Ministry of Transport "withdraws" regulations on penalizing unregistered vehicles
Due to its infeasibility, the regulation on penalizing unregistered vehicles has just been temporarily withdrawn from the Draft Decree (2nd time) on penalizing administrative violations in the field of road traffic by the Ministry of Transport (MOT).
On the afternoon of March 11, speaking to the press, Minister of Transport Dinh La Thang said that the regulation on penalties for vehicle owners who violate the act of not transferring vehicle ownership has been affirmed in the current Law and previous Decrees (Decree 15, Decree 34, Decree 71). However, in the process of implementing Decree 71, this penalty provision is not feasible, so it is recommended that the Drafting Committee remove the provision from the Decree.
The regulation on penalizing unregistered vehicles is not feasible, so the Ministry of Transport has withdrawn it.
Draft Decree 71 amendment
Minister Thang affirmed: “The penalty fee has increased too high and the implementation process of this provision is too difficult, so the feasibility of the penalty provision is not high. The Ministry of Transport and related ministries and branches will continue to study and carefully evaluate legal documents in a synchronous manner. When the penalty is considered highly feasible, when the system of guiding documents is complete, we will propose to add it to Decree 71 or include it in other legal documents that are more suitable, more public and transparent.”
Although the verification is done by the person performing the official duties, the vehicle user is not involved in that process, but Minister Thang emphasized that the verification process of whether or not the owner has been transferred must be clear. Currently, due to the lack of clarity, it is easy to lead to a situation where a traffic participant is fined for violating an act but then has to verify whether or not the owner has been transferred.
“Traffic participants violate the red light rule, they carry out the administrative penalty decision and pay the fine immediately to take the vehicle away, but the person on duty has not proven whether the vehicle has been transferred or not and continues to keep it, causing inconvenience to the people” - Minister Thang cited.
The head of the transport sector also reminded the Drafting Committee of the Decree that when collecting opinions, we must listen. When many people oppose or agree, we must accept those opinions.
In a related development, Mr. Tran Son Ha - Deputy Director of the Department of Road and Railway Traffic Police (Ministry of Public Security) - said: Regulations on vehicle ownership transfer have been implemented by the Ministry of Public Security for a long time and people still comply well, only when Decree 71 is amended and the fee is increased, people react.
However, Mr. Ha said it is necessary to introduce regulations on penalties for ownerless vehicles because previous legal documents already exist (to avoid the situation where the Law has not been properly implemented and cannot be implemented or is included in the Law but cannot be implemented), and in practice, it is necessary to have them in criminal cases and traffic accident investigations. This is also to ensure the legitimate rights and interests of citizens, and to enhance the strictness of State management agencies...
According to Mr. Ha, when Decree 71 is included, there will be no penalties for those who borrow vehicles (family members, friends), but if the vehicle owner hands over the vehicle to an incompetent person and causes an accident, they must be punished.
Thus, although the Ministry of Transport has removed the regulation on penalties for unregistered vehicles from Decree 71, the relevant ministries and branches still have many different opinions. If the Drafting Committee of this Decree cannot reach an agreement, according to the process, it will have to report to the Government to get opinions and votes.
According to Kienthuc.net-M
