Newest guidance on handling violations during patrol and control of road traffic police in Vietnam

Newest guidance on handling violations during patrol and control of road traffic police in Vietnam (Image from Internet)

Newest guidance on handling violations during patrol and control of road traffic police in Vietnam

According to the provisions of Article 20 of Circular 32/2023/TT-BCA (amending Clause 3, Article 1 of Circular 28/2024/TT-BCA), the handling of violations during patrol and control of road traffic police in Vietnam is as follows:

- Administrative Sanction Without a Record

When discovering an administrative violation that falls under the category of administrative sanction without a record, Traffic Police officers shall make an on-the-spot decision on administrative sanctions according to regulations.

In case the individual or organization violating (hereinafter referred to as the violator) does not immediately comply with the sanction decision, relevant documents shall be temporarily held as provided in Points d and g, Clause 2, Article 21 of Circular 32/2023/TT-BCA (amending Clause 4, Article 1 of Circular 28/2024/TT-BCA) and other relevant legal provisions on handling administrative violations to ensure the enforcement of administrative sanction decisions.

- Administrative Sanction with a Record

+ When discovering an administrative violation that requires a sanctioned record, Traffic Police officers shall make an administrative violation record according to regulations. The administrative violation record shall be made using a pre-printed form or drafted on the Administrative Violation Handling Database System;

+ Upon completion of the administrative violation record, the recording officer shall read it out loud for those named in the record to hear;

Guidance on the rights and deadline for explaining administrative violations is provided, as specified in Article 61 of the Administrative Violation Handling Law 2012 (amended 2020);

Request the violator to provide a contact phone number (if any) to receive sanction information via the National Public Service Portal, the Ministry of Public Security’s Public Service Portal;

Sign the record (if the violator cannot sign, then using fingerprints), except cases where the record is made as provided in Clause 7, Article 58 of the Administrative Violation Handling Law 2012 (amended 2020). In case there are witnesses, interpreters, victims, or representatives of the affected organization, they must also sign the record; if the administrative violation record consists of multiple pages, each page must be signed;

+ In case the violator is absent at the violation site or deliberately evades or cannot sign, fingerprints on the record due to objective reasons, or refuses to sign, fingerprints on the record, or cannot identify the violator, the Head of the Traffic Police Unit shall invite a representative of the local government where the violation occurred or at least one witness to sign the record confirming the violator's refusal to sign, fingerprint the record; if there is no signature from the local government representative or witness, the Traffic Police officer must clearly state the reason in the record.

Use means and professional technical equipment to record the incident and report to the unit chief in writing for the authorized person to review and decide on the sanction;

+ The delivery of the administrative violation record to the violator shall follow the provisions of Article 58 of the Administrative Violation Handling Law 2012 (amended 2020) and Article 12 of Decree 118/2021/ND-CP.

Vo Tan Dai

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