Recently, on November 03, 2016, the Prime Minister of the Government of Vietnam officially issued Decision 50/2016/QD-TTg announcing the criteria for determining particularly difficult hamlets and communes in ethnic minority and mountainous areas for the period 2016 – 2020 after a period of public consultation on the Draft for this Decision.
On June 20, 2012, the National Assembly passed the Law on Handling Administrative Violations 2012 (hereinafter referred to as the Law on Handling Administrative Violations 2012), which took effect from July 1, 2013. Compared to the Ordinance on Handling Administrative Violations 2002 (which was amended and supplemented in 2007 and 2008), the Law on Handling Administrative Violations 2012 has many new provisions regarding the forms of handling, the authority to handle administrative violations, the sanctioning procedures, the implementation of decisions on sanctioning administrative violations, as well as the level of monetary fines...
In the Law on Handling Administrative Violations of 2012, the authority of the person who decides on the sanctioning of administrative violations (VPHC), the decision to temporarily detain a person, and the decision on enforcement is delegated to the deputy level when the principal is absent. However, the authority to decide on the inspection of means of transport, objects, to decide on the temporary detention of exhibits, means, documents, etc. is not delegated to the deputy level, causing significant difficulties for the functional agencies in execution.
The Law on Handling Administrative Violations (XLVPHC), ratified by the XIII National Assembly on June 20, 2012, and effective from July 1, 2013, is an important legal foundation contributing to ensuring administrative discipline; protecting security, order, social safety, and the lawful rights and interests of citizens and organizations. From the practical work of inspection, complaint resolution, denunciation, and anti-corruption, we have identified several inadequacies in the law regarding XLVPHC. To be specific:
The Ministry of Justice issued Official Dispatch 4218/BTP-VDCXDPL on November 28, 2016, in response to the provisions of the Law on Promulgation of Legal Documents of 2015 and Decree 34/2016/ND-CP. Some provisions in the two above-mentioned documents have been clarified by the Ministry of Justice upon the request of ministries, central authorities, and local authorities as follows:
The Ministry of Finance is drafting a Circular providing guidance on the preparation of accounting documents, accounting account methods, accounting book recording methods, preparation and presentation methods for financial reports, and State budget settlement reports applicable to State agencies, organizations, and public service providers that use or do not use the State budget (hereinafter referred to as administrative and non-business units).
In criminal proceedings, when the adjudicating agency makes certain mistakes causing damages, it is responsible for compensating the aggrieved party. Joint Circular No. 01/2016/TTLT-VKSNDTC-TANDTC-BCA-BTP-BQP-BTC-BNN&PTNT (referred to as Circular 01) amends and supplements several provisions concerning the state's compensation responsibility.
In recent times, the phenomenon of passenger buses catching fire continuously has raised numerous questions regarding ensuring safety when using this mode of transportation, particularly in terms of fire prevention and explosion protection for passenger buses.
For convenience in searching for legal regulations and simplifying the search for legal normative documents related to sanctioning violations in the field of taxation, the Ministry of Finance has consolidated the regulations on administrative penalty sanctions (APS) into a consolidated document 16/VBHN-BTC.
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