Circular No. 37/2017/TT-BGTVT stipulates sample records and decisions for administrative violations in road traffic and railway sectors.

CIRCULAR

Specifies the model record and decision to be used in administrative penalty proceedings

for traffic violations in the road and railway transport sectors

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Pursuant to the Road Traffic Law dated November 13, 2008;

Pursuant to the Railways Law dated June 16, 2017;

Based on the Administrative Violation Handling Law dated June 20, 2012;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 97/2017/NĐ-CP dated August 18, 2017 of the Government amending and supplementing certain articles of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing certain provisions and measures for implementing the Law on Handling Administrative Violations;

At the proposal of the Inspector General of the Ministry of Transport, the Director of the Vietnam Highway Administration, and the Director of the Vietnam Railway Administration,

The Minister of Transport issues this Circular specifying the model record and decision to be used in administrative penalty proceedings for traffic violations in the road and railway transport sectors.

Article 1. Scope of Regulation

This Circular stipulates the model record and decision (hereinafter referred to as forms) and the management and use of these forms in administrative penalty proceedings for traffic violations in the road and railway transport sectors.

Article 2. Applicability

This Circular applies to individuals and organizations that commit administrative violations in the road and railway transport sectors; persons authorized to issue records of administrative violations, persons authorized to impose administrative penalties, and organizations and individuals related to the issuance of records and decisions on administrative penalties in the road and railway transport sectors.

Article 3. Forms used in administrative penalty proceedings for traffic violations in the road and railway transport sectors

1. Attached to this Circular are Appendices containing the forms used in administrative penalty proceedings for traffic violations in the road and railway transport sectors.

2. In addition to the forms attached to this Circular, competent authorities may also use other forms attached to Decree No. 97/2017/NĐ-CP dated August 18, 2017 of the Government amending and supplementing certain articles of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing certain provisions and measures for implementing the Law on Handling Administrative Violations.

3. Depending on specific circumstances, additional lines may be added to the criteria of the forms to ensure they contain all necessary information when imposing administrative penalties.

Article 4. Management and use of forms used in administrative penalty proceedings for traffic violations in the road and railway transport sectors

1. Authorities performing specialized inspection functions in the road and railway sectors shall use pre-printed forms or print them themselves.

2. Forms must be managed and monitored. The Ministry of Transport Inspectorate shall provide uniform guidance on the management of forms used in administrative penalty proceedings.

3. Authorities performing specialized inspection functions in the road and railway sectors shall establish internal regulations regarding the printing, management, and use of forms used in administrative penalty proceedings.

4. In cases where the violator has an integrated driving license with both a time-limited and a non-time-limited driving license, if the penalty of revoking the right to use the driving license is applied according to the Government's Decree on administrative penalties in the road and railway transport sectors, the person authorized to impose the penalty must clearly state in the decision on administrative penalty the categories of vehicles permitted to be driven according to the driving license and apply the penalty of revoking the right to use either the time-limited or non-time-limited driving license for the type of vehicle used when committing the violation (automobiles, tractors, or motorcycles). The violator retains the right to drive other types of vehicles listed in the driving license.

Article 5. Effective Date

1. This Circular takes effect from December 1, 2017.

2. Repeals Circular No. 05/2014/TT-BGTVT dated March 31, 2014 of the Minister of Transport on the model record and decision for administrative penalty proceedings in the road and railway transport sectors.

3. Abolishes Model No. 05 Appendix II issued together with Circular No. 02/2014/TT-BGTVT dated February 25, 2014 of the Minister of Transport on the procedures for specialized inspections, administrative penalty proceedings; planning, reporting systems, and internal management of the Transport Inspection Department.

Article 6. Implementation Organization

The Chief of the Ministry’s Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Highway Administration, the Director of the Vietnam Railway Administration, the Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.