Decision No. 1212/2006/QD-BTP of the Ministry of Justice suspends the implementation of part or all of the contents of legal documents issued by localities that contravene laws on administrative violations. This document applies to the People's Committees of Son La, Lang Son, Bac Ninh, Ca Mau, Yen Bai provinces and Ho Chi Minh City, Da Nang city. Notably, it suspends the implementation of provisions contravening laws on penalties, management, and control of administrative violations.
Các điểm cốt lõi
- The People's Committees of Son La, Lang Son, Bac Ninh, Ca Mau, Yen Bai provinces, Ho Chi Minh City, Da Nang city shall suspend the implementation of part or all of the contents of legal documents issued by localities that contravene laws on administrative violations.
- Suspend the implementation of Clause 4, 5 Article 28 of the Regulation issued by Son La province (Decision No. 143/2003/QD-UB).
- Suspend the implementation of Article 6 of the Regulation issued by Son La province (Decision No. 667/2002/QD-UB).
- Suspend the implementation of Article 16 of the Regulation issued by Son La province (Decision No. 525/2003/QD-UB).
- Suspend the implementation of Articles 9, 10, 11, 12, 13, 14, Clause 1 Article 15 of the Regulation issued by Lang Son province (Decision No. 27/2003/QD-UB).
- Suspend the implementation of Article 1 of the Decision issued by Yen Bai province (Decision No. 345/2004/QD-UB).
- Suspend the implementation of the legal document issued by Bac Ninh province according to the law (Decision No. 1709/QD-CT).
- Suspend the implementation of the Directive issued by Bac Ninh province (Directive No. 04/2003/CT-CT).
- Suspend the implementation of the legal document issued by the Director of Public Security of Bac Ninh province (Order No. 18/ML/PV11).
- Suspend the implementation of Clause 1, 2 Article 5 of the Decision issued by Da Nang city (Decision No. 144/2003/QD-UB).
- Suspend the implementation of Clause 2 Article 12; Clause 1, 2 Article 14; Clause 2 Article 16 and Article 18 of the Regulation issued by Da Nang city (Decision No. 166/2004/QD-UB).
- Suspend the implementation of the legal document issued by Da Nang city according to the law (Decision No. 52/2005/QD-UB).
- Suspend the implementation of Clause 2 Article 23 of the Regulation issued by Ho Chi Minh city (Decision No. 113/2004/QD-UB).
- Suspend the implementation of Clause 2 Article 19 of the Regulation issued by Ho Chi Minh city (Decision No. 114/2004/QD-UB).
- Suspend the implementation of the illegal content according to the law in the Directive issued by Ho Chi Minh city (Directive No. 08/2006/CT-UBND).
🌐 Tác động xã hội từ văn bản này
- Citizens and businesses affected in the provinces and cities will have to comply with new legal regulations instead of previous ones. This may cause difficulties in conducting business and personal activities.
- Local management agencies need to adjust their regulations to be consistent with the law, thereby reducing burdens on citizens and businesses.
- Suspending the implementation of some illegal documents may help improve the business environment and ensure fairness in handling administrative violations.
❓ Câu hỏi thường gặp
Which provinces and cities are affected by this Decision?
The affected provinces and cities include Son La, Lang Son, Bac Ninh, Ca Mau, Yen Bai, Ho Chi Minh City, and Da Nang.
What impact does suspending the implementation of illegal documents have on citizens?
Citizens will no longer have to comply with suspended regulations, nor will they be subject to penalties from these documents. However, adjusting to new regulations may require time.
What must local management agencies do after this Decision is issued?
Local management agencies must revoke part or all of the illegal documents and report to the Prime Minister the results of the handling before May 20, 2006.
What impact does suspending the implementation of illegal documents have on businesses?
Businesses will no longer be subject to management and penalties from the suspended documents, helping to reduce administrative burdens. However, they must comply with new legal regulations.
When does this take effect?
This Decision takes effect from the date of issuance (May 8, 2006).
Toàn văn
|
MINISTRY OF JUSTICE |
SOCIALIST REPUBLIC OF VIETNAM |
|
Number: 1212/2006/QĐ-BTP |
Hanoi, May 8, 2006 |
Pursuant to …;
Regarding the suspension of partial or full implementation of contents of normative documents contrary to law
on administrative violations handling issued by localities
THE MINISTER OF JUSTICE
Pursuant to the Law on Legislative Documents promulgation dated December 11, 1996
and Law No. 02/2002/QH11 dated December 16, 2002 amending and supplementing certain articles of the Law on Legislative Documents;
Pursuant to the Law on Issuing Legal Regulatory Documents of People's Councils and People's Committees dated December 3, 2004;
Pursuant to Decree No. 62/2003/NĐ-CP dated June 6, 2003 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Justice;
Pursuant to Decree No. 135/2003/NĐ-CP dated November 14, 2003 of the Government on inspection and handling of normative legislative documents;
To implement the directive of the Prime Minister at Circular No. 694/TTg-XDPL dated May 5, 2006 on handling normative documents on administrative violations handling contrary to law issued by localities;
Considering the proposal of the Director of the Department for Inspection of Normative Legislative Documents,
Pursuant to …;
Clause 4 of Article 6Suspend the implementation of partial or full contents of normative documents contrary to law on administrative violations handling issued by the People's Committees of Son La, Lang Son, Bac Ninh, Ca Mau, Yen Bai provinces, Ho Chi Minh City, Da Nang city. The names of documents and specific contents of provisions contrary to law being suspended from implementation are listed in the Appendix attached to this Decision.
12/2025/TT-BNNMT dated June 19, 2025 issued by the Minister of Agriculture and EnvironmentRequest the People's Committees of provinces and centrally governed cities to self-abolish partial or full contents of normative documents on administrative violations handling contrary to law mentioned in Article 1 of this Decision from May 10, 2006, report to the Prime Minister and inform the Minister of Justice of the results of handling before May 20, 2006; organize to rectify consequences caused by issuing and implementing normative documents contrary to law.
Article 3. This Decision takes effect from the date of issuance.
Article 4. Chairmen of the People's Committees of provinces and centrally governed cities mentioned in Article 1 of this Decision, Director of the Department for Inspection of Normative Legislative Documents - Ministry of Justice shall be responsible for implementing this Decision./.
|
|
THE MINISTER |
ANNEX
NORMATIVE DOCUMENTS WITH CONTENTS CONTRARY TO LAW ON ADMINISTRATIVE VIOLATIONS HANDLING SUSPENDED FROM IMPLEMENTATION
(Annexed to Decision No. 1212/2006/QĐ-BTP
dated May 8, 2006 of the Minister of Justice)
|
Serial Number |
Name of document and locality issuing |
Handling |
|
SON LA |
||
|
1 |
Decision No. 143/2003/QĐ-UB dated September 1, 2003 of the People's Committee of Son La Province on the issuance of regulations on planning, land use planning, and post-planning land management. |
Suspend the implementation of Clause 4, 5, Article 28 of the Regulations. The level of fines is higher than that stipulated in Decision No. 143. |
|
2 |
Decision No. 667/2002/QĐ-UB dated March 22, 2002 of the People's Committee of Son La Province on the issuance of regulations on price display and administrative penalties for non-compliance with price display requirements. |
Suspend the implementation of Article 6 of the Regulations. The locality has set fine levels contrary to legal provisions. |
|
3 |
Decision No. 525/2003/QĐ-UB dated March 5, 2003 of the People's Committee of Son La Province on the issuance of regulations on urban environmental protection. |
Suspend the implementation of Article 16 of the Regulations. The locality repeats administrative violations in the field of environmental protection already regulated by the Government. |
|
LANG SON |
||
|
4 |
Decision No. 27/2003/QĐ-UB dated November 6, 2003 of the People's Committee of Lang Son Province on the issuance of regulations on handling violations in investment and construction management for projects under the management authority of the People's Committee of Lang Son Province and according to the delegated authority. |
Suspend the implementation of Articles 9, 10, 11, 12, 13, 14, Clause 1, Article 15 of the Regulations. The locality has stipulated and applied measures such as "disqualification from bidding; publication of information on provincial radio and television; deduction from project settlement value..." contrary to legal provisions. |
|
YEN BAI |
||
|
5 |
Decision No. 345/2004/QĐ-UB dated November 16, 2004 of the People's Committee of Yen Bai Province on the mandatory wearing of helmets when riding motorcycles and motorbikes. |
Suspend the implementation of Article 1 of the Decision. The locality's regulation (mandatory helmet wearing on all roads, including urban roads) is contrary to legal provisions. |
|
BAC NINH |
||
|
6 |
Decision No. 1709/QĐ-CT dated October 13, 2004 of the Chairman of the People's Committee of Bac Ninh Province on the implementation of mandatory helmet wearing for passengers on motorcycles, motorbikes, and similar vehicles when participating in traffic. |
Suspend the implementation of the document in accordance with legal provisions. The locality's regulation on mandatory helmet wearing on provincial roads is contrary to current legal provisions. |
|
7 |
Directive No. 04/2003/CT-CT dated April 9, 2003 of the Chairman of the People's Committee of Bac Ninh Province on prohibiting the circulation of self-assembled vehicles, old and non-standard vehicles; prohibiting agricultural vehicles from running on expressways (new National Highway 1). |
Suspend the implementation of the Directive in accordance with legal provisions. The locality's regulation on the measure of confiscation is contrary to legal provisions. The Chairman of the People's Committee does not have the authority to issue normative legislative documents. |
|
8 |
Order No. 18/ML/PV11 dated January 15, 2003 of the Director of the Provincial Police Department of Bac Ninh. |
Suspend the implementation of the document in accordance with legal provisions. The Director of the Provincial Police Department does not have the authority to issue normative legislative documents. The regulation on temporary detention of vehicles for 15 days and 30 days is contrary to current legal provisions. Penalty: increased. |
|
DA NANG CITY |
||
|
9 |
Decision No. 144/2003/QĐ-UB dated October 20, 2003 of the People's Committee of Da Nang City on the supervision of animal slaughter, animal products, and veterinary food hygiene inspections on the territory of Da Nang City. |
Suspend the implementation of Clause 1, 2, Article 5 of the Decision. The regulation on the measure of confiscation (confiscating all equipment and tools used for slaughter) is contrary to legal provisions. |
|
10 |
Decision No. 166/2004/QĐ-UB dated October 12, 2004 of the People's Committee of Da Nang City on the management of crude weapons and auxiliary tools on the territory of Da Nang City. |
Suspend the implementation of Clause 2, Article 12; Clause 1, 2, Article 14; Clause 2, Article 16 and Article 18 of the Regulations. The locality has delegated the authority to inspect persons and vehicles to forces such as "Army, Civil Defense, Youth Volunteers". The regulation on setting fines, administrative violations, and handling measures is contrary to the law. |
|
11 |
Decision No. 52/2005/QĐ-UB dated April 28, 2005 of the People's Committee of Da Nang City promulgating regulations on certain measures to control road traffic accidents within the Da Nang City area. |
Suspend the implementation of the document in accordance with legal provisions. |
|
HO CHI MINH CITY |
||
|
12 |
Decision No. 113/2004/QĐ-UB dated April 23, 2004 of the People's Committee of the city regarding the issuance of regulations on reviewing applications for release from rehabilitation for drug rehabilitation trainees and post-rehabilitation individuals. |
Suspend the implementation of Clause 2, Article 23 of the Regulation. The People's Committee stipulates that the act of "… not being truthful in committing to guarantee employment or schooling for released individuals…" shall be subject to administrative violation penalties or criminal prosecution, which contravenes the law. |
|
13 |
Decision No. 114/2004/QĐ-UB dated April 23, 2004 of the People's Committee of the city regarding the issuance of regulations on managing and assisting drug rehabilitation trainees and post-rehabilitation individuals upon release. |
Suspend the implementation of Clause 2, Article 19 of the Regulation. The People's Committee stipulates that the act of "failing to properly fulfill commitments regarding the acceptance of released individuals for work or study" shall be subject to administrative violation penalties, which contravenes the law. |
|
14 |
Directive No. 08/2006/CT-UBND dated March 14, 2006 of the People's Committee of the city regarding the implementation of Circular No. 331/TTg-NC dated February 24, 2006 and Circular No. 373/TTg-NC dated March 5, 2006 of the Prime Minister on restoring traffic order and safety. |
Suspend the implementation of provisions contrary to the law as prescribed by the law. In this Directive, the People's Committee of the city continues to prescribe fines and forms of punishment outside the provisions of Decree No. 152/2005/NĐ-CP dated December 15, 2005 of the Government. |
|
CA MAU PROVINCE |
||
|
15 |
Decision No. 06/2004/QĐ-UB dated January 19, 2004 of the People's Committee of Ca Mau Province promulgating regulations on organizing registration, management, and handling of household watercraft within the Ca Mau Province area. |
Suspend the implementation of Articles 23, 25, 26, and 27 of the Regulation. |
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