Circular No. 42/2014/TT-BCA stipulates the forms to be used by the People's Public Security when applying and enforcing administrative educational measures at commune, ward, town level.

CIRCULAR
Regulations on forms to be used by the People's Public Security when applying and implementing administrative handling measures for education at commune, ward, town level
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Pursuant to the Law on Handling Administrative Violations dated June 20, 2012;

Pursuant to Decree No. 111/2013/NĐ-CP dated September 30, 2013 stipulating the regime of applying administrative handling measures for education at commune, ward, town level;

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 which has been 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 promulgates this Circular stipulating forms to be used by the People's Public Security when applying and implementing administrative handling measures for education at commune, ward, town level.

Article 1. Scope of Regulation

This Circular stipulates forms, their usage, and management in the People's Public Security when applying and implementing administrative handling measures for education at commune, ward, town level (hereinafter referred to as educational measures at commune, ward, town level) and substitute measures for managing at home for minors who have committed administrative violations (hereinafter referred to as management measures at home).

Article 2. Applicability

This Circular applies to:

1. Individuals who commit acts of violation of the law as prescribed in Article 90 of the Law on Handling Administrative Violations dated June 20, 2012 and Article 4 of Decree No. 111/2013/NĐ-CP dated September 30, 2013 stipulating the regime of applying administrative handling measures for education at commune, ward, town level.

2. Agencies, organizations, families, and individuals assigned to educate and manage those subject to education at commune, ward, town level and those subject to management at home.

Clause 3. Units and local public security agencies.

4. Organizations and individuals related to the application and implementation of educational measures at commune, ward, town level and management measures at home.

Article 3. Forms to be used when applying and implementing educational measures at commune, ward, town level

Forms to be used when applying and implementing educational measures at commune, ward, town level and management measures at home include:

1. Request for establishing a file to apply educational measures at commune, ward, town level (Form No. 01/GDTX);

2. Request to apply management measures at home (Form No. 02/QLGĐ);

3. Request for exemption from executing the remaining period of the Decision on applying educational measures at commune, ward, town level (Form No. 03/GDTX);

4. Notice regarding the establishment of a file to apply educational measures at commune, ward, town level (Form No. 04/GDTX);

5. Notice regarding continued management and education of those subject to educational measures at commune, ward, town level (Form No. 05/GDTX);

6. Report on verification results concerning those proposed to apply educational measures at commune, ward, town level or management measures at home (Form No. 06/GDTX-QLGĐ);

7. Report on supervision, education, and assistance results for those subject to educational measures at commune, ward, town level (Form No. 07/GDTX);

8. Minutes of meeting on considering the application of educational measures at commune, ward, town level or management measures at home (Form No. 08/GDTX-QLGĐ);

9. Minutes of meeting on providing opinions to those subject to educational measures at commune, ward, town level (Form No. 09/GDTX);

10. Commitment letter on compliance with the decision of those subject to educational measures at commune, ward, town level (Form No. 10/GDTX);

11. Commitment letter on ensuring conditions for implementing management at home (Form No. 11/QLGĐ);

12. Decision on applying educational measures at commune, ward, town level or management measures at home (Form No. 12/GDTX-QLGĐ);

13. Decision not to apply educational measures at commune, ward, town level (Form No. 13/GDTX);

14. Decision exempting from executing the remaining period of the Decision on applying educational measures at commune, ward, town level (Form No. 14/GDTX);

15. Decision temporarily suspending the execution of the Decision on applying educational measures at commune, ward, town level (Form No. 15/GDTX);

16. Decision terminating the application of management measures at home (Form No. 16/QLGĐ);

17. Certificate of completion of the term of education at commune, ward, town level (Form No. 17/GDTX);

18. Summary of personal history of those proposed to apply educational measures at commune, ward, town level or management measures at home (Form No. 18/GDTX-QLGĐ);

19. Application for permission to leave place of residence (Form No. 19/GDTX);

20. Summons (Form No. 20/GDTX).

Article 4. Printing and managing forms

1. Public Security units and localities when printing the forms prescribed in Article 3 of this Circular must print uniformly on A4 paper; shall not arbitrarily change the content or form of the forms; shall be responsible for managing the printing, distribution, use of the forms, and maintaining records to monitor them.

2. The funds for printing and managing the forms prescribed in Article 3 of this Circular shall be sourced from the regular operating expenses of Public Security units and localities guaranteed and supported by the local budget.

Article 5. Effective Date

This Circular takes effect from November 10, 2014, and replaces Decision No. 1522/2005/QĐ-BCA(V19) dated October 27, 2005, of the Minister of Public Security on issuing forms for use when applying administrative educational measures at commune, ward, and town levels.

Article 6. Responsibility for Implementation

1. The Director of the Administrative Police Management Department is responsible for organizing the implementation, directing, inspecting, and guiding the management and use of the forms according to this Circular.

2. The Heads of Departments under the Ministry, the Heads of Units directly under the Ministry, the Directors of Provincial Public Security Services, the Directors of Provincial Fire Prevention and Fighting Services, centrally governed cities, and related organizations and individuals are responsible for implementing this Circular. During the implementation process, if there are difficulties or obstacles, Public Security units and localities, agencies, organizations, and individuals related to the matter shall report to the Ministry (through the Administrative Police Management Department) for timely guidance.