Can traffic police send penalty decisions to the agency?

Article 70 of the Law on Handling Administrative Violations stipulates that, from the date of issuing a decision on administrative violation penalties with a written record, within 2 working days, the competent authority that issued the penalty decision must send it to the penalized individual or organization, the fine collection agency, and other relevant agencies (if any) for implementation.

Furthermore, in Directive 10/CT-TTg dated April 19, 2023, the Prime Minister also emphasized: All officials and Party members who violate traffic regulations must be reported to their respective agencies and units for strict handling in accordance with the regulations of the Party and each sector, agency, and unit.

In handling traffic violations, the rule of law must be absolutely upheld, with "no forbidden zones, no exceptions," and all traffic violations must be strictly dealt with according to the law.

Traffic police have the right to send penalty decisions to the agencies of officials, Party members, and civil servants who violate traffic laws. (Photo: Minh Tuệ)

It is strictly prohibited for officials and Party members to interfere with or influence the process of handling traffic violations by relevant authorities; it is strictly prohibited for law enforcement agencies to be lenient or overlook the importance of handling violations in any form.

We are determined to prosecute, investigate, and strictly handle traffic accidents with signs of criminal activity and those who resist law enforcement officers, in accordance with the law.

Therefore, if officials or Party members violate traffic regulations, traffic police can send the penalty decision to their agency for processing according to the regulations of the Party and each sector, agency, or unit. For individuals who are not officials, Party members, or civil servants, traffic police usually do not send the penalty decision to the offender's workplace.

Pursuant to Article 70 of the Law on Handling Administrative Violations, the decision to impose administrative penalties shall be delivered directly or sent by registered mail and notified to the individual or organization being penalized.

However, if the decision is delivered directly and the individual or organization intentionally refuses to accept it, the competent authority shall draw up a record of the refusal to accept the decision, with confirmation from the local government, and this shall be considered as having been delivered.

In the case of sending by registered mail, if after 10 days from the date of the penalty decision one of the following circumstances occurs, the decision shall be considered delivered:

- If sent by mail for the third time and returned because the individual or organization in violation intentionally refuses to receive it;

- Posting notices at the residence of the individual or the headquarters of the organization being penalized;

- There is reason to believe that the offender is evading receiving the penalty decision.

BAO HUNG

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