Circular No. 79/2022/TT-BQP stipulates on the issuance, management, and use of forms in handling administrative violations within the purview of the Ministry of National Defense.

CIRCULAR

Regulations on issuing, managing, and using forms in handling administrative violations within the scope of management of the Ministry of National Defense
administrative violation within the purview of the Ministry of National Defense

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 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;

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 request of the Commander of the Vietnam Coast Guard and 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.

Clause 2. In cases where other forms need to be used in handling administrative violations that are not regulated in this Circular, they shall be implemented in accordance with the relevant legal regulations.

Article 2. Applicability

This Circular applies to persons authorized to issue administrative violation records, persons authorized to impose administrative penalties; organizations and individuals who commit administrative violations and agencies, 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

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

Point 2. The issuance, management, and use of forms in handling administrative violations shall be carried out in accordance with the laws on handling administrative violations and this Circular.

Point 3. Information technology applications may be utilized for managing and using forms in handling administrative violations within the scope of management of the Ministry of National Defense.

Article 4. Forms and Issuance of Forms

Point 1. This Circular hereby issues 11 forms for use in handling administrative violations by agencies and units under the Ministry of National Defense.

Point 2. The forms prescribed in Point 1 of this Article shall be printed on A4 paper (210mm x 297mm), and the record book for administrative penalty tracking shall be printed on A3 paper (297mm x 420mm); these forms shall be issued in both printed and electronic formats.

Article 5. Management and Use of Forms

Point 1. Agencies and units authorized to handle administrative violations shall use the forms prescribed in Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing certain provisions and implementation measures of the Law on Handling Administrative Violations, and those forms containing sections for recording the names of authorized handlers or participants in administrative violation proceedings currently working in the Military shall supplement information about rank, position, and unit according to the regulations of the Ministry of National Defense.

Point 2. The Legal Department of the Ministry of National Defense shall advise and assist the Minister of National Defense in overseeing and inspecting the work of managing and using forms for handling administrative violations by agencies, units, and persons authorized to manage, issue administrative violation records, and impose administrative penalties under the Ministry of National Defense.

Point 3. Agencies and units of persons authorized to impose administrative penalties shall be responsible for printing, managing the forms prescribed in Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government and the forms issued along with this Circular; providing forms to persons authorized to issue administrative violation records, persons authorized to impose administrative penalties, and participants in administrative violation proceedings under their jurisdiction; maintaining records of form usage by the agency or unit.

Point 4. Heads of agencies and units, persons authorized to issue administrative violation records, and persons authorized to impose administrative penalties shall base their decisions on legal regulations, functions, tasks, authorities, and practical circumstances of administrative violation handling to use appropriate forms that meet the requirements and contents of each case in compliance with legal regulations.

Point 5. When used, forms must be presented in either printed or electronic format. Agencies, persons authorized, and participants in administrative violation handling may use forms provided to them or print forms according to the regulations.

Point 6. Entries in forms must be accurate, clear, legible, in the same type and color of ink, without erasures, and without local dialects; the content recorded in forms can be handwritten or typed out on paper using printing devices.

Point 7. Entries in forms must be continuous, without blank spaces left unfilled, with page numbers indicated, and crossed out in unused portions of the text; if forms have attached appendices or lists, they must clearly indicate that such appendices or lists are attached. If forms are created in multiple copies, the content recorded in the forms must be identical across all copies.

Article 6. Effectiveness

Point 1. This Circular takes effect from December 22, 2022.

Point 2. This Circular replaces Circular No. 78/2019/TT-BQP dated June 11, 2019 of the Minister of National Defense regulating the issuance, management, and use of forms in handling administrative violations within the scope of management of the Ministry of National Defense.

Article 7. Responsibility for Implementation

Point 1. Heads of agencies and units and individuals concerned are responsible for implementing this Circular.

Point 2. The Director of the Legal Department, the Commander of the Border Guard Force, the Commander of the Vietnam Coast Guard, the Director of the State Cryptographic Service, the Chief Justice of the Military Court, the Inspector General of the Ministry of National Defense, and the Director of the Enforcement Bureau of the Ministry of National Defense are responsible for implementing this Circular.

Point 3. During the implementation process, if there are difficulties or obstacles, agencies and units shall report to the Ministry of National Defense (through the Legal Department) for resolution./.