Instruct reporting regime on law enforcement on handling administrative violations

Circular 01/2023/TT-BTP stipulates eliminating duplicate reporting criteria. Photo: Internet

The development of Circular 01 aims to concretize the provisions of the Law on administrative violations, which are amended and supplemented under the provisions of Law No. 67/2020/QH14 related to the responsibilities of the Ministry of Justice in regulating the reporting regime, statistical data form in the handling of administrative violations; create a specific and transparent legal framework, streamline the reporting regime, facilitate reporting on law enforcement on handling administrative violations, contributing to improving the effectiveness and efficiency of state administration.

In addition, meeting the practical requirements of management of law enforcement in handling administrative violations; promptly removing difficulties and obstacles arising in practice, and ensuring the consistency of the legal system.

Circular 01/2023/TT-BTP provides eight articles, regulating the reporting regime, including reporting responsibility; reporting period, data closing time and report submission deadline; form and method of submitting reports; the report outline form and the forms used to summarize the data attached to the report and amendment and supplementation of content and data in the report.

Accordingly, the reporting regime on law enforcement in handling administrative violations is applied to ministries and ministerial-level agencies; Vietnam Social Insurance; Supreme People’s Court; State Audit; People’s Committees at all levels; specialized agencies under the People’s Committees of provinces and centrally run cities and central organizations, including People’s Courts; State Audit; Police; Border Guard; Coast Guard; Customs; Fisheries control; Tax; Market surveillance; civil judgment enforcement agencies; State Treasury; State Bank branch; centralized statistical organization; the Social Insurance Agency and other central government organizations.

Circular 01 stipulates that the reporting agency is responsible for reporting fully, honestly and accurately the contents of the report outline form and report data forms and ensuring the data closing time and report submission deadline.

At the same time, the circular also provides the responsibilities of summarizing and reporting of organizations under central agencies located in provinces and centrally run cities; ministries, ministerial-level agencies, government agencies located in provinces and centrally run cities and chairpersons of People’s Committees at all levels.

The Circular provides specific guidance on reporting on law enforcement on handling administrative violations including periodic reports; planned reports and random reports.

The deadline for closing the data and for sending the report to the Ministry of Justice is in accordance with the Government’s regulations on the reporting regime of state administrative agencies (Decree 09/2019/ND-CP). The Circular specifies the time limit for sending reports of ministries, sectors and People’s Committees at all levels to the Ministry of Justice to summarize and report to the Government and the Prime Minister.

Circular 01 also stipulates the use of electronic written reports with digital signatures to be consistent with the policy of using digital signatures for electronic documents of state agencies.

To create favorable conditions for agencies to make reports, Circular 01 also stipulates a relatively diverse and flexible method of sending reports to the reporting agency, in line with reality. Accordingly, agencies, ministries, sectors and provincial People’s Committees can send directly or send via postal service, fax, email as an image file (PDF format), digitally signed electronic document, the document management system and other methods.

In order to meet the practical requirements, and simplify the report outline forms and report data form, Circular 01 eliminates duplicate and unnecessary reporting criteria, minimizes the information in the report outline form and report data forms, contributing to removing difficulties and obstacles in the practice, reducing the administrative burden for the reporters.

Circular 01/2023/TT-BTP will take effect from March 3, 2023.