Thông tư 28/2024/TT-BCA sửa đổi Thông tư 32/2023/TT-BCA quy định nhiệm vụ, quyền hạn, hình thức, nội dung và quy trình tuần tra, kiểm soát, xử lý vi phạm hành chính về giao thông đường bộ của Cảnh sát giao thông; Thông tư 24/2023/TT-BCA quy định về cấp, thu hồi đăng ký, biển số xe cơ giới do Bộ trưởng Bộ Công An ban hành

CIRCULAR

AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO. 32/2023/TT-BCA DATED AUGUST 01, 2023 OF THE MINISTER OF PUBLIC SECURITY ON TASKS, POWERS, FORMS, CONTENTS AND PROCEDURES FOR PATROL, CONTROL AND HANDLING OF ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON ROAD TRAFFIC BY TRAFFIC POLICE FORCES; CIRCULAR NO. 24/2023/TT-BCA DATED JULY 01, 2023 OF THE MINISTER OF PUBLIC SECURITY ON ISSUANCE AND REVOCATION OF VEHICLE REGISTRATION AND LICENSE PLATES

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

Pursuant to the Law on amendments to some articles concerning planning of 37 laws dated November 20, 2018;

Pursuant to the Law on People’s Public Security Force dated November 20, 2018;

Pursuant to the Law on amendments to certain Articles of Law on the People’s Public Security Force dated June 22, 2023;

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

Pursuant to the Law on amendments to some Articles of Law on Handling of Administrative Violations dated November 13, 2020;

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Pursuant to the Law on Identification dated November 27, 2023;

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

Pursuant to the Government's Decree No. 100/2019/ND-CP dated December 30, 2019 on administrative penalties for road traffic offences and rail transport offences;

Pursuant to the Government's Decree No. 123/2021/ND-CP dated December 28, 2021 on amendments to several Articles of Decrees providing for administrative penalties for maritime offences; road traffic offences and rail transport offences; civil aviation offences;

Pursuant to the Government’s Decree No. 118/2021/ND-CP dated December 23, 2021 on elaboration of some Articles and measures for implementation of the Law on Handling of Administrative Violations;

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

Pursuant to the Government's Decree No. 01/2018/ND-CP dated August 06, 2018 on functions, tasks, powers and organizational structure of the Ministry of Public Security;

At the request of the Director of Traffic Police Department;

The Minister of Public Security promulgates Circular on amendments to some Articles of Circular No. 32/2023/TT-BCA dated August 01, 2023 of the Minister of Public Security on tasks, powers, forms, contents and procedures for patrol, control and handling of administrative violations against regulations on road traffic by traffic police forces; Circular No. 24/2023/TT-BCA dated July 01, 2023 of the Minister of Public Security on issuance and revocation of vehicle registration and license plates.

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1. Point a Clause 2 Article 12 shall be amended as follows:

"a) Control of documents related to each person and vehicle, including:

Driving license; certificate of training in knowledge about the road traffic law, license or certificate of operation of construction machinery; vehicle registration or certified true copy of vehicle registration and original copy of valid notice of receipt of a credit institution (during the period in which the credit institution holds authentic copy of vehicle registration; certificate and stamp of technical and environmental safety, written confirmation of validity period of such certificate and stamp (regarding any vehicle required to be inspected); certificate of compulsory civil liability insurance of motor vehicle users and other necessary documents according to regulations (hereinafter referred to as "documents");

When information included in these documents has been integrated into and updated to the e-identification and the electronic identification account on the national identification application and the database managed by the Ministry of Public Security, the inspection and control of documents shall be based on such information on the e-identification and the electronic identification account on the national identification application and the database; the information included in documents on the e-identification and the electronic identification account on the national identification application and the database has the same validity as that included in physical documents;”.

2. Clause 3 Article 18 shall be amended as follows:

“3. Notify the vehicle operator and persons on the vehicle of reasons for control; request the vehicle operator to present relevant documents according to regulations in point a Clause 2 Article 12 for control. To be specific:

a) In case the vehicle operator or owner presents information of documents that has been integrated into and updated to the e-identification and the electronic identification account on the national identification application and the database managed by the Ministry of Public Security, the inspection and control shall be based on such information on the e-identification and the electronic identification account on the national identification application and the database;

b) In case the vehicle operator or owner presents physical documents, these physical documents shall be directly inspected and compared and the information related to such documents on the database on handling of administrative violations and another database shall be searched;

c) The contents specified in Clause 2 Article 12 of this Circular shall be controlled; with regard to a passenger vehicle with at least 10 seats or a passenger vehicle having the size similar to that of the passenger vehicle with at least 10 seats, the control shall be directly conducted on the passenger compartment and results of the control shall be notified.”.

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“1. Imposing administrative penalties for unrecorded violations

Whenever detecting any violation classified as the one subject to unrecorded penalties, the traffic police officer shall issue a decision to impose penalties on the scene according to regulations.  In case the violating individual or organization has not immediately executed the decision, their relevant documents according to regulations in point d, point g Clause 2 Article 21 of this Circular and other relevant regulations of law on handling of administrative violations shall be temporarily seized in order to ensure execution of the decision to impose penalties.”.

4. Point b Clause 2 Article 21 shall be amended as follows:

"b) Within 24 hours from the time on which the record is made, the traffic police officer making the record shall report exhibit/instrumentality used for commission of administrative violations, license or practicing certificate temporarily seized to the person having authority to make temporary seizure in order to consider issuing a decision on temporary seizure.  If the exhibit is a perishable good, the traffic police officer shall immediately report it to the direct supervisor for further actions; if the exhibit is damaged or lost, he/she must pay compensation according to regulations of law;

In case the decision on temporary seizure is not issued, the exhibit/instrumentality used for commission of administrative violations, license or practicing certificate shall be immediately returned (in case the violating individual or organization presents physical license or practicing certificate);”.

5. Point g shall be added after point e, Clause 2 of Article 21 as follows:

“g) If documents related to the person and vehicle have been integrated into and updated to the e-identification and the electronic identification account on the national identification application and the database managed by the Ministry of Public Security, when temporarily seizing these documents, the person having authority to make temporary seizure shall temporarily seize such documents by electronic means, update information on such temporary seizure of documents to the database on handling of administrative violations and carry out synchronization with the national identification application and the database managed by the Ministry of Public Security in order for the violating individual or organization or the vehicle owner (regarding documents of the vehicle owner) to receive the information and comply with regulations of laws on road traffic safety and order, thereby serving inspection, control and handling of violations by functional and competent forces;

Records and decisions issued by the person having authority to temporarily seize and return documents shall be made according to forms under regulations of law and may be formulated and sent by electronic means on the national identification application or other electronic information applications and systems when technical conditions are satisfied.”.

6. Points b, c and dd Clause 1 and points c and d Clause 2 Article 27 shall be amended as follows:

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“b) Notify penalties, fines, preventive measures, other measures and violations detected by technical means and equipment according to regulations;

If licenses and practicing certificates have been integrated into and updated to the e-identification and the electronic identification account on the national identification application and the database managed by the Ministry of Public Security, when terminating such licenses and practicing certificates, the competent person shall terminate such licenses and practicing certificates by electronic means, update information on such termination of licenses and practicing certificates to the database on handling of administrative violations and carry out synchronization with the national identification application and the database managed by the Ministry of Public Security in order for the violating individual or organization or the vehicle owner (regarding documents of the vehicle owner) to receive the information and comply with regulations of laws on road traffic safety and order, thereby serving inspection, control and handling of violations by functional and competent forces;

b) Point c Clause 1 Article 27 shall be amended as follows:

“c) Send a decision to impose penalties to the individual or organization incurring these penalties or their legal representative or authorized person;”;

c) Point dd Clause 1 Article 27 shall be amended as follows:

“dd) Return exhibits, instrumentalities and documents temporarily seized or terminated according to administrative procedures to the individual or organization incurring penalties.  If the national identification application and the database managed by the Ministry of Public Security contain information on temporary seizure or termination of these documents, the competent person shall issue a decision and make a record of returning such documents to the individual or organization incurring penalties; the database on handling of administrative violations shall have its information synchronized with the national identification application and the database managed by the Ministry of Public Security in order to remove information on temporary seizure or termination of such documents;”;

d) Point c Clause 2 Article 27 shall be amended as follows:

“c) The person having power to impose the fine shall search for the electronic receipt of the fine that is sent by the public service portal in order to print it out, store it in the dossier on imposition of the fine and use it as a basis to return the temporarily seized documents, and remove information on temporary seizure from the national identification application and the database managed by the Ministry of Public Security according to regulations in point d of this Clause;”;

dd) Point d Clause 2 Article 27 shall be amended as follows:

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Article 2. Amendments to some Articles of Circular No. 24/2023/TT-BCA dated July 01, 2023 of the Minister of Public Security on issuance and revocation of vehicle registration and license plates

1. Clause 10 Article 3 shall be amended as follows:

“10. The vehicle registration shall be declared on the national public service portal, the public service portal of the Ministry of Public Security (hereinafter referred to as “public service portal”) or the national identification application (in case of initial registration of vehicles that are domestically manufactured and assembled by the wholly online public service) or declared in person at the vehicle registration authority.

Vietnamese citizens are entitled to initial registration of vehicles that are domestically manufactured and assembled by the wholly online public service; in this case, each vehicle owner shall declare the vehicle registration on the public service portal or the national identification application.”.

2. Clause 1 Article 6 shall be amended as follows:

“1. Strictly abide by laws and regulations on vehicle registration; follow procedures for vehicle registration on the public service portal or the national identification application or in person at vehicle registration authorities; provide and declare information on vehicle registration in a full, honest and accurate manner; be responsible to the law for legality of vehicles and vehicle documentation.”.

3. Clause 2 Article 6 shall be amended as follows:

“2. Have their vehicles inspected at vehicle registration authorities specified in Article 4 of this Circular in case of initial registration (except for cases where Vietnamese citizens apply for initial registration of vehicles that are domestically manufactured and assembled by the wholly online public service), registration of title transfer, vehicle transfer, modification and color change; in case vehicle registration certificates or license plates are faded, damaged or lost, the vehicle owners shall make declaration and follow procedures for replacement of vehicle registration certificates or license plates (hereinafter referred to as “replacement”), re-issuance of vehicle registration certificates or license plates (hereinafter referred to as “re-issuance”) according to regulations.”.

4. Clause 6 shall be added after Clause 5 of Article 6 as follows:

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5. Article 9 shall be amended as follows:

“Article 9. Vehicle registration form

1. Regarding vehicle registration on the public service portal (except for cases where Vietnamese citizens apply for initial registration of vehicles that are domestically manufactured and assembled by the wholly online public service): the vehicle owner shall log into the public service portal, declare contents specified in the vehicle registration form in an accurate, full and honest manner, and digitally sign.  In case of no digital signature, the vehicle owner shall print the vehicle registration form from the public service portal, write their full name and bear seal (in case the vehicle owner is an agency or organization).

After successful declaration, the vehicle owner will receive number of e-application for vehicle registration and an appointment to process the application notified by the public service portal via phone message or via email to complete procedures for vehicle registration; the number of e-application for vehicle registration shall be provided for the vehicle registration authority so as to follow vehicle registration procedures as prescribed.

2. Regarding vehicle registration on the public service portal or the national identification application in cases where Vietnamese citizens apply for initial registration of vehicles that are domestically manufactured and assembled by the wholly online public service): the vehicle owner shall log into the public service portal or the national identification application and declare contents specified in the vehicle registration form in an accurate, full and honest manner.

3. Regarding vehicle registration and submission of vehicle registration forms in person at vehicle registration authorities: the vehicle owner shall declare contents specified in the vehicle registration form in an accurate and full manner.

6. Clause 1 Article 12 shall be amended as follows:

“1. Organizations and individuals shall follow procedures for initial registration of vehicles according to regulations in Article 9 of this Circular; they shall bring their vehicles to vehicle registration authorities (except for cases where Vietnamese citizens apply for initial registration of vehicles that are domestically manufactured and assembled by the wholly online public service) and submit documents specified in Article 10 and Article 11 of this Circular.”.

7. Clause 5 shall be added after Clause 4 of Article 12 as follows:

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a) The vehicle owner shall comply with regulations in Clause 2 Article 9 of this Circular and is not required to bring their vehicle to the vehicle registration authority; shall apply for registration of public post services in order to receive vehicle registration certificate and license plate.  When receiving the vehicle registration certificate and license plate, the vehicle owner shall send a certificate of ex-factory quality inspection (the pencil prints of engine number and chassis number shall be pasted on the certificate and the certificate shall be fan-stamped by the manufacturer) to the vehicle registration authority by post;

If the vehicle owner fails to submit the certificate of ex-factory quality inspection (the pencil prints of engine number and chassis number shall be pasted on the certificate and the certificate shall be fan-stamped by the manufacturer) or provide information on pencil prints of engine number and chassis number contrary to the declared information, the vehicle owner shall bring their vehicle to the vehicle registration authority to take pencil prints of engine number and chassis number and receive vehicle registration results;

b) The vehicle owner shall press the license plate on the public service portal or the national identification application according to regulations in Clause 2 Article 12 of this Circular;

c) The notification of the issued license plate and guidance on payment of vehicle registration fee shall be given on the public service portal and the national identification application via phone message or email or the national identification application in order for the vehicle owner to pay the fee via utility payment integrated into the public service portal and the national identification application;

d) After successful payment of the vehicle registration fee, the vehicle owner shall be notified of completion of payment of the fee by the public service portal and the national identification application;

dd) The vehicle registration officer shall receive, inspect and adjust data on initial vehicle registration by the wholly online public service that is transferred from the public service portal and the national identification application to the vehicle registration and management system (it is not required to conduct physical inspection of the vehicle and take pencil prints of engine number and chassis number and photo of the vehicle according to professional procedures for registration of vehicles); print the vehicle registration form and vehicle registration certificate; request the competent authority to approve and sign vehicle documentation, vehicle registration certificate, vehicle registration logbook and relevant documents; stamp vehicle documentation; and digitally sign the vehicle registration certificate in order to return vehicle registration results to the public service portal and the national identification application according to regulations.  The vehicle registration certificate and license plate shall be returned to the vehicle owner by post; 

e) The vehicle registration officer shall receive the certificate of ex-factory quality inspection (the pencil prints of engine number and chassis number shall be pasted on the certificate and the certificate shall be fan-stamped by the manufacturer) to conduct inspection and compare that with the data on the vehicle registration and management system, sign and certify that the inspection has been conducted and the comparison with pencil prints of engine number and chassis number has been made for the purpose of storage in the vehicle registration application; scan pencil prints of engine number and chassis number (pasted on the certificate of ex-factory quality inspection) and update them to the vehicle registration and management system.”.

8. Clause 1 Article 28 shall be amended as follows:

“1. The auction winner of an automobile license plate shall apply for automobile registration as follows:

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b) Bringing the automobile to the Traffic Police Division where the vehicle owner’s headquarter (in case of an organization) or place of residence (in case of an individual) is located or Traffic Police Division managing the license plate purchased at auction to inspect the vehicle (except for cases where Vietnamese citizens apply for initial registration of vehicles that are domestically manufactured and assembled by the wholly online public service); providing number of e-application for vehicle registration and submitting the application as prescribed in Article 27 of this Circular;

c) After the vehicle registration officer inspects the vehicle registration application and conducts physical inspection of the vehicle, if the application and vehicle are satisfactory, the vehicle registration authority shall issue the license plate purchased at the auction; the appointment note to return vehicle registration result shall be received and the vehicle registration fee shall be paid as prescribed; in case the vehicle owner wishes to receive the vehicle registration result by post, it/he/she shall register with the public post office;

d) Receiving vehicle registration results in person at the vehicle registration authority or by post;

dd) Regarding the case where a Vietnamese citizen follows procedures for initial registration of a vehicle that is domestically manufactured and assembled with the license plate purchased at the auction by the wholly online public service on the public service portal or the national identification application, entering the license plate purchased at the auction and number of the decision on certification of the license plate purchased at the auction and complying with regulations in Clause 5 Article 12 of this Circular.”.

Article 3. Entry into force

1. This Circular comes into force as of July 1, 2024, except for Clause 2 of this Article.

2. Article 2 of this Circular comes into force from August 01, 2024.

Article 4. Responsibility for implementation

1. The Director of Traffic Police Department shall be responsible for inspecting and urging the implementation of this Circular.

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3. Any difficulty arising during the implementation of this Circular shall be reported to the Traffic Police Department affiliated to the Ministry of Public Security for prompt guidance./.

MINISTER




Colonel General Luong Tam Quang