What are regulations on forms used in imposing administrative penalties in traffic and transportation sector in Vietnam?

What are regulations on forms used in imposing administrative penalties in traffic and transportation sector in Vietnam?

Pursuant to Article 3 of the Circular 30/2022/TT-BGTVT (effective from 01/02/2023) stipulating forms used in imposing administrative penalties in traffic and transportation sector in Vietnam as follows:

1. 2 offense notice forms are promulgated for use in imposing of administrative penalties on transport violations and attached under Appendix I hereof.

2. In addition to forms stated under Clause 1 of this Article, competent authorities and individuals entitled to produce administrative offense notice and impose administrative penalties on transport violations shall also use forms attached to Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government elaborating the Law on Imposing Administrative Penalties

What are regulations on printing forms and using pre-printed forms for imposing administrative penalties in traffic and transportation sector in Vietnam?

Pursuant to Clause 1, 2 and 3, Article 4 of the Circular 30/2022/TT-BGTVT (effective from 01/02/2023) stipulating regulations on printing forms and using pre-printed forms for imposing administrative penalties in traffic and transportation sector in Vietnam as follows:

1. Printing forms

a) Forms are printed on A4 paper and presented in a format that conforms to regulations and law on record management;

b) Forms are either pre-printed or computer-printed;

c) Pre-printed forms must contain consistent pre-printed information across all copies; pre-printed information and fillable blanks must be structured with convenience and appropriateness in mind.

2. Using pre-printed forms

a) Pre-printed forms shall be bound into book each of which contains 25 forms. Forms are numbered in accordance with the order in which they are issued by competent authorities in the year, starting from number 1;

b) Each administrative offense notice shall have 3 copies; the first white copy is to be kept in dossiers on administrative penalties or sent to competent individuals entitled to impose administrative penalties if the violation is transferred; the second pink copy is handed to the offender; the third yellow copy must not be separated from the book or is transferred to parents or guardian of the offender if the offender is a minor;

c) Each decision imposing administrative penalties without offense notice shall have 4 copies, the first white copy is to be kept in dossiers on administrative penalties; one of the second, third pink copies is handed to the offender and the other is send to organization that collects the fine or to relevant organizations, individuals; the fourth yellow copy must not be separated from the book or is transferred to parents or guardian of the offender if the offender is a minor;

d) Other pre-printed forms not mentioned under Point b and Point c of this Clause must contain sufficient number of copies in order to send to relevant organizations and individuals named in the forms.

3. Computer-printed forms must have a separate numbering system in order to be distinct from pre-printed forms, be numbered in order in which they are issued by competent authorities entitled to impose administrative penalties in a year, starting from number.

What are regulations on managing forms for imposing administrative penalties in traffic and transportation sector in Vietnam?

Pursuant to Clause 4 and 5, Article 4 of the Circular 30/2022/TT-BGTVT (effective from 01/02/2023) stipulating regulations on managing forms for imposing administrative penalties in traffic and transportation sector in Vietnamas follows:

4. Managing forms

a) Authorities that exercise inspection function in transport shall develop, promulgate internal regulations, and produce form logs on paper or on a computer using forms under Appendix II attached hereto in order to manage the printing, issuance, use, revocation, cancellation, and numbering of forms and monitor the imposing of administrative penalties;

b) Pre-printed forms that are damaged during use must be crossed from each corner and persons who damage the forms while imposing administrative penalties shall present written explanation verified by their direct superiors and submit to heads of the agencies;

c) Pre-printed forms that are damaged, left, or unused must be destroyed; the destruction of the forms shall conform to regulations and law on archive and be recorded in writing.

5. Instructions on filling in the forms in case of temporary or permanent suspension of license that contains various information and data

In case of temporary suspension of driver's license that is integrated from limited term driver’s license and permanent driver’s license and license of aviation personnel that is integrated with various specifications, competent individuals entitled to produce temporary suspension records and issue decisions on temporary suspension shall specify class of vehicles and specifications within the temporary suspension record and decisions on temporary suspension.

In case holders of driver’s license that is integrated from limited term driver’s license and permanent driver’s license, license of aviation personnel that is integrated with various specifications are met with revocation of the license as a form of administrative penalty, competent persons entitled to impose penalties shall specify the class of limited term or permanent driver’s license (motor vehicles or tractors or motorcycles), specifications related to the violations in questions in decisions on imposing of administrative penalties; the offenders are then allowed to operate the other vehicles and perform other specifications stated in the license.

Best regards!