Circular No. 65/2023/TT-BCA stipulates the authority of the heads of business units under certain police departments to impose administrative penalties in the fields of national security, public order, social safety; prevention and control of social evils; fire prevention and fighting; rescue and relief; prevention and control of domestic violence. This document shall take effect from January 1, 2024.
적용 범위
[Those with the authority to impose administrative penalties], individuals and organizations in Vietnam and abroad subject to penalties, and related individuals and organizations in matters of imposing administrative penalties in the aforementioned fields.
핵심 사항
- The head of a business unit under the Political Security Investigation Department has the authority to impose administrative penalties concerning internal political security.
- The head of a business unit under the Administrative Management Police Department for Social Order has the authority to impose administrative penalties related to weapons, explosives, and industries with conditions regarding security and order.
- The head of a business unit under the Traffic Police Department has the authority to impose administrative penalties in the field of road traffic, railways, and inland waterways.
- The head of a business unit under the Fire Prevention and Fighting and Rescue Department has the authority to impose administrative penalties concerning fire prevention and fighting and rescue operations.
- The head of a business unit under the Cybersecurity and High-Tech Crime Prevention Department has the authority to impose administrative penalties related to cybersecurity and high-tech crimes.
🌐 이 문서의 사회적 영향
- Enhance the effectiveness in handling administrative violations concerning national security, public order, and social safety.
- Help competent agencies perform their tasks more clearly and transparently.
- It may create a burden on businesses that have to comply with many new regulations.
- Citizens benefit because they are better protected in the fields of national security and public order.
❓ 자주 묻는 질문
When does this circular take effect?
Circular No. 65/2023/TT-BCA takes effect from January 1, 2024.
Which agencies have the authority to impose administrative penalties?
The heads of business units under the Political Security Investigation Department, the Administrative Management Police Department for Social Order, the Traffic Police Department, the Fire Prevention and Fighting and Rescue Department, the Cybersecurity and High-Tech Crime Prevention Department, and the Immigration Management Department.
What document does this circular replace?
Circular No. 65/2023/TT-BCA replaces Circular No. 10/2015/TT-BCA dated February 11, 2015, issued by the Minister of Public Security.
Who is responsible for guiding and supervising the implementation of this circular?
The Administrative Management Police Department for Social Order is responsible for guiding, urging, and inspecting the implementation of Circular No. 65/2023/TT-BCA.
Who must comply with this circular?
Heads of units under the Ministry, Provincial Police Chiefs, Chief of Municipal Police Departments directly under the Central Government, and related organizations and individuals must implement Circular No. 65/2023/TT-BCA.
전문
CIRCULAR
Regulations on the Head of Business Departments of the People's Public Security having the authority to impose administrative penalties in the field of national security, public order, social safety; prevention and combating social evils; fire prevention and fighting; rescue and relief; prevention and combating domestic violence
Having the authority to impose administrative penalties for violations in the fields of national security, public order, social safety; prevention and combating social evils; fire prevention and fighting; rescue and relief; prevention and combating domestic violence
public order and social safety; prevention and control of social evils; fire prevention and fighting;
rescue operations; prevention and control of domestic violence
Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;
Pursuant to the Law on the Public Security Organs dated November 20, 2018; the Law Amending and Supplementing Certain Articles of the Law on the Public Security Organs dated June 22, 2023;
Pursuant to Decree No. 118/2021/NĐ-CP dated December 23, 2021, issued by the Government, detailing certain provisions and measures to implement the Law on Handling Administrative Violations;
Pursuant to Decree No. 144/2021/NĐ-CP dated December 31, 2021 of the Government stipulating administrative penalties for violations in the fields of national security, public order, social safety; prevention and combating social evils; fire prevention and fighting; rescue and relief; prevention and combating domestic violence;
Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;
1. Amending and supplementing Clause 2 and Clause 3 of Article 3 as follows:
The Minister of Public Security issues this Circular regulating the Heads of Business Departments of the People's Public Security having the authority to impose administrative penalties in the fields of national security, public order, social safety; prevention and combating social evils; fire prevention and fighting; rescue and relief; prevention and combating domestic violence.
Article 1. Scope of Regulation
This Circular regulates the authority to impose administrative penalties in the fields of national security, public order, social safety; prevention and combating social evils; fire prevention and fighting; rescue and relief; prevention and combating domestic violence of the Heads of Business Departments under the Political Security Bureau; Administrative Management Police Department; Traffic Police Department; Fire Prevention and Fighting and Rescue and Relief Department; Cybersecurity and High-Tech Crime Prevention Department; Immigration Management Department.
Article 2. Applicability
This Circular applies to:
Article 3. Positions of the Heads of Business Departments of the People's Public Security having the authority to impose administrative penalties in the fields of national security, public order, social safety; prevention and combating social evils; fire prevention and fighting; rescue and relief; prevention and combating domestic violence.
1. Positions with the authority to impose administrative penalties as stipulated in Article 3 of this Circular.
2. Vietnamese individuals and organizations; foreign individuals and organizations (hereinafter referred to as individuals and organizations) subject to administrative penalties in the fields of national security, public order, social safety; prevention and combating social evils; fire prevention and fighting; rescue and relief; prevention and combating domestic violence.
3. Individuals and organizations related to the imposition of administrative penalties in the fields of national security, public order, social safety; prevention and combating social evils; fire prevention and fighting; rescue and relief; prevention and combating domestic violence.
Article 3. Positions of the Heads of Business Departments of the People's Public Security having the authority to impose administrative penalties in the fields of national security, public order, social safety; prevention and combating social evils; fire prevention and fighting; rescue and relief; prevention and combating domestic violence.
1. Heads of Business Departments under the Political Security Bureau include: Head of Internal Protection Department for Central Party and State Organs; Head of Security Department for Judicial, Legislative, and Political-Social Organizations at the Central Level; Head of Security Department for Press, Publishing; Head of Security Department for Health, Education; Head of Security Department for Culture, Sports, and Social Welfare; Head of Security Department for Postal Services, Telecommunications, and Information Technology; Head of National Administration Department for State Secrets Protection.
2. Heads of Business Departments under the Administrative Management Police Department include: Head of Guidance and Management Department for Weapons, Explosives, Supporting Tools, and Fireworks; Head of Guidance and Management Department for Industries and Professions with Conditions Related to Security and Order and Seals; Director of the National Population Data Center.
3. Heads of Business Departments under the Traffic Police Department include: Head of Guidance, Propaganda, Investigation, and Resolution of Traffic Accidents Department; Head of Registration and Inspection of Vehicles Department; Head of Training, Examination, and Management of Driving Licenses for Motor Vehicle Drivers Department; Head of Patrol and Control of Road and Rail Traffic Department; Head of Traffic Control and Escort Department; Head of Patrol and Control and Struggle Against Crimes on Inland Waterways Department; Commander of Water Rescue Team.
4. Heads of Business Departments under the Fire Prevention and Fighting and Rescue and Relief Department include: Head of Fire Prevention Work Department; Head of Review Department for Fire Prevention and Fighting; Head of Fire Fighting and Rescue Work Department; Head of Science and Technology Management and Inspection of Fire Prevention and Fighting, Rescue and Relief Equipment Department.
5. Heads of Business Departments under the Cybersecurity and High-Tech Crime Prevention Department include: Head of Department for Combating High-Tech Crimes Using Cyberspace to Violate Economic Order; Head of Department for Combating High-Tech Crimes Using Cyberspace to Violate Social Order; Head of Cyber Information Security Department; Head of National Network Information System Security Protection Department; Head of Network Information Monitoring and Combating Activities Using Cyberspace to Violate National Security Department.
Article 4. Effective date
6. Heads of Business Departments under the Immigration Management Department include: Head of Entry and Exit Management Department for Foreign Nationals; Head of Exit and Entry Management Department for Vietnamese Citizens.
Article 5. Responsibilities for Implementation
Article 19. This Circular shall take effect from January 1, 2024 and replace Circular No. 10/2015/TT-BCA dated February 11, 2015 of the Minister of Public Security detailing administrative penalties in areas related to national security and public order, social safety.
1. The Administrative Management Police Department is responsible for guiding, urging, and inspecting the implementation of this Circular.
2. Heads of units under the Ministry, Directors of Provincial Public Security Departments directly under the Central Government, and relevant organizations and individuals are responsible for implementing this Circular.
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