 2 of this Article are responsible for reviewing, concluded the incident and report the results in writing addressed to the authority had moved the record within the time limit prescribed by the criminal law; the absence in the criminal prosecution, then within 3 days from the date of the decision not to prosecute in the criminal proceeding, the Agency must pay the record for sanctioning authority moved to profile.
The case agency conduct criminal proceedings has decided to prosecute the case, the authority sanctioning administrative violations in the field of Defense, weak body to cancel the decision sanctioning administrative violations and moving documentary about the enforcement of punishment decisions to conduct criminal proceedings.
4. Moving violation records signs so crime criminal liability must be notified to the individual breach.
Article 19. The decision to sanction and enforcement of punishment decisions 1. The sanction decisions made according to the provisions of article 67, article 68 of law handling administrative violations, article 6 of Decree 81/2013/NĐ-CP dated. 2. The enforcement of punishment decisions made under the provisions of section 2 of chapter III of part two of law handling administrative violations.
3. the authority has sanctioned the decision to sanction is responsible for tracking, test, urging the Executive decided to sanction of the individual, the organization sanctioned and issued decisions in cases of coercive sanction decisions are not made on time.
4. Comply decided to sanction administrative violations in the field of Defense, weak muscles perform as specified in section 3, chapter III, part two of law handling administrative violations and Decree No. 166/2013/ND-CP on November 12, 2013 of government regulations about the coercive enforcement of the decision sanctioning administrative violations.
Article 20. Handle for the slow fine 1. Personally, the organization sanctioned, slow fine compared to the time limit for the implementation of the decision handling administrative violations in the field of Defense, weak muscles, then processed according to the provisions in clause 1 Article 78 of law handling administrative violations.
2. No lags fine during the review, the decision to exempt, lose the rest fines or allow fine many times; the individual administrative violations in the field of Defense, weak muscles are postponed enforcement of the sanctions decision under the provisions of the law.
3. fine on slower Numbers are counted from the next day after the last day of the time limit for submission of the fines, the deadline postponed enforcement of the decision on sanctions on individuals before the adjacent, the organization filed the fines on the State budget, including holidays, holidays according to the prescribed regimes.
Chapter IV article 21 ENFORCEMENT TERMS. Transitional provisions 1. For administrative violations in the field of defence has happened before November 22, 2013 shall apply the provisions of Decree No. 151/2003/ND-CP dated 9 December 2003 the Government's sanctioning of administrative violations in the field of Defense.
2. Cases of administrative violations in the field of Defense occurred before November 22, 2013 that were discovered or are considering, addressed the application of the provisions of Decree No. 120/2013/ND-CP and this circular to handle if beneficial for the individual, the organization violated.
3. for the decision sanctioning administrative violations in the field of Defense, weak muscles that have been released or have been finished before the enforcement of this circular have the effect that the individual, the organization sanctioned administrative offense left the complaint shall apply the provisions of the law have enforceable at the time taken to resolve violations.
Article 22. Effective enforcement of this circular effect since August 25, 2014 and replaces circular số29/2004/TT-BQP on 08 March 2004 of the Minister of national defence about guiding the implementation of a number of articles of Decree No. 151/2003/ND-CP dated 9 December 2003 the Government's sanctioning of administrative violations in the field of Defense.
Article 23. Responsibility 1. Heads of authority sanctioning administrative violations in the field of defence, the body responsible for the Organization, check the sanctioning administrative violations in the field of Defense, weak muscles of the lower levels.
2. Bodies of the authority sanctioning administrative violations in the field of Defense, weak muscles are responsible for fully implementing the rights and obligations of the detection and handling of violations in the field of Defense, weak body stipulated in Decree No. 120/2013/ND-CP and the guidance in this circular.

3. The competent authorities of the State, organizations, individuals when the administrative violations in the field of Defense, weak muscles are responsible for turning the record or notification to the competent authority sanctioning administrative violations in the field of Defense, weak body stipulated in Decree No. 120/2013/ND-CP for review under the rules, handle.
4. in the implementation process if any obstacles, suggest the Agency, organization, unit promptly reflected on the Department of Defense to consider coordinating resolution./.