Vietnam: From May 21, 2022, how will people pay administrative fines via the National Public Service Portal or the Public Service Portal of the Ministry of Public Security?
How to handle administrative violations during the patrol and check period?
According to Clause 1 Article 20 of Circular 65/2020/TT-BCA of Vietnam stipulating the handling of administrative violations during the patrol and check period as follows:
- Administrative penalties without making records: Implement decisions on sanctioning administrative violations on the spot according to regulations. In case the violating individual or organization has not immediately implemented the sanctioning decision, relevant papers shall be temporarily kept as prescribed to ensure the observance of the decision on sanctioning of administrative violations;
- Administrative penalties with written records: Make records of administrative violations according to regulations. When the minutes of administrative violations are completed, guide and request violators or representatives of violating organizations (hereinafter referred to as violators) to provide contact phone numbers for receiving information and sanctioning information. through the National Public Service Portal, sign the minutes and give them 01 copy; if there are witnesses, damage sufferers or representatives of damaged organizations, they must both sign the minutes; in case the violator is not present at the place of violation or intentionally evades or for objective reasons fails to sign the record, the head of the traffic police team shall invite the representative of the local administration where the violation occurred or 02 witnesses signed the minutes;
In case the violator, witness, damage sufferer or representative of the damaged organization refuse to sign, the traffic police officer must clearly write the reason in the record and report it to the head of the unit in writing to serve as a basis for competent persons to consider and decide on penalties.
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Handle administrative violations via the National Public Service Portal, the Public Service Portal of the Ministry of Public Security
How to handle administrative violations at the head office?
Pursuant to Clause 3 Article 20 of Circular 65/2020/TT-BCA of Vietnam (amended and supplemented by Article 4 of Circular 15/2022/TT-BCA of Vietnam) on handling of administrative violations at the head office:
- Receive records of administrative violations from violators and compare them with violation records (in case of losing records of administrative violations, carefully compare information about the violators' personal information with the violation records); failing to settle the case with an intermediary (except for cases authorized according to the law of Vietnam) or outside the position specified in the settlement of administrative violations of the unit;
- Notify the form, level of sanction, preventive measures, other measures, results of recording the violation by means of professional technical equipment as prescribed;
- Handing over the decision on sanctioning of administrative violations to the sanctioned person or his/her legal representative or authorized person;
- Receive, examine and compare receipts of fine collection (or other receipts of fine collection and payment as prescribed by law) with records of administrative violations and keep them.
- Return material evidences, means and papers temporarily seized according to administrative procedures (except for cases where the right to use is deprived or confiscated) to violators or owners whose material evidences and means are temporarily seized or representatives of organizations committing administrative violations recorded in decisions on temporary seizure of material evidences and means of administrative violations in accordance with law. If the above-mentioned individuals or organizations authorize another person to come and receive the material evidences, means and papers, a written authorization must be obtained in accordance with law. When returning seized material evidences and means, a decision must be made and a record is made according to regulations; in case of returning temporarily seized papers, a written record must be made as prescribed;
- In case of settlement of the case according to the notice of administrative violations on road traffic order and safety: Check and compare the information on the notice and personal papers; showing violators the results of recording violations by means of professional technical means and equipment; make records of administrative violations and handle violations according to regulations;
In case violators or organizations impose administrative penalties through accounts or public postal services, they shall comply with current law and the Ministry of Public Security of Vietnam.
For the specialized or local Police that is equipped with the traffic violation management and sanctioning system, it is mandatory that data are entered and decisions on handling of administrative violations are printed via the system.
How to handle administrative violations via the National Service Portal or the Public Service Portal of the Ministry of Public Security?
Pursuant to Clause 4 Article 4 of Circular 15/2022/TT-BCA of Vietnam supplementing Article 20 of Circular 65/2020/TT-BCA of Vietnam on handling administrative violations via the National Service Portal or the Public Service Portal of the Ministry of Public Security as follows:
- The person having jurisdiction to impose fines uploads information about imposition of fines on the public service portal; the public service portal automatically notifies the violator and request him/her to search for the decision on handling of administrative violation by using his/her phone number registered with the Police station at the time of the report on administrative violation;
- The violating person logs in the public service portal by entering the number of the decision on imposition of fine that he/she receives or the number of the report on administrative violation to have access to the decision on imposition of fine; pays the fine and registers to claim back his/her impounded papers through the public post service;
- The person having jurisdiction to impose the fine searches for the electronic receipt of the fine that the public service portal sends him/her to print it out, store it in the dossier on imposition of the fine and use it as a basis to return the impounded papers.
- The person having jurisdiction to impose fines returns the papers temporarily impounded or those of which the term of temporary custody expires to the violator by public post.
Circular 15/2022/TT-BCA of Vietnam officially takes effect from May 21, 2022.
Thư Viện Pháp Luật
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