Vietnam: What is the record form for failing to receive records of administrative violations in the transport industry?
- What is the record form for failing to receive records of administrative violations in the transport industry in Vietnam?
- In what case will records for failing to receive records of administrative violations in the transport industry in Vietnam be taken?
- Shall records of administrative violations in the transport industry be continuously transferred in case violators in Vietnam fail to receive them?
What is the record form for failing to receive records of administrative violations in the transport industry in Vietnam?
The the record form for failing to receive records of administrative violations in the transport industry in Vietnam is specified in Form MBB01 issued together with Circular 30/2022/TT-BGTVT as follows:
Note:
- This form is used to take a record for failing to receive records of administrative violations in case the records of administrative violations are directly assigned, but the violating organizations or individuals refuse to receive or evade receiving them as prescribed at Point c, Clause 6, Article 12 of Decree 118/2021/ND-CP.
- Note, information must be selected and written to suit the reality of the case.
(1) Record the agency name of the person authorized to take records in accordance with the Government's guidelines.
(2) Write down the address where the records were taken.
(3) Record the full name and position of the representative and the name of the People's Committee of the commune/ward/town where the records were taken.
(4) Write down the full name of the legal representative of the enterprise/head of the organization other than the enterprise.
(5) Record the title of the legal representative of the enterprise/head of the organization other than the enterprise.
(6) Record the full name of the person taking the record.
(7) Write down the full name of the administratively violating individual/name of the administratively violating organization.
(8) Write down the full name of the administratively violating individual/representative of the administratively violating organization.
Download the record form for failing to receive records of administrative violations in the transport industry in Vietnam: Here.
In what case will records for failing to receive records of administrative violations in the transport industry in Vietnam be taken?
Pursuant to Clause 6, Article 12 of Decree 118/2021/ND-CP stipulating:
Take a record of administrative violations
...
6. Transferring the offense notice:
a) One copy of the offense notice completely issued must be transferred to the violator, except for cases that cannot identify violators. In case the offense notice marker is not entitled to impose penalties on the administrative violation, the notice and other documents must be transferred to a person with power to impose penalties within 24 hours from the time of making the record;
b) In case the violator is a minor, the notice will also be sent to his/her parents or guardian;
c) In case the violator and/or representative of violating organization is/are absent from place of issuing offense notice(s) or is/are present but refuses to receive or has bases to believe that the violator evades receiving the record, the transfer of the offense notice shall comply with regulations in Article 70 of the Law on Handling of Administrative Violations on the submission of decisions on administrative penalties for execution.
At the same time, based on the note section in Form MBB01 issued together with Circular 30/2022/TT-BGTVT, this form is used to take a record for failing to receive records of administrative violations in case the records of administrative violations are directly assigned, but the violating organizations or individuals refuse to receive or evade receiving them.
Accordingly, the records for failing to receive records of administrative violations in the transport industry will be taken by competent entities in case the records of administrative violations are directly assigned, but the violating entities refuse to receive or evade receiving them according to the above provisions.
Shall records of administrative violations in the transport industry be continuously transferred in case violators in Vietnam fail to receive them?
Pursuant to Point c, Clause 6, Article 12 of Decree 118/2021/ND-CP, in case the violator and/or representative of violating organization is/are absent from place of issuing offence notice(s) or is/are present but refuses to receive or has bases to believe that the violator evades receiving the record, the transfer of the offence notice shall comply with regulations in Article 70 of the Law on Handling of Administrative Violations on the submission of decisions on administrative penalties for execution:
- Within 02 working days from the date of issuing the decision on sanctioning administrative violations with the record taken, the competent person who has issued the sanctioning decision must send it to the sanctioned individual, organization to agency collecting fine and other relevant agencies (if any) for enforcement.
- The decision on sanctioning administrative violations shall be transferred directly or sent by post in the form of guarantee and notification to sanctioned individuals and organizations.
- In case the decision is transferred directly, but the violating individual or organization fails to receive it, the competent person shall take a record of failing to receive the decision certified by the local government and be considered that the decision has been transferred.
- In case of sending by post in the form of guarantee, after 10 days from the date the sanctioning decision has been sent by post to the third time, in case it is returned because the violating individual or organization failed to receive it; a sanctioning decision has been posted at the residence of the individual or the head office of the sanctioned organization or there are grounds to believe that the violator evaded receiving the sanction decision, it shall be considered that the decision has been transferred.
Circular 30/2022/TT-BGTVT will take effect from February 1, 2023.
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