Latest procedures for imposing camera-based traffic penalties in Vietnam

Latest procedures for imposing camera-based traffic penalties in Vietnam​ (Image from the Internet)

1. Latest procedures for imposing camera-based traffic penalties in Vietnam

According to Article 24 of Circular 73/2024/TT-BCA, the procedures for handling results obtained through technical means and professional equipment in cases where traffic violations are detected but the vehicle cannot be stopped for inspection and handling is as follows:

- Within 10 days from the date the violation is detected, the competent authority of the police department where the administrative violation is detected shall:

+ Identify information on the vehicle, the vehicle owner, and related organizations or individuals involved in the administrative violation through the vehicle registration agency, National Database on Population, and other relevant agencies or organizations;

+ In cases where the vehicle owner, organization, or individual related to the administrative violation does not reside or have an office in the district where the police department detected the administrative violation, and if the administrative violation falls under the fines authority of the Chief of Commune, Ward, or Commune-Level Town Police, transfer the collected results through technical means and professional equipment to the Commune, Ward, or Commune-Level Town Police where the relevant entities reside or have offices (using Form No. 03 issued with Circular 73/2024/TT-BCA) for resolving and handling the violation (when equipped with a network connection system for electronic sending).

In cases where the administrative violation does not fall under the fines authority of the Chief of Commune, Ward, or Commune-Level Town Police, or it does but the said police is not equipped with a network connection system, transfer the collected results to the District-Level Police where the relevant entities reside or have offices (using Form No. 03 issued with Circular 73/2024/TT-BCA) for resolving and handling the violation;

+ Send a notice (using Form No. 01 issued with Circular 73/2024/TT-BCA) requesting the vehicle owner, organization, or individual related to the administrative violation to come to the police department's office where the violation is detected or to the Commune, Ward, or Commune-Level Town Police, or District-Level Police offices where they reside or have offices, to resolve the violation if traveling directly is difficult and conditions do not allow for direct arrival at the police department office where the violation is detected, as stipulated in Clause 2, Article 15 of Decree 135/2021/ND-CP. Notification of the violation is done via document, electronic transfer using App VNeTraffic when infrastructure, technical, and information conditions are met.

Concurrently update information of the violating vehicle (vehicle type; license plate, plate color; time, location of violation, violation act; unit detecting the violation; unit resolving the case, contact phone number) on the Traffic Police Department's electronic portal and App VNeTraffic for the vehicle owner, organization, or individual related to the administrative violation to know, search, and contact for resolution.

- When the vehicle owner, organization, or individual related to the administrative violation arrives at the police office to resolve the violation, the competent authority for administrative violation fines of the police department where the violation was detected or the Chief of Commune, Ward, or Commune-Level Town Police or District-Level Police shall resolve and handle the case in accordance with Clause 1, Article 15 of Decree 135/2021/ND-CP.

- In cases where the violation case is resolved and handled by the Commune, Ward, or Commune-Level Town Police, or District-Level Police, they must promptly announce (on the administrative violation handling database) the resolution and handling results to the police department that detected the violation. Simultaneously, update the resolved status of the case on the Traffic Police Department's electronic portal; remove the warning notification status from the administrative violation handling database and promptly send a notice of conclusion on the violation vehicle warning to the Registry Authority and Vehicle Registration Agency (if there was a warning from the police department that discovered the violation as stipulated in Clause 5, Article 24 of Circular 73/2024/TT-BCA).

- If the violation case is resolved and handled by the police department that detected the violation, they must promptly announce (on the administrative violation handling database) the case resolution to the Commune, Ward, or Commune-Level Town Police, or District-Level Police that received the results gathered by technical means. Simultaneously, update the resolved status of the case on the Traffic Police Department's electronic portal; remove the warning notification status from the administrative violation database and promptly send a notice concluding the warning on the violating vehicle to the Registry Authority, Vehicle Registration Agency concerning the case stipulated in Clause 5, Article 24 of Circular 73/2024/TT-BCA.

- Beyond 20 days from the date of sending the violation notice, if the vehicle owner, organization, or individual related to the administrative violation does not come to the police office where the violation was detected to resolve the case or the police department that detected the violation has not received the resolution notification from the Commune, Ward, or Commune-Level Town Police, or District-Level Police that received the technical means collected results, the competent authority for administrative violation fines of the police department where the violation was detected shall:

+ Send a warning notice of the violating vehicle to the Registry Authority (for vehicles required to be inspected), Vehicle Registration Agency, and update the sent warning notification status on the administrative violation handling database.

+ For motorcycles or mopeds, continue to send a notice to the Commune, Ward, or Commune-Level Town Police where the vehicle owner, organization, or individual related to the administrative violation resides or has offices (using Form No. 04 issued with this Circular). The Commune, Ward, or Commune-Level Town Police is responsible for forwarding the notice to the vehicle owner, organization, or individual related to the administrative violation, and request them to comply with the notification; report the outcomes back to the police department that issued the violation notice (using Form No. 04 issued with Circular 73/2024/TT-BCA).

- The transfer of results collected by technical means and professional equipment, as well as notification of violation case resolution results, is conducted through electronic connection and data sharing.

2. Requirements for traffic police officers conducting patrol, inspection, and traffic violation handling tasks in Vietnam

Requirements for traffic police officers conducting patrol, inspection, and handling of road traffic violations according to Article 3 of Circular 73/2024/TT-BCA are as follows:

- Comply with road traffic order and safety laws, administrative violation handling laws, Circular 73/2024/TT-BCA, and other related laws.

- Perform assigned tasks comprehensively, accurately, and responsibly according to the patrol, inspection plans issued by competent authorities; practice democracy in ensuring traffic order and safety, public conduct codes, and Police regulations.

- When interacting with the public and individuals violating the law, exhibit appropriate decorum, manners, conduct, and culture.

- Detect, prevent, and promptly handle acts violating road traffic order and safety laws and other acts violating the law in accordance with prescribed procedures, processes, and authority.

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