Clause 2, Article 17 of Circular No. 73/2024/TT-BCA stipulates the patrol, control and handling of violations of laws on road traffic order and safety by traffic police, effective from January 1, 2025, as follows:
When detecting a violation that requires temporary detention of exhibits, means of administrative violation (holding vehicles), licenses, and practice certificates, the head of the Traffic Police team shall directly notify or assign an officer in the team to notify the violator and relevant persons present, proceed to draw up a record of the administrative violation; draw up a record of temporary detention of exhibits, means of administrative violation, licenses, and practice certificates. In case the exhibits and means of temporary detention must be sealed, the sealing shall be carried out according to regulations.
Within 24 hours from the time of making the record, the traffic police officer making the record must report to the competent authority on the temporarily detained exhibits, means of administrative violation, licenses, and practice certificates for consideration and issuance of a decision on temporary detention.
For perishable goods, traffic police officers must immediately report to their direct superiors for handling. If there is damage or loss, compensation must be made according to the provisions of law.
In case no decision is made to temporarily detain, the exhibits, means of administrative violation, licenses and practice certificates must be immediately returned.
In case of temporary detention of exhibits and means of administrative violation, if the vehicle driver is not present at the place of violation or intentionally avoids, obstructs or fails to comply, the traffic police officer shall draw up a working record, a temporary detention record, with the signature of the representative of the commune-level authority or at least 1 witness; use professional technical equipment and means (cameras) to record the incident; use measures to bring exhibits and means of administrative violation to the place of temporary detention; verify and send a notice to the vehicle owner, requesting the violator to come and resolve the matter.
In case only a fine is applied, the Traffic Police officer shall temporarily detain one of the following documents in order: driver's license, certificate of training in road traffic law, license or certificate of driving a specialized motorbike or vehicle registration certificate or copy of vehicle registration certificate with original confirmation document of a credit institution or foreign bank branch that is still valid or a certificate of technical safety and environmental protection inspection or other necessary documents related to the exhibits or means according to the provisions of law to ensure the enforcement of the penalty decision.
In case of handing over the temporarily detained vehicle to ensure the execution of the penalty decision to the violator for management and preservation, it shall be implemented in accordance with the Government's regulations on management and preservation of exhibits and means of administrative violations temporarily detained under administrative procedures.
The authority, procedures for temporary detention and return of exhibits, means of administrative violations, licenses and practice certificates shall comply with the provisions of the law on handling administrative violations.
The decision to temporarily detain exhibits, means of administrative violations, licenses, and practice certificates shall be given to the violator in one copy; in case it cannot be delivered directly, it shall be sent via public postal service or electronically.
In case documents related to people and vehicles have been integrated and updated in the electronic identification account on the national identification application, the database managed and operated by the Ministry of Public Security, when temporarily holding the documents, the person with the authority to temporarily hold the documents shall temporarily hold the documents in the electronic environment, update information about the temporary holding of those documents in the administrative violation handling database and synchronize with the National Identification Application, database, application, other electronic information systems managed by the Ministry of Public Security so that violators and vehicle owners know and comply with the provisions of law on order and safety of road traffic, serving the competent authorities to inspect, control, and handle violations.
