Can the traffic police in Vietnam temporarily seize the citizen ID cards of traffic violators?
Can the traffic police in Vietnam temporarily seize the citizen ID cards of traffic violators?
Pursuant to Clause 2, Article 82 of Decree 100/2019/ND-CP (amended by point b, Clause 32, Article 2 of Decree 123/2021/ND-CP) stipulates as follows:
Impounding vehicles and papers related to operators and vehicles at fault
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2. To ensure the implementation of the penalty imposition decision or to verify the facts before issuing the penalty imposition decision, the person entitled to impose penalties may impound the vehicle and papers related to the operator that commits one of the offences in this Decree according to clause 6 and clause 8 Article 125 of the Law on Penalties for Administrative Violations (amended in 2020). When the papers are impounded according to clause 6 Article 125 of the Law on Penalties for Administrative Violations, if the violator fails to settle the case at a competent agency after the arranged date and keeps operating the vehicle, that person shall incur a penalty for operating a vehicle without papers.
At the same time, based on Clause 6, Article 125 of the Law on Handling of Administrative Violations 2012, it is stipulated as follows:
Custody of material evidences and/or means of the administrative violations, permits, professional practice certificates according to administrative procedures
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6. Where the sanctioning form of fine is applied only to violating individuals or organizations, the persons with sanctioning competence may temporarily seize one of papers of kinds under order as follows: the driving licenses or permits for circulation of means or other necessary relevant papers related to material evidences and/or means of violations until such individuals or organizations completely execute the sanctioning decisions. If the violating individuals or organizations do not have the above-mentioned papers, the persons with sanctioning competence may temporarily seize the material evidences and/or means of violations, except for case specified in clause 10 of this Article.
Accordingly, the traffic police can temporarily seize one of the traffic violators' papers such as driver license, vehicle registration papers or other documents related to the offending vehicle.
If the violator fails to present one of the above documents, the traffic police can impound the offending vehicle.
Therefore, the traffic police are not entitled to keep the citizen ID card or any other type of identification of the traffic violators.
Can the traffic police in Vietnam temporarily seize the citizen ID cards of traffic violators?
What is the time limit for temporarily seizing material evidences and/or means of violations in Vietnam?
Pursuant to Clause 8, Article 125 of the Law on Handling of Administrative Violations 2012 as amended by Point b, Clause 64, Article 1 of the Law on amendments and supplements to certain Articles of the Law on Handling of Administrative Violations 2020 stipulates as follows:
Custody of material evidences and/or means of the administrative violations, permits, professional practice certificates according to administrative procedures
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8. The time limit of temporarily seizing material evidences and/or means of violations, permits, or professional practice certificates is 07 days, after day of temporarily seizing. The time limit of temporarily seizing may be prolonged for cases with complex facts, need verify but not exceeding 30 days, as from the days of temporarily seizing material evidences, permits, professional practice certificates.
For cases specified in paragraph 2, clause 1, Article 66 of this Law, which need have more time to certify, the competent persons solving cases must report to their direct heads in writing in order to request for extension of temporary seize; the extension must presented in writing, time limit of extension not exceeding 30 days.
The time limit of temporarily seizing material evidences and/or means of violations, permits, professional practice certificates is calculated from time point when material evidences and/or means of violations, permits, professional practice certificates are temporarily seized in reality.
The time limit of temporarily seizing material evidences and/or means of violations, permits, professional practice certificates not exceeding time limit of issuing decision on sanctioning administrative violations specified in Article 66 of this Law, except from case specified in point c, clause 1 of this Article.
Accordingly, the traffic police can temporarily impound the violating vehicle for a maximum of 07 days from the date of seizure. 10 working days from the date of custody.
The time limit for impounding the violating means of transport may be longer than the above-mentioned time limit in some other cases where the law provides otherwise.
When will the traffic police in Vietnam be allowed to stop traffic vehicles for control?
Pursuant to the provisions of Clause 1, Article 16 of Circular 65/2020/TT-BCA stipulating cases where traffic police are allowed to stop traffic vehicles for control according to their tasks, the plan includes:
- Directly detect or through professional technical means and equipment detect and record violations of the law on road traffic and other violations of the law;
- Implement orders and plans on general control of road vehicles, plans on patrol, control and handling of violations according to thematics approved by competent authorities;
- There is a written request of the head or deputy head of the investigating agency; A written request from the relevant functional agency on stopping the means of traffic for control in service of ensuring security and order, fighting against crime and other violations of the law. The written request must specify the time, route and means of traffic to stop for control, handling, and forces participating in coordination;
- Reports, recommendations and denunciations of organizations and individuals about illegal acts of people and vehicles participating in road traffic.
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