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THE MINISTRY OF
PUBLIC SECURITY
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 38/2010/TT-BCA
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Hanoi, October
12, 2010
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CIRCULAR
PROVIDING FOR NOTICE
OF PERSONS COMMITTING VIOLATIONS OF LAW ON TRAFFIC ORDER AND SAFETY
Pursuant to the Government’s Resolution No.
32/2007/NQ-CP dated June 29, 2007, on implementing a number of urgent solutions
aiming to restrain traffic accidents and traffic jam;
Pursuant to the Decree No. 77/2009/ND-CP dated
September 15, 2009, defining the functions, tasks, powers and organizational
structure of the Ministry of Public Security;
The Ministry of Public Security provides for
notice of persons committing violations of law on traffic order and safety as
follows:
Article 1. Scope of adjustment
This Circular provides for notice of persons
committing administrative violations involving order and safety of road,
railway, inland waterway traffic (herein after referred to as notice of
violations) to the residence, working and learning places of such persons, or
notify public information agencies; responsibilities of persons competent to
notice of violations, of persons receiving the violation notices and relevant
organizations and individuals.
Article 2. Subjects of application
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Article 3. Violation notice
Persons committing administrative violations
involving order the safety of road, railway, inland waterway traffic under
cases stated in Article 4 of this Circular must be notified in writing
(according to form No.01 promulgated together with this Circular) and notices
must be sent to Public Security agencies in communes, wards and townships,
where such persons reside, work, learn, so as to monitor, review, educate them
or sent to pubic information agencies for general propagation and
education. Violation notices must be sent immediately after issuing
decision on sanctioning administrative violations.
Article 4. Violations must be notified
1. For persons committing administrative violations
involving order and safety of road, railway, inland waterway traffic, apart
from form of fining, in accordance with law, they are also applied form
of additional sanctions including deprivation with a defined time or indefinite
time of right to use driver’s permit or certificate of training legal knowledge
on road traffic; deprivation of right to use permit for driving
ships; deprivation of right to use professional certificates of
seafarers, persons driving waterway means (herein after referred to as permit
for controlling means of transport).
2. Persons committing violations in controlling
means of transport without permits of controlling means of transport or with
permits not conforming to means of transport which are driven by them; using
permits which are not issued by competent agencies; modifying, erasing permits
of controlling means of transport; shirking the salvage obligation upon having
conditions; failing to supply or supplying inadequate documents, material
evidences related to traffic accidents; misusing traffic accidents to infringe
health, assets of victims; obstructing the examination, control of persons on
duty.
3. Apart from cases stated in Clause 1, Clause 2 of
this Article, base on specific conditions and requirements of ensuring the
traffic order and safety, Directors of Department of road-railway traffic
public security; Department of waterway traffic public security,
Directors of public security agencies in provinces and central-affiliated
cities may decide on notifying about violations for another cases.
Article 5. Competence of notifying about
violations
1. Directors of Department of road-railway traffic
public security; Department of waterway traffic public security, Directors of
public security agencies in provinces and central-affiliated cities shall
notify about violations for cases in which they or their subordinates have
issued decisions on sanction.
2. Heads of: Police Divisions of traffic, road -
railway traffic, waterway, order, police division for fast response, police
division for financial management about social order, chief of regiment of
mobile police; heads of public security agencies in districts, cities under
provinces shall notify about violations for cases in which they or their
subordinates have issued decisions on sanction.
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When receiving a notice of violation, Public
security agencies in communes, wards and townships shall record in logbook
(according to form No. 02 promulgated together with this Circular) and forward
that violation notice to the head of group of inhabitants or head of hamlet/village
where the offender resides or to agency, school, if the offender is cadre,
civil servant, public employee, pupil, or student to review and educate
him/her; the receivers of notice shall report to agency issued notice of
violation according to the report form (in form no. 01 promulgated together
with this Circular); in case where the offender has no address of residence,
working or learning as stated in notice of violation, the receivers shall
return such violation notice for agency issued notice of violation.
Article 7. Expenditure for notifying violations
1. The Public Security agencies at units and
localities shall use expenditure for notifying violations within their amounts
collected from sanction of administrative violations involving order and safety
of road, railway, and inland waterway traffic to pay for propagation.
2. Police Divisions of: traffic, road - railway
traffic, waterway shall make expenditure estimates for printing the forms and
expenditures in serve of notifying violations, submit them to Directors of
public security Departments in provinces and central-affiliated cities for
consideration and settlement in accordance with law.
Article 8. Effect
This Circular takes effect on November 29, 2010 and
replaces Circular No. 22/2007/TT-BCA(C11) dated October 12, 2007, of the
Ministry of Public Security, guiding on sending notices to the residing,
working and learning places of persons committing administrative violations
involving the traffic order and safety.
Article 9. Responsibilities for implementation
1. General Directors of Police Authority for
administrative management of social order and safety shall organize
implementation and direct, examine, guide implementation of this Circular.
2. Directors of Police Department of road-railway
traffic; Police Department of waterway, Police Department for administrative
management of social order, Directors of public security agencies in provinces
and central-affiliated cities shall guide, examine and urge implementation of
this Circular.
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4. General Directors of General Departments, heads
of units under the Ministry, Directors of public security agencies in provinces
and central-affiliated cities, Directors of the provincial Police Departments
for fire prevention, fighting, and rescue, salvage shall implement this
Circular.
In the course of implementation, any arising
problems should be reported to the Ministry of Public Security (through the
General Police Department for Administrative Management of Social Order and
Safety) for timely guides.
THE MINISTER OF
PUBLIC SECURITY
GENERAL
Le Hong Anh