From July 22, 2022 will apply new regulations on the time to calculate the statute of limitations for sanctioning administrative violations in the field of national border in Vietnam management and protection?
- Adding the time to calculate the statute of limitations for sanctioning administrative violations in the field of national border in Vietnam management and protection?
- Who is applied to sanction administrative violations in the field of national border in Vietnam management and protection according to current regulations?
- Supplementing sanctioning procedures, implementing sanctioning decisions and remedial measures in the field of national border in Vietnam management and protection?
Adding the time to calculate the statute of limitations for sanctioning administrative violations in the field of national border in Vietnam management and protection?
According to Clause 2, Article 2 of Decree 37/2022/ND-CP, Article 2a has been added after Article 2 of Decree 96/2020/ND-CP as follows:
“Article 2. Amending and supplementing a number of articles of Decree No. 96/2020/ND-CP dated August 24, 2020 of the Government providing for penalties for administrative violations in the field of border management and protection nation
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2. To add Article 2a after Article 2 as follows:
“Article 2a. Time to calculate the statute of limitations for sanctioning administrative violations in the field of national border management and protection
The time limit for calculating the statute of limitations for sanctioning administrative violations in the field of national border management and protection shall comply with the provisions of Clause 1, Article 6 of the Law on Handling of Administrative Violations 2012, as amended and supplemented at Point a, Clause 4, Article 1 of the Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations in 2020, specifically as follows:
1. For administrative violations specified at Point c, Clause 2, Article 6 and Point dd, Clause 5, Article 9 of this Decree, the statute of limitations for sanctioning is counted from the date the individual or organization completes the act of providing information. untrue; carry out incomplete or inaccurate declaration procedures to be issued with valid border entry and exit documents or falsify electronic border guard dossiers.
2. Acts of administrative violations against regulations on notification, declaration, reporting, registration, and permission; failing to present the license, using the wrong license, exceeding the time limit and scope stated in the permit as prescribed at point c, clause 1, point dd clause 2, point d clause 3, point a clause 4, point a, point b Clause 7 Article 6; Point c Clause 1, Point b, Point c Clause 8, Clause 9, Point b Clause 10, Point c Clause 11 Article 8; Clause 1, Clause 2, Point b, Point d Clause 3, Point d, Point e Clause 5, Point a Clause 6 Article 9 of this Decree, the statute of limitations for sanctioning is counted from the date the individual or organization commits the violation. offense.
3. Administrative violations specified at Point b, Clause 4, Article 6; Clause 3, Point d Clause 4 Article 7; Point a, Clause 3, Point dd, Clause 4, Point a, Clause 5, Article 9 of this Decree, the statute of limitations for sanctioning is counted from the date on which the organization or individual fails to comply with the decision on inspection or opposes or fails to provide information according to regulations. orders and decisions of competent state agencies in accordance with law.
4. Acts of violation on reporting and notification deadlines specified at Point c, Clause 2, Point a, Clause 6, Article 8; Point d Clause 6 Article 9; Clause 1, Article 11 of this Decree, the time of termination of violations is the date the organization or individual reports or gives notice as prescribed.
5. On-going administrative violations are violations that do not fall into the cases specified in Clauses 1, 2, 3 and 4 of this Article, the statute of limitations shall be counted from the date the competent person executes service to detect violations.
6. Within the time limit specified in Clauses 1, 2, 3, 4 and 5 of this Article, if an individual or organization intentionally evas or obstructs the sanctioning, the statute of limitations for sanctioning administrative violations shall be recalculated from the time of termination of the act of evading or obstructing the sanctioning.”.
Accordingly, the statute of limitations for sanctioning administrative violations in the field of national border management and protection will be calculated on a case-by-case basis as prescribed above.
From July 22, 2022, will apply the regulations on the time to calculate the statute of limitations for sanctioning administrative violations in the field of national border in Vietnam management and protection?
Who is applied to sanction administrative violations in the field of national border in Vietnam management and protection according to current regulations?
Pursuant to Article 2 of Decree 96/2020/ND-CP stipulates as follows:
“Article 2. Subjects of application
1. This Decree applies to Vietnamese organizations and individuals, foreign organizations and individuals committing administrative violations in the Vietnamese territory; persons competent to make records and persons competent to impose penalties for administrative violations specified in this Decree.
2. Organizations specified in Clause 1 of this Article include:
a) A state agency commits an act of violation that is not within its assigned state management task;
b) Enterprises established and operating under Vietnamese law; branches and representative offices of foreign enterprises operating in Vietnam;
c) Cooperatives, unions of cooperatives, cooperative groups;
d) Public non-business organizations and units;
d) Social organizations, socio-political organizations, socio-professional organizations.
3. Business households that register their business in accordance with law, and households that commit administrative violations specified in this Decree shall be subject to the same penalties as individuals.”
Accordingly, individuals, organizations and business households in the above cases are subject to the provisions of sanctioning administrative violations in the field of national border in VIetnam management and protection according to current regulations. now according to Decree 96/2020/ND-CP.
Supplementing sanctioning procedures, implementing sanctioning decisions and remedial measures in the field of national border in Vietnam management and protection?
Pursuant to Clause 4, Article 2 of Decree 37/2022/ND-CP, procedures for sanctioning, enforcement of sanctioning decisions and remedial measures in the field of national border in Vietnam management and protection have been added. after Article 3 of Decree 96/2020/ND-CP as follows:
“Article 2. Amending and supplementing a number of articles of Decree No. 96/2020/ND-CP dated August 24, 2020 of the Government providing for penalties for administrative violations in the field of border management and protection nation
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4. To add Article 3a after Article 3 as follows:
“Article 3a. Sanctioning procedures, enforcement of sanctioning decisions and remedial measures
1. Procedures for sanctioning and executing decisions on sanctioning of administrative violations in the field of national border management and protection shall comply with the provisions of Chapter III, Part Two of the Law on Handling of Administrative Violations and regulations. in this Decree.
2. In case the form of fines is applied only to violating individuals and organizations, the person competent to sanction administrative violations in the field of national border management and protection has the right to temporarily seize the paper. documents related to means and professional certificates until the individual or organization has fully complied with the sanctioning decision. If the violating individual or organization does not have the above-said papers, the person competent to sanction administrative violations is entitled to request the violating individual or organization to bring the vehicle to the headquarters of the agency for settlement or temporarily seize material evidences and means according to competence
3. In case violating individuals or organizations are subject to the additional sanction of confiscation of material evidences and means of administrative violations, the person competent to sanction administrative violations in the field of management and protection National borders are entitled to request infringing individuals or organizations to bring their vehicles to the headquarters of their agencies to handle or temporarily seize material evidences and means according to their competence.”.”
Thus, the sanctioning procedures and enforcement of sanctioning decisions along with remedial consequences in the field of national border in Vietnam management and protection are carried out in accordance with the above provisions.
Decree 37/2022/ND-CP will take effect from July 22, 2022.
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