Circular No. 78/2019/TT-BQP on the issuance, management, and use of forms in handling administrative violations within the purview of the Ministry of National Defense

CIRCULAR

regulations on the issuance, management, and use of forms in handling administrative violations

within the scope of management of the Ministry of National Defense

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

Pursuant to Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing some provisions and implementing measures of the Law on Handling Administrative Violations; Decree No. 97/2017/NĐ-CP dated August 18, 2017 of the Government amending and supplementing certain articles of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing some provisions and implementing measures of the Law on Handling Administrative Violations;

Based on Decree No. 164/2017/NĐ-CP dated December 30, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Director of the Legal Department of the Ministry of National Defense;

The Minister of National Defense issues this Circular to regulate the issuance, management, and use of forms in handling administrative violations within the scope of management of the Ministry of National Defense.

Article 1. Scope of Regulation

Article 1. This Circular regulates the issuance, management, and use of forms in handling administrative violations within the scope of management of the Ministry of National Defense.

2. In cases where it is necessary to apply other forms in the implementation of laws on handling administrative violations that are not provided for in this Circular, they shall be implemented in accordance with the relevant legal documents.

Article 2. Applicability

This Circular applies to individuals and organizations committing administrative violations; persons authorized to prepare records, persons authorized to impose administrative penalties, and organizations and individuals related to the handling of administrative violations within the scope of management of the Ministry of National Defense.

Article 3. Principles for issuing, managing, and using forms

1. Forms used in handling administrative violations shall be uniformly issued, managed, and used for agencies, units, persons authorized to prepare records, and persons authorized to impose administrative penalties under the Ministry of National Defense.

2. The use of forms in handling administrative violations shall comply with the provisions of the law on handling administrative violations and this Circular.

3. No self-issuance or use of forms in handling administrative violations contrary to the provisions of this Circular and relevant laws.

Article 4. Forms and Issuance of Forms

1. Attached to this Circular is an Appendix containing forms used in handling administrative violations within the scope of management of the Ministry of National Defense.

2. Forms shall be used on A4 size paper (210mm x 297mm); Registers for tracking administrative penalty enforcement shall be used on A3 size paper (297mm x 420mm).

3. The forms prescribed in Clause 1 of this Article shall be issued in printed form and electronic form.

Article 5. Management and Use of Forms

1. The Legal Department shall assist the Minister of National Defense in monitoring and inspecting the management, issuance, and use of forms attached to this Circular for agencies, units, and persons authorized to manage, prepare records, and impose administrative penalties under the Ministry of National Defense.

2. Heads of agencies and units authorized to manage and impose administrative penalties shall manage the forms attached to this Circular; issue forms to agencies, units, persons authorized to prepare records, and persons authorized to impose administrative penalties under their jurisdiction.

3. Heads of agencies and units, persons authorized to prepare records, and persons authorized to impose administrative penalties shall decide on the use of appropriate forms based on the provisions of the law, functions, tasks, and practical circumstances of administrative violation handling work.

4. When using forms, they must be in printed or electronic form. Agencies and persons authorized may use pre-printed forms or print forms according to the regulations.

Article 6. Recording Forms

1. Forms must be recorded accurately, clearly, legible, written in the same type and color of ink, without erasure, and without local dialects; the content recorded in the forms can be handwritten or typed out on paper using printing devices (with annotations indicating the content at the form).

2. Recording forms must be continuous, without leaving blank spaces, and numbered pages; upon completion of recording, any remaining blank space in the document must be crossed out diagonally.

Handling decisions on administrative violations that are incorrect

a) Amendments, supplements, corrections to decisions on handling administrative violations shall be carried out in accordance with the provisions of Article 6a of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing some provisions and implementing measures of the Law on Handling Administrative Violations (supplemented by the provisions of Clause 8, Article 1 of Decree No. 97/2017/NĐ-CP dated August 18, 2017 of the Government amending and supplementing certain articles of Decree No. 81/2013/NĐ-CP).

b) Revocation and issuance of new decisions on handling administrative violations shall be carried out in accordance with the provisions of Article 6b of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing some provisions and implementing measures of the Law on Handling Administrative Violations (supplemented by the provisions of Clause 9, Article 1 of Decree No. 97/2017/NĐ-CP dated August 18, 2017 of the Government amending and supplementing certain articles of Decree No. 81/2013/NĐ-CP).

c) The time limit for carrying out amendments, supplements, corrections, revocations, and issuance of new decisions on handling administrative violations shall be carried out in accordance with the provisions of Article 6c of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing some provisions and implementing measures of the Law on Handling Administrative Violations (supplemented by the provisions of Clause 10, Article 1 of Decree No. 97/2017/NĐ-CP dated August 18, 2017 of the Government amending and supplementing certain articles of Decree No. 81/2013/NĐ-CP).

d) The effect, validity period, and statute of limitations for enforcing decisions on amendments, supplements, revocations, new decisions on handling administrative violations, and correction documents for decisions on handling administrative violations shall be carried out in accordance with the provisions of Article 6d of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing some provisions and implementing measures of the Law on Handling Administrative Violations (supplemented by the provisions of Clause 11, Article 1 of Decree No. 97/2017/NĐ-CP dated August 18, 2017 of the Government amending and supplementing certain articles of Decree No. 81/2013/NĐ-CP).

Article 7. Effective Date

This Circular takes effect from August 1, 2019, and replaces Circular No. 97/2014/TT-BQP dated July 16, 2014 of the Minister of National Defense on the issuance, management, and use of forms in administrative penalty enforcement within the scope of management of the Ministry of National Defense; Decision on Administrative Penalties (Form No. 55/QĐ-PTHA), Decision on Administrative Penalties under Summary Procedure without Record Preparation (Form No. 55a/QĐ-PTHA), Administrative Violation Record (Form No. 64/PTHA) issued together with Circular No. 96/2016/TT-BQP dated June 28, 2016 of the Minister of National Defense on inspection work and business forms for civil execution in the Military.

Article 8. Responsibility for Implementation

1. The Chief of General Staff, Director of the General Political Department, Heads of agencies and units, and individuals concerned are responsible for implementing this Circular.

2. The Head of the Legal Department, the Director of the Government Communication Service Board, the Commander of the Border Guard Force, the Commander of the Coast Guard, the President of the Central Military Court, the Inspector General of the Ministry of National Defense, and the Director of the Execution Bureau of the Ministry of National Defense shall be responsible for implementing this Circular.

3. In the process of organizing implementation, if any difficulties arise in using the forms, agencies, units, and individuals shall report to the Ministry of National Defense (through the Legal Department) for consideration and decision./.