What is the order of temporary seizure of documents of traffic violators in Vietnam from September 15, 2023?
- What is the order of temporary seizure of documents of traffic violators in Vietnam from September 15, 2023?
- Vietnam: In the case where the traffic violator does not sign or make a mark on the record, how many witnesses are required at minimum to sign and confirm the non-signing or marking of the violator?
- What are the regulations on sealing the temporarily impounded material evidence and/or means used for commission of administrative violations in Vietnam?
What is the order of temporary seizure of documents of traffic violators in Vietnam from September 15, 2023?
According to clause 2 of Article 21 of Circular 32/2023/TT-BCA, the order of temporary seizure of documents of traffic violators is as follows:
Applying measures to prevent administrative violations and ensure the handling of administrative violations
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2. Temporarily seizing confiscated objects, vehicles involved in administrative violations, licenses, professional certificates
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d) In cases where only a fine is imposed, the traffic police officer shall temporarily seize one of the following types of documents in order (unless those documents show signs of forgery, requiring verification to clarify the violation): Driver license, Law knowledge training certificate on road traffic, Vehicle registration certificate or certified copy of the vehicle registration certificate accompanied by the original copy of the receipt from the credit institution (while the credit institution holds the original vehicle registration certificate), or Certificate of technical safety and environmental inspection, Validity confirmation of the inspection certificate, and Inspection seal (for vehicles required to undergo inspection), or other necessary documents related to the confiscated objects, vehicles as prescribed by law to ensure the enforcement of the penalty decision;
Therefore, starting from September 15, 2023, the order of temporary seizure of vehicle documents of traffic violators is determined as follows:
- Driver license, Law knowledge training certificate on road traffic.
- Vehicle registration certificate or certified copy of the vehicle registration certificate accompanied by the original copy of the receipt from the credit institution (while the credit institution holds the original vehicle registration certificate).
- Certificate of technical safety and environmental inspection, Validity confirmation of the inspection certificate, and Inspection seal (for vehicles required to undergo inspection).
- Other necessary documents related to the confiscated objects, vehicles as prescribed by law to ensure the enforcement of the penalty decision.
Note: If only a fine is imposed, the traffic police officer shall temporarily seize one of the above-mentioned types of documents in order. However, if those documents show signs of forgery, requiring verification to clarify the violation, the traffic police officer may also seize other related documents.
What is the order of temporary seizure of documents of traffic violators in Vietnam from September 15, 2023? (Image from the Internet)
Vietnam: In the case where the traffic violator does not sign or make a mark on the record, how many witnesses are required at minimum to sign and confirm the non-signing or marking of the violator?
Pursuant to clause 2 of Article 20 of Circular 32/2023/TT-BCA, there are regulations on handling violations during patrols and inspections as follows:
Handling violations during patrols and inspections
The handling of administrative violations shall be carried out in accordance with the provisions of the law on handling administrative violations and the following regulations:
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2. Imposing administrative fines with the drafting of a record
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c) In cases where the violator is not present at the scene of the violation or deliberately evades, or for objective reasons cannot sign or make a mark on the record, or in cases where the identity of the violator cannot be determined, the Head of the Traffic Police Team shall invite a representative of the commune-level authorities where the violation occurred or at least one witness to sign and confirm the non-signing or marking of the violator on the record; if there is no signature of the representative of the commune-level authorities or the witness, the traffic police officer must clearly state the reason in the record. The use of technical equipment and devices in the professional field to record the incident and a written report to the unit leader shall be made as a basis for the competent authority to review and decide on the penalty.
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Therefore, if the violator does not sign or make a mark on the record, it is sufficient to have at least one witness sign and confirm the non-signing or marking of the violator on the record, or to invite a representative of the commune-level authorities where the violation occurred to sign the confirmation.
If there is no signature of the representative of the commune-level authorities or the witness, the traffic police officer must clearly state the reason in the record.
What are the regulations on sealing the temporarily impounded material evidence and/or means used for commission of administrative violations in Vietnam?
Pursuant to Article 22 of Circular 32/2023/TT-BCA, there are regulations on sealing the temporarily impounded material evidence and/or means used for commission of administrative violations as follows:
Sealing the temporarily impounded material evidence and/or means used for commission of administrative violations
The sealing of temporarily impounded material evidence and/or means used for commission of administrative violations is carried out in accordance with the provisions of Article 125 of the Law on Handling Administrative Violations (amended and supplemented in 2020) and Decree No. 118/2021/NĐ-CP.
Clause 5a of Article 125 of the Law on Handling Administrative Violations 2012, supplemented by Clause 64 of Article 1 of the amended Law on Amendments to the Law on Handling of Administrative Violations 2020, provides regulations on the custody of material evidences and/or means of the administrative violations, permits, professional practice certificates according to administrative procedures as follows:
Custody of material evidences and/or means of the administrative violations, permits, professional practice certificates according to administrative procedures
1. The custody of material evidences and/or means of the administrative violations, permits, and professional practice certificates according to administrative procedures are applied just in the following realy necessary cases:
a) In order to certify facts which if not custody, there shall be not base to issue sanctioning decision. In case custody for evaluate material evidences of the administrative violations serve as basic to define the fine bracket, the authority to impose sanctions, provisions of clause 3, article 60 of this Law shall be applied;
b) In order to prevent immediately acts of administrative violations which if not custody, may cause serious consequences for society;
c) In order to ensure execution of decisions sanctioning administrative violation as prescribed in clause 6 of this Article.
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5a. In the course of the temporary impoundment, the record maker and the person having temporary impoundment authority must seal the temporarily impounded material evidence and/or means used for commission of administrative violations, excluding:
a) Live animals and plants;
b) Goods or articles that are perishable or difficult to be stored under laws.
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Therefore, sealing the temporarily impounded material evidence and/or means used for commission of administrative violations is applied in cases where:
- In order to certify facts which if not custody, there shall be not base to issue sanctioning decision. In case custody for evaluate material evidences of the administrative violations serve as basic to define the fine bracket, the authority to impose sanctions, provisions of clause 3, article 60 of the Law on Handling Administrative Violations 2012 shall be applied;
- In order to prevent immediately acts of administrative violations which if not custody, may cause serious consequences for society;
- In order to ensure execution of decisions sanctioning administrative violation as prescribed in clause 6 of Article 125 of the Law on Handling Administrative Violations 2012.
Note: Sealing the temporarily impounded material evidence and/or means used for commission of administrative violations does not apply to:
- Live animals and plants;
- Goods or articles that are perishable or difficult to be stored under laws.
Note: Circular 32/2023/TT-BCA comes into force from September 15, 2023.
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