Thông tư 38/2010/TT-BCA

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

This Circular applies to Public Security agencies at units and localities; Vietnamese citizens committing administrative violations involving order and safety of road, railway, inland waterway traffic, and organizations, individuals related to notifying about violation. 

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.

Article 6. Responsibilities of public security agencies in communes, wards and townships where receiving notice of violations

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.

3. Heads of Police Divisions of: traffic, road - railway traffic, waterway, order police, police division for fast response, police division for financial management about social order, chief of regiment of mobile police, directors of public security agencies in provinces and central-affiliated cities; Heads of public security agencies in districts, cities under provinces, shall implement this Circular, and biannually and annually, report on implementation result to directors of public security agencies in provinces and central-affiliated cities, Director of Police Department of road-railway traffic, Director of Police Department of waterway.

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.