Decree No. 135/2021/NĐ-CP stipulates the list, management, and use of technical equipment for business operations and procedures for collecting and using data obtained from such equipment provided by individuals or organizations to detect administrative violations.

DECREE

Regulations on the list, management, use of technical equipment and procedures for collecting, using data from technical equipment provided by individuals and organizations to detect administrative violations.

technical expertise and procedures for collecting and using data Do đó, để thực hiện nhiệm vụ bán đấu giá đối với các loại tài sản nhà nước trên đây, cơ quan tài chính có thể thành lập Hội đồng bán đấu giá tài sản hoặc thành lập đơn vị sự nghiệp để tổ chức bán đấu giá các loại tài sản nhà nước. Vì thế, việc thành lập đơn vị sự nghiệp thuộc Sở Tài chính để thực hiện các nhiệm vụ có tính chất dịch vụ về quản lý tài sản nhà nước, bao gồm cả việc bán đấu giá tài sản nhà nước là phù hợp với các quy định hiện hành của pháp luật và thuộc thẩm quyền quyết định của Chủ tịch UBND cấp tỉnh. Tuy nhiên, để đảm bảo phù hợp với quy định tại Điều 36 Nghị định số 05/2005/NĐ-CP của Chính phủ, khi lập Đề án thành lập đơn vị sự nghiệp, thì tên gọi của đơn vị sự nghiệp đề nghị không sử dụng cụm từ "dịch vụ bán đấu giá tài sản" hoặc "bán đấu giá tài sản". Đối với các địa phương đã thành lập Trung tâm mà trong tên gọi của Trung tâm có sử dụng những cụm từ "dịch vụ bán đấu giá tài sản" hoặc "bán đấu giá tài sản", đề nghị Sở Tài chính phối hợp với Sở Nội vụ báo cáo UBND tỉnh, thành phố quyết định thay đổi tên gọi cho phù hợp.

amended and supplemented by Law No. 87/2025/QH15; from devices and equipment provided by individuals,

organizations to detect administrative violations

                                                                                                                                                                

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;

Pursuant to the Law on Management and Use of State Assets dated June 21, 2017;

Pursuant to the Law on Measurement dated November 11, 2011;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government issues this Decree regulating the list, management, use of technical equipment and procedures for collecting, using data obtained from technical equipment provided by individuals and organizations to detect administrative violations.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides for:

2. Procedures for collecting, using data obtained from technical equipment provided by individuals and organizations to detect administrative violations.

Article 2. Applicability

2. Agencies, units, organizations, individuals involved in providing, receiving, collecting, using data, results obtained from technical equipment.

3. Organizations, individuals committing administrative violations detected through technical equipment or data, results obtained from technical equipment provided by individuals and organizations.

Article 3. Explanation of Terms

In this Decree, the following terms shall be understood as follows:

1. Technical equipment is machinery and devices with functions of recording sound, video, measuring, analyzing, testing, storing, extracting information and data, invested, purchased, leased, equipped from state budget and other lawful sources, used to detect administrative violations.

2. Technical equipment is machinery and devices with functions of recording sound, video, measuring, analyzing, testing, storing, extracting information and data, self-invested, purchased, equipped by individuals and organizations.

3. Data, results obtained from technical equipment (hereinafter referred to collectively as data) are images, printed sheets, measurement indices, information stored in the memory of technical equipment.

Article 8. Prohibited acts

1. Misusing technical equipment, technical equipment, results obtained through technical equipment, technical equipment to infringe upon personal freedom, honor, dignity, private life, personal secrets, other legitimate rights and interests of individuals and organizations.

2. Not complying with the correct procedures, rules in using technical equipment.

3. Intentionally destroying, damaging technical equipment.

4. Obstructing, limiting or rendering ineffective the technical features of technical equipment.

5. Transferring technical equipment to agencies, units, organizations, individuals without authority to manage and use.

6. Using technical equipment not meeting technical standards, specifications as prescribed or未完成的部分应保持原文格式不变，直接输出：

7. Appropriating, holding, using technical equipment illegally.

8. Falsifying, distorting results, data obtained through technical equipment, technical equipment.

9. Misusing the reception, collection of data to hold, use technical equipment of individuals and organizations illegally.

Article 5. Investment funds, procurement, leasing, maintenance, repair, inspection, calibration, testing of technical equipment; procurement of consumable materials to serve the operation of technical equipment.

Clause 1. Investment funds for procurement, leasing, maintenance, repair, inspection, calibration, testing of technical equipment and procurement of consumable materials to serve the operation of such equipment shall be guaranteed from the state budget according to the current laws on budget decentralization and other lawful financial sources as prescribed by relevant laws.

Clause 2. The preparation, implementation, and settlement of the budget for these expenses shall be carried out in accordance with the laws on the state budget.

Chapter II

LIST AND MANAGEMENT, USE OF TECHNICAL EQUIPMENT

Article 6. List and standards, quotas for the use of technical equipment

Clause 1. The list of technical equipment accompanying this Decree includes:

Point a) List I: Technical equipment used to detect administrative violations concerning traffic order and safety on roads;

Point b) List II: Technical equipment used to detect administrative violations concerning traffic order and safety on railways;

Point c) List III: Technical equipment used to detect administrative violations concerning traffic order and safety on inland waterways;

Point d) List IV: Technical equipment used to detect administrative violations concerning maritime traffic order and safety;

Point đ) List V: Technical equipment used to detect administrative violations concerning civil aviation traffic order and safety;

Point e) List VI: Technical equipment used to detect administrative violations concerning environmental protection;

Point g) List VII: Technical equipment used to detect administrative violations concerning fire prevention, firefighting, rescue, and emergency response;

Point h) List VIII: Technical equipment used to detect administrative violations concerning drug prevention and control;

Clause 2. Standards and quotas for the use of technical equipment at agencies and units shall be implemented in accordance with the laws on the management and use of specialized public assets and shall ensure the following principles:

Point a) Correct target, correct purpose, appropriate to functions, tasks, and administrative penalty authority assigned;

Point b) Economical, effective, and commensurate with the state budget capacity.

Clause 3. The Ministers of the Ministries of Public Security, Transport, Defense, Natural Resources and Environment, Health, Finance, Industry and Trade, Agriculture and Rural Development, Labor, Invalids and Social Affairs, Education and Training, Science and Technology shall issue detailed regulations on standards and quotas for the use of technical equipment for agencies and units under the management of their respective ministries as stipulated in Clause 2, Article 9 of this Decree.

Article 7. Sources for forming technical equipment and devices

1. The sources for forming technical equipment and devices at agencies and units shall be implemented in accordance with the provisions of laws on the management and use of state assets and the state budget.

2. Annually, based on the list, standards, and usage quotas for technical equipment and devices and the requirements for combating administrative violations of the sector and locality, the Ministries shall specify in Clause 3, Article 6 of this Decree, the People's Committees of provinces and centrally governed cities (hereinafter referred to collectively as provincial-level People's Committees) shall develop plans, prepare budgets for investment, procurement, equipping, maintenance, repair, inspection, calibration, testing of technical equipment and devices, and procurement of consumable materials serving the operation of technical equipment and devices, and submit them to competent authorities for approval in accordance with the State budget law.

Article 8. Leasing technical equipment and devices

1. The leasing, management, and use of technical equipment and devices used for detecting administrative violations shall be carried out in accordance with the provisions of laws on the management and use of state assets, bidding, and related laws.

2. Conditions for leasing technical equipment and devices:

a) Technical equipment and devices listed in Clause 1, Article 6 of this Decree and ensuring compliance with usage standards and quotas as prescribed;

b) New technical equipment and devices with similar functions to those listed in Clause 1, Article 6 of this Decree but more modern, with higher detection efficiency and accuracy;

c) Ensuring regulations on inspection, calibration, testing, technical standards, and product quality as prescribed by law.

3. The management and use of leased technical equipment and devices must comply with the management and usage regulations stipulated in this Decree.

Article 9. Equipping technical equipment and devices

1. Principles for equipping technical equipment and devices:

a) In line with the standards and usage quotas for technical equipment and devices at agencies and units;

b) In line with the functions, tasks, powers, and administrative penalty authority of the forces specified in Clause 2 of this Article and the requirements for combating administrative violations;

c) Adhering to the procedures and formalities prescribed by laws on the management and use of state assets.

2. Forces equipped with technical equipment and devices include:

a) Traffic police, Mobile Police, Public Order Police, Rapid Response Police, Administrative Management Police, Environmental Crime Prevention Police, Firefighting and Rescue Police, Exit and Entry Management, Social Order Investigation Police, Drug Investigation Police, Corruption, Economic Crime, Smuggling Investigation Police, Specialized Inspection Agencies, and agencies assigned to perform specialized inspection functions for firefighting and rescue operations, Village, Town, and Ward Police (collectively referred to as Village-level Police);

d) Border Guard, Coast Guard;

e) Customs;

g) Market Management;

3. The forces specified in Clause 2 of this Article, when participating in coordination with other forces, may use technical equipment and devices equipped for their own forces to detect administrative violations and impose administrative penalties in accordance with the law.

4. Authority to decide on equipping technical equipment and devices: Ministers of the Ministries specified in Clause 3, Article 6 of this Decree, and People's Committees at all levels shall decide on equipping technical equipment and devices funded, procured, or managed by their level for the forces under their management as specified in Clause 2 of this Article.

Article 10. Establishment, management of files and reporting on the management and use of technical equipment

1. Agencies and units entrusted with the management and use of technical equipment shall be responsible for establishing and managing files related to the technical equipment under their management and use.

2. The management file of technical equipment includes:

a) Files and records related to the formation, changes, leasing of technical equipment;

b) Training files on procedures and operations for using and maintaining technical equipment;

c) User manuals provided by manufacturers;

d) Logs tracking the technical condition and operating time of technical equipment;

đ) Certificates of inspection, calibration, and testing (if applicable);

e) Receipt and delivery logs for technical equipment;

g) Reports on the management and use of technical equipment;

h) Data on technical equipment in the national database of state assets;

i) Other relevant documents (if applicable).

3. It is encouraged that agencies and units apply information technology in the establishment and management of files for technical equipment.

4. Ministries shall specify at Clause 3, Article 6 of this Decree, provincial People's Committees shall inventory and report the quantity, value, and management and use situation of technical equipment within their jurisdiction in accordance with laws on the management and use of state assets.

Article 11. Maintenance, repair, inspection, calibration, testing, and disposal of technical equipment at agencies and units

1. Agencies and units entrusted with the management, use, and operation of technical equipment shall be responsible for performing maintenance, repairs, inspections, calibrations, and tests in accordance with prescribed regimes, standards, measurements, and economic-technical norms as stipulated by law.

2. The recovery, transfer, sale, liquidation, destruction of technical equipment, and handling of technical equipment in cases of loss or damage shall be carried out in accordance with laws on the management and use of state assets.

Article 12. Use of technical equipment

1. The use of technical equipment shall comply with the provisions of Article 64 of the Law on Handling Administrative Violations, laws on the management and use of state assets, and the following requirements:

a) For technical equipment that must be inspected, calibrated, tested, and compared according to the law before being put into use, such actions must be conducted as required. The Minister or Head of a ministry-level agency shall issue a list of technical equipment that must be inspected, calibrated, tested, and compared before being put into use;

b) Technical equipment may be fixed or mobile along routes or areas for detecting administrative violations.

a) The person authorized to decide on the provision of technical equipment for professional purposes;

b) Heads of Public Security Departments at district, city, and provincial levels (hereinafter referred to collectively as Heads of Public Security Departments at district level); Heads of functional departments or equivalent positions under Traffic Police Corps, Administration Police Corps, Fire Prevention and Control Corps; Heads of functional departments under Provincial Public Security Departments (hereinafter referred to collectively as Provincial Public Security Departments) including: Highway and Railway Traffic Police, Traffic Police, Highway Traffic Police, Waterway Traffic Police (hereinafter referred to collectively as Traffic Police), Drug Crime Investigation Police, Social Order Crime Investigation Police, Economic Crime Investigation Police, Administration Police, Environmental Crime Prevention Police, Fire Prevention and Control Police, Exit and Entry Management Police, Mobile Police; Inspectors General of Provincial Public Security Departments; Commanders of Mobile Police Battalions; Directors of Provincial Public Security Departments; Chiefs of Bureaus: Traffic Police, Environmental Crime Prevention Police, Fire Prevention and Control Police, Drug Crime Investigation Police, Social Order Crime Investigation Police, Economic Crime Investigation Police, Administration Police, Exit and Entry Management; Commanders of Mobile Police Forces; Inspectors General of the Ministry of Public Security;

c) Inspectors General of Transport Departments, Directors of Inland Waterways, Maritime, and Civil Aviation Port Authorities; Directors of Transport Departments; Inspectors General of the Ministry of Transport; Chiefs of Bureaus: Vietnam Railways Corporation, Vietnam Inland Waterways Corporation, Vietnam Maritime Corporation, Vietnam Civil Aviation Corporation; Chiefs of the Bureau of Road Management under the Vietnam Highway Administration; Chief of the Vietnam Highway Administration;

d) Inspectors General of Natural Resources and Environment Departments; Directors of Natural Resources and Environment Departments; Inspectors General of the Ministry of Natural Resources and Environment; Chiefs of the Environmental Protection Administration;

đ) Commanders of Special Task Forces against Drugs and Crimes under the Anti-Drug and Crime Bureau under the Border Guard Command; Commanders of Border Guard Units at provincial level; Commanders of Border Guard Flotillas; Chiefs of the Anti-Drug and Crime Bureau under the Border Guard Command; Commanders of Border Guard Forces; Commanders of Coast Guard Flotillas, Commanders of Reconnaissance Teams, Commanders of Special Task Forces against Drug Crimes under the Coast Guard Command; Commanders of Coast Guard Zones; Chiefs of the Bureau of Operations and Law under the Coast Guard Command; Commanders of the Coast Guard Force;

e) Inspectors General of Health Departments; Directors of Health Departments; Inspectors General of the Ministry of Health; Chiefs of the Preventive Medicine Bureau; Chiefs of the Environmental Health Management Bureau;

g) Heads of Customs Sub-departments: Customs, Post-Customs Inspection; Directors of Departments: Anti-Smuggling Investigation, Post-Customs Inspection, Provincial Customs, Interprovincial Customs, Municipal Customs under the Central Government; Director-General of the General Department of Customs;

h) Heads of Market Management Teams; Directors of Departments: Market Management Operations, Industrial Safety and Environment, Provincial Market Management, Interprovincial Market Management, Municipal Market Management under the Central Government; Director-General of the General Department of Market Management;

k) Heads of Labor Inspection of the Department of Labor, Invalids and Social Affairs; Directors of the Department of Labor, Invalids and Social Affairs; Heads of Labor Inspection of the Ministry of Labor, Invalids and Social Affairs;

l) Heads of Education and Training Inspection of the Department of Education and Training; Directors of the Department of Education and Training; Heads of Education and Training Inspection of the Ministry of Education and Training;

m) Heads of Science and Technology Inspection of the Department of Science and Technology; Directors of the Department of Science and Technology; Heads of Science and Technology Inspection of the Ministry of Science and Technology; Director-General of the General Bureau of Standards, Metrology and Quality;

3. Changing the name, tasks, and powers of the position authorized to decide on the installation and use of technical equipment

a) In cases where the positions specified in Clause 2 of this Article change their names but not their tasks and powers, the authority to decide on the installation and use of technical equipment of these positions shall remain unchanged;

b) In cases where the positions specified in Clause 2 of this Article do not change their names but have changes in their tasks and powers related to the authority to decide on the installation and use of technical equipment, they will no longer have such authority.

Article 13. Requirements and responsibilities of users of technical equipment

1. When using technical equipment, officers, soldiers of the People's Public Security, People's Army, specialized inspectors, civil servants, and officials belonging to the forces specified in Clause 2 of Article 9 of this Decree must ensure the following requirements:

a) Mastering the management and usage regulations for technical equipment;

b) Receiving training on procedures, operations, and maintenance of technical equipment.

2. Responsibilities of users of technical equipment:

a) Implementing procedures and regulations, ensuring safety, maintaining, and preserving technical equipment;

b) Being responsible under the law for the use of technical equipment and the results obtained through such equipment.

Article 14. Using and preserving results collected by technical equipment

1. The use and preservation of results collected by technical equipment shall comply with the provisions of Article 64 of the Law on Handling Administrative Violations and the following provisions:

a) Agencies and units using results collected by technical equipment to detect administrative violations shall be responsible for arranging storage facilities, necessary equipment, and implementing technical measures to protect and safely preserve documents according to the laws on archives and relevant laws;

b) Results collected by technical equipment must be recorded in the case file of administrative violation.

2. Results collected by technical equipment must be documented in writing, including the following basic information:

a) Name of agency, unit, and signature, full name of the person using technical equipment;

b) Name and address of the organization or individual committing the violation (if identified);

c) Photographs, images (for recording devices, traffic speed measurement devices with image recording); audio (for audio recording devices);

d) Measurement indices, analysis (for measuring, analyzing, testing equipment);

đ) Time and location of the violation;

e) Violation behavior or conclusion on measurement results, analysis, testing;

g) Other related information about the violation (if any).

3. The period for using results collected by technical equipment to identify organizations or individuals who violate is calculated from the time when the technical equipment records the results until the end of the statute of limitations for imposing administrative penalties for the violation as stipulated in Clause 1 of Article 6 of the Law on Handling Administrative Violations. If the authorized administrative penalty decision-maker does not issue a penalty decision within the above period, the results collected by technical equipment will lose their validity.

Article 15. Handling results obtained through technical equipment

1. When there are results obtained through technical equipment, the authorized person handling administrative violation cases shall proceed according to the following steps as prescribed by laws on administrative violation handling:

a) Identify information about the organization or individual committing the administrative violation;

b) Send a written notice requesting the organization or individual committing the violation to come to the office of the authorized person for resolution of the case, except when the authorized person has identified the organization or individual committing the violation at the location where the violation occurred and has established an administrative violation record;

c) Establish an administrative violation record within three working days from the date of identifying the organization or individual committing the violation;

d) Issue an administrative violation penalty decision and organize the enforcement of the penalty decision in accordance with the law.

3. The notification document prescribed in point b of Clause 1 of this Article may be sent electronically to the organization or individual violating if the authority imposing penalties, individuals, or organizations providing the data meet the infrastructure, technical, information, and electronic transaction requirements in the field of state management.

Chapter III

 PROCEDURE FOR COLLECTING AND USING DATA OBTAINED FROM TECHNICAL EQUIPMENT PROVIDED BY INDIVIDUALS OR ORGANIZATIONS

Article 16. Providing data obtained from technical equipment

1. Data obtained from technical equipment provided by individuals or organizations to agencies, units, or authorized persons imposing penalties can be provided in one of the following forms:

a) Directly coming to the office of the authorized person or the scene of the incident to provide;

b) Email, online portal, or website, hotlines;

c) Postal service;

d) Data connection and sharing.

2. Rights of individuals or organizations providing data:

a) Provide data obtained from technical equipment to agencies or units of authorized persons belonging to the forces specified in Article 18 of this Decree;

b) Ensure the confidentiality of names, addresses, signatures, and other personal information;

c) Request agencies, units, or authorized persons to notify the results of verification and handling of the provided data.

3. Responsibilities of individuals or organizations providing data:

a) Provide information about names, addresses, and contact methods when the agency or unit of the authorized person belonging to the forces specified in Article 18 of this Decree needs to contact;

b) Bear legal responsibility for the authenticity and integrity of the provided data;

c) Cooperate with the authorized person in resolving the matter when requested.

Article 17. Requirements and value of data obtained from technical means and equipment

1. Requirements for data obtained from technical means and equipment:

a) Within the scope of state management as prescribed in Clause 1, Article 64 of the Law on Handling Administrative Violations;

b) Not infringing upon the freedom, honor, dignity, private life, personal secrets, and other legitimate rights and interests of individuals and organizations as provided by law;

c) Objectively, accurately, and truthfully reflecting the violation behavior, time, and location where the violation occurred;

d) Meeting the requirements for the period of use as prescribed in Clause 3, Article 14 of this Decree.

2. Data obtained from technical means and equipment provided by individuals and organizations, if meeting the requirements stipulated in Clause 1 of this Article, shall be used as a basis for verifying and detecting violations and imposing administrative penalties in accordance with the provisions of the law.

Article 18. Agencies and units receiving and collecting data

1. Agencies and units receiving and collecting data reflecting administrative violations related to traffic order and safety on roads and railways:

a) Traffic police, Mobile police, Public order police, Rapid response police, Police managing administrative order in society, Police at commune level;

2. Agencies and units receiving and collecting data reflecting administrative violations related to traffic order and safety on inland waterways:

a) Traffic police, Police managing administrative order in society, Police at commune level;

c) Border Guard Force, Coast Guard.

3. Agencies and units receiving and collecting data reflecting administrative violations related to maritime traffic order and safety:

b) Border Guard Force, Coast Guard;

c) Fisheries Inspectorate;

d) Traffic police.

4. Agencies and units performing the reception and collection of data reflecting administrative violations related to civil aviation traffic order and safety:

b) Civil Aviation Port Management Agency;

c) Immigration Management; Police at commune level; Police Station.

5. Agencies and units performing the reception and collection of data reflecting administrative violations related to environmental protection:

a) Environmental crime investigation police, Traffic police, Immigration Management, Police at commune level;

d) Border Guard, Coast Guard;

đ) Customs;

e) Market Management;

6. Agencies and units performing the reception and collection of data reflecting administrative violations related to fire prevention, firefighting, and rescue operations:

a) Fire prevention, firefighting, and rescue police, Traffic police, Police managing administrative order in society, Public order police, Mobile police, Rapid response police, Social order crime investigation police, Environmental crime investigation police, Police at commune level;

d) Border Guard, Coast Guard;

đ) Customs;

e) Forest Rangers.

7. Agencies and units performing the reception and collection of data reflecting administrative violations related to drug prevention and control:

a) Drug crime investigation police, Traffic police, Social order crime investigation police, Mobile police, Public order police, Rapid response police, Police managing administrative order in society, Police at commune level;

b) Border Guard Force, Coast Guard;

c) Customs;

a) Traffic police, Police managing administrative order in society, Public order police, Mobile police, Rapid response police, Social order crime investigation police, Corruption, economic, smuggling crime investigation police, Police at commune level;

c) Border Guard Force, Coast Guard;

đ) Market Management;

e) Customs;

Article 19. Responsibilities of agencies and units receiving and collecting data

1. Publicize the address of the agency's or unit's headquarters, postal address, email, electronic information communication or website, and hotlines for individuals and organizations to provide information and data.

2. Assign personnel to handle the reception and collection of data.

3. Ensure the confidentiality of information provided by individuals and organizations as stipulated in Point b Clause 2 Article 16 of this Decree and other individuals and organizations related to the data obtained from technical means and equipment.

4. Send notification letters regarding the verification and handling results of the data to individuals and organizations that have provided the data if they request such notifications.

Article 20. Reception, Collection, and Processing of Data

1. Data shall be received and collected from the following sources:

a) Data transferred by competent state agencies for inspection and verification;

b) Data published on mass media;

c) Data provided by individuals and organizations as stipulated in Clause 1 Article 16.

2. Procedure for receiving and collecting data:

a) Guide individuals and organizations to provide data in accordance with this Decree;

b) Receive and collect data from the sources specified in Clause 1 of this Article. In cases where data obtained from technical means and equipment provided does not clearly and specifically identify the name and address of the data provider but there are specific documents and evidence of violations and grounds for inspection and verification, the agency, unit, or authorized person shall conduct inspections, verifications, and processing in accordance with regulations;

c) Record in the logbook and report on the work of receiving and collecting data. Received and collected data must be recorded in the logbook or tracking software and reported immediately to the authorized person for resolution and processing in accordance with regulations.

3. Processing of received and collected data: The agency or unit authorized to impose administrative penalties shall process received and collected data as follows:

a) If the data falls within the authority's jurisdiction, proceed with verification procedures as stipulated in Article 21 of this Decree;

b) If the data does not fall within the authority's jurisdiction, transfer it to the competent agency or unit to carry out verification;

c) Results obtained from technical means and equipment as stipulated in Article 22 of this Decree do not require verification; processing shall be carried out in accordance with Article 15 of this Decree.

Article 21. Verification of Data and Conclusion of Cases

1. Time limit for verification and using data for verification:

a) The verification period shall not exceed one month from the date of accepting the verification. For complex cases, the verification period is two months from the date of accepting the verification;

b) The time limit for using data for verification shall be applied in accordance with Clause 3 Article 14 of this Decree.

2. Content of verification:

a) Whether there is an act of administrative violation; the time and place of the administrative violation;

b) Organizations and individuals committing the administrative violation; the fault and personal circumstances of the violator;

c) Aggravating or mitigating circumstances;

d) Nature and extent of damage caused by the administrative violation;

đ) Documents, objects, and means of administrative violation;

e) Other relevant circumstances (if any).

3. Verification measures: The authorized person may implement one or more of the following professional measures to verify and gather information and documents to clarify the case:

a) Use technical equipment provided to detect and determine acts of administrative violation;

b) Conduct direct interviews with individuals and organizations providing data; individuals and organizations alleged to have committed administrative violations; individuals and organizations related, witnesses, and those who know about the incident to gather relevant information and documents;

c) Verify at necessary locations to collect, check, and determine the accuracy and legality of relevant information, documents, and evidence related to the case content;

d) Request forensic examination of data, samples of objects, means of administrative violation, and related documents in accordance with the law on forensic examination;

đ) Other professional measures as prescribed by law.

4. Verification procedure:

a) The authorized person conducts verification independently or establishes a verification team. When establishing a verification team, there must be at least two people. During actual verification and meetings with individuals and organizations providing data, individuals and organizations alleged to have committed administrative violations, and related individuals and organizations, a record must be made, signed by the verifier and those present during the meeting. If individuals or organizations refuse to sign the record, this refusal must be noted in the record;

b) Upon completion of verification, the person assigned to verify must submit a report to the authorized person on the verification results;

c) All received and collected materials and circumstances must be documented in writing and stored in the case file in accordance with the law.

5. Conclusion of the case: Based on received and collected data, verification results, the authorized person must conclude the case content and proceed as follows:

a) If an administrative violation is discovered, the authorized person shall issue an administrative violation record and impose a penalty decision on the administrative violation within their jurisdiction or transfer the case file to the authorized person to impose penalties according to the law;

b) If no administrative violation is determined or there is insufficient evidence to prove an administrative violation or the administrative violation falls under the provisions of Article 65 of the Law on Handling Administrative Violations, then no administrative penalty shall be imposed;

c) If during and after the verification process, it is found that the violation has criminal indications or the data provided by individuals and organizations appears to be fabricated or distorted, the authorized person must transfer the case file to the competent criminal prosecution agency for handling in accordance with the law.

Article 22. The results obtained from technical means and equipment managed, operated, and maintained by organizations responsible for traffic infrastructure, airports, airfields, air traffic control, and transportation business shall be used as a basis to determine administrative violations and impose administrative penalties in the field of traffic order and safety.

1. The authorized person to impose penalties may use the results collected from vehicle weight checking devices, axle load measuring devices, audio and video recording devices, security surveillance cameras, traffic management systems, cameras installed on transportation business vehicles, flight parameter recording devices, aircraft data recording systems, and air traffic control monitoring systems provided by organizations responsible for managing, operating, and maintaining traffic infrastructure, airports, airfields, air traffic control, and transportation business as a basis to determine administrative violations and impose administrative penalties in the field of traffic order and safety.

2. The use of technical means and equipment as prescribed in Clause 1 of this Article must meet the following requirements:

a) Comply with the provisions of Article 64 of the Law on Handling Administrative Violations and related provisions in this Decree;

b) The user of technical means and equipment must be an employee of the organization owning such technical means and equipment and must meet the requirements and responsibilities stipulated in Article 13 of this Decree;

c) The handling of results obtained from technical means and equipment shall be carried out in accordance with the provisions of Article 15 of this Decree.

Chapter IV

IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

1. This Decree takes effect from January 1, 2022.

2. The Decree No. 165/2013/NĐ-CP dated November 12, 2013 of the Government on the management, use, and list of technical means and equipment used to detect administrative violations concerning traffic order and safety and environmental protection is hereby repealed.

Article 24. Transitional Provisions

Technical means and equipment already equipped and used before the effective date of this Decree if they still meet the requirements stipulated in this Decree shall continue to be used to detect and handle administrative violations.

Article 25. Responsibilities for guidance and enforcement

1. The Minister of Public Security is responsible for guiding the implementation of this Decree.

2. The Ministers of the Ministries of Public Security, Transport, Defense, Natural Resources and Environment, Health, Finance, Industry and Trade, Agriculture and Rural Development, Labor, Invalids and Social Affairs, Education and Training, Science and Technology shall guide the procedures for using technical means and equipment and the collection and use of data obtained from technical means and equipment provided by individuals and organizations under their respective ministries' jurisdiction; promote and disseminate laws; organize training and guidance on professional matters; inspect, audit, and handle violations related to the management and use of technical means and equipment.

3. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decree./.