On the Government Electronic Information Portal, the draft Circular stipulating the procedures for patrolling, controlling, and handling administrative violations of road traffic order and safety by the Traffic Police is posted .
The circular is being consulted until September 26, 2024. This Circular will replace Circular No. 32/2023/TT-BCA of the Minister of Public Security.
In the presentation of the new draft circular, the Ministry of Public Security said that Circular No. 32/2023/TT-BCA of the Minister of Public Security regulates the tasks, powers, forms, contents and procedures of patrolling, Controlling and handling administrative violations of road traffic by the Traffic Police (hereinafter referred to as Circular No. 32/2023/TT-BCA), effective from September 15, 2023.
After nearly a year of implementation, Circular No. 32/2023/TT-BCA has some contents that are no longer consistent with the actual situation, creating a number of new problems: the Traffic Police Department has coordinated with a A number of related units build application software installed on mobile devices to apply in patrol and control work of the Traffic Police and receive information reflecting the situation of order and safety. Transportation is provided by the people.
Implementing Decision No. 06/QD-TTg dated January 6, 2022 of the Prime Minister approving the Project to develop application of population data, identification and electronic authentication to serve national digital transformation in the period of 2022 -2025 vision to 2030.
The Ministry of Public Security has deployed synchronization of driver's license and vehicle registration data on citizens' electronic identification accounts (VNeID) and data synchronization of the database system for handling administrative violations. on traffic order and safety of the Traffic Police force with an electronic identification and authentication system to display status information fields on driver's licenses and vehicle registrations that are being detained or revoked. the right to use, the agency temporarily detains and deprives the right to use, thereby having a basis to determine the conditions of the driver and vehicle participating in traffic, serving the work of inspection, control and handling of violations of the law. functional force.
In terms of legality, up to now, many legal documents serving as the legal basis for promulgating Circular No. 32/2023/TT-BCA have changed.
Typically, on June 27, 2024, the National Assembly passed the Law on Road Traffic Order and Safety to replace the 2008 Road Traffic Law, effective from January 1, 2025.
The Government has issued a Decree regulating penalties for administrative violations in the field of road traffic, replacing regulations in the field of road traffic order and safety in Decree No. 100/2019/ND-CP dated December 30, 2019 of the Government regulating penalties for administrative violations in the field of road and rail traffic and Decree No. 123/2021/ND-CP dated December 28, 2021 of the Government amending and supplementing a Number of articles of Decrees regulating penalties for administrative violations in the maritime sector; road and rail traffic; civil aviation and Decree No. 69/2024/ND-CP dated June 25, 2024 regulating electronic identification and authentication.
The Identity Law takes effect from July 1, 2024. In which, Clause 1 and Clause 3, Article 32 (Connecting, sharing, exploiting and using information in electronic identification and authentication systems), stipulates: "Information systems of state agencies, Political organizations, socio-political organizations, and public service providers connect to the electronic identification and authentication system to exploit information of electronic identity subjects to serve procedures. administration, public services in the electronic environment and other state management activities according to assigned functions and tasks through the electronic identification and authentication platform. Electronic identity subjects exploit and share their electronic identity information and other information that has been integrated into their electronic identity account on the electronic identification and authentication system with organizations and individuals. via national identification application or other forms as prescribed by law.
The Law on Electronic Transactions will take effect from July 1, 2024. Clause 3, Article 1 stipulates: In cases where other laws stipulate or do not stipulate that transactions are carried out by electronic means, the provisions of this Law shall apply. In case another law stipulates that transactions cannot be made by electronic means, the provisions of that law shall comply.
Therefore, according to the Ministry of Public Security, the issuance of a Circular by the Minister of Public Security to replace Circular No. 32/2023/TT-BCA is necessary.
