Circular No. 30/2022/TT-BGTVT stipulates the forms and management and use of administrative penalty forms in the Transport Industry.

CIRCULAR

Prescribing forms and management and use of forms foradministrative penalties

in violation of administrative regulations in the oftransport industry

Pursuant to the Law on Handling Administrative Violations dated 2012; Pursuant to the Ordinance on Consolidating Normative Legal Documents dated March 22

On the basis of The Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Offenses dated November 13, 2020;

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. 138/2021/NĐ-CP dated December 31, 2021 of the Government stipulating the management and preservation of evidence, means of transportation, and licenses, certificates of practice seized or confiscated according to administrative procedures;

BASED ON THE DECREE NO. 56/2022/ND-CP dated August 24, 2022 of THE GOVERNMENT stipulating the functions, tasks, powers, and organizational structure of THE MINISTRY OF TRANSPORT;

At the proposal of the Inspector General of the Ministry of Transport;

After reaching consensus with the Minister of Justice;

The Minister of Transport hereby issues this Circular prescribing forms and management and use of forms for administrative penalties in the transport industry.

Article 1. Scope of Regulation

This Circular prescribes forms and management and use of forms for administrative penalties in areas under the State management authority to impose administrative penalties within the transport industry.

Article 2. Applicability

This Circular applies to:

1. Agencies and persons authorized to issue administrative violation records and impose administrative penalties within the transport industry.

2. Organizations and individuals related to the imposition of administrative penalties within the transport industry.

a) Decision to establish the Appraisal Committee for Seized Items and Means of Transportation in Violation of Administrative Offenses (Form No. 01/QĐ-TLHĐĐGTVPT);

1. Issuing two forms of administrative violation records for use in imposing administrative penalties within the transport industry as specified in Appendix I attached hereto.

2. In addition to the forms prescribed in Clause 1 of this Article, agencies and persons authorized to issue administrative violation records and impose administrative penalties within the transport industry shall use the forms issued together with Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing certain provisions and implementation measures of the Law on Handling Administrative Violations.

Article 4. Management and use of forms

1. Printing forms

a) Forms are printed on A4 size paper, ensuring the format and style of documents in accordance with legal regulations on archival work;

b) Forms can be pre-printed or printed from a computer;

c) Pre-printed forms must have clear pre-printed information that matches across all copies; pre-printed information and blank spaces for additional information must be arranged appropriately for ease of use.

2. Using pre-printed forms

a) Pre-printed forms are bound into books, each book containing at least 25 forms. Forms are numbered sequentially according to the issuance order of the agency or person authorized to impose administrative penalties in a year, starting from number 01 (one);

b) An administrative violation record has three copies; copy 1 is white and kept in the administrative penalty file or sent to the authorized administrative penalty enforcement agency if the case is transferred; copy 2 is pink and given to the violator; copy 3 is yellow, not separated from the book or transferred to the parents or guardians of the violator in cases where the administrative violation record is made against a minor;

c) An administrative penalty decision without a record has four copies; copy 1 is white and kept in the administrative penalty file; copies 2 and 3 are pink, one copy given to the violator, one copy sent to the organization collecting fines or sent to relevant organizations or individuals; copy 4 is yellow, not separated from the book or transferred to the parents or guardians of the violator in cases where the administrative penalty decision is made against a minor;

d) Other pre-printed forms not covered by points b and c of this clause must have sufficient copies to send or give to relevant organizations or individuals as indicated in the form.

3. Forms printed from a computer must have a separate numbering system to distinguish them from pre-printed forms, numbered sequentially according to the issuance order of the agency or person authorized to impose administrative penalties in a year, starting from number 01 (one).

4. Managing forms

a) Agencies performing inspection functions in the transport industry establish and issue internal regulations, set up paper registers or create on computers according to the model specified in Appendix II attached hereto to manage printing, distribution, use, recovery, destruction, numbering of forms, and track administrative penalties;

b) Pre-printed forms damaged during use must be crossed out from all four corners of the form, and the person responsible for damaging the form must provide a written explanation specifying the cause, confirmed by their immediate superior, and report to the head of the agency or unit;

c) Damaged, surplus, unused pre-printed forms must be destroyed; the destruction of forms must be carried out in accordance with legal regulations on archiving and recorded in a protocol.

5. Guidelines for writing content related to forms in cases of temporary detention or revocation of integrated licenses containing multiple pieces of information In cases of temporarily detaining driving licenses integrated with both time-limited and unlimited driving licenses, and aviation staff licenses with multiple qualifications, the authorized person issuing the temporary detention record and making the temporary detention decision must clearly state the vehicle categories and qualifications according to the license in the temporary detention record and decision. In cases where administrative penalties involving the revocation of integrated driving licenses with both time-limited and unlimited driving licenses, and aviation staff licenses with multiple qualifications are imposed, the authorized person imposing the penalty must clearly state the type of driving license (time-limited or unlimited for cars or motorcycles) and the related qualification involved in the administrative violation in the administrative penalty decision; the violator may operate other types of vehicles and perform other qualifications listed in the license.

Article 5. Effective Date

1. This Circular takes effect from February 1, 2023.

2. This Circular abolishes:

a) Circular No. 37/2017/TT-BGTVT dated October 9, 2017 of the Minister of Transport stipulating sample records and decisions used in administrative penalties in the road traffic and railway sectors;

b) Circular No. 12/2016/TT-BGTVT dated June 9, 2016, issued by the Minister of Transport guiding the implementation of certain provisions of Decree No. 132/2015/NĐ-CP dated December 25, 2015, of the Government stipulating administrative penalties for violations in inland waterway transport; Circular No. 18/2018/TT-BGTVT dated April 11, 2018, issued by the Minister of Transport amending and supplementing certain provisions of Circular No. 12/2016/TT-BGTVT dated June 9, 2016, issued by the Minister of Transport guiding the implementation of certain provisions of Decree No. 132/2015/NĐ-CP dated December 25, 2015, of the Government stipulating administrative penalties for violations in inland waterway transport;

c) Circular No. 08/2018/TT-BGTVT dated February 22, 2018, issued by the Minister of Transport prescribing models of inspection records and decision forms used in administrative penalties in the maritime sector;

d) Circular No. 34/2018/TT-BGTVT dated May 28, 2018, issued by the Minister of Transport prescribing models of inspection records and decision forms used in administrative penalties in the civil aviation sector;

The phrase "Violation handling monitoring book according to Model No. 2 prescribed in Appendix IV of this Circular" in Clause 2, Article 27 and Model No. 2 of Appendix IV promulgated together with Circular No. 02/2014/TT-BGTVT dated February 25, 2014, issued by the Minister of Transport stipulating specialized inspection procedures, administrative penalties; planning work, reporting systems, and internal management of the transport inspection agency (hereinafter referred to as Circular No. 02/2014/TT-BGTVT);

Model No. 5 of Appendix II of Circular No. 02/2014/TT-BGTVT (supplemented according to the provision of Clause 7, Article 1 of Circular No. 32/2016/TT-BGTVT dated November 7, 2016, issued by the Minister of Transport amending and supplementing certain provisions of Circular No. 02/2014/TT-BGTVT);

The phrase "established according to Model No. 5 prescribed in Appendix II of this Circular" in Clause 2, Article 22 of Circular No. 02/2014/TT-BGTVT (amended and supplemented according to the provision of Clause 3, Article 1 of Circular No. 32/2016/TT-BGTVT dated November 7, 2016, issued by the Minister of Transport amending and supplementing certain provisions of Circular No. 02/2014/TT-BGTVT).

3. In cases where the legal normative documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the provisions of the amended, supplemented, or replacing legal normative documents.

Article 6. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Directors of the Vietnam Highway Administration, the Directors of the Vietnam Railway Administration, the Directors of the Vietnam Inland Waterways Administration, the Directors of the Vietnam Civil Aviation Administration, the Directors of the Vietnam Maritime Administration, the Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Circular.