Circular 68: Procedures for Handling Administrative Violations in Inland Waterway Traffic

Circular 68: Order of handling administrative violations in inland waterway traffic (Illustrative image)

Article 15 Circular 68/2020/TT-BCA stipulates specific procedures for handling administrative violations in inland waterway traffic as follows:

1. Receiving the dossier of administrative violation cases

- Dossier of administrative violation cases handed over by the Patrol and Inspection Team, including:

- Minutes of administrative violations or inspection minutes;- Decision on administrative sanction and documents related to the vehicle and the driver;- Seized exhibits, vehicles violating administrative regulations, and collected documents (if any);

- Dossier of cases transferred by competent criminal procedure authorities to handle administrative violations;

- Entering the dossier into the Register of Administrative Violations Handling.

2. Classifying the dossier of administrative violation cases

- Dossier of administrative violation cases pending resolution, including:

- Clear cases not requiring investigation;- Cases requiring investigation;- Cases beyond the authority of the unit head;- Cases showing signs of criminal activity; violations detected through technical means but unable to stop the vehicle for immediate handling; administrative violations reported by organizations, individuals, or media;

- Dossiers with issued sanction decisions but individuals or organizations have not received the decision; have received but not executed or partially executed;

- Completed dossiers;

- Complaints, denunciations dossiers.

3. Reviewing the administrative violation cases

- Reviewing and comparing the dossier of administrative violations with legal regulations to propose sanction forms and remedial measures;- For cases beyond the unit head's authority, reporting and proposing the transfer of the dossier to the competent authority for sanction;- For cases with criminal indications, reporting and proposing the transfer of the dossier to the competent criminal procedure authority.

4. Proposing the competent authority to issue an administrative sanction decision in accordance with legal regulations.

5. Directly working with individuals or representatives of violating organizations to resolve the violation

- Receiving the minutes of administrative violations and comparing them with the violation dossier; in case individuals or organizations have lost the minutes, they must present identification; only handling administrative violations directly with the violator or legally authorized person;

- Recording the date of delivery of the sanction decision on the decision, and requiring the violator or representative of the violating organization to sign for confirmation;

- Providing 01 copy of the sanction decision to the fined individual or their legal representative or authorized person, another copy submitted to the State Treasury or the bank collecting the fine;

- In case the individual or organization has paid the fine, the officer handling the administrative violation at the unit shall:

- Receive the fine receipt;- Check and compare the fine receipt with the violation dossier and file;- Return the seized exhibits, vehicles, and documents according to administrative procedures (unless the right to use or possession was revoked or confiscated) to the violator or the owner of the seized items, vehicles, or legal representative of the offending organization. If the fined individual is not the owner, authorization from the owner is required.- Returning the seized items, vehicles, documents must be documented with a decision and minutes.

Note:

- In cases where individuals or organizations pay the administrative fines via account, public postal services, online public service portals (if any), or in cases: paying fines in installments; fine exemption or reduction; overdue fines or applying enforcement measures, the current legal regulations apply.- Within no more than 48 hours after the individual or organization has complied with the sanction decision, the officer handling the violation must update the Register of Administrative Violations Handling and arrange the dossier according to proper archival policies.

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

Ty Na

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