The Ministry of Public Security is submitting the third draft of the Decree on administrative sanctions for violations of traffic order and safety in the field of road traffic; deduction of points and restoration of driving license points. The draft will take effect from January 1, 2025.
Article 48 of the draft stipulates the temporary detention of vehicles and documents related to the driver and the violating vehicle.
Some notable points are as follows:
To ensure the enforcement of decisions on administrative sanctions or to verify circumstances as the basis for issuing decisions on sanctions, the competent authority may also decide to temporarily detain the vehicle and documents related to the driver and vehicle violating one of the acts specified in this Decree.
When the documents are temporarily withheld according to regulations, if the deadline for resolving the violation recorded in the administrative violation record has passed, the violator has not yet arrived at the headquarters of the competent authority to resolve the violation but continues to drive the vehicle or put the vehicle into traffic, the penalty will be applied as for not having documents.
In case at the time of inspection, the vehicle driver cannot present one, some or all of the documents (Driver's license, Vehicle registration certificate, Technical safety and environmental protection inspection certificate) as prescribed (paper copy or electronic identification account), the following shall be handled:
The competent person shall draw up a record of administrative violations against the vehicle driver for the act of not having documents (corresponding to the types of documents that cannot be presented), and at the same time draw up a record of administrative violations against the vehicle owner for the corresponding violations prescribed in this Decree and temporarily detain the vehicle according to regulations.
Within the time limit for resolving the violation recorded in the administrative violation record, if the driver of the transport business vehicle presents the documents or information of the documents integrated in the electronic identification account as prescribed, the competent person shall issue a decision to impose a penalty for the act of not carrying documents on the driver of the vehicle (no penalty shall be imposed on the vehicle owner);
Within the time limit for resolving the violation recorded in the administrative violation record, if the violator presents the documents or information of the documents integrated in the electronic identification account as prescribed (except for the case specified in Point b of this Clause), the competent person shall not issue a decision to sanction the administrative violation for the violation without documents.
After the deadline for resolving the violation recorded in the administrative violation record, if the violator presents or fails to present documents or information of documents integrated in the electronic identification account as prescribed, he/she must comply with the decision to impose administrative sanctions as prescribed for the violations recorded in the administrative violation record.
When a vehicle is detained according to regulations, the vehicle owner must bear all costs for using another vehicle to replace the vehicle to transport people and goods carried on the detained vehicle.
In case the vehicle owner or driver is not present at the place where the violation occurred or is present but does not comply with the request of the person with authority to temporarily detain, the person with authority to temporarily detain shall move the violating vehicle to the place of temporary detention according to regulations.
In case of not being able to do so, the person with authority to temporarily detain may hire an organization or individual to move the vehicle. The driver or owner of the violating vehicle must pay the cost of moving or hiring the vehicle to be moved to the temporary detention location.
