What are cases in which violators in Vietnam can pay on-the-spot fines to traffic police officers?

What are cases in which violators in Vietnam can pay on-the-spot fines to traffic police officers?​ (Illustration)

Regarding this issue, Lawnet would like to respond as follows:

Article 56 of the Law on Handling Administrative Violations 2012 stipulates:

Article 56. Handling administrative violations without drafting minutes

1. Handling administrative violations without drafting minutes shall be applied in cases of warnings or fines up to 250,000 VND for individuals, 500,000 VND for organizations, and the authorized person must issue a decision on the spot.

In cases where administrative violations are detected using technical, professional means, devices, a record must be drawn up.

Thus, when citizens violate road traffic regulations in Vietnam, traffic police can still handle administrative violations without drafting minutes in cases of warnings or fines up to 250,000 VND for individuals and 500,000 VND for organizations.

Example 1: Mr. A is riding a motorcycle and is fined by the traffic police for not having a left mirror with a fine ranging from 100,000 to 200,000 VND. In this case, Mr. A can pay the on-the-spot fine to the traffic police.

Example 2: Mr. A is riding a motorcycle and is fined by the traffic police for having a blood alcohol concentration of 0.25 mg/1 liter of breath with a fine from 2 to 3 million VND. In this case, Mr. A will have to pay the fine directly at the State Treasury or transfer it into the State Treasury’s account. If the traffic police impose an incorrect fine level or request an on-the-spot payment, Mr. A has the right to file a complaint about this issue.

Additionally, citizens should note that the decision to handle administrative violations on the spot must clearly state the date, month, and year of issuance; the full name and address of the violating individual or the name and address of the violating organization; the violation act; the location where the violation occurred; the evidence and related circumstances for resolving the violation; the full name and position of the person who issued the handling decision; the articles and clauses of the legal documents applied. If a fine is imposed, the decision must clearly state the fine amount.

Moreover, Article 69 of the Law on Handling Administrative Violations 2012 stipulates:

Article 69. Enforcement of decisions to handle administrative violations without drafting minutes

1. The decision to handle administrative violations without drafting minutes must be handed over to the violating individual or organization. If a minor is warned, the decision must be sent to the parents or guardians.

2. The violating individual or organization shall pay the fine on the spot to the authorized person. The person collecting the fine is responsible for issuing the receipt to the payer and must submit the fine directly to the State Treasury or deposit it into the State Treasury’s account within 2 working days from the collection date.

If the violating individual or organization cannot pay the fine on the spot, they shall pay it at the State Treasury or into the State Treasury’s account within the specified period in Clause 1, Article 78 of this Law.

According to this regulation, citizens can pay fines on the spot to the traffic police for cases without drafting minutes. The collector is responsible for issuing the receipt and must submit the fine directly to the State Treasury or deposit it into the State Treasury's account within 2 working days from the collection date.

If citizens cannot pay the on-the-spot fine, they can pay it at the State Treasury or deposit it into the account of the State Treasury indicated in the handling decision within 10 days or no more than 7 days (in remote, border, or mountainous areas).

Furthermore, according to Clause 2 Article 78 of the Law on Handling Administrative Violations 2012, it is stipulated that "In remote, border, or mountainous areas where travel is difficult, the fined individual or organization can pay the fine to the authorized person. The authorized person is responsible for collecting the on-the-spot fine and submitting it to the State Treasury or depositing it into the State Treasury’s account within no more than 7 days from the collection date";

In case of handling violations at sea or outside business hours, the authorized person can collect the fine directly and must submit it at the State Treasury or deposit it into the State Treasury's account within 2 working days from the arrival date at the shore or the collection date.

Thu Ba

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