New regulations on patrolling, controlling and handling road traffic violations in Vietnam

New regulations on patrolling, controlling and handling road traffic violations in Vietnam(Artwork)

1. Additional procedures for handling violations of vehicle which cannot be stopped

In Clause 2, Article 6 of Circular 15/2022 supplementing Article 19a on procedures for handling of proofs of violation obtained by using technical means or equipment without stopping violating vehicles for security check or imposition of penalties as follows:

- Within 10 working days from the day of detection of the act of violation, 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); (New content)

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 of such violation; (New content)

c) Sending notification (using the form No. 02/65/68) to request the vehicle owner, organization or individual involved in the administrative violation to come to the office of the Police where the violation is detected or the office of the Police of the commune or district where they reside or their office is located for handling of the administrative violation if it is impossible to directly contact the Police station where the violation is detect due to travelling difficulty as per clause 2 of Article 15 in the Government’s Decree No. 135/2021/ND-CP dated December 31, 2021, prescribing the list, management and use of technical means and equipment, and procedures for collection and use of data obtained by technical means and equipment that are provided by persons or entities to detect administrative violations (Currently, it is only prescribed to go to the police headquarters where violations are detected to handle violations)

- After the 20-day (currently 15-day) time limit from the day of delivery of notification of the violation, if the vehicle owner, organization or individual involved in the administrative violation does not come to the Police station that discovers the violation to receive the decision on handling of the case, or the violation-discovering Police station has not yet received notification of decision on handling of the case from the commune-level or district-level Police that has already received evidence obtained by technical means or equipment, the person having authority to impose fines of the Police that discovers the violation shall take the following actions:

+ Post latest information about the violating vehicle (e.g. make, number plate, plate color; location and time of violation, act of violation; unit discovering the violation; case-handling unit, contact phone number) on the website of the Traffic Police Department in order for the vehicle owner, organization or individual involved in that violation to know and contact the Police to seek their decision in accordance with regulations;

+ Send notification of the alert for the violating vehicle to the register agency (if the violating vehicle is a motorbike, trailer, semi-trailer or special-purpose vehicle); concurrently, update the status of "alert sent" to the register agency on the violation management and sanctioning system.

2. Additional regulations on paying fines through the National Public Service Portal, the Public Service Portal of the Ministry of Public Security of Vietnam

According to Clause 4, Article 6 of Circular 15/2022, where violating persons or entities pay fines via the National Service Portal or the Public Service Portal of the Ministry of Public Security of Vietnam:

- The person having jurisdiction to impose fines uploads information about imposition of fines on the public service portal; the public service portal automatically notifies the violator and request him/her to search for the decision on handling of administrative violation by using his/her phone number registered with the Police station at the time of the report on administrative violation;

- The violating person logs in the public service portal by entering the number of the decision on imposition of fine that he/she receives or the number of the report on administrative violation to have access to the decision on imposition of fine; pays the fine and registers to claim back his/her impounded papers through the public post service;

- The person having jurisdiction to impose the fine searches for the electronic receipt of the fine that the public service portal sends him/her to print it out, store it in the dossier on imposition of the fine and use it as a basis to return the impounded papers.

- The person having jurisdiction to impose fines returns the papers temporarily impounded or those of which the term of temporary custody expires to the violator by public post.”.

(Currently only stating cases of individuals and organizations violating the law. If administrative penalties are imposed through accounts, public postal services, and the National Public Service Portal, the implementation shall comply with current law and the Ministry of Public Security).

3. Amendment to the regulations on verification and handling of traffic violations

In Clause 6, Article 6 of Circular 15/2022 amending regulations on verification, collection of documents and details to determine administrative violations and handling of violations, specifically based on specific requirements of each case, competent to impose penalties:

Verify information about the violating vehicle and vehicle owner; send notification to the vehicle owner to invite the owner or the rider/driver to the Police station that issues the notification of violation to explain his/her violation clearly (by using the form No. 03/65/68);

Also, send notification to the Police of the commune where the vehicle owner resides or the office is located; upon receipt of the notification, the commune-level Police shall be responsible for forwarding that notification to the vehicle owner and requesting the vehicle owner to comply with the notification and reporting on the results of fulfillment of obligations specified in the notification to the Police that has issued such notification (by using the form No. 04/65/68);

(Currently, the competent person shall send a notice inviting the vehicle owner and the vehicle operator to the police agency to clarify the case. If the vehicle operator has not yet arrived at the headquarters of the police agency that has issued a notice to settle the case, the person with sanctioning competence shall continue to send a notice to the commune-level police station. Thus, according to the new regulations, the person with sanctioning competence must send a notice at the same time to the violating vehicle owner with the Commune Police, and the Commune Police must request the vehicle owner to make a notice).

Implement verification measures as prescribed in Clause 3, Article 21 of Decree 135/2021/ND-CP.

Circular 15/2022/TT-BCA takes effect from May 21, 2022.

Bao Ngoc

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