From May 21, 2022: 05 new regulations you should know regarding camera-based ticketing in Vietnam

From May 21, 2022: 05 new regulations you should know regarding camera-based ticketing in Vietnam (Artwork)

1. Increase the time to process camera-based ticketing.

According to Clause 1, Article 4 of Circular 15/2022/TT-BCA, in case it is not possible to stop the violating means of transport to control and handle administrative violations, the collected results shall be handled by means of technical and professional equipment within 10 working days from the date of detection of the violation.

(According to Circular 65/2020/TT-BCA, the deadline is currently five working days)

Thus, from May 21, 2022, the deadline for handling will be increased to 10 days instead of the 5 days as previously prescribed.

2. The results of camera-based ticketing are sent to the police station where the violators reside for handling.

Pursuant to Clause 2, Article 4 of Circular 15/2022, In case where it is impossible to stop violating vehicles to check their compliance with traffic security requirements or impose fines on them, persons having jurisdiction to impose fines of the Police having authority over the place where the violation is detected shall take the following actions:

- Identify information about the violating vehicle, vehicle owner, organization or individual related to the administrative violation via the registration agency and the national population database;

- For the vehicle owner, organization or individual involved in the administrative violation that is a non-resident person, has their office located at the district where the Police detects their administrative violation:

+ If it is determined that such violation falls under the authority to impose fines of the Chief of the commune-level Police, evidence obtained by using technical means and equipment should be transmitted to the Police of the commune where the vehicle owner, organization or individual involved in the administrative violation resides or their office is located (by using the form No. 01/65/68) for handling of the violation (when the Police is equipped with the online network system);

+ Where the violation does not fall under the authority to impose fine of the Chief of the commune-level Police or falls under the authority to impose fine of the Chief of the commune-level Police that has not yet been equipped with the online network system, the evidence obtained by using technical means or equipment shall be transmitted to the Police of the district where the vehicle owner, organization or individual involved in that violation reside or their office is located (by using the form No. 01/65/68) for processing and handling the following violation:

(1) The administrative violation falls outside the purview of the commune-level Police Chief's sanctioning authority.

(2) Administrative violations are under the sanctioning competence of the Chief of the Commune Police, but the Commune Police are not equipped with a network connection system.

(Currently, Circular 65/2020 stipulates that after verifying information about means of transport, vehicle owners committing traffic violations will send a written notice requesting the vehicle owner and related individuals and organizations (if any) to come to the police headquarters where the violation was detected to settle the violation case. If a traffic violation has not yet arrived at the headquarters of the police agency that has issued a violation notice to settle the case, the person with sanctioning competence shall continue to send a notice to the commune-level police station where the vehicle owner resides, studies, works, or where the head office is located.)

3. Coming back to the place of violation to settle the ticket is not required

Currently, in Circular 65/2020, when being ticketed, violators will receive an invitation to go to the police headquarters where violations are detected to handle violations. In this case, the person being ticketed is forced to return to the place of violation to deal with it.

However, from May 21, 2022, if it is difficult to travel and you cannot directly go to the headquarters of the police agency where the violation is detected, they will send a notification to the headquarters of the commune-level police office or the district-level police office where they reside or are located to settle the case.

When violators come to work, the head of the commune-level police station and the district-level police chief shall make a record and issue a decision on sanctioning traffic violations according to regulations.

4. Extend the deadline for sending vehicle registration warning notices.

In Clause 2, Article 4 of Circular 15/2022, it is clear that, past the time limit of 20 days (including holidays), from the date of sending the violation notice, the violator shall not come to the headquarters of the police agency where the violation is detected. The police agency where the violation is detected has not yet received notification of the results of the settlement and handling of the case by the commune-level police office or the district-level police office, the person with sanctioning competence of the security where violations are detected:

- Update information about violating means of transport on the website of the Traffic Police Department so that vehicle owners, organizations, and individuals involved in administrative violations know and contact them for settlement according to regulations;

- Send a notice of warning to the violating vehicle to the registry office (for the violating means of transport are cars, trailers, semi-trailers, and special-use motorcycles); at the same time, update the status of sending warning notices to the registry on the system of management and handling of administrative violations.

(According to current regulations, if the violator does not come to the police office where the violation occurs for 15 working days to settle the case, the person competent to handle it will send a notice to the registry office (for vehicle owners such as trailers, semi-trailers, and special-use motorcycles), to coordinate in sanctioning administrative violations in the field of road and railway traffic.)

5. It is allowed to pay fines at the Public Service Gate of the Ministry of Public Security of Vietnam

Circular 15/2022 supplements regulations that require traffic violators to pay fines through the Public Service Portal of the Ministry of Public Security of Vietnam

To pay fines, violators take the following steps:

Step 1: Go to https://dichvucong.bocongan.gov.vn/.

Step 2: Select Registration, Road Motor Vehicle Management.

Step 3: Select "Pay fines for handling administrative violations in the field of road traffic."

Step 4: Select Submit application and follow the instructions on the system to pay the fine.

Currently, according to Article 20 of Decree 118/2021/ND-CP, traffic violators can pay fines through the following methods:

-Deposit cash directly at the State Treasury or the commercial bank where the State Treasury opens an account (indicated in the sanctioning decision).

-Transfer money to the account of the State Treasury through the National Public Service Portal or electronic payment services of banks or intermediary payment service providers.

-Pay fines directly to traffic policemen.

-Pay fines through the public postal service.

Bao Ngoc

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