Chapter III
A NUMBER OF MEASURES TO PREVENT ADMINISTRATIVE VIOLATIONS AND ENSURE THE HANDLING THEREOF
Article 15.- Search of places where material evidences and/or means of administrative violations are concealed
The search of places where material evidences and/or means of administrative violations are concealed under Article 49 of the Ordinance is prescribed as follows:
1. The search of places where material evidences and/or means of administrative violations are concealed shall be carried out only by competent persons in strict accordance with the provisions in Article 49 of the Ordinance;
2. Places where material evidences and/or means of administrative violations are hidden are places where the violators conceal articles, money, commodities, means of administrative violations. If violators conceal material evidences and/or means of administrative violations in their bodies, the measures of body search shall apply under the provisions in Article 47 of the Ordinance.
3. In cases where places of concealing material evidences and/means of administrative violations are the residential places, the competent persons defined in Article 45 of the Ordinance shall conduct the search only after getting the written consents of the presidents of the district-level Peoples Committees of the localities where material evidences and/or means of administrative violations are hidden.
The residential places prescribed in this Article are places used for regular residence of individuals or households with permanent residence books or temporary residence registration; with means registration if the means are places of regular residences of individuals or households;
4. All cases of searching places of concealing material evidences and/or means must be recorded in writing strictly according to a set form.
Article 16.- Procedures for administrative bail
The procedures for administrative bail under Article 50 of the Ordinance is prescribed as follows:
1. The administrative bail shall be decided by district-level Peoples Committee presidents during the time of considering the application of one of the measures of sending into reformatories, education camps or medical establishments. The administrative bail shall be assigned to families or social organizations in localities where the subjects reside for implementation. In cases where the bailed persons are juveniles, the administrative bail shall be given to their fathers, mothers or guardians for implementation;
2. The district-level Peoples Committee presidents shall issue decisions on assignment of administrative bail to families or social organizations in localities where the subjects reside; the decisions must clearly state: dates of issuance of decisions; full names and positions of decision issuers; full names, birth dates and residence places of the persons assigned to bail or the names and addresses of the social organizations assigned to bail; reasons for bail assignment; the bail duration; responsibilities of the bailees, responsibilities of the bailers or bailing organizations and responsibility of the commune-level Peoples Committees of places of residence of the subjects; signature of the persons who decide on bail assignment. Within 5 days after the issuance of the decisions, the bail assigning decisions shall be sent to persons or organizations undertaking to bail, the bailees and the commune-level Peoples Committees of the localities where the bailees reside for implementation organization.
3. The administrative bail time limits shall be decided by the district-level Peoples Committee presidents, but must not exceed 35 days for cases the bailees are subjects to be sent into reformatories or medical establishments, or 50 days for cases the bailees are subjects to be sent to education camps. The administrative bail shall terminate upon the expiry of the time limits inscribed in the bail assignment decisions. In cases where the bail duration has not yet expired but the decisions on application of administrative handling measures are issued, the bail duration shall end at the time the subjects are sent to serve the administrative handling measures at reformatories or sent to education camps or medical establishments.
Article 17.- Responsibilities of organizations and individuals during the administrative bail
1. During the administrative bail, the families and social organizations assigned the administrative bail shall have the responsibilities:
a) To supervise and manage the bailees so that they do not continue their law violations;
b) To ensure the bailees presence at their residence places when there are decisions to send them to reformatories, education camps or medical establishments;
c) To promptly report to the presidents of the commune-level Peoples Committees of the localities where the bail assignees reside so that the commune-level Peoples Committee presidents report to the district-level Peoples Committee presidents on the escape or commission of law-breaking acts of bailees during the bailing duration.
2. During the administrative bail, the bailees shall have the responsibilities:
a) To strictly abide by the law provisions on temporary residence, temporary absence. When leaving communes, wards or townships, to notify the families or social organizations assigned with bail of the destination and the duration of temporary residence therein;
b) To be promptly present at the offices of the commune-level Peoples Committees when so requested by the presidents thereof.
3. During the administrative bail, the presidents of the commune-level Peoples Committees of the localities where the bailees reside shall have the responsibilities:
a) To notify the families or social organizations assigned to bail and the bailees of their respective rights and obligations in the bail duration;
b) To apply measures to support families or social organizations assigned to bail for managing and supervising the bailees at their places of residence;
c) When notified of the bailees escape from their residence places or acts of law violations, the commune-level Peoples Committee presidents must immediately report such to the district-level Peoples Committee presidents who have issued decisions on bail for timely handling measures according to law provisions.
Tìm kiếm
Nghị định 134/2003/NĐ-CP (Bản Word)