Circular No. 38/2010/TT-BCA on the notification of persons violating traffic regulations concerning public order and safety

CIRCULAR

Regulations on reporting individuals who violate traffic laws and regulations concerning traffic order and safety

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Pursuant to Resolution No. 32/2007/NQ-CP dated June 29, 2007 of the Government on implementing urgent measures to curb traffic accidents and traffic congestion;

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

The Ministry of Public Security hereby regulates the reporting of individuals who violate traffic laws and regulations concerning traffic order and safety as follows:

Article 1. Scope of Regulation

This Circular stipulates the reporting of individuals who commit administrative violations concerning traffic order and safety on roads, railways, and inland waterways (referred to as violation reports) to their place of residence, work, study, or to mass media organizations; the responsibilities of those authorized to report violations, recipients of violation reports, and related organizations and individuals.

Article 2. Applicability

This Circular applies to units and local public security organs; Vietnamese citizens who commit administrative violations concerning traffic order and safety on roads, railways, and inland waterways, and organizations and individuals related to the reporting of violations.

Article 3. Violation Reports

Individuals who commit administrative violations concerning traffic order and safety on roads, railways, and inland waterways as specified in Article 4 of this Circular must be reported in writing (in accordance with Form No. 01 attached hereto) to the police station of the commune, ward, or town where they reside, work, or study for monitoring, evaluation, and education, or sent to mass media organizations for general publicity and education. Violation reports must be sent immediately after issuing the decision on administrative penalty.

Article 4. Cases Requiring Violation Reports

1. Individuals who commit administrative violations concerning traffic order and safety on roads, railways, and inland waterways, and according to the law, in addition to fines, are subject to supplementary penalties such as suspension of driving licenses or certificates for traffic law training, either temporarily or permanently; suspension of ship operation permits; suspension of professional qualifications or certificates of seafarers or drivers of watercraft (collectively referred to as vehicle operation permits).

2. Individuals who operate vehicles without valid vehicle operation permits or with permits that do not match the vehicles being operated; use permits not issued by competent authorities; alter or deface vehicle operation permits; evade rescue obligations when conditions permit; fail to provide or provide incomplete evidence related to traffic accidents; exploit traffic accidents to infringe upon the health or property of victims; obstruct the inspection and control activities of enforcement officers.

3. In addition to the cases specified in Clauses 1 and 2 of this Article, based on specific circumstances and requirements for ensuring traffic order and safety, the Director of the Highway Traffic Police Corps, the Director of the Waterway Police Corps, and the Director of provincial or centrally-administered city public security departments may decide to report other violations.

Article 5. Authority to Notify Violations

1. The Director of the Highway Police Traffic Police Department, the Director of the Inland Waterway Police Department, the Director of the Provincial Police Department under the direct jurisdiction of the central government shall notify violations for cases where they or their subordinates issue decisions on administrative penalties.

2. The Heads of the following Departments: Traffic Police, Highway Police - Railway Police, Inland Waterway Police, Public Order Police, Rapid Response Police, Financial Management Police for Social Order, Mobile Brigade Commander; the Head of the District Police, County Police, City Police under the province's jurisdiction shall notify violations for cases where they or their subordinates issue decisions on administrative penalties.

Article 6. Responsibilities of Commune, Ward, Town Police Receiving Violation Notifications

When receiving violation notifications, the commune, ward, town police have the responsibility to record them in the tracking log (according to Model No. 02 issued together with this Circular) and transfer such violation notifications to the head of the residential street association, village head where the violator resides, or to the workplace or school if the violator is a civil servant, public official, employee, student, or trainee for review and education; the recipient has the responsibility to report back to the issuing authority according to the notification report form (in Model No. 01 issued together with this Circular); in case the violator does not have a residence, work, or study address as stated in the violation notification, return the violation notification to the notifying authority.

Article 7. Budget for Implementing Violation Notifications

1. Local police units shall use funds from the revenue collected from administrative penalties in the field of road traffic, railway traffic, inland waterway traffic to implement violation notifications for publicity activities.

2. The Heads of the following Departments: Traffic Police, Highway Police - Railway Police, Inland Waterway Police shall be responsible for preparing the budget for printing forms and the budget for implementing violation notifications, submitting it to the Provincial Police Director under the direct jurisdiction of the central government for consideration and resolution in accordance with the law.

Article 8. Effective Date

This Circular takes effect from November 29, 2010, and replaces Circular No. 22/2007/TT-BCA(C11) dated October 12, 2007, of the Ministry of Public Security guiding the notification of violations to the place of residence or workplace, study of individuals who commit administrative violations related to traffic order and safety.

Article 9. Responsibility for implementation

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

2. The Directors of the Highway Police Traffic Police Department, the Inland Waterway Police Department, the Social Order Administrative Management Police Department, the Provincial Police Director under the direct jurisdiction of the central government are responsible for guiding inspections, urging the implementation of this Circular.

3. The Heads of the following Departments: Traffic Police, Highway Police - Railway Police, Inland Waterway Police, Public Order Police, Rapid Response Police, Social Order Administrative Management Police, Mobile Brigade Commander, Provincial Police; the Head of the District Police, County Police, City Police under the province's jurisdiction are responsible for implementing this Circular and reporting the results every six months and annually to the Provincial Police Director under the direct jurisdiction of the central government, the Director of the Highway Police Traffic Police Department, the Director of the Inland Waterway Police Department.

4. The Directors of the General Bureaus, the Heads of units directly under the Ministry, the Provincial Police Director under the direct jurisdiction of the central government, the Director of the Fire Prevention, Firefighting, Rescue and Relief Bureau are responsible for enforcing this Circular.

During the implementation of this Circular, if any difficulties arise, local police units shall report to the Ministry (through the Administrative Management General Bureau for Social Order and Safety) for timely guidance./.