How are Traffic Violators Who Deliberately Avoid Signing or Fingerprinting on the Record Handled?
How is the traffic offender who intentionally avoids signing or fingerprinting the record handled?
Article 20 of Circular 32/2023/TT-BCA stipulates the handling of violations during patrol and control.
Handling violations during patrol and control
The handling of administrative violations is carried out in accordance with the law on handling administrative violations and the following provisions:
1. Administrative fines without making a record
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c) In case the violator is not present at the violation site or intentionally avoids or for objective reasons does not sign, fingerprint the record, or is present but refuses to sign, fingerprint the record, or the violator cannot be identified, the Head of the Traffic Police Team invites a representative of the local government where the violation occurred or at least one witness to sign the record confirming that the violator did not sign, fingerprint the record; if there is no signature from the local government representative or a witness, the Traffic Police officer must clearly state the reason in the record. Use technical means and equipment to record the incident and report to the unit head in writing as a basis for the competent authority to consider and decide on the penalty.
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Clause c, paragraph 1, Article 20 of Circular 32/2023/TT-BCA guides the handling of cases where a traffic violator intentionally avoids signing or fingerprinting the record as follows:
In case the violator intentionally avoids or for objective reasons does not sign, fingerprint the record, or is present but refuses to sign, fingerprint the record, the Head of the Traffic Police Team invites a representative of the local government where the violation occurred or at least one witness to sign the record confirming that the violator did not sign, fingerprint the record.
If there is no signature from the local government representative or a witness, the Traffic Police officer must clearly state the reason in the record. Use technical means and equipment to record the incident and report to the unit head in writing as a basis for the competent authority to consider and decide on the penalty.
How is the traffic offender who intentionally avoids signing or fingerprinting the record handled? (Image from the Internet)
Can a traffic offender receive penalty information through the National Public Service Portal, the Ministry of Public Security Public Service Portal?
Clause b, paragraph 2, Article 20 of Circular 32/2023/TT-BCA stipulates the handling of administrative violations with a record.
Handling violations during patrol and control
2. Handling administrative violations with a record
a) When detecting an administrative violation that requires a record, the Traffic Police officer makes an administrative violation record as prescribed. The administrative violation record is made using pre-printed forms or on the Administrative Violation Processing Database System;
b) After making the administrative violation record, the officer reads it to those mentioned in the record; advises on the rights and time limit for explanation of administrative violations according to Article 61 of the Law on Handling of Administrative Violations (amended and supplemented, 2020); requests the violator to provide a contact phone number (if any) to receive penalty information through the National Public Service Portal, the Ministry of Public Security Public Service Portal; signs the record (if the violator cannot sign, they will fingerprint), except for cases where the record is made according to Clause 7, Article 58 of the Law on Handling of Administrative Violations (amended and supplemented, 2020). In cases where there are witnesses, interpreters, victims, or representatives of harmed organizations, they must also sign the record; if the administrative violation record comprises multiple pages, each page must be signed.
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Thus, according to the above provision, after making the administrative violation record, the officer requests the violator to provide a contact phone number (if any) to receive penalty information through the National Public Service Portal, the Ministry of Public Security Public Service Portal.
How is the administrative violation record delivered to the traffic offender?
The delivery of the administrative violation record to the offender is stipulated in Clause d, paragraph 2, Article 20 of Circular 32/2023/TT-BCA as follows:
Handling violations during patrol and control
The handling of administrative violations is carried out in accordance with the law on handling administrative violations and the following provisions:
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d) The delivery of the administrative violation record to the violator is carried out under Article 58 of the 2012 Law on Handling of Administrative Violations and Article 12 of Decree 118/2021/ND-CP.
The completed administrative violation record must be delivered to the individual or organization committing the administrative violation, except in cases where the individual or organization committing the administrative violation cannot be identified.
In cases where administrative violations are beyond the fining authority of the record maker, the record and other documents must be transferred to the competent authority for penalty within 24 hours from the time the record is made.
In case the violator is a minor, the record must also be sent to their parents or guardian.
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