Directive on the Organization of the implementing Ordinance enforcement of handling administrative violations in 2002 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ On July 2, 2002, the Standing Committee of the National Assembly adopted the Ordinance on handling administrative violations. This Ordinance replaced the Ordinance on handling administrative violations in 1995 and started effective from October 1, 2002. This is the legal text regulating the basic issues about the handling of administrative violations in order to meet the requirements of prevention and struggle against the present administrative violations in our country. To timely deployment of organization enforce ordinances handling administrative violations in 2002 (hereinafter the "Ordinance on handling administrative violations) effectively, create favorable conditions for the provisions of the Ordinance to promote the actual effect in social life, the Prime Directive : 1. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities, within the scope of his authority, the Mission has the responsibility to coordinate closely with the Central Committee of the Vietnam Fatherland Front, the Vietnam Fatherland Front and the provincial member organizations of the extensive advocacy organization in people, officials and public servants about the Ordinance handling administrative violations. The advocacy, dissemination of new Ordinances require widely in the country, to all subjects, all levels of society; advocacy work to ensure the full, correct and consistent in terms of content so people understand the true spirit of the provisions of the Ordinance; need to focus on the content directly related to the scope of management of the ministries, the characteristics of the local units themselves to contribute to enhancing the consciousness of the people in law enforcement, public officials, mobilized the power of the masses of the people in the room and the struggle against administrative violations. From the 3rd quarter IV in 2002, ministries, ministerial agencies, government agencies, the people's Committee to build and organize advocacy plan, popular Ordinances handling administrative violations in agencies, local units and determine this is the task of the focus of advocacy work , popular, legal education in the last months of 2002 and all of 2003.

The Council coordinated the work of popular legal education by the Government Coordinating Council and the work of popular legal education to the provinces, the city of centrally hosted, unified work directing and guiding the propaganda about the Ordinance on handling administrative violations; have a specific plan on the Organization of advocacy, dissemination of the content of this Ordinance at all local branches in the country.

The Ministry of culture and information, Vietnam television station, radio voice of Vietnam and the radio, television, local press agencies in Central and local agencies and the media, the other mass media are responsible for the widespread propaganda focused on the purpose and content of the Ordinance on handling administrative violations when the Ordinance is in effect at the same time planning to regularly disseminate laws on handling administrative violations, contributing to the regulation of the Ordinance on handling administrative violations to promote efficiency in social life.

The Ministry of Justice is responsible for drafting the document, the popular propaganda about Ordinance on handling administrative violations, ensure the full, uniform content; Plan content popular Ordinance handling administrative violations to legal institutions in the ministries in the Central Government and the provincial Department of Justice, the central cities.

2. The ministries have allocated forces agencies competent to handle the administrative violation according to the provisions of the Ordinance on handling administrative violations, the people's Committee to urgently proceed to rearrange the whole facts about the Organization, to ensure the implementation of the authority handling administrative violations was delivered when the Ordinance is in effect in order to ensure for the fight against administrative violations are highly effective.

The ministries have authority, the force was given the authority to handle administrative violations should promptly plan to organize training on the content of the Ordinance for staff, public authorities treat administrative violations and those concerned, which should note the position has the authority handling administrative violations, the new additional rules in the Ordinance. The intensive training contents need specific, practical, alignment of the provisions of the Ordinance and attached to the scope of the governance of the ministries themselves, combining the disassembly instructions and problems arising in the process of enforcing the Ordinance on handling administrative violations in 1995.

The training must be completed in the fourth quarter of 2002. Funding for training by the ministries from the balanced budget to be granted annually for the regular activities of the ministries.

3. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the levels are responsible for the timely processing, the proper law of the administrative violations that occur in the field, the geographical scope of its management; periodic summary, summarizing, evaluating the situation of administrative violations and report the Prime Minister, heads the management level on the results of handling administrative violations; strengthen inspection, supervision officers, servants jurisdiction handling administrative violations in its management rights in the implementation of the public service; resolutely serious, timely processing authority handling administrative violations violating the law as prescribed in article 121 Ordinance on handling administrative violations, each of the above steps to create strict discipline in the handling of administrative violations. Prohibited use of proceeds from sanctioning administrative violations or from selling exhibits, seized vehicles to extract of reward.

4. The ministries, ministerial agencies, government agencies, within the scope of the duty of their powers to urgently check, modify, Supplement, issued under the authority or the Government, the Prime Minister issued legal documents detailing Enforcement Ordinance handling administrative violations in each of the State management sector and mode apply the other administrative processing measures, ensuring uniformity, synchronization of the system of law handling administrative violations. Namely: a) during the period from now to the end of December 2002, the ministries here to complete the drafting process of the review, the Government issued the decree in detail the implementation of some of the content of the Ordinance on handling administrative violations in 2002: Ministry of Justice, in collaboration with the Ministry of public security Ministry of labor, invalids and Social Affairs and other related ministries drafted Decree detailing implementation of some articles of the Ordinance on handling administrative violations;

-Ministry of public security, in coordination with the Foreign Ministry, Justice Ministry and other related ministries drafted the decree regulating the management of foreigners violating the law in the procedure time Vietnam deported; The Decree of the Government issued provisional regulations to keep people under administrative procedures; The Decree of the Government regulations on the procedure of application of administrative coercive measures; the decree amending and supplementing Decree No. 19/CP dated 6 April 1996 the Government enacted the education regulations in communes, wards and towns for those who violate the law, Decree No. 31/CP dated April 14, 1997, the Government issued a regulation on administrative probation Decree 31/CP, on 14 April 1997, the Government promulgated the regulations on the basis of education, Decree No. 33/CP dated April 14, 1997, the Government promulgated the regulations of the school brought;


-Ministry of finance, in cooperation with the Ministry of Justice, the Ministry of planning and investment and other related ministries drafted the Decree of the Government regulations on the management of receipts and forfeit money fine of administrative violations;

-Ministry of labour, invalids and Social Affairs, in collaboration with the Ministry of Justice, Ministry of public security and other relevant ministries drafted the decree amending and supplementing Decree No. 20/CP on April 13, 1996, the Government issued a regulation on the basis of healing.

b) during the period from now to the end of 2003, I spot the ministries, ministerial agencies, government agencies have a responsibility to lead, in cooperation with the Ministry of Justice and the ministries concerned organized research modifying, supplementing the current Government's Decree regulations sanctioning administrative violations in the field of governance in the scope of responsibility Ministries themselves consistent with the provisions of the Ordinance on handling administrative violations to the Government review, issued.

5. the people's Committee of Ho Chi Minh City hosted, in cooperation with the Ministry of Justice and other related ministries to urgently drafted the Decree of the Government regulation on sanctioning administrative violations in the field of safety, order the municipality to process the Government review, issued.

6. The ministries have bodies, competent force handling of administrative violations, the people's Committee to steer the Agency, the competent forces handling administrative violations in ministries, local focus to urgently resolve the outstanding administrative violations , create favorable conditions for the implementation of the provisions of the Ordinance on handling administrative violations.

Since October 1, 2002, the provisions of the Ordinance on handling administrative violations must be strictly enforced. The legal provisions on the handling of administrative violations were issued before the Ordinance on handling administrative violations in 2002 in force which are not contrary to the provisions of this Ordinance shall continue to be enforced until the new text modified, supplemented or replaced.

7. The Minister of Justice responsible urge, checked and in coordination with the ministries concerned in the amendments and supplements to the current Government's Decree regulations sanctioning administrative violations in the field of governance, the Decree of the Government issued regulation on measures of handling other administrative and legal construction the new law on the handling of administrative violations; hosted, in collaboration with the Secretary, the Chairman of the Government Office the urge, general inspection and reporting the prime of your results, edits, additions, new construction of the legal text in order to enforce the Ordinance on handling administrative violations.

The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central is responsible for organizing and directing the implementation of this directive and three months once the Prime report indicator results.