Vietnam: From May 21, 2022, how to handle administrative violations without records discovered during the patrol and check period of the water police?
How to handle administrative violations without records discovered during the patrol and check period?
According to Article 11 of Circular 68/2020/TT-BCA of Vietnam as amended and supplemented by Clause 2 Article 5 of Circular 15/2022/TT-BCA of Vietnam on handling administrative violations without records discovered during the patrol and check period:
Whenever detecting any violation classified as the one subject to unrecorded penalties, the person having sanctioning authority shall issue on-the-scene sanctioning decision; where the violating individual or entity has not immediately executed the sanctioning decision, their relevant papers classified in the order prescribed in clause 2 of this Article may be impounded to secure that they comply with the sanctioning decision.
The water police handle administrative violations during the patrol and check period
How to handle administrative violations with records discovered during the patrol and check period?
According to Article 11 of Circular 68/2020/TT-BCA of Vietnam as amended and supplemented by Clause 2 Article 5 of Circular 15/2022/TT-BCA of Vietnam on handling administrative violations with records discovered during the patrol and check period:
- When issuing the report on the violation that is subject to the fine only, the officer issuing the report shall have the right to take temporary custody of one of the papers in the following order of priority: Certificate of professional competence of the captain; certificate of driving or operation of transport equipment; certificate of registration of transport equipment or valid confirmation of credit issued by credit institution required if the transport equipment is mortgaged; certificate of environmental and technical safety of transport equipment; certificate of professional capability of the chief engineer or other documents related to exhibits and means of transport as prescribed by law, to ensure the observance of the sanctioning decision. Where the violator fails to show any of the aforesaid papers, his/her violating equipment shall be temporarily impounded in order to secure his/her obligations to execute the sanctioning decision (except where the violating entity or person has clear address, storage yards or facilities or financial ability to provide security sums, their violating transport equipment may be temporarily impounded under the management of the competent regulatory authority).
- Where the violator or the representative of the violating entity is not present at the scene of occurrence; deliberately takes flight; does not sign on or append his/her fingerprint to the police report; turns up and refuses to sign on or append his/her fingerprint to the police report, the officer writing up the report must enter clear reason for such refusal in the report. The patrol inspection team’s leader can invite the representative of the local authority of the commune where the scene of violation is located or at least 01 witness to sign to confirm that the violating person or entity does not sign in the report, and shall report to his/her host unit in writing as a basis for the person having sanctioning authority or using the police's technical means or equipment to make recordings used as proofs for handling of violation; is not allowed to erase or tamper with information recorded in the report on the administrative violation.
How to handle administrative violations discovered by using technical means or equipment?
Pursuant to Article 11 of Circular 68/2020/TT-BCA of Vietnam as amended and supplemented by Clause 2 Article 5 of Circular 15/2022/TT-BCA of Vietnam, for any violation discovered by using technical means or equipment, if there is any photo of the person and watercraft that violates law on inland water routes, seaport water areas and navigable channels outside of the seaport water area where the inland watercraft is allowed to operate, the person having jurisdiction to handle the case may take the following actions:
- Set a team in place to stop violating transport equipment to check and handle the violation in accordance with law. Where the violator asks for review of photo or other evidence of the act of violation, the photo or evidence recorded on the scene must be provided; if they are not available, the violator shall be instructed to have a look at them when contacting the police office;
- In case where it is impossible to stop the violating transport equipment for inspection or fine imposition purposes, regulations laid down in Article 11a herein must be observed. Specifically:
“Article 11a. Procedures for handling of proofs of violation obtained by using technical means or equipment without stopping violating transport equipment for security check or imposition of penalties
1. Within 10 working days from the day of detection of the act of violation, persons having jurisdiction to impose fines of the Police having authority over the place where the violation is detected shall take the following actions:
a) Identify information about the violating equipment, equipment owner, organization or individual related to the administrative violation via the registration agency or the ship register agency and the national population database;
b) For the equipment owner, organization or individual involved in the administrative violation that is a non-resident person, has their office located at the district where the Police detects their administrative violation, if it is determined that such violation falls under the authority to impose fines of the Chief of the commune-level Police, evidence obtained by using technical means and equipment should be transmitted to the Police of the commune where the vehicle owner, organization or individual involved in the administrative violation resides or their office is located (by using the form No. 01/65/68) for handling of the violation (when the Police is equipped with the online network system);
Where the violation does not fall under the authority to impose fine of the Chief of the commune-level Police or falls under the authority to impose fine of the Chief of the commune-level Police that has not yet been equipped with the online network system, the evidence obtained by using technical means or equipment shall be transmitted to the Police of the district where the transport equipment owner, organization or individual involved in that violation reside or their office is located (by using the form No. 01/65/68) for processing and handling of such violation;
c) Sending notification (using the form No. 02/65/68) to request the transport equipment owner, organization or individual involved in the administrative violation to come to the office of the Police where the violation is detected or the office of the Police of the commune or district where they reside or their office is located for handling of the administrative violation if it is impossible to directly contact the Police station where the violation is detect due to travelling difficulty as per clause 2 of Article 15 in the Government’s Decree No. 135/2021/ND-CP dated December 31, 2021, prescribing the list, management and use of technical means and equipment, and procedures for collection and use of data obtained by technical means and equipment that are provided by persons or entities to detect administrative violations (hereinafter referred to as Decree No. 135/2021/ND-CP).
2. When the transport equipment owner, organization or individual involved in the administrative violation comes to the Police station to have their case handled, the person having jurisdiction to impose administrative penalties of the Police that detects the violation or the Chief of the commune- or district-level Police shall take action against the violation under point c and d of clause 1 of Article 15 in the Decree No. 135/2021/ND-CP.
3. Where the violation falls under the authority to issue decision of the commune- or district-level Police, it shall be obligatory that notification of the decision of the Police that detects the violation must be promptly sent. Concurrently, updating the status of "completely done" on the website of the Traffic Police Department and immediately sending notification to the violating transport equipment to the register agency; removing the status of “alert sent” to the register agency on the violation management and sanctioning system (if there is any alert from the Police that discovers the violation classified into those specified in clause 4 of this Article).
Where the violation falls under the authority to issue decision of the Police discovering that violation, it shall be obligatory that notification of the results of decision on the case must be immediately sent to the commune- or district-level Police that already receives evidence obtained by technical means or equipment. Concurrently, updating the status of "completely done" on the website of the Traffic Police Department and sending notification of the violating transport equipment to the register agency; removing the status of “alert sent” to the register agency on the violation management and sanctioning system with respect to the cases specified in clause 4 of this Article.
4. After the 20-day time limit from the day of delivery of notification of the violation, if the transport equipment owner, organization or individual involved in the administrative violation does not come to the Police station that discovers the violation to receive the decision on handling of the case, or the violation-discovering Police station has not yet received notification of decision on handling of the case from the commune-level or district-level Police that has already received evidence obtained by technical means or equipment, the person having authority to impose fines of the Police that discovers the violation shall take the following actions:
a) Post latest information about the violating vehicle (e.g. make, number plate, plate color; location and time of violation, act of violation; unit discovering the violation; case-handling unit, contact phone number) on the website of the Traffic Police Department in order for the transport equipment owner, organization or individual involved in that violation to know and contact the Police to seek their decision in accordance with regulations;
b) Send notification regarding the violating vehicle to the register agency (if the violating transport equipment is subject to the register requirement); concurrently, update the status of "alert sent" to the register agency on the violation management and sanctioning system.
5. Evidence obtained by technical means or equipment, or notification of decision on handling of violations shall be transmitted electrically."
Circular 15/2022/TT-BCA of Vietnam takes effect on May 21, 2022.
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