What papers of traffic violators can the traffic police impound? How long is the statute of limitations for administrative handling of traffic violations in Vietnam?
In what cases can the traffic police stop a vehicle to control it?
Pursuant to the provisions of Clause 1, Article 16 of Circular No. 65/2020/TT-BCA stipulating cases where traffic police are allowed to stop traffic vehicles for control include:
- 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 transport 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;
- Reporting, reporting, recommendations and denunciations of organizations and individuals about illegal acts of people and vehicles participating in road traffic.
What papers of traffic violators can the traffic police impound? How long is the statute of limitations for administrative handling of traffic violations in Vietnam? (Image from the Internet)
What papers of traffic violators can the traffic police impound?
Pursuant to Clause 2, Article 82 of Decree No. 100/2019/ND-CP (amended by Point b, Clause 32, Article 2 of Decree No. 123/2021/ND-CP) stipulating 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 2012 Law on Handling Administrative Violations in Vietnam stipulating 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.
Thus, to ensure the implementation of the penalty imposition decision or to verify the facts before issuing the penalty imposition decision, 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.
Besides, next to traffic can impound the citizen identity card of the traffic violator if at the time of the traffic violation, the traffic violator does not carry the vehicle registration certificate, driving license, or relevant papers as specified above.
How long is the statute of limitations for administrative handling of traffic violations in Vietnam?
Pursuant to the provisions of Article 6 of the 2012 Law on Handling Administrative Violations in Vietnam (amended by Point a, Clause 4, Article 1 of the 2020 Law on Amendments to certain articles of Law on Handling of Administrative Violations) as follows:
Statute of limitations for handling of administrative violations
1. The statute of limitations for administrative violation sanction is regulated as follows:
a) The limitation period for imposition of an administrative penalty shall be 01 year, except in the following cases:
The limitation period for imposition of sanctions against administrative violations arising from the following sectors and activities: accounting; invoices; fees and charges; insurance business; price management; securities; intellectual property; construction; fishery; forestry; investigation, planning, exploration, extraction and use of water resources; oil and gas and other mining activities; environmental protection; atomic energy; management and development of houses and offices; land; levees; press; publishing; commodity production, export, import and trading; manufacturing and trading of banned and counterfeit goods; foreign worker management, the statute of limitations for sanctioning administrative violations, shall be 02 years.
The limitation period for imposition of sanctions against administrative violations arising from taxes shall be subject to laws on tax administration;
b) The time to calculate the statute of limitations for administrative sanctions regulated at Point a, Clause 1 of this Article shall be regulated as follows:
For administrative violations have ended, the statute of limitations shall be from the termination of violations.
For administrative violations being done, the statute of limitations shall be from the time of detecting violations;
c) In the case of administrative sanctions for individuals transferred by proceeding agencies, the statute of limitations shall be applicable according to the provisions of Points a and b of this Clause. The period when proceeding agencies handle, consider the case shall be included in the statute of limitations for administrative sanctions.
d) Within the period specified in points a and b of this Clause, individuals, organizations deliberately evade or obstruct the sanctioning, the statute of limitations for administrative sanctions shall be re-calculated from the time terminating the acts of evading or obstructing the sanctioning.
Thus, the statute of limitations for administrative handling of traffic violations shall be 01 year.
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