CIRCULAR

FORMS AND MANAGEMENT, USE THEREOF IN IMPOSING ADMINSITRATIVE PENALTIES ON TRANSPORT VIOLATIONS

Pursuant to the Law on Imposing Administrative Penalties dated June 20, 2012;

Pursuant to the Law on amendment to the Law on Imposing Administrative Penalties dated November 13, 2020;

Pursuant to Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government elaborating the Law on Imposing Administrative Penalties;

Pursuant to Decree No. 138/2021/ND-CP dated December 31, 2021 of the Government on management and maintenance of temporarily and permanently confiscated exhibits and vehicles involved in administrative violations and temporarily confiscated license for operation under administrative procedures;

Pursuant to Decree No. 56/2022/ND-CP dated August 24, 2022 of the Government on functions, tasks, powers, and organizational structures of the Ministry of Transport;

At request of Chief Inspectorate of the Ministry of Transport;

...

...

...

The Minister of Transport promulgates Circular on forms and management, use thereof in imposing administrative penalties on transport violations.

Article 1. Scope

This Circular prescribes the forms and management, use thereof in imposing administrative penalties in state management fields within the scope of transport sector.

Article 2. Regulated entities

This Circular applies to:

1. Competent authorities and individuals entitled to produce offense notice and impose administrative penalties on transport violations.

2. Organizations and individuals related to the imposing of administrative penalties on transport violations.

Article 3. Forms used in imposing administrative penalties

1. 2 offense notice forms are promulgated for use in imposing of administrative penalties on transport violations and attached under Appendix I hereof.

...

...

...

Article 4. Management and use of forms

1. Printing forms

a) Forms are printed on A4 paper and presented in a format that conforms to regulations and law on record management;

b) Forms are either pre-printed or computer-printed;

c) Pre-printed forms must contain consistent pre-printed information across all copies; pre-printed information and fillable blanks must be structured with convenience and appropriateness in mind.

2. Using pre-printed forms

a) Pre-printed forms shall be bound into book each of which contains 25 forms. Forms are numbered in accordance with the order in which they are issued by competent authorities in the year, starting from number 1;

b) Each administrative offense notice shall have 3 copies; the first white copy is to be kept in dossiers on administrative penalties or sent to competent individuals entitled to impose administrative penalties if the violation is transferred; the second pink copy is handed to the offender; the third yellow copy must not be separated from the book or is transferred to parents or guardian of the offender if the offender is a minor;

c) Each decision imposing administrative penalties without offense notice shall have 4 copies, the first white copy is to be kept in dossiers on administrative penalties; one of the second, third pink copies is handed to the offender and the other is send to organization that collects the fine or to relevant organizations, individuals; the fourth yellow copy must not be separated from the book or is transferred to parents or guardian of the offender if the offender is a minor;

...

...

...

3. Computer-printed forms must have a separate numbering system in order to be distinct from pre-printed forms, be numbered in order in which they are issued by competent authorities entitled to impose administrative penalties in a year, starting from number.

4. Managing forms

a) Authorities that exercise inspection function in transport shall develop, promulgate internal regulations, and produce form logs on paper or on a computer using forms under Appendix II attached hereto in order to manage the printing, issuance, use, revocation, cancellation, and numbering of forms and monitor the imposing of administrative penalties;

b) Pre-printed forms that are damaged during use must be crossed from each corner and persons who damage the forms while imposing administrative penalties shall present written explanation verified by their direct superiors and submit to heads of the agencies;

c) Pre-printed forms that are damaged, left, or unused must be destroyed; the destruction of the forms shall conform to regulations and law on archive and be recorded in writing.

5. Instructions on filling in the forms in case of temporary or permanent suspension of license that contains various information and data

In case of temporary suspension of driver's license that is integrated from limited term driver’s license and permanent driver’s license and license of aviation personnel that is integrated with various specifications, competent individuals entitled to produce temporary suspension records and issue decisions on temporary suspension shall specify class of vehicles and specifications within the temporary suspension record and decisions on temporary suspension.

In case holders of driver’s license that is integrated from limited term driver’s license and permanent driver’s license, license of aviation personnel that is integrated with various specifications are met with revocation of the license as a form of administrative penalty, competent persons entitled to impose penalties shall specify the class of limited term or permanent driver’s license (motor vehicles or tractors or motorcycles), specifications related to the violations in questions in decisions on imposing of administrative penalties; the offenders are then allowed to operate the other vehicles and perform other specifications stated in the license.

Article 5. Entry into force

...

...

...

2. This Circular annuls:

a) Circular No. 37/2017/TT-BGTVT dated October 9, 2017 of the Minister of Transport;

b) Circular No. 12/2016/TT-BGTVT dated June 9, 2016 of the Minister of Transport; Circular No. 18/2018/TT-BGTVT dated April 11, 2018 of the Minister of Transport;

c) Circular No. 08/2018/TT-BGTVT dated February 22, 2018 of the Minister of Transport;

d) Circular No.34/2018/TT-BGTVT dated May 28, 2018 of the Minister of Transport;

dd) The phrase “Administrative penalty log prepared using Form No. 2 under Appendix IV hereof” under Clause 2 Article 27 and Form No. 2 under Appendix IV attached to Circular No. 02/2014/TT-BGTVT dated February 25, 2014 of the Minister of Transport;

e) Form No. 5 under Appendix II of Circular No. 02/2014/TT-BGTVT (added by Clause 7 Article 1 of Circular No. 32/2016/TT-BGTVT dated November 7, 2016 of the Minister of Transport);

g) The phrase “prepared using Form No. 5 under Appendix II hereof” under Clause 2 Article 22 of Circular No. 02/2014/TT-BGTVT (amended by Clause 3 Article 1 of Circular No. 32/2016/TT-BGTVT dated November 7, 2016 of the Minister of Transport).

3. If documents referred to in this Circular are amended or replaced, the new documents shall prevail.

...

...

...

Chief of the Ministry Office, Chief of the Ministry Inspectorate, directors, Director of the Directorate for Road of Vietnam, Director of the Vietnam Railway Administration, Director of the Vietnam Inland Waterway Authority, Director of the Civil Aviation Authority of Vietnam, Director of the Vietnam Maritime Administration, and relevant heads of agencies, organizations, and individuals are responsible for the implementation of this Circular./.

PP. MINISTER
DEPUTY MINISTER




Le Dinh Tho