Does the traffic police in Vietnam have the right to withdraw the keys of vehicles of the violators?

Does the traffic police in Vietnam have the right to withdraw the keys of vehicles of the violators?

Pursuant to Article 8 of Circular 65/2020/TT-BCA stipulating the powers of the Traffic Police in patrolling and controlling as follows:

1. To stop vehicles participating in road traffic (hereinafter referred to as means of transport) in accordance with the provisions of the Road Traffic Law, this Circular and other relevant laws. Controlling people and vehicles participating in road traffic, papers of vehicle drivers, papers of means of transport and identity papers of people on vehicles under control in accordance with regulations of law. law; control the implementation of regulations on road transport activities according to the provisions of law.

2. To apply measures to prevent and handle violations of road traffic, social order and other violations in accordance with law.

3. To request agencies, organizations and individuals to coordinate and assist in solving accidents, traffic jams, obstructions or other cases causing disorder and road traffic safety. In urgent cases to protect national security, ensure social order and safety, or to prevent consequences of damage to society that are occurring or are likely to occur, the Traffic Police is carrying out patrolling and controlling tasks may mobilize means of traffic, means of communication and other means of agencies, organizations, individuals and persons driving and using such means. The mobilization is done in the form of a direct request or in writing.

4. To be equipped with, install and use means of transport, vehicles, technical and professional equipment, weapons and supporting tools according to the provisions of law and the Ministry of Public Security.

5. To be allowed to temporarily suspend travel in certain sections of the road, re-division, re-route and stop and park vehicles when there is a traffic jam, traffic accident or when there is a traffic accident. other necessary requirements on assurance of social security, order and safety.

6. To exercise other powers of the People's Public Security force in accordance with law.

Thus, at present, there is no legal regulation on the withdrawal of keys of vehicles of violators. If you had your key taken out by a traffic police officer when checking the concentration, that policeman would have broken the law.

Is withdrawing the keys of vehicles of the violators a measure to prevent administrative violation in Vietnam?

Pursuant to Article 119 of the Law on handling administrative violations in 2012 stipulating the measures to prevent administrative violations and ensure the handling thereof as follows:

In case need timely prevent administrative violations or in order to ensure the handling of administrative violations, the competent persons may apply the following measures according to administrative procedures:

1. Custody of involved persons;

2. Escorting the violator;

3. Custody of material evidences and/or means of the administrative violations, permits, or professional practice certificates;

4. Body search;

5. Inspection of transport means and objects;

6. Search of places where material evidences and/or means of administrative violations are hidden;

7. Management of foreigners who have violated Vietnamese law while the expulsion procedures are carried out;

8. Assigning family, organization to manage the person who is proposed to apply the administrative handling measures while the procedures for application of administrative handling measures are carried out;

9. Hunting for subjects who have to serve decisions on sending to reformatories, compulsory education establishments or compulsory detoxification establishments if they escape.

As regulations above, withdrawing the keys of vehicles of the violators is not a measure to prevent administrative violation in Vietnam.

How to make complaints on traffic police for imposing wrong penalties?

Pursuant to Clause 1 Article 7 of the Law on Complaints in 2011 stipulating order of making a complaint as follows:

1. When having grounds to believe that an administrative decision or administrative act is unlawful or directly infringes upon his/her rights and lawful interests, a person may make a first-time complaint with the person who has issued such administrative decision or the agency that manages the person who has committed such administrative act, or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

In case the complainant disagrees with the first-time complaint settlement decision or the complaint remains unsettled although past the prescribed time limit, he/she may make a second-time complaint with the direct superior of the person competent to settle the first-time complaint or institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

In case the complainant disagrees with the second-time complaint settlement decision or the complaint remains unsettled though past the prescribed time limit, he/she has right to institute an administrative lawsuit at court in accordance with the Law on Administrative Procedures.

Pursuant to Article 9 of the Law on Complaints in 2011 stipulating statute of limitation for making a complaint as follows:

The statute of limitation for making a complaint is 90 days, after receiving an administrative decision or knowing or being informed of an administrative decision or act.

In case a complainant fails to exercise the right to complain in accordance with the statute of limitation due to illness, natural disaster, enemy sabotage, working mission or study in a distant place or another objective obstacle, the period during which such obstacle exists is not counted into the statute of limitation for making a complaint.

As regulations above, within 90 days after receiving an administrative decision or knowing or being informed of an administrative decision or act, a person may make a first-time complaint with the person who has issued such administrative decision or the agency that manages the person who has committed such administrative act, or institute an administrative lawsuit at court.

Best regards!