Imposing administrative penalties without recording minutes during patrols, handling administrative violations on waterways is implemented how?
How is the administrative penalty imposed without a report during patrols and handling of administrative violations on waterways carried out?
Pursuant to the provisions of Clause 1, Article 10 of Circular 36/2023/TT-BCA, the handling of violations during patrols and administrative penalties without a report on waterways is carried out as follows:
When detecting a violation subject to the penalty procedure without a report, the authorized person must issue an administrative penalty decision on the spot. If the individual or organization violating does not immediately comply with the penalty decision, relevant documents can be temporarily seized in the following order:
The Certificate of Competence of the ship's captain, vehicle operation certificate, vehicle registration certificate, or a valid confirmation from a financial institution for mortgaged vehicles, the Technical Safety and Environmental Protection Certificate of the vehicle, the Chief Engineer's Certificate of Competence, or other documents related to the evidence and vehicle as prescribed by law to ensure compliance with the penalty decision.
How is the administrative penalty imposed without a report during patrols and handling of administrative violations on waterways carried out? (Image from the internet)
How is the administrative penalty imposed with a report during patrols and handling of administrative violations on waterways carried out?
Pursuant to the provisions of Clause 2, Article 10 of Circular 36/2023/TT-BCA, the handling of violations during patrols and administrative penalties with a report on waterways is carried out as follows:
- When detecting an administrative violation subject to a penalty with a report, the officer shall make an administrative violation report according to regulations.
The administrative violation report is prepared using a pre-printed form or on the Administrative Violation Handling System;
- Upon completion of the administrative violation report, the officer reads it to the individuals named in the report; guides them about their rights and the timeframe for submitting a statement about the administrative violation according to Article 61 of the Law on Handling of Administrative Violations 2012.
Request the violator or representative of the violating organization to provide a contact telephone number (if any) to receive penalty information through the National Public Service Portal, the Ministry of Public Security Public Service Portal; sign the report (if the violator or representative of the violating organization cannot sign, they shall mark their fingerprints), except in cases where the report is prepared and sent electronically;
If witnesses, interpreters, damaged parties, or representatives of damaged organizations are present, they must also sign the report. In cases where the administrative violation report includes multiple pages, each page must be signed or marked with fingerprints;
- In cases where the violator or representative of the violating organization is not present at the violation site, or deliberately avoids, or due to objective reasons does not sign or mark fingerprints on the report, or is present but refuses to sign or mark fingerprints on the report, the officer shall clearly record the reason in the report.
The patrol team leader invites a representative of the communal authority where the violation occurred or at least one witness to sign the confirmation of the violator's refusal to sign the report and must report in writing to the unit's head for the competent authority to make a penalty decision or use professional technical means to record images for handling; do not erase or correct the contents recorded in the administrative violation report;
- The administrative violation report must be handed to the individual or organization in violation, except in cases where the individual or organization in violation cannot be identified.
In cases where a minor commits an administrative violation, the report is also sent to their parents or guardians;
If the violator or representative of the violating organization is not present at the place where the administrative violation report is made or is present but refuses to receive or there is evidence indicating that the individual or organization is avoiding receiving the report, the delivery of the administrative violation report is carried out in accordance with Article 70 of the Law on Handling of Administrative Violations 2012 regarding the delivery of penalty decisions for enforcement.
The administrative violation report can be prepared and sent electronically if the authority of the penalizing person, the individual, or the violating organization meets the infrastructure, technical, and information conditions.
How are waterway vehicles stopped by the Waterway Police?
Pursuant to the provisions of Clause 3, Article 8 of Circular 36/2023/TT-BCA, the regulation on stopping waterway vehicles by the Waterway Police is as follows:
When stopping a waterway vehicle for inspection, it must be based on the traffic density, conditions, and characteristics of the traffic route to ensure safety and the normal flow of other vehicles and carried out as follows:
- During the day, direct the flag signal "K Flag" towards the vehicle to be inspected, wave three times vertically from top to bottom, and simultaneously emit a long signal, a short signal, and another long signal;
- At night, direct the light signal towards the vehicle to be inspected, emit one long flash, one short flash, and another long flash, and simultaneously emit a long signal, a short signal, and another long signal;
In addition to the aforementioned signals, a loudspeaker can be used to instruct the vehicle to stop or slow down for inspection.
Circular 36/2023/TT-BCA takes effect from September 16, 2023.
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