03 cases of handling violations during waterway patrol and control by the Waterway Police

03 cases of violation handling during patrol and inspection by Waterway Police (Illustrative image)

Article 11 Circular 68/2020/TT-BCA stipulates the cases of administrative violation sanctions during patrol and inspection by the waterway police as follows:

1. Cases of administrative violation sanctions without a record

After detecting a violation subject to the procedure of sanctioning without a record, the authorized sanctioning officer must issue an on-the-spot administrative violation sanction decision; if the individual or organization in violation has not immediately implemented the sanction decision, related documents must be temporarily seized to ensure compliance with the sanction decision. The temporary seizure of documents must have a seizure decision as per regulations;

2. Cases of administrative violation sanctions with a record

- When making a record of an administrative violation in cases where only a fine is applied, the officer making the record may temporarily seize one of the following documents in order: Certificate of professional capacity, Professional certificate, Certificate of vehicle registration, Certificate of technical safety, and environmental protection, or other related documents as prescribed by law. If the violator does not have one of the mentioned documents, the violating means of transport may be temporarily seized as prescribed by law; the temporary seizure of documents or means of transport must have a decision and be recorded in a report;- After making a record of an administrative violation, if the violator, the representative of the violating organization, the damaged party, the representative of the damaged organization, or related parties refuse to sign the record, the officer making the record must clearly state the reason in the record, and the patrol team leader must invite a representative of the local authority where the violation occurred or two witnesses as prescribed by law to sign the administrative violation record and must report in writing to the unit head for the basis to make a sanction decision or use technical, professional equipment to record the violation for handling;- Any erasure or correction of the contents of the administrative violation record is strictly prohibited.

3. Handling administrative violations through technical, professional equipment

- For violations of inland waterway traffic order and safety by people and vehicles participating in traffic, recorded through technical, professional equipment, the patrol and control officers publicly execute the order to stop the vehicle to inspect, make a record of administrative violation, and handle according to regulations. If the violator requests to see the evidence of the violation, it must be shown immediately; if the collected evidence through technical, professional equipment is not yet available, the violator is guided to view the evidence when arriving at the unit’s headquarters for violation handling;- If the vehicle cannot be immediately stopped for inspection and violation handling according to regulations, the patrol and control unit must report to the Chief of the Waterway Brigade, Head of Department, or Chief of District Police or higher to notify and request the vehicle owner, or the violator to come to the police headquarters for resolution. When resolving the case, the violator must be shown the evidence collected through technical, professional equipment regarding their violation; an administrative violation record must be made and handled according to regulations.

Details can be found at Circular 68/2020/TT-BCA effective from August 5, 2020.

Ty Na

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