Vietnam: Will the traffic violator on waterways who has their vehicle temporarily confiscated be given 01 copy of the decision on the temporary confiscation of the vehicle?
- Vietnam: Will the traffic violator on waterways who has their vehicle temporarily confiscated be given 01 copy of the decision on the temporary confiscation of the vehicle?
- What are cases where waterway police are allowed to stop vehicles for inspection in Vietnam?
- Are waterway police authorized to temporarily retain the following documents of traffic violators in Vietnam?
Vietnam: Will the traffic violator on waterways who has their vehicle temporarily confiscated be given 01 copy of the decision on the temporary confiscation of the vehicle?
Pursuant to the regulations stated in Point b, Clause 2, Article 11 of Circular 36/2023/TT-BCA, the provisions are as follows:
Implement measures to prevent and ensure the handling of administrative violations and the enforcement of penalties for administrative violations.
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2. Temporary confiscation of exhibits, means of administrative violations, licenses, professional certificates
a) When detecting acts of violation as prescribed by the law that require temporary confiscation of exhibits, means of administrative violations, licenses, professional certificates, the patrolling and controlling team shall notify the violator, the representative of the violating organization, and relevant parties; proceed to draw up an administrative violation report; draw up a temporary confiscation report for exhibits, means, licenses, professional certificates; make a decision on temporary confiscation according to the authority or report to the authorized person to make a decision on the temporary confiscation of exhibits, means, licenses, professional certificates as prescribed; if the exhibits, means need to be sealed, they shall be sealed according to the provisions of the law;
b) Within 24 hours from the time of drawing up the temporary confiscation report, the person who drew up the report must report to the authorized person about the temporary confiscation of exhibits, means of administrative violations, licenses, professional certificates for consideration of a temporary confiscation decision; the decision on temporary confiscation must be handed over to the violator, the representative of the violating organization in one copy.
If a decision on temporary confiscation is not made, the exhibits, means of administrative violations, licenses, professional certificates must be returned immediately according to the regulations.
For cases where the exhibits are perishable goods, the temporary custodian must immediately report to the direct supervisor for handling; if they are damaged or lost, compensation must be made according to the provisions of the law;
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Therefore, based on the above regulations, within 24 hours from the time of drawing up the temporary confiscation report, the person who drew up the report must report to the authorized person about the temporary confiscation of exhibits, means of administrative violations, licenses, professional certificates for consideration of a temporary confiscation decision; the decision on temporary confiscation must be handed over to the violator, the representative of the violating organization in one copy.
Therefore, a traffic violator on waterways who has their vehicle temporarily confiscated will be given one copy of the decision on the temporary confiscation of the vehicle.
Vietnam: Will the traffic violator on waterways who has their vehicle temporarily confiscated be given 01 copy of the decision on the temporary confiscation of the vehicle? (Image from the Internet)
What are cases where waterway police are allowed to stop vehicles for inspection in Vietnam?
Pursuant to the regulations stated in Article 8 of Circular 36/2023/TT-BCA, the waterway police are allowed to stop vehicles for inspection in the following four cases while performing patrol and control duties according to the plan:
- Directly detecting or through specialized equipment, detecting and recording signs of legal violations.
- Implementing the directives, patrol and control plans, and work plans approved by the Chief of the Waterway Department, Chief of the Traffic Police Department, or the Chief of the District Police.
- With a written request from the Chief or Deputy Chief of the investigating agency at all levels or relevant authorities to stop vehicles for inspection to serve the tasks of national security protection, ensuring order, and social safety.
- Receiving reports or information about violations of the law related to individuals and vehicles participating in traffic.
When stopping vehicles for inspection, the waterway police must ensure the following requirements:
- Safety and compliance with legal regulations, without causing obstruction to traffic. Once the vehicle is stopped, the police must carry out the inspection and handle any violations (if applicable) according to the provisions of the law.
- Choosing a control location that meets the requirements of depth, width, openness, and unobstructed visibility; ensuring that the vehicle stop and inspection are conducted publicly and transparently.
- In the case of stopping and inspecting vehicles transporting flammable, explosive, hazardous substances, or other dangerous goods, in addition to meeting the requirements mentioned above, measures must be taken to ensure the safety of guiding the vehicles away from residential areas or areas with no people before stopping and conducting the inspection.
Are waterway police authorized to temporarily retain the following documents of traffic violators in Vietnam?
Pursuant to the regulations stated in Clause 1, Article 10 of Circular 36/2023/TT-BCA, when detecting violations that are subject to punishment without the need for a protocol, the authorized person to impose administrative penalties must make an immediate decision on the spot.
In cases where individuals or organizations who committed violations do not immediately comply with the decision on administrative penalties, they have the right to temporarily retain the related documents in the order specified in Point d, Clause 2, Article 11 of Circular 36/2023/TT-BCA to ensure compliance with the decision on administrative penalties.
Pursuant to Point d, Clause 2, Article 11 of Circular 36/2023/TT-BCA, the waterway police are authorized to temporarily retain the following documents of traffic violators:
- Certificate of competency of the boat captain
- Vehicle driving license
- Vehicle registration certificate or valid confirmation from a credit institution for pledged vehicles
- Technical safety and environmental protection certificate of the vehicle
- Certificate of competency of the chief engineer
- Other documents related to exhibits, vehicles as required by the law to ensure compliance with the decision on administrative penalties.
If the violator does not possess the aforementioned documents, the waterway police may temporarily retain the administrative violator's vehicle to ensure compliance with the decision on administrative penalties.
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