Procedure for 'cold fines' for violations of road traffic safety order

4 control contents of Traffic Police

Circular specifically regulates the content of traffic police's control of road traffic order and safety.

Specifically, the Traffic Police shall carry out the control contents as prescribed in Point b, Clause 1, Point a, Clause 5, Article 65, Law on Road Traffic Order and Safety and the following regulations:

1. Control documents related to people and vehicles, including:

a- Driving license; certificate of training in road traffic law, license or certificate of driving specialized motorbikes; vehicle registration certificate or certified copy of vehicle registration certificate with original confirmation documents from credit institutions or foreign bank branches; inspection certificate, technical safety and environmental protection inspection stamp (for types of vehicles that are required to be inspected); certificate of compulsory civil liability insurance of motor vehicle owners and other necessary related documents as prescribed (papers);

b- When the information of the documents has been integrated and updated in the electronic identification account on the National Identification Application, in the database managed and operated by the Ministry of Public Security, it is possible to perform inspection and control through the information in the electronic identification account on the National Identification Application, database; checking the information of the documents in the electronic identification account on the National Identification Application, database is as valid as directly checking the documents.

2. Control the conditions of vehicles participating in road traffic

Conduct inspections in order from front to back, from left to right, from outside to inside, from top to bottom, including the following contents: Shape, external dimensions, paint color, license plate; technical safety and environmental protection conditions of road motor vehicles, specialized motorbikes; journey monitoring equipment, driver image recording equipment according to regulations.

3. Control compliance with legal regulations on ensuring order and traffic safety in road transport.

Control the legality of goods, types, volume, quantity, specifications, sizes; objects; actual number of people transported compared to permitted regulations and safety measures in road transport.

4. Control other relevant content according to the provisions of law.

Detecting administrative violations through professional technical equipment and means

The Circular also states that traffic police officers use professional technical equipment and means to detect and collect violations of the law by people and vehicles participating in road traffic. Drivers of vehicles participating in traffic are responsible for cooperating with requests for inspection and control through professional technical equipment and means of traffic police officers.

The results collected by professional technical equipment and means are photos, images, printed forms, measurement indexes, data stored in the memory of professional technical equipment and means; are counted, listed, printed into photos or records of violations and stored in the administrative violation case file according to the provisions of law and the Ministry of Public Security on file work.

When technical equipment and vehicles detect and collect information and images of violations of the law by people and vehicles participating in road traffic, the competent person to impose penalties shall do the following:

a- Organize forces to stop vehicles to control and handle violations according to regulations. In case the violator requests to see information, images, and collected results about the violation, the Traffic Police Team will show them at the control location; if there is no information, images, or results at the control location, the violator will be instructed to view the information, images, and results when he/she comes to handle the violation at the unit's headquarters;

b- In case it is not possible to stop the violating vehicle to control and handle the violation, the provisions of Article 24 of this Circular shall apply.

Procedure for "cold fines" for vehicles violating traffic safety order

Article 24 specifically stipulates the procedure for handling results collected by professional technical equipment and means in cases of violations where the vehicle cannot be stopped for control and handling of violations.

1. Within 10 days from the date of discovery of the violation, the competent person of the Public Security agency where the administrative violation is discovered shall perform the following:

a) Identify information about vehicles, vehicle owners, organizations and individuals related to administrative violations through vehicle registration agencies, the National Population Database, and other relevant agencies and organizations;

b) In case the vehicle owner, organization or individual involved in the administrative violation does not reside or has its headquarters in the district where the police agency discovered the administrative violation, if it is determined that the administrative violation falls under the sanctioning authority of the Chief of the Commune, Ward or Town Police, the results collected by professional technical equipment and means shall be transferred to the Commune, Ward or Town Police where the vehicle owner, organization or individual involved in the administrative violation resides or has its headquarters to resolve and handle the violation (when equipped with a network system that can be sent electronically).

In case the administrative violation is not under the sanctioning authority of the Chief of the Commune, Ward or Town Police or is under the sanctioning authority of the Chief of the Commune, Ward or Town Police but the Commune, Ward or Town Police has not been equipped with a network connection system, the results collected by professional technical means and equipment shall be transferred to the District-level Police where the vehicle owner, organization or individual involved in the administrative violation resides or has its headquarters to resolve and handle the violation;

c) Send a notice requesting the vehicle owner, organization, or individual involved in the administrative violation to the headquarters of the police agency where the administrative violation is detected or to the headquarters of the commune, ward, town, or district-level police where the person resides or is headquartered to resolve the administrative violation if it is difficult to travel and there are no conditions to directly go to the headquarters of the police agency where the administrative violation is detected as prescribed in Clause 2, Article 15, Decree No. 135/2021/ND-CP. The sending of violation notices is done in writing, by electronic means of connection, and data sharing on the VNeTraffic App when meeting the conditions on infrastructure, technology, and information.

At the same time, update information of the violating vehicle (vehicle type; license plate, license plate color; time, location of violation, violation behavior; unit detecting the violation; unit handling the case, contact phone number) on the Traffic Police Department's website, VNeTraffic App so that vehicle owners, organizations and individuals related to administrative violations can know, look up, and contact for resolution.

2. When the vehicle owner, organization or individual involved in an administrative violation comes to the police agency to resolve the violation, the person with the authority to handle administrative violations of the police agency where the violation is detected or the Chief of the Commune, Ward or Town Police, or the Chief of the District Police will resolve and handle the violation according to the provisions of Clause 1, Article 15 of Decree No. 135/2021/ND-CP.

3. In case the violation is resolved and handled by the Commune, Ward, Town, or District Police, the results of the resolution and handling of the case must be immediately notified (on the basis of the administrative violation handling database) to the Police agency where the violation was detected. At the same time, update the status of the case being resolved and handled on the Traffic Police Department's website; remove the status of the warning notice being sent on the administrative violation handling database and immediately send a notice of termination of the warning of the violating vehicle to the Vehicle Inspection Agency or Vehicle Registration Agency (if there is a warning information from the Police agency where the violation was detected for the case specified in Clause 5 of this Article).

4. In case the violation is resolved and handled by the police agency where the violation is detected, it must immediately notify (on the basis of the administrative violation handling database) the results of the case resolution to the commune, ward, town police or district-level police that received the results collected by professional technical means and equipment. At the same time, update the status of the case being resolved and handled on the Traffic Police Department's website; remove the status of the warning notice being sent on the administrative violation handling database and immediately send a notice of termination of the warning of the violating vehicle to the inspection agency and vehicle registration agency for the case specified in Clause 5 of this Article.

5. After 20 days from the date of sending the notice of violation, if the vehicle owner, organization or individual involved in the administrative violation does not come to the headquarters of the police agency where the violation was discovered to resolve the case or the police agency where the violation was discovered has not received the notice of the results of the settlement and handling of the case from the commune, ward or town police, or the district-level police have received the results collected by professional technical means and equipment, the person with the authority to handle administrative violations of the police agency where the violation was discovered shall do the following:

a) Send a warning notice of violating vehicles to the Vehicle Inspection Agency (for vehicles subject to inspection regulations), the vehicle registration agency, and update the status of the warning notice sent on the administrative violation handling database.

b) For vehicles being motorbikes and mopeds, continue to send notices to the police of the commune, ward or town where the vehicle owner, organization or individual involved in the administrative violation resides or has its headquarters. The police of the commune, ward or town are responsible for forwarding the notices to the vehicle owners, organizations or individuals involved in the administrative violation and requesting them to comply with the notice of violation; the results of the work are reported back to the police agency that issued the notice of violation.

6. The transfer of results collected by professional technical equipment and means, and notification of results of handling violations are carried out by electronic means of connection and data sharing.

This Circular takes effect from January 1, 2025.