Chapter I
GENERAL PROVISIONS
Article 1.- Scope and objects of regulation
This Decree provides for the order and procedures for application of coercive measures for execution of administrative violation-sanctioning decisions, or decisions on application of measures to redress consequences caused by administrative violations in cases of non-sanction (called administrative coercion for short) against individuals or organizations that are sanctioned for administrative violations but fail to voluntarily execute the above-said decisions after the expiration of the voluntary execution duration or the expiration of the execution postponement duration.
Article 2.- Administratively coercive measures
Administratively coercive measures shall include:
1. Salary or income deduction; bank-deposit deduction;
2. Distrainment of property with a value equal to fine amount for auction;
3. Other coercive measures for confiscation of material evidences and/or means used for commission of administrative violations; forced restoration of the original state altered due to administrative violations or forced dismantlement of illegally constructed works; forced implementation of measures to overcome living-environment pollution or epidemics spread; forced taking out of the Vietnamese territory of articles which cause harms to human health, domestic animals and crops, baneful cultural products.
Article 3.- Sources of deducted money and distrained property of organizations subject to the application of coercive measures
1. For organizations being state agencies or armed force units which are subject to the administratively coercive measure of money deduction, property distrainment and payment of coercion expenses, deductions shall be made from state budget allocations to such agencies or units.
2. For state-run non-business units with revenues, armed force units allowed to conduct revenue-generating activities under law provisions, which are subject to money deduction, property distrainment and payment of coercion expenses, such amounts shall be taken from sources of revenue and property brought about by those activities.
3. For political organizations, socio-political organizations, the money deduction, property distrainment and payment of coercion expenses shall be made from the money and property of such organizations, excluding properties which, as provided for by law, must not be used in order to fulfill the civil liabilities.
4. For social organizations, socio-professional organizations, social funds and charity funds, the money deduction, property distrainment, payment of coercion expenses shall be made from the money and property of such organizations or funds.
5. For enterprises (state enterprises, joint-stock companies, limited liability companies, joint-venture companies, companies with 100% foreign capital, private enterprises, cooperatives), the money deduction, property distrainment, payment of coercion expenses shall be made from the money, property or revenues in cash, or in kind of such enterprises.
Article 4.- Competence to issue administrative-coercion decisions
The following persons shall have competence to issue decisions to apply one of the administratively coercive measures prescribed in Article 2 of this Decree and have to organize the coercive execution of the sanctioning decisions of their own and of their subordinates:
1. Presidents of commune-, district- and provincial-level People’s Committees;
2. Chiefs of district-level police offices, directors of the provincial-level Police Departments; director of the Police Department for Administrative Management over Social Order, director of the Traffic Police Department, director of the Fire-Fighting Police Department, director of the Police Department for Investigation of Crimes related to Economic Management Order and Positions, director of the Police Department for Investigation of Social Order-Related Crimes, director of the Police Department for Investigation of Drug-Related Crimes, director of Exit and Entry Management Department under the Ministry of Public Security;
3. Border-guard station commanders, provincial-level border-guard commanders; director of the Coast Guard Department;
4. Directors of the provincial-level Customs Departments, director of the Department for Investigation against Smuggling under the General Department of Customs;
5. Heads of the Ranger Sub-Departments, director of the Ranger Department;
6. Heads of the Tax Sub-Departments, directors of the provincial/municipal Tax Departments;
7. Heads of the Market Management Sub-Departments, director of the Market Management Department;
8. Specialized chief inspectors of the provincial/municipal Services, specialized chief inspectors of the ministries, ministerial-level agencies or Government-attached agencies;
9. Judges assigned to chair court sessions, heads of the provincial-level civil judgment execution bureaus, heads of the judgment execution offices of military zones and equivalent levels.
Article 5.- Principles for deciding on the coercion and organizing the coercive execution of sanctioning decisions of subordinates
The persons defined in Article 4 of this Decree shall have competence to issue decisions on coercion and organize the coercive execution of sanctioning decisions of their subordinates in the following cases:
1. Subordinates are not competent to issue coercion decisions;
2. Subordinates are competent to issue coercion decisions but have not enough forces and/or means to organize the execution of their coercion decisions and request in writing the superiors to issue coercion decisions;
3. The execution of sanctioning decisions involves many localities, organizations, individuals or the coerced individuals are religious dignitaries or prestigious people in the society and the superiors deem it necessary to issue coercion decisons.
Article 6.- Administrative- coercion decisions
1. Administrative coercion shall be effected only when there are administrative-coercion decisions of competent persons defined in Article 4 of this Decree. An administrative-coercion decision shall contain the following details: date of issuance of the decision; grounds for issuance of the decision; full name, position (rank), unit of the decision issuer; full name, residence place, office of the coerced individual or organization; coercive measures; execution time and venue; the agency assigned to take charge of executing the coercion decision; coordinating agencies; signature of the decision issuer, seal of the decision-issuing agency.
2. Coercion decisions must be addressed to the coerced individuals or organizations before the execution thereof. Coercion decisions of subordinate People’s Committees must also be sent to the immediate superior People’s Committees. Where the coercion is effected through measures prescribed in Clauses 2 and 3 of Article 2 of this Decree, the decisions thereon must be sent to the commune-level People’s Committees of the localities where the coercion shall be organized before the execution thereof for coordinated implementation.
Coercion decisions must be addressed to coerced individuals or organizations as well as relevant individuals and organizations 5 days before the actual coercion.
Article 7.- Responsibility to organize the execution of administrative-coercion decisions
1. Persons who have issued administrative- coercion decisions shall have to organize the execution of such decisions.
2. For administrative-coercion decisions of presidents of People’s Committees of different levels, the People’s Committee presidents who have issued coercion decisions shall base on the functions and tasks of the functional agencies of their People’s Committees to assign the agencies taking charge of execution of coercion decisions. Such assignment must be based on the principle that agencies shall be assigned to handle cases and matters falling in the professional domains of such agencies; in cases where a case or matter involves many agencies, the assignment of an agency to take charge of execution of the coercion decision shall be properly decided on a case-by-case basis.
3. Relevant organizations and individuals are obliged to coordinate with the persons competent to issue coercion decisions or agencies assigned to take charge of organizing the coercion in applying measures to execute administrative-coercion decisions.
Article 8.- Ensuring order and safety in the course of coercion
1. The agencies assigned to take charge of execution of coercion decisions shall have to ensure order throughout the course of coercion. Where they deem it necessary to involve the people’s police forces to ensure order and safety in the course of coercion, they must file written requests to the police offices of the same level 5 days before the coercion for arrangement of forces.
2. When requested to participate in ensuring order and safety in the course of coercion, the people’s police forces shall have to arrange forces to prevent in time acts of causing public disorder, resisting officials on duty in the course of executing administrative-coercion decisions.
Article 9.- Statute of limitations for execution of administrative-coercion decisions
1. Administrative-coercion decisions shall be valid within one years counting from the date of their issuance.
2. Where individuals or organizations subject to the application of coercive measures deliberately evade or delay the execution, the execution time limit shall be recalculated from the time the acts of evasion or delay are stopped.
3. For cases of administrative coercion with forced dismantlement of illegally constructed works; forced application of measures to redress the living-environment pollution, epidemics spread; forced destruction of articles causing harms to human health, domestic animals and crops, baneful cultural products, the statute of limitations provided in Clause 1 of this Article shall not apply.
Tìm kiếm
Nghị định 37/2005/NĐ-CP (Bản Word)