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What is the form of a written record of coercive collection of money and property for the enforcement of administrative penalties? Sample minutes of coercive collection of money and property to enforce administrative penalties? Instructions and notes for making records? Procedures for coercive collection of money and property to enforce administrative penalties?

Sanctioning of administrative violations means the application of sanctioning forms and remedial measures by persons with sanctioning competence to individuals or organizations that commit administrative violations in accordance with the law on handling of administrative violations. administrative penalties. For some cases where it is necessary to apply coercive collection of money and property to sanction administrative violations, a record must be made.

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1. What is the form of a written record of coercive collection of money and property for the enforcement of administrative penalties?

The form of written record of coercive collection of money and property for administrative violation sanctioning is a sample of a record of the enforcement of money and property collection for administrative violation sanctioning by a competent agency against individuals who commit administrative violations.

Minutes of coercive collection of money and property for enforcement decision to sanction administrative violations is a form of minutes made to record the coercive collection of money and property for the execution of decisions on sanctioning administrative violations.

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

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom – Happiness

—————

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-CCTTTS dated …./…./ of (2) ………….

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Today, on …./…../…………, at (3) ………………

We include:

1. The agency in charge of enforcement:

a) Full name ……., rank: …., position: ………….., unit: ……

b) Full name: ……., rank: …………., position: …………., unit: ……………

2. Coordinating agency(4):

a) Full name: …………., position: …………

Organ: …………

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b) Full name: …, position: ……

Organ: ………

3. In the presence of:

a) Full name (5): …………. Job: ………….

Accommodation today: ………

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

Accommodation today: ………

c) Full name(7): …………. Position: ………….

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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: ………….

Job: ………

Current residence: ……

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

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<1. Name of violating organization>: …

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Head office address: …..

Business code: …

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

Date Range: ……/…../………; issued by: …

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

Title(8): …………

2. holding money and property(9): ………………

Address(10): ……

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3. Coercive measures: Collecting money and property from the subject coercive execution of decisions sanctioning administrative violations After the violation, he intentionally disperses assets for other individuals or organizations to keep.

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

a) Regarding cash:

Currency (11): ……

Amount(12): …………

(Text: …………………………………………………………………………..).

b) Regarding property:

STT Property name/description Unit Amount Characteristics Status Note first 2 3 …

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

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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; assigned to Mr. (Ms.) (13) ……………………. being the coerced individual/representative of the coerced organization 01 copy, Mr (Mrs)(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 why Mr.(Ms)(15) …………………………………………………… did not sign the minutes(16):

INDIVIDUAL/REpresentative of the COMPLETED ORGANIZATION

(Sign)

(Specify full names)

RECORD MAKERS

(Sign)

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(Specify rank, first and last name)

PERSONAL / REPRESENTATIVE OF ORGANIZATION KEEPING MONEY, ASSETS

(Sign)

(Specify full names)

REPRESENTATIVE OF THE AGENCY PRESENTING FORCE

(Sign)

(Specify rank, first and last name)

GOVERNMENT REPRESENTATIVE

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(Sign)

(Please specify title, first and last name)

REPRESENTATIVE OF COOPERATION COOPERATION AGENCY

(Sign)

(Please specify title, first and last name)

WITNESSES

(Sign)

(Specify full names)

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3. Instructions and notes for making minutes:

3.1. Guide:

– Fill in all the information

(1) Enter the name of the agency of the person competent to make the minutes.

(2) Record the position 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.

(3) Enter the address where the minutes are made.

(4) Write on a case-by-case basis: Full name and position of the representative of the coordinating agency mentioned in the decision on enforcement of money and property collection for enforcement of the decision on sanctioning of administrative violations .

(5) Enter the full name of the witness.

(6) Enter the full name and position of the representative of the People’s Committee of the commune, ward or township where the enforcement is conducted.

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(7) Enter 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.

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(8) Enter 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) Enter the full name of the individual/organization holding money and assets of the subject of enforcement.

(10) Enter the address of the individual/organization holding money and assets of the subject of enforcement.

(11) Specify the type of Vietnamese Dong or foreign currency.

(12) Specify the amount in numbers and words.

(13) Enter the full name of the individual subject to enforcement/representative of the organization subject to enforcement.

(14) Enter the full name of the individual/representative of the organization holding money and assets of the subject of enforcement.

(15) Enter the full name of the person who is absent or present but refuses to sign the minutes.

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(16) Specify the reason on a case-by-case basis: Not being present or deliberately avoiding or for other objective reasons

3.2. 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 agency in charge of the enforcement is present. The enforcement agency must invite a representative of the People’s Committee of the commune, ward or township where the coercion is conducted and at least 1 witness

4. Coercive Procedures collection of money and property for enforcement of administrative penalties:

Pursuant to Decree No. 166/2013/ND-CP on coercive enforcement of decisions on sanctioning of administrative violations as follows:

In Article 6. Responsibilities for organizing the enforcement of decisions on enforcement are as follows:

1. The person who issues the decision on enforcement shall have to organize the implementation of the enforcement of the sanctioning decision of his/her own and that of his/her subordinates.

2. With regard to coercive decisions of the Presidents of the People’s Committees at all levels, the Presidents of the People’s Committees shall issue the coercive decisions based on the functions and tasks of the specialized agencies of the People’s Committee to classify them. the agency in charge of organizing the enforcement of the enforcement decision. The assignment of the presiding agency must be based on the principle that the case in the professional field of any agency shall be assigned to that agency; in case the case involves many agencies, based on each specific case to decide to assign one agency to assume the prime responsibility for organizing the enforcement of the enforcement decision.

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3. Related organizations and individuals are obliged to coordinate with the person competent to issue the coercive decision or the agency assigned to preside over the enforcement organization in taking measures to implement the coercive decision.

Follow Article 28. Conditions for application of coercive measures to collect money and assets of coerced subjects held by other individuals or organizations in case individuals or organizations intentionally disperse assets after committing violations:

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The coercive collection of money and property of the subject of coercion held by other organizations or individuals (hereinafter referred to as the third party) shall be applied when the following conditions are fully satisfied:

1. Persons competent to issue enforcement decisions are unable to apply or have applied the coercive measures specified in Sections 1, 2 and 3, Chapter II of this Decree, but have not yet collected the full amount of the fine or have not yet paid it. or underpayment of enforcement costs.

2. Persons competent to issue decisions on enforcement have grounds to determine that a third party is holding money and assets of the subject of enforcement.

Besides Article 31. The decision on coercive collection of money and property of the subject to be coerced is kept by a third party in the case that an individual or organization intentionally disperses assets after committing a violation:

A decision on coercive collection of money and property of the subject subject to coercion held by a third party in case individuals or organizations intentionally disperse assets after the violation, include the following contents: Decision number; date, month, year of decision; decision-making grounds; full name, position and unit of the decision maker; full name and address of the individual or organization subject to coercion; full name and address of the individual or organization holding money and assets; the amount and property to be confiscated; signature of the decision maker and seal of the decision-making body.

Pursuant to the provisions of Decree No.: 166/2013/ND-CP on the enforcement of decisions on sanctioning administrative violations, it can be seen that the law clearly stipulates the enforcement of decisions. sanctioning administrative violations and being forced to execute decisions on sanctioning administrative violations must take coercive measures caused by their violations.

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