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How is the form of a record of reviewing the hiding place of material evidences and means of administrative violations prescribed? An example protocol for finding where to hide evidence and administrative resources? Guidelines for writing minutes? Procedures for searching places where material evidences and administrative assets are hidden?
Searching the hiding place of material evidences and means of administrative violations is a solution to prevent administrative violations, ensure the handling of administrative violations for characters and means of administrative violations and according to the procedures prescribed by law. regulations. . When searching places where administrative violation material evidences and means are hidden, a record of search of the place where administrative violation material evidences and means are hidden must be made, and this record is valid as evidence in some cases.
1. What is the format of the minutes of review of the hiding places of material evidences and properties of administrative violations?
The form of minutes of search of places where material evidences and means of administrative violations are hidden is a record recording the search process of places where material evidences and means of administrative violations are hidden.
Minutes of search of places where material evidences and means of administrative violations are hidden is a form of minutes made to record the search of places where material evidences and means of administrative violations are hidden.
2. Sample order of searching administrative evidence and cache:
SOCIALIST REPUBLIC OF VIETNAM
Independence-Freedom-Happiness
—————
REPORT
Searching for exhibits and means of administrative violations*
Implementation of the Decision on search of places to hide material evidences, solutions for administrative violations No.……/QD-KNCGTVPT dated …../…./…….. of (2) …………
Today, at ….hour….minute, date……/…./………….. at (3) …………
We include:
1. Full name:……, rank:………….., position:…………….., unit:……………………..
Full name: …………, rank: ………….., position: ………….., unit: ……………….
2. In the presence of (4):
a) Full name (5):…………… Occupation:……
Where to live today: …………
b) Full name (6):…………….. Occupation:……
Where to live today: …………
c) Full name (6): …………….. Occupation: …………
Current residence: ……………………
d) Full name(7): ………….. Position: …………..
Organ: ………
Take the test(8) …………
is a place where there are grounds to believe that material evidences and means of administrative violations are hidden according to Decision No.……./QD-KNCGTVPT dated …./…. /…… of 2) ………
1. After searching the hiding place, material evidences and means of administrative violations have been discovered, including (9):
……
2. Demonstration opinion of the search place owner (adult in the family):
…………
3. Witness’s opinion:
…………
4. Other additional comments (if any):
…………
In addition to the acts and administrative violations mentioned above, we did not detect anything else.
The exam ends at… now…. minutes (10), day…../…/…….
The entire group map at the search place was arranged in the correct position at the beginning, no damage or loss occurred.
This document consists of… one sheet, including… copies of equal content and value; read it back to the people named above, confirm that it is correct and sign below; authorization Mr (Ms.) (5) ……………………………………………………. being the owner of the searched location or an adult in that person’s family/representative of the organization that is the owner of the searched location, 01 copy for record keeping.
LOCATION OF IMPLEMENTATION ORGANIZATION OWNER/ REPRESENTATIVE OF SERVICE OWNER
(Sign)
(First and last name)
GOVERNMENT WOMEN REPRESENTATIVE
(Sign)
(Specify title, first and last name)
WITNESS WOMEN
(Sign)
(First and last name)
MEMORY
(Sign)
(Specify rank, first and last name)
DISCUSSION OF SMALL DECISIONERS
(Signed and sealed)
(Specify rank, position, full name)
3. Instructions for making minutes:
– Fill full 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 search the hiding place of material evidences and property of administrative violations.
(3) Enter the address where the minutes are made.
(4) In case the owner of the searched location or an adult in their family/representative of the organization who is the owner of the searched location, is absent and the search cannot be delayed, the competent person shall make a record. must invite. representative of the place of search and 02 witnesses.
(5) Enter the full name, address, and address of the owner of the searched location or an adult in his or her family/representative of the organization who is the owner of the searched location.
(6) Enter the full name of the witness.
(7) Write down the full name and position of the representative of the commune-level People’s Committee, the residential group, or the small neighborhood where the material evidences and means of administrative violations are hidden.
(8) Specify the address of the place of examination.
(9) Enter the name, quantity, accounting unit, brand, type, characteristics, and condition of the detected material evidences and means of administrative violations (if many, make a separate statistical report).
(10) It is forbidden to search the place where material evidences and administrative violation solutions are hidden at night, except in urgent cases or when the search is being carried out but the search has not yet been completed but the reason must be clearly stated in the minutes. .
4. Procedures for searching the hiding places of administrative material evidences and properties:
According to the Law on Handling of Administrative Violations, regulations on:
Article 129. Searching of places where material evidences and means of administrative violations are hidden
1. The search of places where administrative violation material evidences and means are hidden may only be carried out when there are grounds to believe that such is the place where administrative violation material evidences and means are hidden.
2. The persons specified in Clause 1, Article 123 of this Law have the right to decide to search the hiding places of material evidences and means of administrative violations; if the place where the material evidences and means of administrative violations are hidden is the residence, the district-level People’s Committee chairpersons shall be requested to consider and decide.
3. When searching the place where the material evidences and means of administrative violations are hidden, the owners of the places being searched or adults in their families and witnesses must be present. In case the owner of the place being searched and the adult members of their family are absent and cannot postpone the search, there must be a representative of the government and 02 witnesses.
4. Not to search the place where the material evidences and means of administrative violations are hidden at night, except in urgent cases or the search is being carried out but has not been completed but the reason must be clearly stated in the minutes.
5. All cases of searching places where material evidences and means of administrative violations are hidden must be decided in writing and recorded in writing. Decisions and minutes on search of places where material evidences and means of administrative violations are hidden must be authorized by the owners of the places being searched.
According to the above regulations, searching places where material evidences and means of administrative violations are hidden is a solution to prevent administrative violations and ensure the handling of administrative violations. exhibits and means of administrative violations. resources . be concealed and according to remedial procedures prescribed by law, and only persons prescribed by law can decide to search the places where material evidences and means of administrative violations are hidden. In case the place of hiding of material evidences and means of administrative violations is a residence, the search decision must be approved in writing by the chairperson of the district-level People’s Committee before being carried out for all cases of searching the storage place. Hold. the concealment of material evidences and solutions for administrative violations must be decided in writing and recorded in writing.
In addition, Article 81. Procedures for expropriation of material evidences and solutions for administrative violations stipulates:
1. The confiscation of material evidences and properties of administrative violations specified in Article 26 of this Law must be recorded in writing by a person with sanctioning competence. The minutes must clearly state the name, quantity, type, registration number (if any), condition and quality of the object of administrative violation, money, goods and natural resources confiscated and must be signed by the owner. own. own. the person making the confiscation decision, the sanctioned person or the representative of the sanctioned organization and the witnesses; In case the sanctioned person is absent or the representative of the sanctioned organization is absent, there must be two witnesses. For material evidences and solutions for administrative violations that must be sealed, they must be sealed right in front of the sanctioned persons, representatives of sanctioned organizations or witnesses. The sealing must be recorded in the minutes.
With regard to material evidences and resources of administrative violations being temporarily seized, if the person with sanctioning competence sees that the state of such material evidences or resources has changed compared to the time when the decision on temporary seizure is issued, a record must be made. of such changes.changes; the minutes must be signed by the registrant, the person responsible for supervision and the witness.
2. Expropriated administrative violation material evidences and properties must be managed and preserved according to the Government’s regulations.
handle confiscated administrative violation material evidences and properties as follows:
The seized material evidences and means of administrative violations shall be handled as follows:
+ For material evidences of administrative violations being Vietnamese currency, foreign currency, valuable certificates, gold, silver, ruby, precious metals to be remitted into the state budget; For papers, documents and vouchers related to material evidences and means of administrative violations, the authorization shall be transferred to the agency assigned to manage and use the property specified at Point d of this Clause; For material evidences and means of administrative violations being drugs, weapons, explosives, supporting means, objects of historical value, cultural value, national treasures, antiques, forest products precious and rare objects, objects banned from circulation and other valuable objects must be handed over to specialized agencies. State administrative agencies to manage and handle according to the provisions of law; For material evidences and properties of administrative violations that have been decided by a competent authority to authorize a state agency to manage and use, the agency that has issued the decision on expropriation must take the main responsibility and coordinate with the competent authority. state agency. financial authorities sanction administrative violations according to regulations. administrative violations, organizations themselves transfer authorization to state agencies for management and use; For material evidences and properties of administrative violations that are confiscated outside the cases prescribed by law, they shall hire an auction organization with many years of experience in the areas of the provinces and centrally run cities where the violations have occurred to carry out the activities. conduct violations. auction; In case an auction organization cannot be hired, an auction council shall be established.
Based on the foregoing, the search of the place where the material evidences and means of administrative violations are hidden must comply with the provisions of law and there must be a record on the search of the places where the material evidences and means are hidden. concealed administrative violations. conceal, make evidence when necessary, this is all specific information according to the provisions of current law
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