Circular No. 28/2024/TT-BCA amending and supplementing certain Articles of Circular No. 32/2023/TT-BCA dated August 1, 2023, issued by the Minister of Public Security on the tasks, powers, forms, contents, and procedures for traffic police patrols, inspections, and administrative violations related to road traffic control; Circular No. 24/2023/TT-BCA dated July 1, 2023, issued by the Minister of Public Security on the issuance and revocation of vehicle registration certificates and license plates for motor vehicles.

CIRCULAR

Amending and supplementing certain articles of Circular No. 32/2023/TT-BCA dated August 1, 2023, issued by the Minister of Public Security, stipulating the tasks, powers, forms, contents, and procedures for traffic patrol, control, and administrative violation handling on road traffic by Traffic Police; Circular No. 24/2023/TT-BCA dated July 1, 2023, issued by the Minister of Public Security, stipulating the issuance and revocation of vehicle registration certificates and license plates for motor vehicles.

On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

BASED ON THE LAW AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF 37 LAWS RELATED TO PLANNING dated November 20, 2018;

Pursuant to the Law on People's Police dated November 20, 2018;

BASED ON THE LAW AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE POPULAR SECURITY ORGANIZATION LAW dated June 22, 2023;

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

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

Pursuant to the Civil Code on November 24, 2015;

Pursuant to the Law on Identity Cards dated November 27, 2023;

Pursuant to the Law on Electronic Transactions dated June 22, 2023;

Pursuant to Decree No. 100/2019/NĐ-CP dated December 30, 2019, promulgated by the Government, stipulating administrative penalties for violations in the field of road traffic and railway traffic;

Pursuant to Decree No. 123/2021/NĐ-CP dated December 28, 2021, promulgated by the Government, amending and supplementing certain articles of decrees stipulating administrative penalties for violations in the fields of maritime transport; road traffic and railway traffic; civil aviation;

Pursuant to Decree No. 118/2021/NĐ-CP dated December 23, 2021, issued by the Government, detailing certain provisions and measures to implement the Law on Handling Administrative Violations;

Pursuant to Decree No. 69/2024/ND-CP dated June 25, 2024 of the Government on electronic identification and authentication;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018, promulgated by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Traffic Police Corps;

The Minister of Public Security hereby issues this Circular amending and supplementing certain articles of Circular No. 32/2023/TT-BCA dated August 1, 2023, issued by the Minister of Public Security, stipulating the tasks, powers, forms, contents, and procedures for traffic patrol, control, and administrative violation handling on road traffic by Traffic Police; Circular No. 24/2023/TT-BCA dated July 1, 2023, issued by the Minister of Public Security, stipulating the issuance and revocation of vehicle registration certificates and license plates for motor vehicles.

"a) In the case of individuals who are Vietnamese citizens: Citizen identification card, citizen card, or electronic citizen card, or birth certificate for persons under 14 years old who have not yet obtained a citizen identification card;"

"a) Checking relevant documents related to persons and means of transportation, including:

Driver's license; certificate of legal knowledge training on road traffic, driving license, certificate of operating specialized motorcycles; vehicle registration certificate or certified copy of the vehicle registration certificate accompanied by the original receipt from financial institutions still valid (during the period when financial institutions hold the original vehicle registration certificate); certificate of technical inspection, safety and environmental protection label, confirmation of the validity period of the technical inspection certificate and label (for types of transportation means that must undergo inspection); compulsory civil liability insurance certificate for motor vehicle owners and other necessary documents related to the regulations (hereinafter referred to collectively as documents);

When information from these documents has been integrated and updated in the electronic ID card, electronic identity account on the National Identity Application, in the database managed by the Ministry of Public Security, then the check and control shall be carried out through the information in the electronic ID card, electronic identity account on the National Identity Application, database; checking the information of documents in the electronic ID card, electronic identity account on the National Identity Application, database is equivalent to directly checking the documents;"

2. Amending and supplementing Clause 3 of Article 18 as follows:

"3. Informing the driver of the means of transportation, passengers on the means of transportation about the reasons for the control; requesting the driver of the means of transportation to present the relevant documents according to Point a, Clause 2 of Article 12 of this Circular for control as follows:

a) In case the driver of the means of transportation, owner of the means of transportation presents the information of the documents that have been integrated and updated in the electronic ID card, electronic identity account on the National Identity Application, in the database managed by the Ministry of Public Security, then the check and control shall be carried out through the information in the electronic ID card, electronic identity account on the National Identity Application, database;

b) In case the driver of the means of transportation, owner of the means of transportation presents paper copies of the documents, then direct verification and comparison of the documents shall be conducted and related information about the documents shall be searched in the administrative violation processing database, other databases;

c) Conducting control according to the provisions of Clause 2 of Article 12 of this Circular; for means of transportation carrying people from 10 seats and above, means of transportation carrying people with dimensions equivalent to means of transportation carrying people from 10 seats and above, it is necessary to directly enter the passenger compartment to conduct control and report the results of the control."

3. Amending and supplementing Clause 1 of Article 20 as follows:

"1. Administrative penalty without making a record

When discovering administrative violations subject to administrative penalty without making a record, traffic police officers shall issue an on-the-spot administrative penalty decision according to the regulations. If the violator (individuals or organizations collectively referred to as violators) does not immediately execute the administrative penalty decision, the relevant documents according to Point d, Point g, Clause 2 of Article 21 of this Circular and other relevant laws on administrative violation handling shall be temporarily seized to ensure the execution of the administrative penalty decision."

4. Amending and supplementing Point b, Clause 2 of Article 21 as follows:

"b) Within 24 hours from the time of making the record, the traffic police officer who made the record must report to the authorized person for temporary detention regarding the items, means of transportation, licenses, and certificates of practice that have been temporarily detained to consider issuing a decision on temporary detention. For items that are easily perishable, the traffic police officer must immediately report to the immediate superior leader for handling; if they are damaged or lost, compensation must be provided according to the law;

In cases where there is no decision on temporary detention, the items, means of transportation, licenses, and certificates of practice (in cases where the violator presents paper copies of the licenses and certificates of practice) must be returned immediately;"

5. Supplementing Point g after Point e, Clause 2 of Article 21 as follows:

"g) In the case where relevant documents related to individuals and traffic vehicles have been integrated and updated in the electronic identity card, electronic identification account on the National Identification Application, or managed by the Ministry of Public Security's database, when temporarily holding such documents, the authorized person shall implement the temporary holding of documents in an electronic environment, update information about the temporary holding of those documents in the administrative violation processing database system, and synchronize with the National Identification Application and the database managed by the Ministry of Public Security so that the violator and the vehicle owner (for documents of the vehicle owner) can be aware and comply with the laws on road traffic order and safety, serving the inspection, supervision, and handling of violations by competent authorities;"

The types of records and decisions made by the authorized person in the process of temporarily holding and returning documents shall be carried out according to the prescribed legal forms and may be established and sent electronically through the National Identification Application or other electronic information systems when technical conditions permit.

6. Amend and supplement Point b, Point c, and Point đ Clause 1, Point c, and Point d Clause 2 Article 27 as follows:

a) Amend and supplement Point b Clause 1 Article 27 as follows:

"b) Notify the form, level of fine, preventive measures, and other results obtained from collecting violations using technical equipment according to regulations;"

In the case where licenses and professional certificates have been integrated and updated in the electronic identity card, electronic identification account on the National Identification Application, or managed by the Ministry of Public Security's database, when applying the measure of revoking the right to use licenses and professional certificates, the authorized person shall implement the revocation of documents in an electronic environment, update information about the revocation of the right to use those licenses and certificates in the administrative violation processing database system, and synchronize with the National Identification Application and the database managed by the Ministry of Public Security so that the violator and the vehicle owner (for documents of the vehicle owner) can be aware and comply with the laws on road traffic order and safety, serving the inspection, supervision, and handling of violations by competent authorities;"

b) Amend and supplement Point c Clause 1 Article 27 as follows:

"c) Send the decision on administrative violation fines to the person being fined or their legal representative or authorized agent;"

c) Amend and supplement Point đ Clause 1 Article 27 as follows:

"đ) Return seized items, vehicles, and documents that were temporarily held or had their usage rights revoked according to administrative procedures to the person being fined. In the case where these documents have information about temporary holding or revocation of usage rights on the National Identification Application or the database managed by the Ministry of Public Security, the authorized person issuing the decision and recording the return of the documents to the person being fined; the administrative violation processing database system will synchronize information with the National Identification Application and the database managed by the Ministry of Public Security to remove the content of information about the temporary holding or revocation of usage rights of those documents;"

d) Amend and supplement Point c Clause 2 Article 27 as follows:

"c) The authorized person imposing fines shall search for the electronic receipt for payment of administrative violation fines sent by the public service portal system to print and file the administrative violation fine record and use it as the basis for returning seized documents and removing the content of information about the temporary holding of those documents on the National Identification Application and the database managed by the Ministry of Public Security according to the provisions of this point;"

đ) Amend and supplement Point d Clause 2 Article 27 as follows:

"d) The authorized person imposing administrative violation fines shall return seized documents and those whose usage rights were revoked (when the revocation period has expired) to the person being fined through public postal services. In the case where these documents have information about temporary holding or revocation of usage rights on the National Identification Application or the database managed by the Ministry of Public Security, the administrative violation processing database system will synchronize information with the National Identification Application and the database managed by the Ministry of Public Security to remove the content of information about the temporary holding or revocation of usage rights of those documents."

1. Amending and supplementing Clause 10 of Article 3 as follows:

"10. The declaration of vehicle registration shall be carried out through the National Public Service Portal, the Ministry of Public Security's Public Service Portal (hereinafter referred to collectively as the Public Service Portal) or the National Identity Application (in cases where the initial vehicle registration is conducted entirely online for domestically produced vehicles) or directly at the vehicle registration authority.

For Vietnamese citizens, they may conduct the initial vehicle registration entirely online for domestically produced vehicles; in this case, the vehicle owner must declare the vehicle registration on the Public Service Portal or the National Identity Application."

2. Amending and supplementing Clause 1 of Article 6 as follows:

"1. Comply with the laws and regulations on vehicle registration; carry out vehicle registration procedures through the Public Service Portal or the National Identity Application or directly at the vehicle registration authority; provide truthful, complete, and accurate information as required for vehicle registration; bear legal responsibility for the legality of the vehicle and its registration documents."

3. Amending and supplementing Clause 2 of Article 6 as follows:

"2. Bring the vehicle to the vehicle registration authority for inspection for initial registration (except in cases where Vietnamese citizens conduct the initial vehicle registration entirely online for domestically produced vehicles), transfer of ownership, relocation of the vehicle, modification, or change of paint color; if the vehicle registration certificate or license plate is blurred, damaged, or lost, the vehicle owner must report and process the replacement or reissue of the vehicle registration certificate or license plate (hereinafter referred to collectively as replacement or reissue) according to the prescribed regulations."

4. Supplementing Clause 6 after Clause 5 of Article 6 as follows:

"6. In cases where Vietnamese citizens conduct the initial vehicle registration entirely online for domestically produced vehicles, the vehicle owner must declare, submit the application form, and photos of the vehicle (taken from the front at a 45-degree angle, ensuring clear visibility of the vehicle's design) through the Public Service Portal or the National Identity Application, and must send the Quality Inspection Certificate upon Factory Release (stamped with the chassis number and engine number of the vehicle, provided by the vehicle manufacturer and stamped with a cross-seal) to the vehicle registration authority when receiving the results."

5. Amend and supplement Article 9 as follows:

"Article 9. Vehicle Registration Declaration Form

1. Declared on the Public Service Portal (except in cases where Vietnamese citizens conduct the initial vehicle registration entirely online for domestically produced vehicles): The vehicle owner logs into the Public Service Portal and accurately, completely, and truthfully declares all contents specified in the vehicle registration declaration form, signs it digitally. If there is no digital signature, the vehicle owner prints the vehicle registration declaration form from the Public Service Portal, signs it, writes their full name, and stamps it (if it is an organization or entity).

After successfully declaring, the vehicle owner receives the online registration file code and appointment schedule for processing the file notified by the Public Service Portal via SMS or email to proceed with vehicle registration; provide the registration file code to the vehicle registration authority to process the vehicle registration according to the prescribed regulations.

2. Declared on the Public Service Portal or the National Identity Application for cases where Vietnamese citizens conduct the initial vehicle registration entirely online for domestically produced vehicles: The vehicle owner logs into the Public Service Portal or the National Identity Application and accurately, completely, and truthfully declares all contents specified in the vehicle registration declaration form.

3. Declared and submitted directly at the vehicle registration authority: The vehicle owner accurately and completely declares all contents specified in the vehicle registration declaration form."

6. Amend and supplement Clause 1 of Article 12 as follows:

"1. Organizations and individuals registering vehicles shall comply with the provisions of Article 9 of this Circular; bring the vehicle to the vehicle registration authority (except in cases where Vietnamese citizens conduct the initial vehicle registration entirely online for domestically produced vehicles) and submit the documents stipulated in Articles 10 and 11 of this Circular."

7. Supplementing Clause 5 after Clause 4 of Article 12 as follows:

"5. In cases where Vietnamese citizens conduct the initial vehicle registration entirely online for domestically produced vehicles through the Public Service Portal or the National Identity Application,

a) The vehicle owner shall follow the provisions of Clause 2 of Article 9 of this Circular, without having to bring the vehicle to the vehicle registration authority; register to use public postal services to receive the vehicle registration certificate and license plate. When receiving the vehicle registration certificate and license plate, the vehicle owner shall send the Quality Inspection Certificate upon Factory Release (stamped with the chassis number and engine number of the vehicle, stamped with a cross-seal of the manufacturing facility) to the vehicle registration authority through public postal services;

If the vehicle owner does not submit the Quality Inspection Certificate upon Factory Release (stamped with the chassis number and engine number of the vehicle, stamped with a cross-seal of the manufacturing facility) or the information provided on the chassis number and engine number does not match the declared information, the vehicle owner must bring the vehicle to the vehicle registration authority to have the chassis number and engine number checked and receive the registration results;

b) The vehicle owner shall select the license plate number on the Public Service Portal or the National Identity Application according to the provisions of Clause 2 of Article 12 of this Circular;

c) The Public Service Portal and the National Identity Application shall notify the assigned license plate number and guide the payment of the registration fee via SMS or email or notify on the National Identity Application for the vehicle owner to pay through payment integration features on the Public Service Portal and the National Identity Application;

d) After successfully paying the registration fee, the Public Service Portal and the National Identity Application shall notify the vehicle owner that the payment has been completed.

d) The vehicle registration officer shall undertake to receive, inspect, and adjust the initial online registration data for vehicles from the public service portal and the national identification application dedicated to the vehicle registration and management system (without conducting: On-site vehicle inspection, scraping engine numbers, chassis numbers, and taking photos of the vehicle according to the prescribed procedures for vehicle registration); print the vehicle registration application form, certificate of registration; submit the vehicle file, certificate of registration, vehicle registration book, and related documents for approval and signature by the competent authority; stamp the vehicle file; sign the certificate of registration electronically to return the registration results to the public service portal and the national identification application as prescribed. Deliver the certificate of registration and license plates to the vehicle owner through the public postal service.

e) The vehicle registration officer shall receive the Quality Inspection Certificate at the time of factory release (with the engine number and chassis number scraped and stamped with the seal of the production facility) to inspect and compare with the data on the vehicle registration and management system, sign to confirm the inspection and comparison on the engine number and chassis number scraping sheet to be kept in the vehicle registration file; scan the engine number and chassis number scraping sheet (the scraping sheet affixed to the Quality Inspection Certificate at the time of factory release) and upload it to the vehicle registration and management system."

8. Amend and supplement Clause 1 of Article 28 as follows:

"1. Organizations and individuals who win the auction for automobile license plates shall proceed with vehicle registration as follows:

a) Fill out the vehicle registration application form in accordance with Article 9 of this Circular;

b) Bring the vehicle to the Traffic Police Office where they have their headquarters, residence, or the Traffic Police Office managing the license plate won in the auction for inspection (except in cases where Vietnamese citizens register a vehicle for the first time using the full online public service for domestically produced and assembled vehicles); provide the online registration file code and submit the vehicle file in accordance with Article 27 of this Circular;

c) After the vehicle registration officer inspects the vehicle file and the actual vehicle and confirms that they are valid, the registration authority will issue the license plate won in the auction; receive the appointment letter for collecting the registration results and pay the registration fee as prescribed; if the vehicle owner wishes to collect the registration results through the public postal service, they should register with the postal service provider;

d) Collect the registration results from the registration authority or from the postal service provider;

đ) In cases where Vietnamese citizens register a vehicle for the first time using the full online public service for domestically produced and assembled vehicles via the public service portal or the national identification application: Enter the auctioned license plate number, the decision number confirming the winning of the license plate, and follow the provisions of Clause 5 of Article 12 of this Circular."

Article 3. Effectiveness

1. This Circular takes effect from July 1, 2024, except as provided in Clause 2 of this Article.

2. Article 2 of this Circular takes effect from August 1, 2024.

Article 4. Responsibilities for Implementation

1. The Director of the Traffic Police Department is responsible for supervising and urging the implementation of this Circular.

2. Heads of units under the Ministry of Public Security, Provincial Police Directors, and centrally-administered city police directors, and relevant agencies, organizations, and individuals are responsible for implementing this Circular.

3. During the implementation of this Circular, if there are difficulties or obstacles, local police units shall report to the Ministry of Public Security (through the Traffic Police Department) for timely guidance.