VietnameseCircular No. 145/2010/TT-BQP dated October 29, 2010 of the Ministry of National Defense guiding implementation measures on person custody according to administrative procedure of border guards, marine police
ATTRIBUTE
Circular No. 145/2010/TT-BQP dated October 29, 2010 of the Ministry of National Defense guiding implementation measures on person custody according to administrative procedure of border guards, marine police
| Issuing body: | Ministry of National Defence | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 145/2010/TT-BQP | Signer: | Phan Trung Kien |
| Type: | Circular | Expiry date: | Updating |
| Issuing date: | 29/10/2010 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Administration , Administrative violation , National Security |
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Effect status: Known
THE MINISTRY OF NATIONAL DEFENCE ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------- |
No. 145/2010/TT-BQP | Hanoi, October 29, 2010 |
CIRCULAR
GUIDING IMPLEMENTATION MEASURES ON PERSON CUSTODY ACCORDING TO ADMINISTRATIVE PROCEDURE OF BORDER GUARDS, MARINE POLICE
Pursuant to the July 02, 2002 Ordinance on handling of administrative violations; the April 02, 2008 Ordinance on amending and supplementing a number of articles of The Ordinance on handling of administrative violations;
Pursuant to the Governmental Decree No.162/2004/ND-CP, of September 07, 2004, promulgating regulation of person custody according to administrative procedure;
Pursuant to the Governmental Decree No.19/2009/ND-CP, of February 19, 2009, supplementing and amending some of articles of the regulation of person custody according to administrative procedure, attached together with the September 07, 2004 Decree No.162/2004/ND-CP;
Pursuant to the Governmental Decree No.104/2008/ND-CP, of September 16, 2008 providing function, tasks, powers and organizational structure of The Ministry of National Defense
At the proposal of the Border Guard Commander,
At the proposal of the Border Guard Commander,
Chapter I
GENERAL PROVISION
Article 1. Governing scope
This Circular guides implementation measures on person custody according to administrative procedure of Border Guard, Marine Police and regime of ensuring for person in custody.
Article 2. Subject of application
1. Vietnamese citizens, foreigners who have administrative violations in section managed by Border Guard, Marine Police, in case international treaties which the Socialist Republic of Vietnam is a member, have different provision, shall implement according to those international treaties.
2. Persons who have authority of person custody according to administrative procedure of Border Guard, Marine Police.
Article 3. Applying measures of person custody according to administrative procedure
1. Applying measures of person custody according to administrative procedureshall be only conducted in case for purpose which the authorities of Border Guard, Marine Police have time to conduct verifying, making clear on record, nature, seriousness of violations and importance circumstances relation to violations which are bases to make decision of sanctioning of administrative violations or ensure for handling of administrative violations.
2. Violation cases may apply measure of person custody according to administrative procedure.
a) Violation of treaty on border regulation, regulation of land border area, regulation of marine border area, regulation of land border gate; violation in territorial waters and continental shelf of Vietnam;
b) It is necessary to prevent, suspend rightly acts disturb public order or cause wounds for other person which happen in the area of border, island, territorial waters and continental shelf of Vietnam;
c) Person in custody according to hunted decision of competent person (district public security, headmasters of reform school, directors of education establishments, treatment establishments).
3. Persons who have authorities for person custody according to administrative procedure of Border Guard, Marine Police, when apply measure of temporary custody must obey provisions in Article 44 of the Ordinance on handling of administrative violations, the Governmental Decree No.162/2004/ND-CP, of September 07, 2004, on promulgating regulation of person custody according to administrative procedure, the Governmental Decree No.19/2009/ND-CP, of February 19, 2009, on supplementing and amending some of articles of the regulation of person custody according to administrative procedure, attached together with the September 07, 2004 Decree No.162/2004/ND-CP (the regulation of person custody according to administrative procedure) and this Circular.
Article 4. Form of document using in person custody according to administrative procedure
Adopting together with this Circular forms of documents using in person custody according to administrative procedure as following:
1. Form No.01: Authorization paper.
2. Form No.02: Minutes of delivering, receiving administrative violator.
3. Form No.03: Decision on person custody according to administrative procedure.
5. Form No.04: Decision on forwarding dossier of administrative violation with criminal sign to examine for penal liability.
4. Form No.05: Decision on extending limit-time of person custody according to administrative procedure.
6. Form No.06: Announcement on temporary custody of administrative violator.
7. Form No.07: Book of monitor person in custody according to decision of hunting of authorities because of administrative offences.
Article 5. Dossier of person custody according to administrative procedure
1. Units of Board Guard, Marine Police have authority of person custody according to administrative procedure must make temporary custody dossier for monitoring, in that must update, note, record fully and specific problems relating to temporary person custody.
2. Dossier of person custody includes the following documents:
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