Do traffic violators receive penalty information through the National Public Service Portal, the Ministry of Public Security Public Service Portal?
Can Traffic Violators Receive Penalty Information Through the National Public Service Portal or the Ministry of Public Security’s Public Service Portal?
Under point b, clause 2, Article 20 of Circular 32/2023/TT-BCA which regulates administrative violation penalties with a record.
Handling Violations During Patrols and Inspections
2. Administrative violation penalties with a record
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b) After drafting the administrative violation report, the officer drafting the report shall read it aloud to those named in the report; inform them of their rights and the timeframe for objections regarding the administrative violation according to Article 61 of the Law on Handling of Administrative Violations (amended and supplemented in 2020); request the violator to provide a contact phone number (if any) to receive penalty information through the National Public Service Portal or the Ministry of Public Security’s Public Service Portal; sign the report (if the violator cannot sign, then fingerprinting is required), except for cases where the report is drafted according to clause 7, Article 58 of the Law on Handling of Administrative Violations (amended and supplemented in 2020). If there are witnesses, interpreters, the affected person, or representatives of the affected organization, these individuals must also sign the report; if the report consists of multiple pages, each page must be signed.
Thus, according to the above regulation, after drafting the administrative violation report, the officer drafting the report requests the violator to provide a contact phone number (if any) to receive penalty information through the National Public Service Portal or the Ministry of Public Security’s Public Service Portal.
Can traffic violators receive penalty information through the National Public Service Portal or the Ministry of Public Security’s Public Service Portal? (Image from the Internet)
How Are Violations Handled When Violators Intentionally Avoid Signing or Fingerprinting the Report?
Under Article 20 of Circular 32/2023/TT-BCA regulating the handling of violations during patrols and inspections.
Handling Violations During Patrols and Inspections
Administrative violation penalties are implemented according to the law on handling administrative violations and the following regulations:
1. Administrative violation penalties without a report
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c) In cases where the violator is not present at the violation site, intentionally evades, or for objective reasons does not sign or fingerprint the report, or is present but refuses to sign or fingerprint the report, or in cases where the violator cannot be identified, the leader of the Traffic Police Team shall invite a representative of the local government where the violation occurred or at least one witness to sign the report confirming that the violator did not sign or fingerprint the report; if there is no signature from the local government representative or the witness, the traffic police officer must clearly note the reason in the report. Use professional technical equipment to document the incident and report to the unit leader in writing as a basis for the competent person to consider and decide on the penalty.
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As directed in point c, clause 2, Article 20 of Circular 32/2023/TT-BCA:
In cases where the violator is not present at the violation site, intentionally evades, or for objective reasons does not sign or fingerprint the report, or is present but refuses to sign or fingerprint the report, or in cases where the violator cannot be identified, the leader of the Traffic Police Team shall invite a representative of the local government where the violation occurred or at least one witness to sign the report confirming that the violator did not sign or fingerprint the report;
If there is no signature from the local government representative or the witness, the traffic police officer must clearly note the reason in the report. Use professional technical equipment to document the incident and report to the unit leader in writing as a basis for the competent person to consider and decide on the penalty.
How is the Administrative Violation Report Delivered to Traffic Violators?
The delivery of the administrative violation report to the violator is regulated under point d, clause 2, Article 20 of Circular 32/2023/TT-BCA as follows:
- The delivery of the administrative violation report to the violator is conducted according to Article 58 of the Law on Handling Administrative Violations 2012 and Article 12 of Decree 118/2021/ND-CP dated December 23, 2021, of the Government of Vietnam, detailing several articles and implementation measures of the Law on Handling Administrative Violations.
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