What is period for sending notification about administrative violation in Vietnam? What are forms for payment of fines in Vietnam?

What is period for sending notification about administrative violation in Vietnam?

In Clause 1, Article 4 of Circular 15/2022/TT-BCA, stipulating procedures for handling of proofs of violation obtained by using technical means or equipment without stopping violating vehicles for security check or imposition of penalties, specifically as follows:

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 vehicle, vehicle owner, organization or individual related to the administrative violation via the registration agency and the national population database;

b) For the vehicle 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 vehicle 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 vehicle 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).

Thus, when you commit an act of violating road traffic safety in Vietnam, the administrative violation period is 10 days.

What are forms for payment of fines in Vietnam? 

According to Article 20 of Decree 118/2021/ND-CP stipulating forms and procedures for collection and payment of fines, according to which:

1. Violators pay fines according to one of the following forms:

a) Direct payment of cash at State Treasuries or at commercial banks where State Treasuries open their accounts specified in penalty decisions;

b) Transfer to accounts of State Treasuries written in penalty decisions via National Public Service portal or electronic payment services of banks or intermediary payment service providers;

c) Direct payment to people with power to impose penalties as prescribed in Clause 1 Article 56, Clause 2 Article 78 of the Law on Handling of Administrative Violations, or direct payment to port authorities or airport representatives if penalized people are passengers that transit to Vietnam to take international flights from Vietnam, aircrews who are working on flights to Vietnam; aircrews of foreign airlines that operate international flights from Vietnam;

d) Payment of fines for administrative violations committed in the field of road traffic to state treasuries according to regulations of points a, b and c clause 1 of this Article or by public postal services.

2. Procedures for payment of fines:

a) In case penalized individuals do not stay or penalized organizations are not located at places of violations while only fines are imposed, persons with power to impose penalties for decisions on paying fines prescribed in point b clause 1 of this Article and send them to violating individuals or organizations via posts by guaranteed forms within 02 working days from the date on which penalty decisions are issued;

b) Penalized violators shall pay to accounts of state treasuries as written in penalty decisions within the time limit prescribed in Clause 1 Article 73 of the Law on Handling of Administrative Violations;

c) Within 05 working days from the day on which fines are paid to accounts of state treasuries in person or by public post, person that impounded the documents for ensuring penalties according to regulations in clause 6 Article 125 of the Law on Handling of Administrative Violations must return impounded documents to penalized organizations or individuals by post with guaranteed forms for direct payment or via public postal services for indirect payment. Expenses for submission of sanctioning decisions and return of documents shall be paid by penalized violators;

d) Penalized violators may receive impounded documents in person or via legal representatives or authorized representatives.

3. In case penalized violators defer fines as prescribed in clause 1 Article 78 of the Law on Handling of Administrative violations, collecting authorities shall base on sanctioning decisions to calculate and collect late fine payment interests.

4. Decisions on suspension of sanctioning decision; reduction or exemption of the remaining fine or the whole fine; fine payment by installments must be made in writing.

Duration of consideration and decision of reduction or exemption of the remaining fine or acceptance of fine payment by instalments shall not be included in the duration of fine deferral.

5. Fines shall be collected, paid or refunded according to regulations of the Government of Vietnam on administrative procedures in the field of State Treasury.

6. The Minister of Finance of Vietnam shall provide guidance on the collection and transfer of fines for administrative violations specified in Clauses 1, 2 and 3 of this Article; the method of calculating and offsetting differential fines (if any) in case there are decisions on correction, amendment, cancellation or issuance of new decisions on administrative penalties.

According to this Article, based on the above provisions in Vietnam, traffic violators can pay fines by the above forms.

Best Regards!