This notable content is regulated in Circular 32/2016/TT-BGTVT, amending and supplementing Circular 02/2014/TT-BGTVT, which specifies the procedures for specialized inspection, administrative violation penalties; the planning work, policy reporting, and internal management of the Transport Inspection Sector.
The person who makes the administrative violation record (VPHC) without adequate authority to impose penalties for administrative violations must submit or transfer the violation case to the competent authority to make decisions on administrative penalties. Specifically:
- Cases beyond the authority of the Head of the inspection team: transfer to the Head of the Agency assigned to perform specialized inspection functions, Chief Inspector of the Ministry, or Chief Inspector of the directly managing Department for review and decision on administrative penalties.
- Cases beyond the authority of the Airport Authority, Maritime Authority, Inland Waterways Authority, Inland Waterways Sub-Department, or Representative Head of the Authority: depending on the nature and extent of the violation, the Director of the Authority, Director of the Sub-Department, or Representative Head of the Authority shall decide to transfer to the nearest local government or the Head of the Agency assigned to perform specialized inspection functions to make decisions on administrative penalties.
- Violation cases beyond the authority of inspection officials under the Vietnam Road Administration, the Vietnam Railway Administration, and the Vietnam Inland Waterways Administration: transfer to the competent authority in the nearest specialized field to make decisions on administrative penalties.
- Administrative violation cases recorded by officials and public employees assigned with road inspection duties should be transferred to the local authority where the violation occurred or to the Inspectorate of the Department of Transport, or the Regional Road Management Department for decisions on administrative penalties.
Details are available at Circular 32/2016/TT-BGTVT effective from January 01, 2017.
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