Chapter III
SANCTIONING COMPETENCE AND PROCEDURES
Section I - SANCTIONING COMPETENCE
Article 17.- Competence to sanction administrative violations of the presidents of the People�s Committees of all levels
1. Presidents of the People’s Committees of communes, wards or district townships have the right to:
a/ Serve warnings;
b/ Impose fines of up to VND 200,000 each;
c/ Confiscate material evidences and/or means involved in administrative violations, which are valued at up to VND 500,000.
2. Presidents of the People’s Committees of rural districts, urban districts, provincial capitals or towns have the right to:
a/ Serve warnings;
b/ Impose fines of up to VND 2,000,000 each;
c/ Confiscate material evidences and/or means involved in administrative violations.
3. Presidents of the People’s Committees of the provinces or centrally-run cities have the right to:
a/ Serve warnings;
b/ Impose fines of up to the highest level prescribed in Chapter II of this Decree;
c/ Confiscate material evidences and/or means involved in administrative violations;
d/ Strip of the right to use permits.
Section II. SANCTIONING PROCEDURES
Article 18.- Stopping violation acts and making written records on administrative violations
Upon detecting administrative violations in the field of marriage and family, the persons with sanctioning competence, defined in Article 17 of this Decree shall have to request the violating individuals and/or organizations to immediately stop their administrative violation acts or to perform the law-prescribed obligations, and promptly make written records thereon, except for cases where the sanctioning is effected according to simple procedures. The form and mode of making written records shall comply with the provisions of Article 47 of the Ordinance on Handling of Administrative Violations. For each case, one copy of written record thereon, after being made, must be handed to the violating individual or organization. In cases where an administrative violation falls beyond the sanctioning competence of the written record maker, such written record must be immediately sent to the competent person for handling.
Article 19.- Administrative violation-sanctioning decisions
1. Within 15 days after making written records, the competent persons shall have to issue sanctioning decisions. For violations involving complicated factors, the above-said time limit may be extended but must not exceed 30 days. The form and content of sanctioning decisions must comply with the provisions in Clause 2, Article 48 of the Ordinance on Handling of Administrative Violations.
2. A sanctioning decision shall take effect after its signing, except for cases where the effective date is prescribed in such decision.
3. The fine collection and payment, the fine management regime shall comply with the State�s current regulations.
Article 20.- Sanctioning administrative violations according to simple procedures
In cases where an administrative violation is sanctioned in form of warning or fine of VND 20,000, the person with sanctioning competence shall not make a written record thereon but issue an on-the-spot sanctioning decision.
Article 21.- Execution of administrative violation-sanctioning decisions
1. In the course of accepting and handling an administrative violation, the person with sanctioning competence shall have to guide and explain to the sanctioned individual or the lawful representative of the sanctioned organization the specific law provisions related to violation acts, so that the latter can voluntarily execute the sanctioning decision.
2. The sanctioned individuals and organizations shall have to execute the sanctioning decisions within 5 days after being handed such sanctioning decisions, except for cases where the execution time limits are inscribed in the decisions.
3. Individuals and organizations sanctioned for their administrative violations, that deliberately fail to abide by the sanctioning decisions, shall be coerced to do so and have to pay all expenses for organizing the application of coercive measures. The persons with sanctioning competence may issue coercive decisions and are tasked to organize the coercion. The people�s police forces shall have to execute coercive decisions of the presidents of the People�s Committees of the same level.
The procedures for coercing the execution of administrative violation-sanctioning decisions shall comply with the provisions of law.
Tìm kiếm
Nghị định 87/2001/NĐ-CP (Bản Word)