The Ministry of Public Security is seeking comments on the Draft Circular regulating the process of patrolling, controlling, and handling administrative violations of road traffic order and safety by the Traffic Police until September 26, 2024.
Article 24 of the draft stipulates the procedure for handling results collected by professional technical means and equipment in cases of violations where the vehicle cannot be stopped for control and handling of violations ( cold fines ).
Some notable points of this regulation are as follows:
Within 10 days from the date of discovery of the violation
The competent person to impose penalties of the police agency where the administrative violation is detected shall perform the following:
Identify information about vehicles, vehicle owners, organizations and individuals involved in administrative violations.
Send a notice requesting the vehicle owner, organization, or individual involved in the administrative violation to the police headquarters where the administrative violation is detected or to the police headquarters of the commune, ward, town, or district-level police where the person resides or is headquartered to resolve the case.
In case the violation is resolved and handled by the police agency where the violation is discovered, the results of the case resolution must be immediately notified (on the Administrative Violation Handling Database System) to the Commune, Ward, Town Police or District Police that received the results collected by professional technical means and equipment. At the same time, the status of the case resolution and handling must be updated on the Traffic Police Department's Electronic Information Page.
After 20 days from the date of sending the notice of violation
If the vehicle owner, organization or individual involved in an administrative violation does not come to the police headquarters where the violation was discovered to resolve the case or the police agency where the violation was discovered has not received notification of the results of the settlement and handling of the case from the commune, ward or town police, or the district-level police have received the results collected by professional technical means and equipment, the person with the authority to handle administrative violations of the police agency where the violation was discovered shall do the following:
Update information of the violating vehicle (vehicle type; license plate, license plate color; time, location of violation, violation; unit detecting the violation; unit handling the case, contact phone number) on the Traffic Police Department's website so that vehicle owners, organizations and individuals related to the administrative violation know and contact to resolve according to regulations.
Send warning notices of violating vehicles to the Vehicle Inspection Agency (for vehicles subject to inspection regulations), vehicle registration agency; send notices to the driving license issuing agency; update the status of sending warning notices to the Vehicle Inspection Agency on the Administrative Violation Handling Database System.
For vehicles being motorbikes, scooters, and electric motorbikes, continue to send notices to the police of the commune, ward, or town where the vehicle owner, organization, or individual involved in the administrative violation resides or has its headquarters.
The police of communes, wards and towns are responsible for sending notices to vehicle owners, organizations and individuals related to administrative violations and requesting them to comply with the notices of violations; the results of the work are reported back to the police agency that issued the notices of violations.
