What is the maximum fine a traffic police officer can impose?

What is the maximum fine a traffic police officer can impose?

Pursuant to Article 76 and Clause 2, Article 78 of Decree 100/2019/ND-CP, as amended by Decree 123/2021/ND-CP, the authority of traffic police to impose penalties for violations is limited as follows:

Traffic police officers on duty have the right to impose a maximum fine of VND500,000 for individual violations and VND1 million for organizational violations.

The traffic police team leader has the right to impose a maximum fine of VND 1.5 million for individual violations and VND 3 million for organizational violations.

The Chief of Police has the right to impose a maximum fine of VND 2.5 million for individual violations and VND 5 million for organizational violations.

The Chief of District Police, Head of the Professional Department of the Traffic Police Department, and Head of the Traffic Police Department have the right to impose a maximum fine of VND 15 million for individual violations and VND 30 million for organizational violations.

Provincial Police Directors have the right to impose a maximum fine of VND37.5 million for individual violations and VND75 million for organizational violations.

The Director of the Traffic Police Department has the right to impose a maximum fine of VND 75 million for individual violations and VND 150 million for organizational violations.

Can traffic police fine on the spot without making a record?

According to Clause 1, Article 58 of the Law on Handling of Administrative Violations 2012, amended and supplemented by Clause 29, Article 1 of the Law on Handling of Administrative Violations 2020, effective from January 1, 2022, it is stipulated that:

Upon discovering an administrative violation within the area of their management, a competent person on duty must promptly draw up a record of the administrative violation, except in cases of sanctions without drawing up a record as prescribed in Clause 1, Article 56 of this Law.

In case of administrative violations occurring on an aircraft, ship or train, the aircraft commander, ship captain or train captain shall be responsible for organizing the drawing up of a record and immediately transferring it to the person with the authority to handle administrative violations when the aircraft, ship or train arrives at the airport, port or station.

On the other hand, Clause 1, Article 57 of the 2012 Law on Handling of Administrative Violations stipulates that administrative sanctions must be recorded and administrative violation records must be kept. Accordingly, administrative sanctions must be recorded and applied to administrative violations committed by individuals and organizations that do not fall under the cases specified in Clause 1, Article 56 of the 2012 Law on Handling of Administrative Violations.

Clause 1, Article 56 of the Law on Handling of Administrative Violations 2012 stipulates that administrative sanctions without making a record are applied in cases of warning or fines of up to VND 250,000 for individuals and VND 500,000 for organizations, and the person with the authority to impose sanctions must issue a decision to impose administrative sanctions on the spot.

Thus, the law stipulates that the minimum fine for traffic police to issue a ticket is over 250,000 VND for individuals and over 500,000 VND for organizations. In cases where a violation is detected on the spot and the fine is less than 250,000 VND, there is no need to issue a ticket. However, the traffic police still issue a decision to impose a fine on the spot as a basis for the violator to pay the fine.

Thus, according to the above regulations, the fine is up to 250,000 VND for individuals and 500,000 VND for organizations, then violating individuals and organizations can execute the decision to impose a fine on the spot.

In case it is impossible to execute the decision on the spot, the individual or organization being administratively sanctioned must comply with the sanction decision within 10 days from the date of receipt of the decision on administrative sanction as prescribed in Clause 1, Article 73 of the Law on Handling of Administrative Violations 2012.

In addition, at Point c, Clause 1; Clause 6, Article 125 of the Law on Handling of Administrative Violations 2012 stipulates that in order to ensure the enforcement of decisions on administrative sanctions in cases where only a fine is applied to individuals or organizations committing administrative violations, the person with the authority to impose sanctions has the right to temporarily detain one of the following documents in order: Driver's license or vehicle circulation permit or other necessary documents related to the exhibits or vehicles until the individual or organization has fully complied with the sanction decision.

If the violating individual or organization does not have the above documents, the competent authority may temporarily detain the exhibits and means of administrative violation, except for the case specified in Clause 10 of this Article.

Minh Hoa (t/h)

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