Circular No. 73/2024/TT-BCA regulates the patrol, control and handling of violations of the law on road traffic order and safety by traffic police (Circular 73). The Circular takes effect from January 1, 2025.
Article 16 of the Circular stipulates handling of violations during patrol and control in the following two cases:
Administrative sanctions without making a record
When detecting an administrative violation that is subject to administrative sanction without a record, the Traffic Police officer shall issue a decision to sanction the administrative violation on the spot according to his/her authority.
In case the violating individual or organization (hereinafter referred to as the violator) fails to immediately execute the penalty decision, the relevant documents and other relevant provisions of law on handling administrative violations shall be temporarily withheld to ensure the execution of the administrative penalty decision.
Administrative sanctions with records
When detecting an administrative violation that is subject to administrative penalty with a record, the Traffic Police officer shall make a record of the administrative violation according to regulations. The record of the administrative violation is made using a pre-printed form or based on the database of administrative violation handling.
When the administrative violation record is completed, the officer who made the record shall read it to the people whose names are in the record; provide instructions on the rights and time limit for explaining administrative violations for administrative violations that individuals and organizations have the right to explain according to the provisions of Article 61 of the Law on Handling of Administrative Violations (amended and supplemented in 2020); request the violator to provide a contact phone number to receive penalty information through the National Public Service Portal, the Ministry of Public Security Public Service Portal (hereinafter referred to as the Public Service Portal); sign the record (in case the violator cannot sign, he/she shall fingerprint), except in cases where the record is made according to the provisions of Clause 7, Article 58 of the Law on Handling of Administrative Violations (amended and supplemented in 2020). In cases where there are witnesses, interpreters, victims or representatives of the victims, these people must also sign the record; if the administrative violation record consists of multiple pages, each page must be signed.
In case the violator is not present at the place of violation or intentionally avoids or for objective reasons does not sign or point to the record or is present but refuses to sign or point to the record or in case the violator cannot be identified, the head of the traffic police team will invite a representative of the commune-level authority where the violation occurred or at least 1 witness to sign the record confirming that the violator did not sign or point to the record.
In case there is no signature of the representative of the commune-level government or of the witness, the traffic police officer must clearly state the reason in the minutes.
Use technical equipment and means to record the incident and must report in writing to the head of the unit as a basis for competent authorities to consider and decide on penalties.
The delivery of administrative violation records to violators shall comply with the provisions of Article 58 of the Law on Handling of Administrative Violations (amended and supplemented in 2020) and Article 12 of Decree No. 118/2021/ND-CP detailing a number of articles and measures to implement the Law on Handling of Administrative Violations.
