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What is the record of coercive collection of money and property to execute the decision on sanctioning administrative violations? Sample minutes of coercive collection of money and property to execute the decision on sanctioning administrative violations in 2021? Guidelines for drafting a minutes of coercive collection of money and property to execute the decision on sanctioning administrative violations?

When an individual, agency or organization commits an administrative violation, the individual, agency or organization shall be subject to sanctions on handling of administrative violations in accordance with law. Accordingly, when receiving decision to sanction administrative violations of the competent authority, the subject of the violation must be responsible for implementing the contents under that decision. If within a certain time, that subject does not perform, the competent agency will conduct enforcement.

In which, the coercive collection of money and property to execute decisions on sanctioning administrative violations is a commonly applied activity, and when conducting this activity, the competent authority must make a record in accordance with the law. provisions of law. Therefore, the following article will guide you to understand clearly about the minutes of coercive collection of money and property to execute the decision on sanctioning administrative violations and some necessary information related to this issue.

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1. What is the record of coercive collection of money and property to execute the decision on sanctioning administrative violations?

Minutes of coercive collection of money and property for the execution of a decision on sanctioning an administrative violation is a document made to record the coercive collection of money and property, thereby serving as the basis for the execution of the decision on sanctioning of administrative violations. administrative penalties. In which: Decision on sanctioning of administrative violations means a written decision of a competent person to apply sanctions to sanction administrative violations against individuals and organizations that commit administrative violations.

The form of written record on coercive collection of money and property for enforcement of decisions on sanctioning administrative violations is used to record legal events that have occurred about the coercive collection of money and property of the subject of the violation. coercive execution of decisions sanctioning administrative violations After committing a violation, he/she deliberately disperses assets for others to keep as prescribed in Article 86 of the Law on Handling of Administrative Violations.

Accordingly, Article 86 of the Law on Handling of Administrative Violations stipulates as follows:

– Coercive enforcement of sanctioning decisions is applied in cases where individuals or organizations sanctioned for administrative violations fail to voluntarily comply with sanctioning decisions as prescribed in Article 73 of this Law. Article 73 provides for the enforcement of administrative sanctioning decisions that individuals or organizations sanctioned for administrative violations must comply with the sanctioning decisions within 10 days from the date of receipt of the sanctioning decisions. administrative violations; in case the decision on sanctioning of administrative violations has an execution time limit of more than 10 days, such time limit shall be followed.

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Coercive measures include:

a) Deduct part of salary or income, deduct money from the account of the violating individual or organization;

b) Distraint property with a value corresponding to the fine amount for auction;

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c) Collect money and other properties of subjects subject to enforcement of decisions on sanctioning of administrative violations which are kept by other individuals or organizations in case individuals or organizations intentionally disperse their assets after committing violations. produce.

d) Forcible implementation of remedial measures specified in Clause 1, Article 28 of this Law.

The remedial measures in Article 28 are:

a) Forcible restoration of the original state;

b) Forcible dismantling of works or parts of works built without permits or constructed in contravention of permits;

c) Forcible implementation of measures to remedy environmental pollution and disease spread;

d) Forcible removal from the territory of the Socialist Republic of Vietnam or re-export of goods, articles and means;

dd) Forcible destruction of goods and articles harmful to human health, domestic animals, plants and the environment, cultural products with harmful contents;

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e) Forcible correction of false or misleading information;

g) Forcible removal of infringing elements on goods, goods packaging, means of business, articles;

h) Forcible recall of products or goods that fail to ensure quality;

i) Forcible return of illegal profits obtained from the commission of administrative violations or forcible return of money equal to the value of material evidences and means of administrative violations that have been illegally consumed, dispersed or destroyed under the law;

k) Other remedial measures prescribed by the Government.

2. Sample minutes of coercive collection of money and property for enforcement of decisions on sanctioning administrative violations:

Form of minutes of coercive collection of money and property for execution of decisions on sanctioning of administrative violations (Form No. 05) is issued together with Decree No. 97/2017/ND-CP dated August 18, 2017

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

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—————

REPORT

Coercive collection of money and property to execute decisions on sanctioning administrative violations*

Execution of the Decision on coercive collection of money and property to execute the decision on sanctioning of administrative violations No…./QD-CCXP dated…./…./…….. of(2) …….

Today, on…./…./…….., at (3)……

We include:

1. The agency in charge of enforcement:

a) Full name:….. Position: …….

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Organ: ……..

b) Full name: …………. Position: …..

Organ:………..

2. Coordinating agency (4):

a) Full name: …………. Position:.. ….

Organ: ………

b) Full name: …………. Position:.. ……

Organ: ……….

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3. In the presence of:

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a) Full name (5):………… Occupation: …….

Accommodation today: ……..

b) Full name (6): …….. Position:.. …………

Organ: ……

Compulsory collection of money and property to execute the decision on sanctioning of administrative violations against the following named :

<1. Full name>: ………….. Gender: ………….

Date of birth:…./…./…….. ……………. Nationality: ………

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Job:…..

Current place of residence: …………

Personal identification number/ID/Passport:…….; Date Range:…./…./……..;
issued by: …..

<1. Name of violating organization>:… ……

Head office address: ………….

Business code:…….

Investment/enterprise registration certificate number or establishment/operation registration certificate number:

………….

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Date Range:…./…./…… ; issued by:…….

Legal representative(7): ………… Gender: ………….

Title(8): ………….

2. holding money and property(9):……..

Address(10): ……..

3. Coercive measures: Collect money and property from subjects subject to enforcement of decisions on sanctioning of administrative violations after committing violations, they deliberately disperse assets for other individuals or organizations to keep.

4. The amount of money and property to be confiscated, including:

a) Regarding cash:

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Currency (11):………….

Amount(12): …………

(Text:……………)

b) Regarding property:

STT Property name/description Unit Amount Characteristics Status Note

The coercion ended in…. hours…. minutes, days…./…./……..

This document includes…. sheet, made in 03 copies with the same content and value; read it back to the people named above, acknowledged it to be true and signed below; 1 copy is given to Mr.(Ms.)(13)……………….. is the individual subject to coercion/representative of the organization subject to coercion, Mr.(Ms.)(14)………………. being an individual/representative of an organization holding money and property, 01 copy, 01 copy transferred to the agency that issued the decision on enforcement.

The reason he (she)(15) ……. did not sign the minutes(16):……..

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PERSONAL / REPRESENTATIVE OF ORGANIZATION COMPLETED ONLY

(Signature, write full name)

PERSONAL / REPRESENTATIVE OF ORGANIZATION KEEP MONEY, ASSETS

(Signature, write full name)

GOVERNMENT REPRESENTATIVE

(Signature, specify position, full name)

WITNESSES

(Signature, write full name)

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RECORD MAKERS

(Signature, specify position, full name)

AGENCY REPRESENTATIVE CHAIR FOREVER

(Signature, specify position, full name)

REPRESENTATIVE OF COMBINING AGENCY COMBINED ONLY

(Signature, specify position, full name)

3. Guidelines for drafting minutes on coercive collection of money and property for enforcement of decisions on sanctioning administrative violations:

(1) The person making the record shall write the name of the agency of the person competent to make the record.

(2) The person who makes the record shall record the title and agency of the person who issued the decision to coerce the collection of money and property to execute the decision on sanctioning of administrative violations.

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(3) The record maker writes the address of the place where the record is made.

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(4) The person making the record shall record on a case-by-case basis: Full name and position of the representative of the coordinating agency mentioned in the decision on enforcement of the collection of money and property to execute the sanctioning decision. Administrative Violations.

(5) The person making the record records the full name and the name of the witness.

(6) The person making the record shall record the full name and position of the representative of the People’s Committee of the commune, ward or township where the coercion is conducted.

(7) The person making the record shall record the full name and the full name of the legal representative if it is a one-member limited liability company, a limited liability company with two or more members, a joint-stock company; write the full name of the business owner if it is a private enterprise; write the first and last name of the head of the organization that is not a business.

(8) The person who makes a record recording the title of the legal representative if it is a one-member limited liability company, a limited liability company with two or more members, a joint-stock company; write the title of business owner if it is a private enterprise; write the title of the head of the organization that is not an enterprise.

(9) The person making the record shall record the full name and full name of the individual/organization holding the money and assets of the subject of coercion.

(10) The person who makes the record shall write the address of the individual/organization holding the money and property of the subject of coercion.

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(11) The record maker clearly states the type of Vietnamese dong or foreign currency.

(12) The record maker clearly states the amount in numbers and words.

(13) The person making the record records the full name and surname of the individual being coerced/representative of the organization being coerced.

(14) The person making the record shall record the full name of the individual/representative of the organization holding the money and property of the subject of the coercion.

(15) The person making the record records the full name of the person who is absent or present but refuses to sign the minutes.

(16) The record maker clearly states the reason on a case-by-case basis: Not being present or deliberately avoiding or for other objective reasons….

Note: In all cases, the coerced individual/representative of the coerced organization, the individual/representative of the organization holding money or property is present or intentionally absent, and the representative of the presiding agency conducting coercion must invite the representative of the People’s Committee of the commune, ward or township where the coercion is conducted and at least 01 witness.

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