What are regulations on enforcement of distraint of assets of corresponding value to execute decisions on sanctioning administrative violations in fire prevention and rescue in Vietnam?

What are regulations on enforcement of distraint of assets of corresponding value to execute decisions on sanctioning administrative violations in fire prevention and rescue in Vietnam?

According to Clause 3, Article 16 of Circular 06/2022/TT-BCA stipulating enforcement of distraint of assets of corresponding value to execute decisions on sanctioning administrative violations in fire prevention and rescue as follows:

3. For enforcement measures to distrain assets with a value corresponding to the fine amount for auction as prescribed in Point b, Clause 2, Article 86 of the 2012 Law on Handling of Administrative Violations, amended and supplemented in 2020 is carried out as follows:

a) Prepare an estimate of enforcement costs according to the provisions of Clause 1, Article 5 of Circular No. 05/2017/TT-BTC dated January 16, 2017 of the Minister of Finance guiding the management, advances and refunds Expenses for enforcement of decisions on sanctioning administrative violations are reported directly to leaders and commanders, submitted to those with enforcement authority for approval, and deposited with individuals and organizations being enforced;

b) Verify information about the assets of the subject subject to enforcement according to the provisions of Article 20 of Decree No. 166/2013/ND-CP and record the information in the verification record according to Record Form No. 09 issued attached to Decree No. 118/2021/ND-CP;

c) Based on the verification results, draft a Decision to enforce asset distraint with a value corresponding to the fine amount according to Decision Form No. 09 issued with Decree No. 118/2021/ND-CP and documents Notify the distraint of assets (except in cases where the notification will cause obstacles to the distraint) and report to the leader or commander directly to the competent person for approval and signature;

Draft document requesting the Mobile Police and Security Police agencies at the same level, in case there is a request to ensure order and safety during the implementation of enforcement decisions according to regulations, to report to the leadership, the commander directly submits to the competent person for approval and signature;

Components of documents submitted for signature are specified in Points a, d, g, h and point i, Section 9. Appendix list of components of documents submitted for signature issued with this Circular;

d) After the decision to enforce asset distraint, the document notifying the asset distraint, the document requesting the Mobile Police agency, the Security Police agency (if any) are approved and signed: Take number and stamp according to regulations;

d) Send the enforcement decision to the subject of enforcement and relevant organizations and individuals according to the provisions of Article 5 and Article 21 of Decree No. 166/2013/ND-CP; Notify the distraint of assets to individuals and organizations specified in Clause 2, Article 21 of Decree No. 166/2013/ND-CP; In case of request for the Mobile Police agency or Security Police agency at the same level to participate in ensuring order and safety during the implementation of the enforcement decision, the notification shall be made as prescribed in Clause 1, Article 7 of Decree No. 166/2013/ND-CP;

e) Organize enforcement of asset distraint according to the provisions of Article 22 and Article 23 of Decree No. 166/2013/ND-CP. The enforcement results are recorded in Minutes Form No. 12 issued with Decree No. 118/2021/ND-CP;

g) Report to leaders and commanders to directly advise competent persons on handling assets obtained from distraint according to the provisions of Articles 24, 25 and Article 26 of Decree No. 166/2013/ND-CP.

What are regulations on enforcement of distraint of assets of corresponding value to execute decisions on sanctioning administrative violations in fire prevention and rescue in Vietnam? (Image from the Internet)

Forced collection of money and other assets from subjects forced to execute decisions on sanctioning administrative violations in fire prevention and rescue in Vietnam

According to Clause 4, Article 16 of Circular 06/2022/TT-BCA regulating enforcement of money and other assets from subjects forced to execute decisions on sanctioning administrative violations in the field of fire prevention, rescue as follows: 

4. For enforcement measures to collect money and other assets of subjects being forced to execute decisions on sanctioning administrative violations held by other individuals or organizations in the case where individuals or organizations intentionally disperse assets after committing violations according to the provisions of Point c, Clause 2, Article 86 of the 2012 Law on Handling of Administrative Violations, amended and supplemented in 2020, are implemented as follows:

a) Verify information about assets held by a third party of the subject subject to enforcement according to the provisions of Article 29 of Decree No. 166/2013/ND-CP and record the information in the verification record according to the Minutes Form No. 09 issued together with Decree No. 118/2021/ND-CP;

b) Based on the verification results, draft a Decision on enforcement of collection of money and assets to implement the decision on sanctioning administrative violations according to Decision Form No. 10 issued with Decree No. 118/2021/ND- CP reports directly to leaders and commanders and submits to competent persons for approval and signature;

Components of documents submitted for signature are specified in Points a, dd, g, h and point i, Section 9. Appendix list of components of documents submitted for signature issued with this Circular;

c) After the decision to enforce the collection of money and assets to enforce the decision on sanctioning administrative violations is approved and signed: Take numbers and stamps according to regulations;

d) Send the decision on enforcement to the individual, organization being enforced, and relevant organizations and individuals according to the provisions of Article 5 of Decree No. 166/2013/ND-CP;

d) Organize the implementation of the Enforcement Decision according to the provisions of Article 32 of Decree No. 166/2013/ND-CP. The enforcement results are recorded in Minutes Form No. 10 issued with Decree No. 118/2021/ND-CP.

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