Procedures for resolution and handling of traffic violations at unit headquarters in Vietnam from the year 2025

Procedures for resolution and handling of traffic violations at unit headquarters in Vietnam from the year 2025 (Image from the internet)

The Minister of Public Security of Vietnam issued Circular 73/2024/TT-BCA on November 15, 2024, regulating the patrol, control, and handling of legal violations concerning road traffic order and safety by the Traffic Police.

Procedures for resolution and handling of traffic violations at unit headquarters in Vietnam from the year 2025

(1) When violators come to resolve violations, proceed as follows:

- Receive the administrative violation record from the violator and compare it with the violation file (in case of loss of the administrative violation record, thoroughly verify the violator's personal information with the violation file); do not resolve the case for intermediaries (except cases authorized according to legal regulations) or outside the designated administrative violation resolution area of the unit. For cases needing further verification, propose to the competent authority to organize verification;

- Notify the form, level of penalty, preventive measures, driving license point deduction measures (according to form 02 issued with Circular 73/2024/TT-BCA), other measures, and the results collected regarding the violation by technical and professional means as specified;

In cases where licenses, professional certificates, or driving licenses have been integrated or updated in the electronic identification account on the National Identification Application, the database managed and operated by the Ministry of Public Security, when applying the form of revoking the right to use, the competent person shall carry out revocation in the electronic environment, update the information on the revocation in the administrative violation handling database and synchronize it with the National Identification Application, Public Service Portal, Traffic Police Agency's website, database managed and operated by the Ministry of Public Security, the VNeCSGT App, and the Traffic Application for citizens managed and operated by the Ministry of Public Security (hereinafter referred to as the VNeTraffic App) so that violators and vehicle owners (for vehicle owner's documents) are aware and comply with legal regulations on road traffic order and safety, serving the functional authorities for checks, controls, and violation handling;

The notification of driving license point deduction is carried out according to the decree of the Government of Vietnam regulating administrative violation penalties in road traffic order and safety; point deduction and restoration for driving licenses.

- Deliver the decision on administrative violation penalties to the sanctioned person or their legal representative, or authorized person;

- Receive, check, and compare the penalty payment receipt (or other penalty payment documents according to legal regulations) with the administrative violation file and archive the file;

- Return the temporarily held items, vehicles, documents, or revoke usage rights according to administrative procedures to the sanctioned person. In cases where documents have information about being temporarily held or revoked usage rights on the National Identification Application, the database managed and operated by the Ministry of Public Security, the competent person issues a decision and records the return of documents to the sanctioned person; the administrative violation handling database synchronizes information with the National Identification Application, database, and software specified to remove information about the temporary hold or revoked usage rights of those documents;

- In cases of resolving cases via administrative violation notifications concerning road traffic order and safety: Check and compare information on the notification form, identity papers; show the violator the results collected regarding the violation by technical and professional means; make an administrative violation record and handle the violation according to regulations.

(2) In cases where the violator pays administrative violation penalties via the Public Service Portal

- The competent sanctioning authority sends penalty information to the Public Service Portal; the Public Service Portal automatically notifies the violator to check the administrative violation penalty decision information through the phone number provided by the violator to the police agency at the time of issuing the administrative violation record; vehicle registration;

- The violator accesses the Public Service Portal through the notified administrative violation penalty decision number or administrative violation record number to check the administrative violation penalty decision information; pay the administrative violation penalty, register to receive the temporarily held, revoked documents through the public utility postal service;

- The competent sanctioning authority checks the electronic receipt of administrative violation penalty payment sent by the Public Service Portal system to print, archive the administrative violation penalty file, and use it as a basis for returning temporarily held documents, removing the information on the temporary hold from the National Identification Application, database, and software as specified;

- The competent authority handling the administrative violation returns the temporarily held, revoked documents (when the revocation period ends) to the sanctioned person via public utility postal service. In cases where the documents contain information about being temporarily held or revoked usage rights on the National Identification Application, the database managed and operated by the Ministry of Public Security, the administrative violation handling database synchronizes information with the National Identification Application, database, and software specified at point b clause 1 Article 23 Circular 73/2024/TT-BCA to remove information on the temporary hold or revoked usage rights of those documents.

(3) If the violator pays the administrative violation penalty through the public utility postal service, follow the provisions of Article 20 Decree 118/2021/ND-CP.

(4) In cases where the deadline for resolving the violation recorded in the administrative violation record or in the competent authority's notice has passed, or the deadline for executing the penalty decision has expired but the vehicle owner or violator has not come to resolve or comply with the penalty decision, the competent sanctioning authority sends notification to the Inspection Agency (for vehicles requiring inspection), the vehicle registration agency, and the driving license issuing agency to coordinate handling according to the Law on Road Traffic Order and Safety; decree of the Government of Vietnam regulating administrative violation penalties in road traffic order and safety; driving license point deduction, and restoration.

The notification to inspection agencies, vehicle registration agencies, and driving license issuing agencies is conducted electronically through data connection and sharing or in writing.

(5) The point deduction and restoration for driving licenses are carried out according to the decree of the Government of Vietnam regulating administrative violation penalties in road traffic order and safety; driving license point deduction and restoration.

More details can be found in Circular 73/2024/TT-BCA which takes effect from January 1, 2025.

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