Decree No. 37/2005/ND-CP dated March 18, 2005 of the Government stipulating the procedures for application of coercive measures for execution of administrative violation-sanctioning decisions
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, March 18, 2005
STIPULATING THE PROCEDURES FOR APPLICATION OF COERCIVE MEASURES FOR EXECUTION OF ADMINISTRATIVE VIOLATION-SANCTIONING DECISIONS
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations;
At the proposal of the Minister of Public Security,
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Article 1.- Scope and objects of regulation
This Decree provides for the order and procedures for application of coercive measures for execution of administrative violation-sanctioning decisions, or decisions on application of measures to redress consequences caused by administrative violations in cases of non-sanction (called administrative coercion for short) against individuals or organizations that are sanctioned for administrative violations but fail to voluntarily execute the above-said decisions after the expiration of the voluntary execution duration or the expiration of the execution postponement duration.
Article 2.- Administratively coercive measures
Administratively coercive measures shall include:
1. Salary or income deduction; bank-deposit deduction;
2. Distrainment of property with a value equal to fine amount for auction;
3. Other coercive measures for confiscation of material evidences and/or means used for commission of administrative violations; forced restoration of the original state altered due to administrative violations or forced dismantlement of illegally constructed works; forced implementation of measures to overcome living-environment pollution or epidemics spread; forced taking out of the Vietnamese territory of articles which cause harms to human health, domestic animals and crops, baneful cultural products.
Article 3.- Sources of deducted money and distrained property of organizations subject to the application of coercive measures
1. For organizations being state agencies or armed force units which are subject to the administratively coercive measure of money deduction, property distrainment and payment of coercion expenses, deductions shall be made from state budget allocations to such agencies or units.
2. For state-run non-business units with revenues, armed force units allowed to conduct revenue-generating activities under law provisions, which are subject to money deduction, property distrainment and payment of coercion expenses, such amounts shall be taken from sources of revenue and property brought about by those activities.
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3. For political organizations, socio-political organizations, the money deduction, property distrainment and payment of coercion expenses shall be made from the money and property of such organizations, excluding properties which, as provided for by law, must not be used in order to fulfill the civil liabilities.
4. For social organizations, socio-professional organizations, social funds and charity funds, the money deduction, property distrainment, payment of coercion expenses shall be made from the money and property of such organizations or funds.
5. For enterprises (state enterprises, joint-stock companies, limited liability companies, joint-venture companies, companies with 100% foreign capital, private enterprises, cooperatives), the money deduction, property distrainment, payment of coercion expenses shall be made from the money, property or revenues in cash, or in kind of such enterprises.
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