Order of Reception, Collection of Data Obtained from Technical Devices for Detecting Administrative Violations in Traffic as Specified
Order of receiving and collecting data obtained from technical devices for detecting administrative violations in traffic regulations?
According to Clause 3, Article 10 of Circular 51/2022/TT-BGTVT, the regulation is as follows:
Receiving and collecting data from vehicles and technical devices provided by organizations and individuals
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3. The order of receiving, collecting, and processing data is carried out in accordance with Article 20 of Decree No. 135/2021/ND-CP and the following contents:
a) Record the receipt and handling of reflected data in a Tracking Logbook as prescribed in Appendix X issued with this Circular.
Agencies and units receiving and collecting data can use software to track and handle the received data, but must ensure the contents in Appendix X issued with this Circular;
b) The data receiver classifies and evaluates whether the data meet the requirements as prescribed in Clause 1, Article 17 of Decree No. 135/2021/ND-CP, reports to the authorized person to process the data as prescribed in Clause 3, Article 20 of Decree No. 135/2021/ND-CP.
The order of receiving, collecting, and processing data is carried out according to Article 20 of Decree 135/2021/ND-CP as follows:
Receiving and collecting data:
- Guide individuals and organizations in providing data
- Receive and collect data from sources provided by individuals and organizations
In cases where data obtained from vehicles and technical devices are provided without clear and specific names and addresses of the individual or organization but contain specific evidence of violations and a basis for verification, the competent authorities and units shall receive, collect, verify, and handle the data according to regulations;
- Record and report on the receipt and collection of data.
Received and collected data must be recorded in a logbook or tracking software and immediately reported to the competent person to resolve and handle according to regulations.
Processing received, collected data:
- Data within processing authority must go through verification procedures
- Data outside processing authority must be transferred to the competent agency or unit for verification;
- Results obtained from technical devices as prescribed in Article 22 of Decree 135/2021/ND-CP are not subject to verification; processing is done according to regulations in Article 15 of Decree 135/2021/ND-CP
- Additionally, keep a Tracking Logbook for the receipt and handling of reflected data.
Agencies and units receiving and collecting data can use software to track and handle the received data but must ensure the contents in Appendix X issued with this Circular;
- The data receiver classifies and evaluates whether the data meet the requirements as prescribed in Clause 1, Article 17 of Decree 135/2021/ND-CP, reports to the authorized person to process the data as prescribed in Clause 3, Article 20 of Decree 135/2021/ND-CP.
Order of receiving, collecting, and processing data obtained from technical devices detecting administrative violations in the transport sector
Who has the authority to receive data obtained from technical devices detecting administrative violations in the transport sector?
According to Clause 1, Article 10 of Circular 51/2022/TT-BGTVT, the authority to receive data obtained from technical devices for detecting administrative violations is as follows:
- Vietnam Road Administration, Transport Inspection Departments and related units receive, collect data obtained from vehicles, technical devices provided by organizations or individuals for traffic safety violations under their jurisdiction;
- Vietnam Railway Authority, specialized railway inspection departments, Transport Inspection Departments, and related units receive, collect data from technical devices provided by organizations or individuals for railway safety violations under their jurisdiction;
- Vietnam Inland Waterway Administration, Inland Waterway Administration Departments, specialized inland waterway inspection departments, Inland Waterway Port Authorities and related representatives, Transport Inspection Departments, and related units receive, collect data from technical devices provided by organizations or individuals for inland waterway safety violations under their jurisdiction;
- Vietnam Maritime Administration, Maritime Inspection Departments, Maritime Port Authorities, and related representatives receive, collect data from technical devices provided by organizations or individuals for maritime safety violations under their jurisdiction;
- Vietnam Civil Aviation Authority, Civil Aviation Inspection Departments, Airports Authorities, and related representatives receive, collect data from technical devices provided by organizations or individuals for civil aviation safety violations under their jurisdiction.
What is the responsibility of the agencies and units receiving and collecting data from technical devices detecting administrative violations in the transport sector?
According to Clause 2, Article 10 of Circular 51/2022/TT-BGTVT, the agencies and units receiving and collecting data are responsible for implementing the regulations in Article 19 of Decree 135/2021/ND-CP and sending a written notification of the verification and data handling results to the individual or organization that provided the data, if they request it.
Article 19 of Decree 135/2021/ND-CP prescribes the responsibilities of the agencies and units receiving and collecting data as follows:
- Publicly announce the address of the agency or unit's headquarters, postal address, email address, electronic portal or website, and hotline number for individuals and organizations to provide information and data.
- Assign personnel to perform the task of receiving and collecting data.
- Ensure the confidentiality of information provided by individuals, organizations, and other entities related to the data obtained from vehicles and technical devices.
- Send a written notification of the verification and data handling results to the individual or organization that provided the data, if they request it.
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