Circular No. 10/2015/TT-BCA detailing administrative penalties in areas related to national security, public order, and social safety

CIRCULAR

Regulations on administrative offenses related to national security, public order, and social safety
Article 1. Detailed regulations on administrative penalties for violations related to national security, public order, and social safety
 

Pursuant to Decree No. 81/2013/NĐ-CP dated July 19, 2013 detailing certain provisions and measures for implementing the Law on Handling Administrative Violations;

On the basis of Decree No. 167/2013/NĐ-CP dated November 12, 2013 on administrative penalties for violations in the fields of national security, public order, and social safety; prevention and control of social evils; fire prevention and fighting; prevention and control of domestic violence;

On the basis of Decree number Decree No. 64/2013/NĐ-CP dated June 27, 2013, Decree Decree No. 80/2013/NĐ-CP dated July 19, 2013, Decree number Decree No. 93/2013/NĐ-CP dated August 20, 2013, Decree Decree No. 99/2013/NĐ-CP dated August 29, 2013, Decree number Decree No. 103/2013/NĐ-CP dated September 12, 2013, Decree number Decree No. 107/2013/NĐ-CP dated September 20, 2013, Decree number Decree No. 119/2013/NĐ-CP dated October 9, 2013, Decree number Decree No. 120/2013/NĐ-CP dated October 9, 2013, Decree number Decree No. 121/2013/NĐ-CP dated October 10, 2013, Decree Decree No. 131/2013/NĐ-CP dated October 16, 2013, Decree number Decree No. 134/2013/NĐ-CP dated October 17, 2013, Decree number Decree No. 139/2013/NĐ-CP dated October 22, 2013, Decree number Decree No. 144/2013/NĐ-CP dated October 29, 2013, Decree number Decree No. 147/2013/NĐ-CP dated October 30, 2013, Decree Decree No. 155/2013/NĐ-CP dated November 11, 2013, Decree Decree No. 157/2013/NĐ-CP dated November 11, 2013, Decree number Decree No. 158/2013/NĐ-CP dated November 12, 2013, Decree Decree No. 159/2013/NĐ-CP dated November 12, 2013, Decree number Decree No. 173/2013/NĐ-CP dated November 13, 2013, Decree number No. 176/2013/NĐ-CP dated November 14, 2013, Decree Decree No. 179/2013/NĐ-CP dated November 14, 2013, Decree number Decree No. 185/2013/NĐ-CP dated November 15, 2013 on administrative penalties for violations in various fields including science and technology, technology transfer, standards, measurement, and product quality, maritime transportation, inland waterway transportation, industrial property, fisheries, atomic energy, veterinary medicine, animal breeding, livestock feed, defense, confidential communications, construction, copyright, related rights, power supply, dam safety, flood and storm prevention, social assistance and child protection, civil aviation, planning and investment, forest management, forest development, forest protection, and forest products, culture, sports, tourism and advertising, press, publishing, meteorology, surveying and mapping, health care, environmental protection, commercial activities, production and sale of counterfeit goods and prohibited goods, and consumer protection;

Pursuant to Decree No. 106/2014/NĐ-CP dated November 17, 2014, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the General Police Department;

The Minister of Public Security promulgates this Circular detailing administrative penalties for violations related to national security, public order, and social safety.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the application of forms, procedures, and authorities for imposing administrative penalties; collection, management, and use of administrative penalty fines; and statistics and reporting on administrative penalties in the fields of national security, public order, and social safety; prevention and control of social evils; fire prevention and fighting; prevention and control of domestic violence, and other areas related to national security, public order, and social safety within the authority to impose administrative penalties of the People's Public Security Forces (hereinafter referred to as administrative penalties in the fields related to national security, public order, and social safety).

Article 2. Applicability

This Circular applies to:

1. Officers, non-commissioned officers, and soldiers of the People's Public Security Forces have the authority to impose administrative penalties.

2. Public security units and localities.

3. Vietnamese individuals and organizations; foreign individuals and organizations (hereinafter referred to as individuals and organizations) subject to administrative penalties in the fields related to national security, public order, and social safety.

4. Individuals and organizations related to the imposition of administrative penalties in the fields related to national security, public order, and social safety.

Chapter II
SPECIFIC PROVISIONS

Article 3. Authority to impose administrative penalties of the People's Public Security Forces in the fields related to national security, public order, and social safety

1. The authority of the People's Public Security Forces to impose administrative penalties in the fields related to national security, public order, and social safety is specified in Decree No. 64/2013/NĐ-CP, Decree No. 80/2013/NĐ-CP, Decree No. 93/2013/NĐ-CP, Decree No. 99/2013/NĐ-CP, Decree No. 103/2013/NĐ-CP, Decree No. 107/2013/NĐ-CP, Decree No. 119/2013/NĐ-CP, Decree No. 120/2013/NĐ-CP, Decree No. 121/2013/NĐ-CP, Decree No. 131/2013/NĐ-CP, Decree No. 134/2013/NĐ-CP, Decree No. 139/2013/NĐ-CP, Decree No. 144/2013/NĐ-CP, Decree No. 147/2013/NĐ-CP, Decree No. 155/2013/NĐ-CP, Decree No. 157/2013/NĐ-CP, Decree No. 158/2013/NĐ-CP, Decree No. 159/2013/NĐ-CP, Decree No. 167/2013/NĐ-CP, Decree No. 173/2013/NĐ-CP, Decree No. 176/2013/NĐ-CP, Decree No. 179/2013/NĐ-CP, Decree No. 185/2013/NĐ-CP, and other relevant decrees.

2. Positions with the authority to impose administrative penalties in the People's Public Security Forces shall be implemented according to the Law on Handling Administrative Violations, decrees detailing administrative penalties in the fields related to national security, public order, and social safety, and the following provisions:

a) The Heads of Departments under the Traffic Police Corps have the authority to impose administrative penalties in the fields related to national security, public order, and social safety, including: Head of the Department for Investigating and Handling Traffic Accidents, Head of the Department for Registration and Inspection of Vehicles, Head of the Department for Organizing and Controlling Traffic and Escorting Delegations, Head of the Department for Patrol and Control of Road Traffic, Head of the Department for Patrol and Control of Expressway Road Traffic, Head of the Department for Ensuring Order and Safety in Railway Traffic, Head of the Department for Prevention and Struggle Against Crimes on Inland Waterways, Head of the Department for Patrol and Control of Inland Waterway Traffic, and Chief of the River Flotilla;

b) The immediate superiors of People's Public Security Force soldiers who are assigned to lead teams, groups, or units tasked with regular or emergency work by unit heads at the provincial, district, post, station, and equivalent levels are authorized to impose administrative penalties.

3. Determination of the authority to impose administrative penalties

a) When issuing a decision on administrative penalties, the person with the authority to impose administrative penalties must base it on their functions, tasks, powers, fields, and jurisdiction.

If the administrative violation does not fall within their functions, tasks, powers, fields, and jurisdiction, the case must be transferred to the person with the authority to impose penalties.

b) For administrative violations occurring in border areas that do not fall within the assigned jurisdiction, measures shall be taken according to the functions, tasks, and authorities granted. Subsequently, notify and hand over the case to the competent agencies or units for resolution in accordance with the law.

c) In cases where administrative violations fall under the penalty authority of multiple individuals, the administrative violation penalty shall be carried out by the first person to handle the case.

Article 4. Application of Administrative Violation Penalties

1. Fine Penalty Form

When deciding on a fine penalty form, the authorized person must base it on the nature, degree, consequences of the violation, the violator's background, and mitigating and aggravating circumstances as stipulated in Articles 9 and 10 of the Law on Handling Administrative Violations to determine an appropriate fine amount.

2. In cases where foreign individuals or organizations enjoy diplomatic or consular privileges and immunities as provided by law, the following shall apply:

a) If the violation is minor and simple, they shall be reminded and required to stop the violation;

b) If the violation has complex characteristics and causes serious consequences, immediately report to the unit leader for instructions on handling;

c) In cases not covered by points a and b of Clause 2 of this Article but involve violations, handle them according to the law.

3. For complex and serious administrative violations that show signs of criminal offenses, the receiving and handling unit must proactively coordinate with the competent investigative agency to unify the handling approach.

Article 5. Administrative Violation Penalty Procedures

1. The procedures for administrative violation penalties related to security, public order, and social safety shall be implemented in accordance with Section 1, Chapter III, Part II of the Law on Handling Administrative Violations, Decree No. 81/2013/ND-CP, and the decree regulating administrative violation penalties in relevant fields.

2. In cases where an individual or organization simultaneously commits multiple administrative violations, the authorized person decides on the penalty form for each violation; if the penalty form is a fine, the total amount of fines from each violation must be combined into a single fine amount and stated in one penalty decision. The decision-making process is as follows:

a) If the administrative violations fall within the assigned authority, issue a penalty decision;

b) If one of the administrative violations exceeds the assigned authority, transfer the case to the competent agency or person authorized to impose penalties.

Article 6. Collection, Management, and Use of Administrative Violation Fine Proceeds

The collection, management, and use of administrative violation fine proceeds and the management of fine receipt stubs shall be carried out in accordance with the Law on Handling Administrative Violations, Decree No. 81/2013/ND-CP, the decree regulating administrative violation penalties in relevant fields, and the regulations of the Ministry of Finance and the Ministry of Public Security regarding fine collection and payment procedures, fine receipt stubs, and funding from the state budget to ensure the operation of administrative violation penalty forces.

Article 7. File System and Statistics

1. Administrative violation penalties related to security, public order, and social safety must establish files and maintain records for serving the application of administrative measures or criminal proceedings and other related activities. The retention of case files shall be conducted in accordance with the file system of the Ministry of Public Security.

2. Local police units must assign staff to monitor, compile, and summarize the situation of administrative violations and administrative violation penalties according to each article in the decrees regulating administrative violation penalties in relevant fields.

3. On the 1st, 10th, and 20th of each month, local police units must reconcile with financial agencies and the State Treasury about the implementation of penalty decisions, statistics of unimplemented administrative violation penalty decisions, and propose enforcement measures for penalty decisions according to the law.

Article 8. Reporting System

1. Every day, authorized positions for administrative violation penalties related to security, public order, and social safety must collect and report to their unit leaders the number of cases documented and penalized.

2. Weekly, local police units must report on administrative violation penalties related to security, public order, and social safety to their immediate superiors.

3. Monthly, on the last day of the month, provincial-level public security bureaus, fire prevention and firefighting police, and central city police units must submit reports on administrative violation penalties related to security, public order, and social safety by force and to the Ministry of Public Security (through the Department of Legal Affairs and Administrative Reform).

4. Provincial-level public security bureaus, fire prevention and firefighting police, and central city police units must submit six-monthly and annual reports on administrative violation penalties related to security, public order, and social safety by force and to the Ministry of Public Security (through the Department of Legal Affairs and Administrative Reform). The submission time shall be in accordance with Clause 4, Article 25 of Decree No. 81/2013/ND-CP.

5. The content of reports on administrative violation penalties related to security, public order, and social safety shall be in accordance with Clause 1 and Clause 2, Article 25 of Decree No. 81/2013/ND-CP.

6. Reporting Forms

a) Written reports;

b) Reports through internal computer networks with security (through secure channels);

c) Updating information on administrative violation penalties related to security, public order, and social safety into the database on administrative violation handling in the People's Public Security.

7. The implementation of reporting as stipulated in point c of Clause 6 of this Article shall be carried out in accordance with other regulations of the Ministry of Public Security.

Chapter III
IMPLEMENTATION

Article 9. Effective Date

This Circular takes effect from April 10, 2015. Previous provisions contrary to this Circular are abolished.

Article 10. Responsibility for Implementation

1. The General Police Corps is responsible for guiding, urging, and inspecting the implementation of this Circular.

2. The Directors of the General Departments under the Ministry, the Directors of Public Security, the Directors of Fire Prevention and Fighting Police of provinces and centrally governed cities, and related organizations and individuals shall be responsible for implementing this Circular.

During the implementation process, if there are difficulties or obstacles, the relevant units, localities, organizations, and individuals shall report to the Ministry of Public Security (through the General Police Department) for timely guidance.