Is it lawful if I am fined by the traffic police without making a record of administrative violations in Vietnam?
- Is it lawful if I am fined by the traffic police without making a record of administrative violations in Vietnam?
- If the violator does not sign the record of administrative violations, does the record have legal validity?
- What are the regulations on the time limit for making records of administrative violations in Vietnam?
Is it lawful if I am fined by the traffic police without making a record of administrative violations in Vietnam?
In Article 56 of the 2012 Law on Handling Administrative Violations in Vietnam stipulating administrative sanction without record taking as follows:
Administrative sanction without record taking
1. Administrative sanction without record taking is applicable in cases of warning or fines of up to VND 250,000 for individuals, VND 500,000 for organizations and the persons with sanctioning competence must make decisions of administrative sanctions on the spot.
In case administrative sanctions are detected thanks to using technical, professional equipment, means, the record must be taken.
2. Decisions of administrative sanctions on the spot must be written clearly the information of date of decisions; full name, address of violators or name, address of violating organizations; acts of violations; venues of violations; evidences and details related to the violation settlement; full name, position of persons who make sanctioning decisions; articles, clauses of applicable legal documents. In case of fines, there must be the fine levels in the decisions.
Thus, in the case of being warned or fined under VND 250,000 for individuals and VND 500,000 for organizations by the Traffic Police, a record of administrative violations will not be made. If not in the above two cases, the traffic police are not following the regulations.
Is it lawful if I am fined by the traffic police without making a record of administrative violations in Vietnam? (Image from the Internet)
If the violator does not sign the record of administrative violations, does the record have legal validity?
In Article 58 of the 2012 Law on Handling Administrative Violations in Vietnam, as amended by Clause 29, Article 1 of the 2020 Law on Amendments and Supplements to certain articles of Law on Handling Administrative Violations on making records of administrative violations as follows:
Making records of administrative violations
1. When detecting acts of administrative violations under their respective management, competent persons on duty must promptly make written records of administrative violations, except for cases in which violations arising from failure to make such records are sanctioned as prescribed in clause 1 of Article 56 herein.
If an administrative violation occurs aboard aircraft, a seagoing vessel or train, the pilot in command, vessel captain or trainmaster shall make a record of that administrative violation and immediately issue it over to the person authorized to sanction administrative violations whenever that aircraft, seagoing vessel or train arrives at the airport, terminal or train station.
2. An administrative violation record must be made at the scene of that violation. If an administrative violation record is made at the office of the person authorized to make administrative violation records or at other places, the reasons for this must be clearly stated in the record.
3. An administrative violation record must contain the following main information:
a) Recording time and venue;
b) Information about the record maker, violating person or entity, individuals or entities involved;
c) Time and location when and where the violation occurs; case or violation description;
d) Testimony of the violator or representative of the violating entity, the witness, the victim or representative of the organization suffering loss or damage;
dd) Injunction and guarantee measures;
e) Rights and duration of explanation.
4. An administrative violation record must be made into at least 2 copies and signed by the record maker and the violator or the representative of the violating organization, unless the record is made under the provisions of Clause 7 of this Article.
In case the violator or the representative of the violating organization does not sign the record, the record must bear the signature of the representative of the local authority of the commune where the violation occurs, or of at least 01 witness certifying the violating person or organization has not signed the record; In case there is no signature of the representative of the commune-level local authority or the witness, the reasons for this must be clearly stated in the record.
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Thus, in case the violator or the representative of the violating organization does not sign the record, the record must bear the signature of the representative of the local authority of the commune where the violation occurs, or of at least 01 witness certifying the violator has not signed the record, the record is still valid.
What are the regulations on the time limit for making records of administrative violations in Vietnam?
The time limit for making records of administrative violations is specified in Clause 2, Article 12 of Decree No. 118/2021/ND-CP as follows:
- The record of administrative violations shall be issued within 02 working days from the day on which the administrative violation is detected;
- For the case that consists of multiple complex circumstances or has a large scale and causes effects to legal rights and interests of organizations or individuals, the record of administrative violations shall be issued within 05 working days from the day of detecting the administrative violation;
- If the administrative violation is detected by professionally technical equipment or it is required to determine the value of exhibits, means of the violation, assess, inspect and verify relevant details, the record of administrative violations shall be issued within 03 working days from the day on which the violator is identified by professionally technical equipment or from the date of receiving the result of valuation of exhibits or means of the violation, assessment, inspection and verification of relevant details;
- If the administrative violation is committed on an aircraft, ship or train, a person entitled to issue record of administrative violations or the aircraft commander, the captain or ship master shall issue a notice and transfer it to a person entitled to impose penalties for administrative violations within 02 working days from the date on which the aircraft, ship or train arrives at an airport, port or railway station;
- If a case having multiple different administrative violations, in which there is an administrative violation which is detected by professionally technical equipment or it is required to determine the value of exhibits, means of the violation, assess, inspect and verify relevant details, the record of administrative violations shall be issued for violations in such case within 03 working days from the day on which the violator is detected by professionally technical equipment or from the date of receiving full result of valuation of exhibits or means of the violation, assessment, inspection and verification of relevant details.
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