Circular No. 51/2022/TT-BGTVT guiding the implementation of certain provisions of Decree No. 135/2021/NĐ-CP dated December 31, 2021 of the Government on the list, management, and use of technical equipment and procedures for collecting and using data obtained from such equipment provided by individuals and organizations to detect administrative violations in the field of Transport.

 

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 135/2021/NĐ-CP

dated December 31, 2021 of the Government on the Catalogue, Management, and Use of Technical Equipment and Procedures for Collecting and Using Data Obtained from Technical Equipment Provided by Individuals and Organizations to Detect Administrative Violations 

Provided by Individuals and Organizations to Detect Administrative Violations

organization providing for the detection of administrative violations

Within the Transport Sector

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 Decree No. 135/2021/NĐ-CP dated December 31, 2021 of the Government on the Catalogue, Management, and Use of Technical Equipment and Procedures for Collecting and Using Data Obtained from Technical Equipment Provided by Individuals and Organizations to Detect Administrative Violations; obtained, using data obtained from means and technical equipment provided by individuals or organizations for the detection of administrative violations;

Pursuant to Decree No. 56/2022/NĐ-CP dated August 24, 2022 of the Government on the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Transport;

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

The Minister of Transport issues this Circular guiding the implementation of certain provisions of Decree No. 135/2021/NĐ-CP dated December 31, 2021 of the Government on the Catalogue, Management, and Use of Technical Equipment and Procedures for Collecting and Using Data Obtained from Technical Equipment Provided by Individuals and Organizations to Detect Administrative Violations within the Transport Sector. Article of Decree No. 135/2021/NĐ-CP dated December 31, 2021 of the Governmentstipulates the list, management, and use of technical means and equipment, and procedures for collecting obtained, using data obtained from means and technical equipment provided by individuals or organizations for the detection of administrative violations in the Transport Industry.

 

PART I

GENERAL PROVISIONS

 

Article 1. Scope of Regulation

This Circular stipulates on:

1. Standards and Quotas for the Use of Technical Equipment for Detecting Administrative Violations Related to Traffic Order and Safety on Roadways, Railways, Inland Waterways, Maritime, and Civil Aviation for Agencies and Units with Authority to Impose Administrative Sanctions in the Field of State Administration under the Transport Sector.

2. Catalogue of Technical Equipment under the Transport Sector that Must Be Inspected, Calibrated, Tested, and Compared Before Being Put into Use.

3. Procedures for Using Technical Equipment.

4. Collection and Use of Data Obtained from Technical Equipment Provided by Organizations and Individuals within the Field of State Administration under the Transport Sector.

Article 2. Applicability

This Circular applies to:

1. Agencies and Individuals Authorized to Manage and Use Technical Equipment for Detecting Administrative Violations under the Transport Sector.

2. Organizations Entrusted with Managing, Operating, Maintaining Infrastructure, Airports, Air Navigation, and Transport Business in Providing Data Obtained from Technical Equipment.

3. Organizations and Individuals Providing Data Obtained from Technical Equipment.

4. Agencies and Individuals Authorized to Draft Administrative Violation Records and Impose Administrative Sanctions under the Transport Sector.

5. Organizations and Individuals Committing Administrative Violations Detected by Technical Equipment under the Transport Sector or by Technical Equipment Provided by Organizations and Individuals to Agencies and Individuals Authorized to Impose Administrative Sanctions under the Transport Sector.

6. Other Relevant Organizations and Individuals.

Chapter II

STANDARDS, QUOTAS, MANAGEMENT, AND USE OF TECHNICAL EQUIPMENT

 

Article 3. Standards and Quotas for the Use of Technical Equipment for Detecting Administrative Violations under the Transport Sector used to detect administrative violations in the Transport Industry

1. Principles for Applying Standards and Quotas for the Use of Technical Equipment:

a) As a basis for developing plans and preparing budget estimates in accordance with Clause 2, Article 7 of Decree No. 135/2021/NĐ-CP dated December 31, 2021 of the Government on the Catalogue, Management, and Use of Technical Equipment and Procedures for Collecting and Using Data Obtained from Technical Equipment Provided by Individuals and Organizations to Detect Administrative Violations (hereinafter referred to as Decree No. 135/2021/NĐ-CP);

b) The quotas stipulated in this Circular are maximum levels calculated per unit entrusted with management and use;

c) The authority deciding on investment and procurement shall base decisions on functions, tasks, nature of work, usage needs, actual conditions, and allocated funds to determine appropriate quantities, ensuring economy and effectiveness.

2. Attached to this Circular are standards and quotas for the use of technical equipment, including:

a) Appendix I: Standards and Quotas for the Use of Technical Equipment for Detecting Administrative Violations Related to Traffic Order and Safety on Roadways;

b) Appendix II: Standards and Quotas for the Use of Technical Equipment for Detecting Administrative Violations Related to Traffic Order and Safety on Railways;

c) Appendix III: Standards and Quotas for the Use of Technical Equipment for Detecting Administrative Violations Related to Traffic Order and Safety on Inland Waterways;

d) Appendix IV: Standards and Quotas for the Use of Technical Equipment for Detecting Administrative Violations Related to Traffic Order and Safety at Sea;

đ) Appendix V: Standards and Quotas for the Use of Technical Equipment for Detecting Administrative Violations Related to Traffic Order and Safety in Civil Aviation.

Article 4. List of technical equipment subject to inspection, calibration, testing, comparisonbelonging to the Transport Industry

1. The inspection and calibration of technical equipment before being put into use shall be carried out in accordance with Circular No. 23/2013/TT-BKHCN dated September 26, 2013 issued by the Minister of Science and Technology on measurement for group 2 measuring instruments, and Circular No. 07/2019/TT-BKHCNdated July 26, 2019 issued by the Minister of Science and Technology amending and supplementing certain provisions of Circular No.23/2013/TT-BKHCNdated September 26, 2013 on measurement for group 2 measuring instruments.2. Technical equipment when put into use must meet the requirements for inspection, including:

a) Length measuring instruments;

b) Weighbridges for checking the load of motor vehicles;

c) Speed measuring devices for traffic vehicles with image recording;

d) Breath alcohol concentration measuring devices;

đ) Satellite positioning devices;

e) Noise measuring devices;

g) Exhaust gas concentration measuring devices;

h) Water depth measuring devices;

i) Flow velocity measuring devices for water.

3. Technical equipment when put into use must meet the requirements for calibration, including:

a) Radiation recording devices;

b) Sound level meters;

c) Light intensity meters;

d) Steering wheel angle measuring devices for motor vehicles;

đ) Leveling devices;

e) Height gauges for coupling heads;

g) Wheelbase gauges;

h) Wheel diameter gauges;

i) Rim flange width and tread depth gauges;

k) Stopwatches;

l) Axle load measuring devices.

4. Technical equipment not specified in Clauses 2 and 3 of this Article, before being put into use, must ensure quality in accordance with the laws on product and commodity quality and measurement.

Article 5. Provision, leasing of technical equipment

1. Authority to decide on provision, leasing of technical equipment:

a) The Inspector General of the Ministry of Transport decides on the provision and leasing of technical equipment for the Ministry's Inspectorate;

b) The Director of specialized management agencies under the Ministry of Transport decides on the provision and leasing of technical equipment for their respective agencies and subordinate units;

c) The provision and leasing of technical equipment for the Provincial Transport Inspectorate, the Provincial Transport and Construction Inspectorate (hereinafter referred to collectively as the Provincial Transport Inspectorate) shall be decided by the People's Committee of the province in accordance with Clause 4 of Article 9 of Decree No. 135/2021/NĐ-CP.

2. The system and funding for the provision and leasing of technical equipment shall be implemented in accordance with Articles 7, 8, and 9 of Decree No. 135/2021/NĐ-CP and other relevant laws.

3. The Inspector General of the Ministry, the Directors of specialized management agencies under the Ministry of Transport, and the Directors of Provincial Transport Departments, Provincial Transport and Construction Departments (hereinafter referred to collectively as Provincial Transport Departments) shall prepare plans and budgets for investment, procurement, provision, maintenance, repair, inspection, calibration, and testing of technical equipment, as well as procurement of consumables for the operation of such equipment, and submit them to the competent authority in accordance with the State budget law.

3. The Inspector General of the Ministry of Transport, the Heads of specialized agencies under the Ministry of Transport, the Directors of Provincial Departments of Transport, and Provincial Departments of Transport and Construction (hereinafter referred to collectively as Provincial Departments of Transport) shall prepare plans and budgets for investment, procurement, installation, maintenance, repair, inspection, calibration, and testing of technical means and equipment, and procurement of consumables for the operation of such means and equipment, and submit them to competent authorities in accordance with laws on state budget.

Article 6. Management and use of technical equipment

1. Units managing and using technical equipment include:

a) The Inspectorate under the Ministry of Transport;

b) Vietnam Highway Administration;

c) Vietnam Railway Administration; Inspection and Safety Department, Inspection and Safety Team under the Vietnam Railway Administration;

d) Vietnam Inland Waterway Administration; Inland Waterway Branch, Inspection and Safety Team under the Inland Waterway Branch; Inland Waterway Port Office, Representative of Inland Waterway Port Office;

đ) Inspectorate of Vietnam Maritime Administration, Port Office of Maritime, Representative of Port Office of Maritime;

e) Inspectorate of Vietnam Civil Aviation Administration, Air Port Office, Representative of Air Port Office;

g) Inspectorate of Provincial Transport Departments and specialized teams under the Inspectorate of Provincial Transport Departments.

Point a) Managing, using, and operating technical equipment in accordance with Articles 10, 11, and 12 of Decree No. 135/2021/NĐ-CP dated December 31, 2021 of the Government stipulating the list, management, and use of technical equipment and procedures for collecting and using data obtained from technical equipment provided by individuals or organizations for detecting administrative violations (hereinafter referred to as Decree No. 135/2021/NĐ-CP);

a) Managing, using, and operating technical equipment according to Articles 10, 11, and 12 of Decree No. 135/2021/NĐ-CP;

b) Maintaining records of technical condition and operational time of technical equipment according to Model VI and records of handover of technical equipment according to Model VII issued together with this Circular.

Article 7. Requirements and responsibilities of persons using technical equipment1. Fulfilling requirements stipulated in Article 13 of Decree No. 135/2021/NĐ-CP.2. Wearing uniforms, insignia, and name badges of the agency or unit when using and operating technical equipment.

PROCEDURE FOR USING TECHNICAL EQUIPMENT

Article 8. Procedure for using technical equipment 

Chapter III

1. Technical equipment can only be installed and used upon approval by authorized persons.

Based on approved inspection and supervision plans, units managing and using technical equipment shall prepare monthly plans for the use of technical equipment and submit them to the authorized person specified in point c, Clause 2, Article 12 of Decree No. 135/2021/NĐ-CP for approval before the 25th of each month.

In cases where technical equipment is used for sudden inspections and supervision, the units managing and using such equipment shall implement according to the decision of the authorized person.

2. Based on the approved monthly plan for the use of technical equipment, units managing and using technical equipment shall develop and implement weekly plans.

Weekly plans must clearly specify the following contents: Time, location, purpose of use; user; name of technical equipment.

3. Procedures and operations for using and maintaining technical equipment shall be carried out according to the manufacturer's instructions and Technical Regulations (if applicable).

4. Technical equipment must be handed over according to work schedules; handovers must be recorded in the handover record book for technical equipment.

5. Monthly and weekly plans for the use of technical equipment as stipulated in Clause 1 and Clause 2 of this Article may be established and approved within the monthly and weekly inspection and supervision plans of the units.

PROCEDURE FOR HANDLING RESULTS COLLECTED BY TECHNICAL EQUIPMENT

1. Results collected by technical equipment must be recorded in writing, ensuring basic information as prescribed in Clause 2, Article 14 of Decree No. 135/2021/NĐ-CP.

2. If the results collected by technical equipment have identified organizations or individuals who violated regulations, the authorized person handling the case shall issue an administrative violation notice according to regulations.

Article 93. If the results collected by technical equipment have not identified organizations or individuals who violated regulations, the authorized person shall take the following actions:

a) Identify information about organizations or individuals related to administrative violations through sources: Vehicle registration and inspection databases; databases of licenses, certificates, and professional qualifications; traffic monitoring and coordination systems; Automatic Identification System (AIS) for vessels; Long Range Identification and Tracking (LRIT) system for vessels;

b) Immediately after identifying information about organizations or individuals related to administrative violations as prescribed in point a of this clause, the authorized person handling the case shall send a written notification requesting the organizations or individuals related to administrative violations to come to the office of the agency or unit to resolve the case according to Model VIII issued together with this Circular;

c) Issue an administrative violation notice according to regulations once the organization or individual violating regulations has been identified.

4. Transfer of results collected by technical equipment as stipulated in Clause 2, Article 15 of Decree No. 135/2021/NĐ-CP shall be carried out as follows:

a) Methods of transferring results: Directly; via postal service; official email; management and operation system of the transport sector's inspectorate;

b) Principles of transferring results:

The Inspectorate under the Ministry of Transport transfers to agencies performing inspection functions in the transport sector.

Administrative agencies under the Ministry of Transport transfer to subordinate units with authority to impose penalties; if there is no subordinate unit with authority to impose penalties located in the area where the organization or individual committing the violation is based, it shall be transferred to the Inspectorate of the Provincial Transport Department with authority to impose penalties.

Port offices transfer to representative port offices and competent port offices at the same level.

The Inspectorate of the Provincial Transport Department transfers to the Inspectorate of the Provincial Transport Department in another locality.

Specialized teams under the Inspectorate of the Provincial Transport Department, specialized departments under agencies assigned to perform specialized inspection functions, and representatives of port offices transfer to units at the same level within the same agency.

COLLECTION AND USE OF DATA OBTAINED FROM TECHNICAL EQUIPMENT PROVIDED BY INDIVIDUALS OR ORGANIZATIONS

The Inspectorate of the Provincial Department of Transport transfers to the Inspectorate of the Provincial Department of Transport in another locality.

The specialized units under the Inspectorate of the Provincial Department of Transport, the advisory units for specialized inspections under the agency assigned to perform specialized inspection functions, and representatives of port supervision offices transfer to units at the same level within the same agency.

Chapter IV

COLLECTION AND USE OF DATA OBTAINED FROM MEANS,

TECHNICAL EQUIPMENT PROVIDED BY INDIVIDUALS, ORGANIZATIONS 

Article 10. Receiving and collecting data obtained from technical means and equipment provided by organizations and individuals by organizations or individuals provided

1. Agencies and units receiving and collecting data:

a) The Vietnam Road Administration, Transport Departments' Inspection Units, and their specialized teams shall receive and collect data obtained from technical means and equipment provided by organizations and individuals for violations of traffic order and safety on roads within their penalty jurisdiction;

b) The Vietnam Railways Corporation, railway inspection advisory units, Transport Departments' Inspection Units, and their specialized teams shall receive and collect data obtained from technical means and equipment provided by organizations and individuals for violations of traffic order and safety on railways within their penalty jurisdiction;

c) The Vietnam Inland Waterway Administration, Inland Waterway Branches, inland waterway inspection advisory units, Inland Waterway Port Control Units, and their representatives, Transport Departments' Inspection Units, and their specialized teams shall receive and collect data obtained from technical means and equipment provided by organizations and individuals for violations of traffic order and safety on inland waterways within their penalty jurisdiction;

d) The Vietnam Maritime Administration, Vietnam Maritime Administration's Inspection Unit, Port Control Units for maritime affairs, and their representatives shall receive and collect data obtained from technical means and equipment provided by organizations and individuals for violations of traffic order and safety at sea within their penalty jurisdiction;

đ) The Civil Aviation Authority of Vietnam, Civil Aviation Authority's Inspection Unit, Air Traffic Control Units, and their representatives shall receive and collect data obtained from technical means and equipment provided by organizations and individuals for violations of traffic order and safety in civil aviation within their penalty jurisdiction;

2. Agencies and units receiving and collecting data shall be responsible for implementing the provisions of Article 19 of Decree No. 135/2021/NĐ-CP and send a notification letter regarding the verification and handling results of the data to the individual or organization that provided the data if such individual or organization requests it according to Model IX attached to this Circular;

3. The procedures for receiving, collecting, and processing data shall be carried out in accordance with the provisions of Article 20 of Decree No. 135/2021/NĐ-CP and the following contents:

a) Record the logbook for receiving and processing data according to the model at Appendix X attached to this Circular;

Agencies and units receiving and collecting data may use software to track and process received data but must ensure the contents at Appendix X attached to this Circular;

b) The person receiving the data shall classify and evaluate whether the data meets the requirements as stipulated in Clause 1 of Article 17 of Decree No. 135/2021/NĐ-CP, report to the authorized person to handle the data as stipulated in Clause 3 of Article 20 of Decree No. 135/2021/NĐ-CP;

Article 11. XClarify the data obtained from technical means and equipment provided by individuals and organizations and conclude the case

1. In cases where the information and data provided have identified the organization or individual being reported for administrative violations, the authorized person shall conduct verification according to the steps specified in Article 21 of Decree No. 135/2021/NĐ-CP;

2. In cases where the data provided has not identified the organization or individual being reported for administrative violations, the authorized person shall determine the information about the organization or individual being reported for administrative violations through sources specified in Point a, Clause 3 of Article 9 of this Circular;

3. The results of verification and conclusions of the case must be recorded in the logbook for receiving and processing reported information and data; sent to the organization or individual providing the data as stipulated in Point a, Clause 3 of Article 10 of this Circular;

Article 12. Receiving and using the results obtained from technical means and equipment provided by organizations entrusted with managing, operating, and maintaining transportation infrastructure, airports, air traffic control, and transport businesses

1. Agencies and units specified in Clause 1 of Article 10 of this Circular shall receive information and data from technical means and equipment specified in Clause 3 of this Article and are responsible for processing the data in accordance with Article 15 of Decree No. 135/2021/NĐ-CP;

2. The results obtained from technical means and equipment must ensure accuracy, be recorded in writing, and include basic information as stipulated in Clause 2 of Article 14 of Decree No. 135/2021/NĐ-CP;

3. Organizations entrusted with managing, operating, and maintaining transportation infrastructure, airports, air traffic control, and transport businesses when providing results obtained from vehicle weight checking devices, axle load measuring devices, audio and video recording devices, security surveillance cameras, traffic control systems, cameras installed on transport vehicles, flight parameter recording devices, aircraft data recording systems, must ensure the following requirements:

a) The use of technical means and equipment must comply with Points a and b of Clause 2 of Article 22 of Decree No. 135/2021/NĐ-CP;

b) Technical means and equipment used must meet quality standards and technical regulations as prescribed by laws on product quality and measurement;

c) Procedures, operations, usage, and maintenance of technical means and equipment must be carried out according to the manufacturer's instructions;

d) When violations are detected from data obtained through technical means and equipment or upon request from authorized enforcement agencies, organizations with technical means and equipment must provide the data obtained from technical means and equipment to the authorized enforcement agency within one working day;

Chapter V

RESPONSIBILITIES AND IMPLEMENTATION ORGANIZATION

Article 13. Training on procedures, operations for using, maintaining technical equipment and devices.

1. Units managing and using technical equipment and devices shall be responsible for:

a) Organizing training on procedures, operations for using, maintaining technical equipment and devices for users within their units;

b) Establishing and retaining training records in accordance with point b, Clause 2, Article 10 of Decree No. 135/2021/NĐ-CP, including: training plan, content, time; training materials; list of trainers and trainees; training results.

2. Organizations entrusted with managing, operating, maintaining transportation infrastructure, airports, air traffic control, and transport business operations shall be responsible for:

a) Organizing training on procedures, operations for using, maintaining technical equipment and devices for users within their units;

b) Establishing and retaining training records, including: training plan, content, time; training materials; list of trainers and trainees; training results.

Article 14. Reporting System

The Inspectorate under the Ministry, Vietnam Highway Administration, Vietnam Railway Administration, Vietnam Inland Waterway Administration, Vietnam Maritime Administration, Vietnam Civil Aviation Administration, Provincial Departments of Transport shall report to the Ministry of Transport on the management and use of technical equipment and devices, in detail as follows:

1. Report Title: Management and Use of Technical Equipment and Devices.

2. Report Content: Matters related to the management and use of technical equipment and devices.

3. Method of Sending and Receiving Reports: Regular reports shall be submitted in the form of a written document or electronic version, sent through one of the following methods: direct submission, postal service, or updating data on management software.

4. Frequency of Reporting: Annually.

5. Deadline for Submitting Reports: Before December 20 of the reporting year.

6. Period for Finalizing Report Data: From December 15 of the previous year to December 14 of the reporting year.

7. Outline of the Report: As stipulated in Appendix XI attached to this Circular.

Article 15. Effective Date

2. Credit cooperatives established and operating according to the License issued by the State Bank before the effective date of this Circular do not need to reapply for a License according to the provisions of this Circular.

2. Repeal Circular No. 06/2017/TT-BGTVT dated February 28, 2017 issued by the Minister of Transport regarding procedures for using technical equipment and devices and using results obtained from such equipment and devices as grounds for administrative violations and penalties in the field of road transport.

3. Technical equipment and devices that were equipped and used before January 1, 2022, if they still meet the requirements set forth in Decree No. 135/2021/NĐ-CP, may continue to be used to detect and handle administrative violations.

4. In cases where laws or regulations cited in this Circular are amended, supplemented, or replaced, the amended, supplemented, or replaced laws or regulations shall apply.

Article 16. Implementation Organization

The Head of the Ministry's Office, the Head of the Inspectorate under the Ministry, Heads of Departments, Directors of Administrative Units, Heads of Organizations, and relevant individuals are responsible for implementing this Circular./.