Regulations on penalties for traffic violations with and without making a record in Vietnam

Regulations on penalties for traffic violations with and without making a record in Vietnam​ (Image from Internet)

1. Regulations on penalties for traffic violations with and without making a record in Vietnam

According to Article 16 of Circular 73/2024/TT-BCA, the handling of administrative violations is conducted in accordance with the law on handling administrative violations and the following provisions:

- Penalties for administrative violations without making a record

When detecting an administrative violation that falls under cases where administrative violation penalties are without making a record, traffic police officers shall issue immediate administrative violation penalty decisions according to their authority. If the individual or organization in violation (hereinafter referred to as the violator) does not immediately comply with the penalty decision, relevant documents shall be temporarily retained as stipulated in point d, point g, clause 2, Article 17 of Circular 73/2024/TT-BCA and other related legal regulations to ensure compliance with the administrative violation penalty decision.

- Penalties for administrative violations with making a record

+ When detecting an administrative violation that requires making a record, traffic police officers shall document the administrative violation report according to regulations. The administrative violation report is prepared using a pre-printed form or established on the administrative violation processing database;

+ After completing the administrative violation report, the officer reads it back to those named in the report for review; guides them on their rights and the deadline for presenting arguments regarding the administrative violation for which individuals or organizations have the right to present arguments according to Article 61 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020); requests the violator to provide a contact phone number (if available) for receiving penalty information through the National Public Service Portal, Ministry of Public Security Public Service Portal (hereinafter referred to as the Public Service Portal); signs the report (if the violator cannot sign, fingerprints are taken), except in cases where the report is prepared according to clause 7, Article 58 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020). In cases where there are witnesses, interpreters, victims, or representatives of affected organizations, these persons must also sign the report; if the report consists of multiple pages, each page must be signed;

+ In cases where the violator is not present at the violation site, deliberately avoids being present, or due to objective reasons does not sign, fingerprint, or refuses to sign, fingerprint the report despite being present, or if the violator cannot be determined, the Leader of the Traffic Police Team invites a representative of the local commune government where the violation occurred or at least one witness to sign the report confirming the violator's refusal to sign or fingerprint the report; if there is no signature from the local commune government representative or a witness, the traffic police officer must clearly state the reason in the report. Use technical and professional equipment to record the incident and report in writing to the unit head to serve as a basis for competent authorities to consider and decide on penalties;

+ The delivery of the administrative violation report to the violator is carried out according to the provisions of Article 58 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020) and Article 12 of Decree 118/2021/ND-CP.

2. Regulations on detection of administrative violations through traffic police technical equipment in Vietnam

According to Article 15 of Circular 73/2024/TT-BCA, the regulations on detecting administrative violations through traffic police technical equipment are as follows:

- Traffic police officers use technical equipment to detect and collect legal violations by people and vehicles participating in road traffic. Vehicle operators have the responsibility to cooperate according to inspection and control requests through technical equipment of the traffic police officers.

- Results collected using technical equipment include photographs, images, printed statements, measured data, stored in the memory of technical devices; they are enumerated, listed, printed as photographs or recorded reports about the violation and stored in the violation case file in accordance with legal regulations and the regulations of the Ministry of Public Security on file management.

- When technical equipment detects and collects information and images about legal violations by people and vehicles participating in road traffic, the authorized officials handling penalties shall proceed as follows:

+ Organize forces to stop traffic vehicles to control and handle violations according to regulations. If violators request to view information, images, and results collected about the violation, the Traffic Police Team should show them at the control site; if information, images, and results are not available at the control site, guidance is given to view these when handling violations at the unit headquarters;

+ In cases where the traffic vehicle in violation cannot be stopped for control and handling, proceed as prescribed in Article 24 of Circular 73/2024/TT-BCA.

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