Circular No. 11/2013/TT-BCA detailing the implementation of certain provisions of Decree No. 34/2010/NĐ-CP dated October 2, 2010 and Decree No. 71/2012/NĐ-CP dated September 19, 2012 amending and supplementing certain provisions of Decree No. 34/2010/NĐ-CP on administrative penalties for violations in the field of road traffic.

CIRCULAR

Detailed regulations on implementation of certain provisions of Decree No. 34/2010/NĐ-CP dated October 2, 2010 and Decree No. 71/2012/NĐ-CP dated September 19, 2012 amending and supplementing certain provisions of Decree No. 34/2010/NĐ-CPconcerning administrative penalties for violations in the field of road traffic

BASED ON THE LAW ON TRAFFIC ON ROADS 2008;

Pursuant to the Administrative Violations Handling Law 2002 and the Law Amending and Supplementing Certain Provisions of the Administrative Violations Handling Law 2008;

Pursuant to Decree No. 34/2010/NĐ-CP dated April 2, 2010 of the Government stipulating administrative penalties for violations in the field of road traffic and Decree No. 71/2012/NĐ-CP dated September 19, 2012 of the Government amending and supplementing certain provisions of Decree No. 34/2010/NĐ-CP;

Pursuant to the Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director General of the Administration Police Department under the Ministry of Public Security managing public order and social security;

The Minister of Public Security promulgates this Circular detailing the implementation of certain provisions of Decree No. 34/2010/NĐ-CP dated October 2, 2010 and Decree No. 71/2012/NĐ-CP dated September 19, 2012 amending and supplementing certain provisions of Decree No. 34/2010/NĐ-CP stipulating administrative penalties for violations in the field of road traffic,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details the implementation of certain provisions of Decree No. 34/2010/NĐ-CP dated April 2, 2010 and Decree No. 71/2012/NĐ-CP dated September 19, 2012 amending and supplementing certain provisions of Decree No. 34/2010/NĐ-CP stipulating administrative penalties for violations in the field of road traffic (hereinafter referred to as Decree No. 34).

Article 2. Applicability

This Circular applies to:

1. Officers, non-commissioned officers, and soldiers of the People's Public Security have the authority to impose administrative penalties in the field of road traffic.

2. Public security units and localities.

3. Organizations and individuals who commit administrative violations or are related to the imposition of administrative penalties in the field of road traffic.

Chapter II

SPECIFIC PROVISIONS

Article 3. Administrative Penalties for Road Traffic Order and Safety Violations by Minors

1. Determination of age for minors committing administrative violations in the field of road traffic must be based on one of the following documents: birth certificate, household registration book, identity card, passport, or confirmation from the People's Committee of the commune, ward, or town where they reside.

2. In cases of violations subject to simplified penalty procedures

At the time of inspection, if there is no basis under Clause 1 of this Article to determine the age, but the violation behavior is subject to simplified penalty procedures, then the authorized person still issues a penalty decision and may temporarily detain relevant documents of the driver, vehicle, or temporarily detain the vehicle according to regulations; when temporarily detaining documents, the authorized person must record on the back of the penalty decision the reason for detention, location, and deadline for resolution (not exceeding 10 days) and sign with full name.

a) Within the resolution deadline, if the violator presents one of the documents specified in Clause 1 of this Article to prove that their age does not warrant punishment, then the person who issued the penalty decision must revoke the decision, return the detained documents or vehicle; if the violator presents one of the documents specified in Clause 1 of this Article to prove their age, but other behaviors still warrant punishment according to the provisions of Decree No. 34, then the authorized person must revoke the penalty decision and issue a new penalty decision according to regulations.

b) After the resolution deadline, if the violator presents the document specified in Clause 1 of this Article to prove their age, then the violator must comply with the penalty decision.

3. In cases of violations subject to penalty procedures involving the issuance of an administrative violation report

At the time of inspection, if there is insufficient basis under Clause 1 of this Article to determine the age, but the violation behavior is subject to penalty procedures involving the issuance of an administrative violation report, then the authorized person:

a) Issues an administrative violation report;

b) Determines the age according to the provisions of Clause 1 of this Article;

c) Proceeds with administrative violation handling according to regulations.

Article 4. Punishment for the act of turning around a vehicle at a road intersection at the same level with a railway; failing to comply with regulations on stopping and parking vehicles at a road intersection at the same level with a railway; stopping or parking vehicles within the safety range of railways (Point d Clause 3 Article 8; Point h Clause 3 Article 9; Point e Clause 4 Article 10; Point b Clause 2 Article 11 Decree No. 34).

1. Turning around a vehicle at a road intersection at the same level with a railway means turning around a vehicle within the area between two traffic signs number 242a or between two traffic signs number 242b "Intersection of Railway and Road" (at locations where such signs are installed); within ten meters from the outermost rail of the railway in both directions (at locations without such signs).

2. Stopping or parking a vehicle at a road intersection at the same level with a railway means stopping or parking a vehicle within the area between two traffic signs number 242a or between two traffic signs number 242b "Intersection of Railway and Road" (at locations where such signs are installed); within ten meters from the outermost rail of the railway in both directions (at locations without such signs), except when stopping a vehicle to allow priority passage for railway vehicles or when the vehicle is damaged (the driver must comply with the provisions of Clause 2, Clause 3, Clause 4, Clause 5 Article 25 of the Road Traffic Law).

3. Stopping or parking a vehicle within the safety range of railways means stopping or parking a vehicle where the nearest part of the vehicle is less than 1.75 meters from the nearest rail edge for 1-meter gauge railways or less than 2 meters for 1.435-meter gauge railways; except when the vehicle is damaged within the safety range of railways (the driver must comply with the provisions of Clause 5 Article 25 of the Road Traffic Law).

The person driving automobiles and similar vehicles; motorcycles, motorized bicycles (including electric motorcycles), similar motorcycle vehicles, and similar motorized bicycle vehicles; tractors, specialized motor vehicles; bicycles, motorbicycles, other simple vehicles who commit the acts of turning around, stopping, or parking within the areas specified in Clauses 1, 2, and 3 of this Article shall be punished according to the violations stipulated in Point d Clause 3 Article 8; Point h Clause 3 Article 9; Point e Clause 4 Article 10; Point b Clause 2 Article 11 of Decree No. 34, depending on the type of vehicle being driven.

Article 5. Punishment for the act of controlling a vehicle that is not properly equipped with tires or has tires that do not meet the correct size or technical standards (Point d Clause 3 Article 19 Decree No. 34); arbitrarily changing the size of the cargo box (Point đ Clause 3 Article 19 Decree No. 34).

1. A vehicle not properly equipped with tires means that the actual number of tires installed is less than the number recorded in the vehicle's technical design specifications, Vehicle Registration Certificate, and Certificate of Technical Inspection and Environmental Protection for Motor Vehicles.

a) A vehicle with improperly sized tires means that one or more of its tires have sizes that do not match the tire sizes recorded in the vehicle's technical design specifications, Vehicle Registration Certificate, and Certificate of Technical Inspection and Environmental Protection for Motor Vehicles.

b) A vehicle with tires that do not meet technical standards means that one or more of its tires do not meet technical standards. Based on the National Technical Regulation on Quality, Technical Safety, and Environmental Protection for Automobiles (QCVN: 09/2011/BGTVT dated November 17, 2011 by the Ministry of Transport), the technical standards for wheels are as follows:

- All clamping and loosening parts are complete and correctly installed.

- Rims, discs, brake drums are of the correct type, not deformed, cracked, bent, or showing signs of damage. Brake drums fit tightly against the rims.

- Wheel hubs rotate smoothly, without binding or dirt along the shaft and direction of rotation.

- Tires are of the correct size and meet the technical standards for each type of vehicle, are in sufficient quantity, have adequate pressure, are not bulging, cracked, or worn down to the fabric layer.

- Tires on steering wheels do not use patched tires, have the same tread pattern, and the tread depth must be as follows:

Persons who control a vehicle that is not properly equipped with tires or has tires that do not meet the correct size or technical standards shall be punished according to the provisions of Point d Clause 3 Article 19 of Decree No. 34.

2. Changing the size of the cargo box means altering the height of the cargo box compared to the manufacturer's design dimensions, dimensions recorded in the Vehicle Registration Certificate, and Certificate of Technical Inspection and Environmental Protection for Motor Vehicles. Persons who arbitrarily change the size of the cargo box shall be punished according to the provisions of Point đ Clause 3 Article 19 of Decree No. 34.

3. In cases where the dimensions of the cargo box after modification are recorded in the Certificate of Technical Inspection and Environmental Protection for Motor Vehicles but do not match the dimensions recorded in the Vehicle Registration Certificate, the vehicle owner shall be punished for failing to update the Vehicle Registration Certificate after modification (Point đ Clause 4 Article 33 of Decree No. 34).

Article 6. Imposing administrative penalties on the act of the motorbike or motorcycle driver not carrying the Vehicle Registration Certificate, Driver's License, Safety and Environmental Protection Inspection Certificate (Point b, Point c Clause 2 Article 24 Decree No. 34); the act of the car or tractor driver not carrying the Vehicle Registration Certificate, Driver's License, Safety and Environmental Protection Inspection Certificate (Point b Clause 3 Article 24 Decree No. 34); the act of the special-purpose vehicle driver not carrying the driving license (or certificate) and traffic law knowledge training certificate (Point b Clause 1 Article 25 Decree No. 34).

At the time of inspection, if the driver cannot present the Vehicle Registration Certificate; Driver's License; driving license (or certificate) and traffic law knowledge training certificate; Safety and Environmental Protection Inspection Certificate (hereinafter referred to as documents), which he claims to have but does not carry, then an administrative violation record shall be established for the act of not having documents as prescribed; temporarily detain the vehicle according to regulations.

a) Within the agreed resolution period, if the competent authority has not yet issued an administrative penalty decision, and the violator presents the required documents as prescribed: the administrative violation handling officer must temporarily hold those documents, record on the back of the administrative violation record (retained copy) the time when the documents were presented; sign and write their full name; report to the competent authority to return the detained vehicle to the violator; issue an administrative penalty decision for the act of not carrying documents.

b) Within the agreed resolution period, if the competent authority has already issued an administrative penalty decision for the act of not having documents as prescribed, and the violator presents the required documents as prescribed, then the administrative violation handling officer must temporarily hold those documents, record on the back of the administrative violation record (retained copy) the time when the documents were presented; sign and write their full name; report to the competent authority to revoke the administrative penalty decision for the act of not having documents as prescribed, return the detained vehicle to the violator; issue an administrative penalty decision for the act of not carrying documents.

c) After the agreed resolution period, if the violator only presents the required documents, they must comply with the administrative penalty decision for the violation recorded in the administrative violation record.

Article 7. Imposing administrative penalties on the act of the car driver exceeding the permitted number of passengers (Clause 2, Clause 4 Article 26 Decree No. 34).

1. The number of passengers exceeding the permitted limit for each type of vehicle but not subject to penalty.

- Vehicles up to 9 seats: permitted to exceed by 01 passenger;

- Vehicles from 10 seats to 15 seats: permitted to exceed by 02 passengers;

- Vehicles from 16 seats to 30 seats: permitted to exceed by 03 passengers;

- Vehicles over 30 seats: permitted to exceed by 04 passengers.

2. Method of calculating the number of passengers exceeding the permitted limit for penalty (denoted as X) is as follows:

X = Total number of people on the vehicle at the time of inspection - (number of seats recorded in the Vehicle Registration Certificate + number of passengers permitted to exceed for each type of vehicle but not subject to penalty).

Example: During inspection, it was found that a passenger vehicle with 45 seats (recorded in the Vehicle Registration Certificate) actually carried 50 people. This is a vehicle over 30 seats; in this case, the method of calculating the number of passengers exceeding the permitted limit for penalty is as follows:

X = 50 people - (45 people + 04 people) = 01 person exceeding the permitted limit subject to penalty.

Article 8. Revocation of Driving License and Traffic Law Knowledge Certificate

1. When a person on duty issues an administrative violation record against a vehicle operator who commits an act of violation as prescribed in Decree No. 34, which provides for the revocation of the right to use the Driving License and Traffic Law Knowledge Certificate (hereinafter referred to as Driving License) for a definite or indefinite period, they must temporarily detain the Driving License to ensure the handling of the administrative violation.

2. The penalty decision must clearly state the duration of the revocation of the right to use the Driving License. Within three days from the date of issuance of the penalty decision, the person issuing the penalty decision must notify in writing (Form No. 07 issued together with Circular No. 66/2012/TT-BCA dated October 30, 2012 of the Ministry of Public Security on the Procedures for Patrol, Inspection, and Handling of Administrative Violations by Road Traffic Police) the agency that issued the Driving License.

3. In cases where a person committing a violation is subject to the penalty of revoking the right to use the Driving License as stipulated in Decree No. 34, and if that person holds a lower-class Driving License compared to the type of vehicle being operated, the decision to revoke the right to use the Driving License shall still be issued; at the same time, impose a penalty for the act of holding a Driving License but not suitable for the type of vehicle being operated.

4. The period of revocation of the right to use the Driving License is calculated from the time the Driving License is temporarily detained. If a person simultaneously commits multiple acts of administrative violations, all of which have provisions for revoking the right to use the Driving License, the longest period of revocation of the right to use the Driving License shall apply to the violation with the longest revocation period.

5. Upon expiration of the period of revocation of the right to use the Driving License, the authorized authority imposing the penalty shall return the Driving License to the person whose right to use it was revoked. In cases where retraining and retesting in the Road Traffic Law are required, the person whose right to use the Driving License was revoked must present the Certificate of Results of Retraining and Re-testing in the Road Traffic Law to the agency issuing the penalty decision to reclaim the Driving License.

Article 9. Penalty for Failure to Transfer Ownership of a Vehicle as Required (Point e Clause 3 and Point c Clause 6 Article 33 of Decree No. 34)

1. Vehicles currently in operation on the road shall not be stopped for inspection and handling of the act of "Failure to Transfer Ownership of a Vehicle as Required."

2. Through registration and license plate issuance work; traffic accident investigation and resolution; technical equipment; cases of vehicles being temporarily detained according to regulations and through criminal investigations, if it is discovered that the buyer or seller has not processed the transfer of ownership, relocation, or change of registration (hereinafter referred to as buying or selling a vehicle without transferring ownership) as prescribed in the Circular of the Ministry of Public Security on vehicle registration, then the violation act of "buying or selling a vehicle without transferring ownership" must be verified and determined clearly, and penalized if more than thirty days have passed since the purchase or sale documentation was prepared but the procedures for transferring ownership, relocating, or changing registration have not been completed as required.

Article 10. Imposing administrative sanctions on the act of the vehicle owner providing a vehicle to, or allowing a person who does not meet the conditions stipulated by law to operate a vehicle in traffic (Point d Clause 3 and Point e Clause 4 Article 33 Decree No. 34).

1. A person who does not meet the conditions stipulated by law to operate a vehicle in traffic means a person who does not meet the age and health requirements as prescribed in Article 60 of the Road Traffic Law, does not have a driving license or certificate for traffic law knowledge training, or qualification certificate for operating specialized motor vehicles in accordance with the type of vehicle being operated as prescribed in Article 59 and Clause 1 Article 62 of the Road Traffic Law.

2. Providing a vehicle to a person who does not meet the conditions stipulated by law to operate a vehicle in traffic refers to the act of the vehicle owner knowing clearly that the driver does not meet the conditions as prescribed in Clause 1 of this Article but still lends, rents, dispatches... such person to directly operate the vehicle in traffic.

3. Allowing a person who does not meet the conditions stipulated by law to operate a vehicle in traffic refers to the act of the vehicle owner knowing that the driver does not meet the conditions as prescribed in Clause 1 of this Article but does not prevent, allows... such person to directly operate the vehicle in traffic.

4. When there is evidence to determine that the vehicle owner provides a vehicle to, or allows a person who does not meet the conditions stipulated by law to operate a vehicle in traffic, administrative sanctions shall be imposed in accordance with Point d Clause 3 and Point e Clause 4 Article 33 of Decree No. 34.

Article 11. Regarding the obligation of the owner of road motor vehicles (vehicles used for violations) to cooperate with competent authorities to identify the person who has operated the vehicle to commit the violation (Clause 2 Article 56 Decree No. 34).

The owner of a road motor vehicle (hereinafter referred to as the vehicle owner) is an individual or organization named in the Vehicle Registration Certificate. In cases where an individual or organization named in the Vehicle Registration Certificate has conducted transactions to sell, give, or gift the vehicle or transfer inheritance rights over the vehicle to another individual or organization, the individual or organization that has purchased, received as a gift, or inherited the vehicle is referred to as the vehicle owner.

The vehicle owner or their authorized representative (if the vehicle owner is an agency or organization) upon receiving a written notice from a competent authority regarding the use of the vehicle for violations, shall have the obligation to:

1. Request the person who operated the vehicle to commit the violation to come to the authority that issued the notice for resolution. Upon arrival, they must present the notice regarding the use of the vehicle for violations and the documents as prescribed in Clause 2 Article 58 of the Road Traffic Law.

2. In cases where the person who operated the vehicle cannot be identified or if this person does not comply with the provisions of Clause 1 of this Article, they must personally come to the authority that issued the notice for resolution. Upon resolution, they must present the notice regarding the use of the vehicle for violations, the Vehicle Registration Certificate, and sign the administrative violation record as a witness and accept the decision to impose administrative sanctions on behalf of the violator.

Article 12. Temporary Detention of Documents

1. Temporary detention of documents is a guarantee measure for handling administrative violations. For each specific violation case, it shall be implemented as follows:

a) In cases where only a fine is applied, one of the following documents may be temporarily detained in the following order: Driver's License; Vehicle Registration Certificate; Safety and Environmental Technical Inspection Certificate, Valid Compulsory Traffic Liability Insurance Certificate for Motor Vehicles as prescribed by traffic laws.

b) In cases where, in addition to a fine, supplementary sanctions such as revocation of the right to use licenses or certificates for traffic law knowledge training are also applied, those documents must be temporarily detained. If such documents are not available, the violating vehicle must be temporarily detained.

2. When controlling a driver who has violated regulations, if they present the administrative violation record issued by relevant units or localities and have had their documents temporarily detained:

a) In cases where the deadline specified in the administrative violation record has passed and either one type of document or all documents have been temporarily detained: Driver's License or Vehicle Registration Certificate or Safety and Environmental Technical Inspection Certificate for Road Motor Vehicles or Valid Compulsory Traffic Liability Insurance Certificate for Motor Vehicles, and the violator has not yet come to the competent authority's office to resolve the violation issue but continues to operate the vehicle on the road, they will be penalized as if they did not have the required documents. If they commit a new violation, an administrative violation record must be established for both the lack of required documents and the new violation, and one of the remaining types of documents or the vehicle itself (if the regulation requires the temporary detention of the vehicle or there are no more types of documents left to detain) must be temporarily detained, and the violation must be handled according to the regulations.

Example: Mr. A operated a car and violated the regulation of exceeding the speed limit by 20 km/h to 35 km/h (100/70 km/h). Upon inspection, Mr. A was previously recorded and his Driver's License was temporarily detained by another locality, and this record has exceeded the deadline but Mr. A has not yet resolved it; Mr. A presented the Vehicle Registration Certificate, Safety and Environmental Technical Inspection Certificate for Road Motor Vehicles, and Valid Compulsory Traffic Liability Insurance Certificate for Motor Vehicles, then an administrative violation record must be established for two violations: "Operating a vehicle at a speed exceeding the limit by 20 km/h to 35 km/h (100/70 km/h)" and "Lack of Driver's License," and the vehicle must be temporarily detained according to the regulations.

b) In cases where the resolution period specified in the administrative violation record is still ongoing and all documents have been temporarily detained: Driver's License, Vehicle Registration Certificate, Safety and Environmental Technical Inspection Certificate for Road Motor Vehicles, and Valid Compulsory Traffic Liability Insurance Certificate for Motor Vehicles, and the vehicle operator commits a new violation, an administrative violation record must be established for the new violation, the vehicle must be temporarily detained, and the violation must be handled according to the regulations.

Article 13. Temporary Seizure of Vehicles

1. When deciding to temporarily seize a vehicle for administrative violations, it must be notified to the violator and other persons present at the scene.

2. The person issuing the decision to temporarily seize the vehicle shall be responsible for transporting the seized vehicle to the temporary storage location for safekeeping or transferring the seized vehicle according to regulations. In cases where the driver of the vehicle is not present at the violation site or intentionally avoids, obstructs, and fails to comply with the requirements of law enforcement officers regarding the transportation of evidence and vehicles to the temporary storage location, a record of the incident shall be made with the signature of witnesses (if any); technical equipment such as cameras shall be used to record images; measures such as direct control or towing shall be taken to transport the vehicle to the temporary storage location; and notice (Form No. 04 issued together with Circular No. 66/2012/TT-BCA dated October 30, 2012 of the Ministry of Public Security on Procedures for Patrol, Inspection, and Handling of Administrative Violations by Traffic Police) shall be given to require the violator to resolve the matter and bear all costs for transporting the vehicle to the temporary storage location as prescribed by law.

3. When discovering acts of violation that require the temporary seizure of vehicles for administrative violations, the following procedures shall be implemented:

a) Record the administrative violation;

b) Issue a decision to temporarily seize the vehicle or report to the competent authority to issue a decision to temporarily seize the vehicle for administrative violations as prescribed by law;

c) Record the temporary seizure of the vehicle for administrative violations.

Article 14. On the Procedure for Imposing Penalties

1. The procedure for imposing penalties for administrative violations in the field of road traffic is carried out in accordance with the Ordinance on Handling Administrative Violations 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations 2008; Decree No. 128/2008/NĐ-CP dated December 16, 2008 detailing the implementation of certain provisions of the Ordinance on Handling Administrative Violations 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations 2008; Article 53 of Decree No. 34. The forms of records and decisions for use in imposing penalties are stipulated in the Appendix attached to Decree No. 34; printing, distribution, management, and use are as follows:

a) People's Public Security forces print, distribute, use, and manage Forms 01b, 03b; Decisions 01b, 02b, 03b issued together with Decree No. 34. Public Security units and localities base their estimates of the number of printed copies on the effective date of the Law on Handling Administrative Violations and the actual situation of handling administrative violations in their units and localities.

b) Public Security units and localities are responsible for printing in accordance with the content, A4 size paper, and binding each form specified in Point a Clause 1 of this Article into volumes (except for Form 01b and Decision 01b, 02b which are bound into volumes of 100 pages each, with covers and numbered sequentially). At the same time, they are responsible for strictly managing the printing, distribution, and use in accordance with the prescribed regulations. The funds for printing forms used in imposing penalties are drawn from the budget for ensuring traffic order and safety of the unit or locality.

2. The use of forms of records and decisions in handling administrative violations is stipulated in the Appendix attached to Decree No. 34; if the penalty procedure uses a form not prescribed in Decree No. 34, then the form issued together with Circular No. 55/2011/TT-BCA-C61 dated July 29, 2011 of the Ministry of Public Security on Forms for Use When Imposing Penalties for Administrative Violations in the Field of National Security and Social Order and Safety shall be used (for example, the Decision to Revoke the Administrative Violation Handling Decision uses Form No. 05/QĐ-HQĐXLVP issued together with Circular 55/2011/TT-BCA).

3. The collection, submission, management, and use of fines are carried out in accordance with the Ordinance on Handling Administrative Violations 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations 2008; Decree No. 128/2008/NĐ-CP dated December 16, 2008 detailing the implementation of certain provisions of the Ordinance on Handling Administrative Violations 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations 2008; Article 52 of Decree No. 34 and guiding documents.

4. Transfer of Violation Case Files for Administrative Penalties

Traffic Police, Public Order Police, Mobile Police, Administrative Management Police, Rapid Response Police, and the Head of the Public Security Station have the authority to handle administrative violations in the field of road traffic. If they discover a violation with signs of criminal activity, they must immediately transfer the case file to the competent criminal investigation agency. In cases where an individual has been indicted, prosecuted, or has had a decision to bring them to trial under criminal proceedings, but later there is a decision to terminate the investigation or close the case, within three days from the date of the decision to terminate the investigation or close the case, the criminal investigation agency must transfer the decision to terminate the investigation or close the case along with the violation case file and request administrative penalties to the competent authority for imposing administrative penalties that transferred the administrative violation case file.

Article 15. On Delegation to Handle Administrative Violations

The delegation to handle administrative violations in the field of road traffic by persons with official positions as stipulated in Articles 41 and 45 of the Administrative Violation Handling Ordinance 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance 2008; Articles 47 and 49 of Decree No. 34 shall be implemented according to the provisions of Article 16 of Decree No. 128/2008/NĐ-CP dated December 16, 2008 detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance 2008, and must be carried out in writing. The decision on delegating the handling of administrative violations in the field of road traffic must clearly state the scope, content, and duration of the delegation.

Chapter III

IMPLEMENTING PROVISIONS

Article 16. Effective Date

This Circular takes effect from April 15, 2013; previous regulations of the Ministry of Public Security regarding the imposition of administrative penalties in the field of road traffic that conflict with this Circular are hereby abolished.

Article 17. Implementation Organization

1. The Director of the General Administration of Police for Administrative Management of Social Order and Safety is responsible for directing, inspecting, and guiding the implementation of this Circular.

2. The Directors of Provincial Police Departments under the direct control of the Central Government have the responsibility to direct subordinate units and localities to strictly implement this Circular; they must periodically conduct inspections every six months, annually, or at any time on the work of handling administrative violations in the field of road traffic and report the results to the Ministry (through the General Administration of Police for Administrative Management of Social Order and Safety).

3. The Directors of the General Administrations, Heads of units directly under the Ministry, Directors of Provincial Police Departments under the direct control of the Central Government, and Directors of Fire Prevention and Control Departments are responsible for implementing this Circular.

During the implementation of this Circular, if there are difficulties or obstacles, the police units and localities should report to the Ministry (through the General Administration of Police for Administrative Management of Social Order and Safety) for timely guidance./.