This Circular stipulates forms to be used when applying administrative sanctions involving compulsory education facilities, applicable to agencies, persons with authority to prepare files and enforce such sanctions, individuals subject to consideration and decision on the application of such sanctions, and related agencies and organizations. This Circular specifies twenty-six specific forms.
Đối tượng áp dụng
Agencies, persons with authority to prepare files and enforce administrative sanctions involving compulsory education facilities; Individuals subject to consideration and decision on the application of administrative sanctions involving compulsory education facilities; Agencies, organizations, and individuals related to the application and enforcement of administrative sanctions involving compulsory education facilities.
Các điểm cốt lõi
- Agencies, persons with authority to prepare files and enforce → must use the forms prescribed in Article 3
- Individuals subject to consideration and decision on the application of administrative sanctions involving compulsory education facilities → are required to provide information according to the forms
- Agencies, organizations, and individuals related → must manage the printing, distribution, and use of forms and maintain registers for monitoring
- Printing costs for forms → funded by the state budget, allocated in the annual state budget of the Ministry of Public Security
- This Circular takes effect from October 28, 2014, and replaces Circular No. 60/2011/TT-BCA
🌐 Tác động xã hội từ văn bản này
- Positive impact: Saves time and effort in preparing files and organizing the enforcement of administrative sanctions involving compulsory education facilities.
- Negative impact: The printing costs for forms paid from the state budget may create financial pressure on the budget.
- Beneficiaries: Agencies, organizations, and individuals related to the application of administrative sanctions involving compulsory education facilities.
- Affected parties: No specific burden, but must comply with regulations on the use of forms.
- Costs for local units: Need to prepare budgets and manage printing costs for forms.
❓ Câu hỏi thường gặp
Which agencies are responsible for managing the printing, distribution, and use of forms?
Local public security agencies are responsible for managing the printing, distribution, and use of forms and maintaining registers for monitoring.
From which source does the printing cost for forms come?
The printing cost for forms is funded by the state budget, allocated in the annual state budget of the Ministry of Public Security.
To whom does this Circular apply?
This Circular applies to agencies, persons with authority to prepare files and enforce administrative sanctions involving compulsory education facilities; Individuals subject to consideration and decision on the application of administrative sanctions involving compulsory education facilities; Agencies, organizations, and individuals related to the application and enforcement of administrative sanctions involving compulsory education facilities.
How many forms are specified in this Circular?
This Circular specifies twenty-six specific forms.
When does this Circular take effect and replace which Circular?
This Circular takes effect from October 28, 2014, and replaces Circular No. 60/2011/TT-BCA.
Toàn văn
CIRCULAR
Regulations on forms to be used when applying administrative measures
for compulsory placement in educational facilities
Based on the Administrative Violation Handling Law dated June 20, 2012;
Pursuant to the Ordinance on Procedures and Formalities for Considering and Deciding on the Application of Administrative Measures at People's Courts dated January 20, 2014;
Pursuant to the Decree No. 81/2013/NĐ-CP dated July 19, 2013 detailing certain provisions and implementing mechanisms of the Law on Handling Administrative Violations;
Based on Decree No. 02/2014/NĐ-CP dated January 10, 2014, stipulating the regime for applying and enforcing administrative measures involving placement in disciplinary schools and compulsory educational facilities;
Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security (amended and supplemented by Decree No. 21/2014/NĐ-CP dated March 25, 2014);
At the proposal of the Director of the Department of Legal Affairs and Administrative Reform and Justice;
The Minister of Public Security issues this Circular regulating forms to be used when applying administrative measures for compulsory placement in educational facilities.
Article 1. Scope of Regulation
This Circular regulates forms to be used when applying administrative measures for compulsory placement in educational facilities.
Article 2. Applicability
This Circular applies to:
1. Authorities and persons with competence to establish files and implement administrative measures for compulsory placement in educational facilities.
2. Persons subject to consideration and decision on the application of administrative measures for compulsory placement in educational facilities.
3. Authorities, organizations, and individuals related to the application and implementation of administrative measures for compulsory placement in educational facilities.
Article 3. Forms to be used when applying administrative measures for compulsory placement in educational facilities
1. Request for application of compulsory placement measure (Form No. 01/CSGDBB).
2. Summary of personal history and violation of laws of the person proposed for compulsory placement (Form No. 02/CSGDBB).
3. Decision on management during the procedure for applying compulsory placement measure (Form No. 03/CSGDBB).
4. Record of enforcement of the decision on applying compulsory placement measure (Form No. 04/CSGDBB).
5. Record of escape (Form No. 05/CSGDBB).
6. Decision on search and recovery (Form No. 06/CSGDBB).
7. Record of arrest of the person sought, individual, or prison officer with a search and recovery decision (Form No. 07/CSGDBB).
8. Record of handover of the person with a compulsory placement decision, object, or prison officer who has escaped, temporarily suspended, or temporarily released from compulsory placement facility (Form No. 08/CSGDBB).
9. Notice of suspension of execution of the search and recovery decision (Form No. 09/CSGDBB).
10. Record of health status of the person with a compulsory placement decision (Form No. 10/CSGDBB).
11. Decision on temporary suspension, extension of temporary suspension, or revocation of the temporary suspension decision to enforce the compulsory placement decision (Form No. 11/CSGDBB).
12. Decision on temporary release or extension of temporary release period of the prison officer from the compulsory placement facility (Form No. 12/CSGDBB).
13. Record of transfer of the file on application of compulsory placement measure to the criminal prosecution authority (Form No. 13/CSGDBB).
14. Record of violation of internal regulations of the compulsory placement facility (Form No. 14/CSGDBB).
15. Record of meeting of the council considering commendation, punishment, or recommendation to revoke the decision to reduce the term or exempt remaining time at the compulsory placement facility (Form No. 15/CSGDBB).
16. Decision on commendation or punishment of the prison officer (Form No. 16/CSGDBB).
17. Evaluation and classification record of compliance with the compulsory placement decision (Form No. 17/CSGDBB).
18. Record of meeting of the council considering reduction of term, exemption of remaining time at the compulsory placement facility (Form No. 18/CSGDBB).
19. Decision on transfer of the prison officer (Form No. 19/CSGDBB).
20. Record of death of the prison officer (Form No. 20/CSGDBB).
21. Record of burial of the prison officer (Form No. 21/CSGDBB).
22. Record of exhumation and handover of remains (Form No. 22/CSGDBB).
23. Record of handover of the body of the prison officer (Form No. 23/CSGDBB).
24. Certificate of completion of enforcement of the compulsory placement decision (Form No. 24/CSGDBB).
25. Cover of the prison officer's file (Form No. 25/CSGDBB).
26. Prison officer monitoring card (Form No. 26/CSGDBB).
Article 4. Printing, using and managing forms
1. The forms prescribed in Article 3 of this Circular must be uniformly printed on A4 size paper with white material; the content of the forms shall not be arbitrarily changed. Specifically, the cover form for inmates (form number 25/CSGDBB) shall be printed on 50cm x 33cm size paper with Kráp material; the inmate tracking card (form number 26/CSGDBB) shall be printed on 20cm x 18cm size paper, double-sided printing with white cardstock, 175g/m2 weight.
2. Local Public Security units shall be responsible for managing the printing, distribution, use of forms, and maintaining ledgers to monitor their usage.
Article 5. Budget for printing forms
The budget for printing forms prescribed in Article 3 of this Circular shall be funded from the state budget and allocated in the annual budget estimate of the Ministry of Public Security. Local Public Security units shall be responsible for preparing and finalizing the budget for printing forms according to the provisions of the State Budget Law, Accounting Law, and other guiding documents.
Article 6. Effectiveness
This Circular takes effect from October 28, 2014, and replaces Circular No. 60/2011/TT-BCA dated August 29, 2011, which stipulates forms to be used when applying educational measures.
Article 7. Responsibility for Implementation
1. The Director of the Criminal Enforcement and Judicial Assistance General Department shall be responsible for urging, inspecting, guiding, and issuing forms to be used in the management and education of inmates.
2. The Directors of General Departments under the Ministry of Public Security, Directors of Compulsory Education Facilities, Provincial Public Security Directors, Directors of Fire Prevention and Fighting Police Departments under centrally governed cities shall be responsible for implementing this Circular. During implementation, if any difficulties arise, local Public Security units, relevant agencies, organizations, and individuals shall report to the Ministry of Public Security (through the Criminal Enforcement and Judicial Assistance General Department) for timely guidance.
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