Thanh Hoa voters proposed to consider amending regulations on handling administrative violations in the field of traffic in the direction that violations need to be strictly handled, but suggested that people's vehicles should not be kept because it causes difficulties for people.
Regarding this petition, the Ministry of Transport responded as follows:
Clause 1, Article 125 of the Law on Handling of Administrative Violations stipulates: “Temporary detention of exhibits, means, licenses, and practice certificates according to administrative procedures shall only be applied in the following truly necessary cases:
To verify the circumstances that if not temporarily detained, there is no basis for issuing a decision on penalty. In case of temporary detention to assess the value of administrative violation evidence as a basis for determining the fine range and sanctioning authority, the provisions of Clause 3, Article 60 of this Law shall apply.
To immediately prevent administrative violations that, if not detained, will cause serious consequences for society.
To ensure the enforcement of the penalty decision as prescribed in Clause 6 of this Article.
Clause 10, Article 125 of the Law on Handling of Administrative Violations stipulates: "For vehicles violating administrative violations that are subject to temporary detention to ensure enforcement of decisions on handling administrative violations, if the violating organization or individual has a clear address, has conditions for parking and vehicle preservation, or has the financial capacity to post bail, the violating vehicle may be kept under the management of a competent state agency."
Thus, according to the Ministry of Transport, the provisions of the Law on Handling of Administrative Violations, the temporary detention of vehicles violating administrative violations is a measure to prevent and ensure the handling of administrative violations and is only applied in some specific cases.
In response to voters' opinions, in the process of amending decrees on administrative sanctions in the field of transport, which are being drafted by the Ministry of Transport, the Ministry will continue to research and perfect regulations on administrative sanctions to ensure strict handling of violations and not cause difficulties for people.
In addition, on June 27, 2024, the 15th National Assembly passed the Law on Road Traffic Order and Safety.
The Ministry of Public Security is presiding over the drafting of a Decree, which includes regulations on administrative sanctions for violations of traffic safety and order in the field of road traffic. The Ministry of Transport will closely coordinate with the Ministry of Public Security to review and complete these regulations, ensuring strict handling of violations and not causing difficulties for the people.
