What are the methods for handling administrative violations against the regulations on traffic safety in Vietnam?
- What are the methods for handling administrative violations against the regulations on traffic safety in Vietnam?
- What are the regulations on handling administrative violations against the regulations on traffic safety in Vietnam while patrolling and controlling?
- What are the regulations on handling administrative violations against the regulations on traffic safety in Vietnam at the headquarters of units?
- What are the procedures for paying administrative fines through the National Public Service Portal and Public Service Portal of the Vietnam Ministry of Public Security?
What are the methods for handling administrative violations against the regulations on traffic safety in Vietnam?
Pursuant to Article 20 of Circular 65/2020/TT-BCA (supplemented by Clause 4, Article 4 of Circular 15/2022/TT-BCA), the methods for handling administrative violations as the regulations on traffic safety in Vietnam include:
- Method 1: Handling violations through patrolling and controlling
- Method 2: Settle and handle administrative violations at the headquarters of units
- Method 3: Pay administrative fines through the National Public Service Portal, the Public Service Portal of the Ministry of Public Security.
- Method 4: Take measures to prevent administrative violations and ensure the handling of administrative violations.
What are the regulations on handling administrative violations against the regulations on traffic safety in Vietnam while patrolling and controlling?
Pursuant to Clause 1, Article 20 of Circular 65/2020/TT-BCA, the regulations on handling administrative violations against the regulations on traffic safety in Vietnam while patrolling and controlling are:
Handling of administrative violations against the regulations on traffic safety while patrolling and controlling is classified into the following cases:
- Handling of administrative violations without taking records:
+ Issue decisions on handling administrative violations on the spot according to regulations.
+ In case the violating individual or organization has not immediately implemented the sanctioning decision, the relevant papers shall be temporarily seized as prescribed to ensure the observance of the decision on handling of administrative violations;
- Handling of administrative violations by taking records:
+ Take records of administrative violations according to regulations
+ When the records 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 on sanctioning through the National Public Service Portal, sign the records and give them 01 copy;
+ If there are witnesses, damage sufferers or representatives of damaged organizations, they must both sign the records;
+ In case the violator is not present at the place of violation or deliberately evades or does not sign the record for objective reasons, the head of the Traffic Police Team shall invite the representative of the local administration where the violation occurred or 02 witnesses to sign the record;
+ In case the violator, witness, damage sufferer, or representative of the damaged organization refuses to sign, the traffic police officer must clearly write the reason in the record and report to the head of the unit in writing to serve as a basis for competent persons to consider and decide on penalties.
What are the regulations on handling administrative violations against the regulations on traffic safety in Vietnam at the headquarters of units?
Pursuant to Clause 3, Article 20 of Circular 65/2020/TT-BCA (supplemented by Clause 3, Article 4 of Circular 15/2022/TT-BCA), the regulations on handling administrative violations against the regulations on traffic safety in Vietnam at the headquarters of units are:
- For organizations handling violations:
+ Police authorities of units and localities competent to handle violations shall arrange traffic police officers and locations to settle and handle violations in accordance with law and the Ministry of Public Security;
+ Location of handling violations:
++ Arranged in a convenient location, with a suitable area, dignified, with seats for people to settle; post up the diagram showing the workplace, the timetable for receiving people;
++ Title signs of officers on duty; phone number;
++ Rules for receiving people;
++ Comment box and contents of a number of documents related to patrol, control, and handling of road traffic violations;
- When violators come to settle violations:
+ 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 violator's personal information with the violation records);
Fail to settle the case with an intermediary (except for cases authorized by law) or outside the location specified in the resolution of administrative violations of the unit;
+ Notify the form, level of sanction, preventive measures, other measures, and results of recording the violation by vehicles of professional technical equipment as prescribed.
+ Hand over the decision on sanctioning 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 administrative violation records and keep them.
+ Return material evidence, vehicles, and papers temporarily seized according to administrative procedures (except for cases where the use rights are deprived or confiscated) to violators or owners whose exhibits and vehicles are temporarily seized. or representatives of organizations committing administrative violations recorded in decisions on the temporary seizure of material evidence and vehicles of administrative violations in accordance with law.
+ If the above-mentioned individuals or organizations authorize others to come and receive material evidence, vehicles, and papers, written authorization must be obtained in accordance with the law. When returning seized material evidence and vehicles, a decision must be issued and a record is taken as prescribed; in case of returning temporarily seized papers, a written record must be made as prescribed;
+ In case the case is settled according to the notice of administrative violations on road traffic order and safety: Check and compare the information on the notice and personal papers; show the violator the results of recording the violation by vehicles of professional technical vehicles and equipment; take records of administrative violations and handle violations according to regulations;
+ In case violating individuals or organizations impose administrative penalties through accounts or public postal services, they shall comply with current law and the Ministry of Public Security.
What are the procedures for paying administrative fines through the National Public Service Portal and Public Service Portal of the Vietnam Ministry of Public Security?
Pursuant to Clause 3, Article 4 of Circular 15/2022/TT-BCA stipulating the handling of administrative violations by paying administrative fines through the National Public Service Portal and Public Service Portal of the Vietnam Ministry of Public Security as follows:
- Persons with competence in handling administrative violations send sanctioning information to the Public Service Portal; The public service portal automatically notifies violators to look up information of the decision on sanctioning administrative violations through the phone number of the violator registered with the police authority at the time of taking a record of the administrative violation;
- Violators access the public service portal through the number of the decision on sanctioning administrative violations or the number of records of administrative violations to look up information about the decision on sanctioning administrative violations; pay fines for administrative violations, register for the return of temporarily seized papers via public postal services;
- Persons with competence in handling administrative violations look up the electronic collection receipts for administrative fines sent by the public service portal system to print and give in records of administrative violations to serve as a basis for returning documents. detained;
- Persons with competence in handling administrative violations shall return papers that have been temporarily seized or have expired to violators via public postal services.
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