Regulations on procedures for handling road traffic violations at traffic police headquarters. |
Specifically, Article 27 of Circular 32/2023/TT-BCA stipulates the procedure for handling road traffic violations at the headquarters of the Traffic Police unit as follows:
(1) When the violator comes to resolve the violation, do the following:
- Receive the administrative violation record from the violator and compare it with the violation record (in case of losing the administrative violation record, carefully compare the personal information of the violator with the violation record); do not resolve the case with an intermediary (except in cases authorized by law) or outside the unit's designated location for handling administrative violations.
For cases that need to be verified and clarified, the report recommends that the competent authority organize the verification;
- Notify the form, level of penalty, preventive measures, other measures, and results of collecting violations by means and technical equipment according to regulations;
- Deliver the decision on administrative sanction to the sanctioned person or legal representative, authorized person;
- Receive, check, and compare fine receipts (or other fine collection and payment documents as prescribed by law) with administrative violation records and keep records;
- Return exhibits, means, and documents temporarily detained under administrative procedures (except in cases of deprivation of the right to use or confiscation) according to the provisions of law;
- In case of handling a case according to a notice of administrative violation of road traffic order and safety: Check and compare the information on the notice and identification papers; let the violator see the results of the violation collected by professional technical means and equipment; draw up a record of the administrative violation and handle the violation according to regulations.
(2) In case the violator pays the administrative fine through the National Public Service Portal or the Ministry of Public Security's Public Service Portal
- The person with the authority to impose a penalty sends the penalty information to the Public Service Portal; The Public Service Portal automatically notifies the violator to look up information on the decision to impose an administrative penalty via the phone number the violator registered with the police agency at the time of making the administrative violation record;
- Violators access the Public Service Portal through the notified administrative violation penalty decision number or the administrative violation record number to look up information on the administrative violation penalty decision; pay the administrative violation penalty, and register to receive back the temporarily detained documents via the public postal service;
- The person with the authority to impose fines looks up the electronic receipt of administrative fines sent by the Public Service Portal system to print, save administrative fine records and serve as a basis for returning temporarily detained documents according to the provisions of law;
- The person with authority to handle administrative violations shall return the temporarily seized documents, which have expired, to the violator via the public postal service.
(3) In case the violator pays the administrative fine through the public postal service, it shall be implemented according to the provisions of Article 20 of Decree 118/2021/ND-CP.
(4) In case the violator does not comply with the decision to sanction administrative violations or the deadline for handling the violation recorded in the administrative violation record or the notice of the competent authority has passed, but the vehicle owner or the violator has not yet come to resolve or handle the violation (for vehicles subject to inspection regulations), the competent authority shall send a notice to the Registration Authority to coordinate handling in accordance with the provisions of Decree 139/2018/ND-CP (amended and supplemented by Decree 30/2023/ND-CP) and Decree 100/2019/ND-CP (amended and supplemented by Decree 123/2021/ND-CP).
(5) Handling of administrative violations in the electronic environment is carried out when there are sufficient conditions regarding infrastructure, technology and information.
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