Circular No. 05/2014/TT-BGTVT stipulates the model records and decisions on administrative sanctions in road traffic and railways. This document provides specific guidance for competent authorities to prepare records and issue decisions on sanctions.
适用范围
Individuals and organizations with acts of administrative violations in road traffic and railways; persons authorized to prepare records and issue decisions on administrative sanctions.
要点
- Issuing model records and decisions on administrative sanctions in road traffic and railways (Article 3).
- In cases where the right to use a driving license made of PET material is revoked, the authorized person must clearly record the categories permitted to drive according to the driving license (Article 4).
- This circular does not apply other models of records and decisions except those issued together (Article 3.2).
- The violator still has the right to operate other types of vehicles listed in the driving license when the right to use certain categories is revoked (Article 4).
- This circular takes effect from May 15, 2014.
🌐 本文件的社会影响
- Facilitating competent agencies in preparing records and issuing decisions on administrative sanctions more easily.
- Ensuring transparency and clarity in the process of handling administrative violations.
- Citizens and businesses can understand the specific sanctioning procedures.
❓ 常见问题
To which cases does this circular apply?
It applies to individuals and organizations violating administrative regulations in road traffic and railways; persons authorized to prepare records and issue decisions on sanctions.
How does this circular stipulate the model records?
Issuing model records and decisions on administrative sanctions in road traffic and railways (Article 3).
What should be done when revoking the right to use a driving license made of PET material?
Must clearly record the categories permitted to drive according to the driving license and apply the form of sanction involving the revocation of the right to use the driving license for the type of vehicle violated (Article 4).
When does this circular take effect?
Takes effect from May 15, 2014.
全文
CIRCULAR
Issued Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…Regarding the model record, the model decision on administrative offenses
in the field of road traffic and railway
_________________
Pursuant to the Law oftraffic law on road transport dated November 13, 2008;
Pursuant to the Railway Law dated June 14, 2005;
Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;
Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;
Pursuant to Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing certain provisions and measures for implementing the Law on Handling Administrative Offenses;
Pursuant to Decree No. 171/2013/NĐ-CP dated November 13, 2013 of the Government on administrative penalties for violations in the field of road traffic and railway traffic;
At the proposal of the Inspector General of the Ministry, the Director of the Vietnam Road Administration and the Director of the Vietnam Railway Administration,
The Minister of Transport issues this Circular on the model record, the model decision on administrative offenses in the field of road traffic and railway.
Article 1. Scope of Regulation
This Circular promulgates the model record, the model decision, and the model document for transferring the right to use in administrative offenses in the field of road traffic and railway,
Article 2. Applicability
This Circular applies to individuals and organizations that commit administrative offenses in the field of road traffic and railway; persons with the authority to prepare records and impose administrative penalties, and individuals and organizations related to the preparation of records and issuance of decisions on administrative penalties in the field of road traffic and railway.
Article 3. Model record, model decision, and model document for transferring the right to use for administrative offenses in the field of road traffic and railway
1. Attached to this Circular is the Appendix containing the models of records, decisions, and documents for transferring the right to use for administrative offenses in the field of road traffic and railway.
2. In addition to the models of records and decisions attached to this Circular, competent authorities may use other models of records and decisions issued together with Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing certain provisions and measures to implement the Law on Handling Administrative Violations.
Article 4. Application of the model decision on administrative penalties involving revocation of driving license rights for cases where the violator holds a driving license made of PET material
In cases where the violator holds a driving license made of PET material (which includes Categories allowing operation of various types of motor vehicles such as motorcycles, cars, and tractors), if they are subject to the main form of administrative penalty or supplementary penalty involving the revocation of driving license rights according to Decree No. 171/2013/NĐ-CP dated November 13, 2013 of the Government on administrative penalties in the field of road traffic and railway, the person authorized to issue the administrative penalty decision must clearly state in the Decision on Administrative Offense the Categories allowed under the driving license and apply the penalty of revoking the right to use the driving license for the type of vehicle used in committing the violation (motorcycle, car, or tractor). The violator still retains the right to operate other types of vehicles listed in their driving license.
Article 5. Effective Date
This Circular takes effect from May 15, 2014.
Article 6. Implementation Organization
The Head of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, the Director of the Vietnam Road Administration, the Director of the Vietnam Railway Administration, Heads of agencies, organizations, and relevant individuals are responsible for implementing this Circular./.
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