The Ministry of Construction is seeking opinions on the draft Decree regulating administrative sanctions for violations in the road sector.
Article 24 of the draft Decree on temporary detention of documents related to drivers of vehicles and means of violation is as follows:
To ensure the enforcement of the decision to sanction administrative violations, the person with the authority to sanction can decide to temporarily detain the vehicle or documents related to the driver and the vehicle that violates one of the acts specified in this Decree as prescribed in Point a, Point c, Clause 1; Clause 2; Clause 6; Clause 7; Clause 8, Article 125 of the Law on Handling of Administrative Violations.
In case at the time of inspection, the driver cannot present one, some or all documents (driver's license, vehicle registration certificate or a certified copy of the vehicle registration certificate accompanied by the original valid receipt of the credit institution or foreign bank branch in case the credit institution or foreign bank branch holds the original vehicle registration certificate, technical safety inspection certificate and environmental protection certificate) as prescribed, the following shall be handled:
The competent person shall draw up a record of administrative violations against the driver for the act of not having documents (corresponding to the types of documents that cannot be presented), at the same time draw up a record of administrative violations against the vehicle owner for the corresponding violations as prescribed in Articles 12 and 13 of this Decree and temporarily detain the vehicle as prescribed.
Within the time limit for resolving the violation recorded in the administrative violation record, if the violator can present the documents according to regulations, the competent person shall issue a decision to sanction the driver for not carrying documents and not sanction the vehicle owner.
After the deadline for resolving the violation recorded in the administrative violation record, if the violator can present or cannot present the documents according to regulations, he/she must comply with the decision to sanction the administrative violation according to regulations for the violations recorded in the administrative violation record.
