Please let me ask what is the legal order for temporarily holding documents of traffic violators? - Reader Quang Huy
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| Order of temporary detention of documents of traffic violators. (Source: TVPL) |
On August 1, 2023, the Minister of Public Security issued Circular 32/2023/TT-BCA stipulating the tasks, powers, forms, contents and procedures for patrolling, controlling and handling administrative violations of road traffic by the Traffic Police.
1. Order of temporary detention of documents of traffic violators
Specifically, at Point d, Clause 2, Article 21 of Circular 32/2023/TT-BCA, it is stipulated that in cases where only a fine is applied, the Traffic Police officer shall temporarily detain one of the following documents in order (unless such documents show signs of forgery and need to be verified to clarify the violation, other related documents may be kept):
- Driving license, Certificate of training in road traffic law
- Vehicle registration certificate or certified copy of Vehicle registration certificate with original valid receipt from credit institution (during the period the credit institution holds the original Vehicle registration certificate)
- Certificate of technical safety and environmental protection inspection, Certificate of validity of the Inspection Certificate and Inspection stamp (for types of vehicles that are required to be inspected)
- Other necessary documents related to exhibits and means as prescribed by law to ensure the enforcement of the penalty decision;
2. Procedure for handling traffic violations
Pursuant to Article 27 of Circular 32/2023/TT-BCA, the procedure for handling traffic violations is 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 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 according to the provisions of Decree 139/2018/ND-CP and Decree 100/2019/ND-CP.
Note : Handling of administrative violations in the electronic environment is carried out when there are sufficient conditions regarding infrastructure, technology and information.
See also Circular 32/2023/TT-BCA effective from September 15, 2023.
Circular 65/2020/TT-BCA; Article 4, Clause 11, Clause 12, Clause 13, Clause 14, Article 7 of Circular 15/2022/TT-BCA expires from September 15, 2023.
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