The Ministry of Public Security has issued Circular No. 32/2023 regulating the tasks, powers, form, content and process of patrolling, controlling and handling administrative violations of road traffic of traffic police. The Circular takes effect from September 15, 9.
Article 12 of Circular 32 stipulates that when stopping a vehicle, traffic police will control documents related to people and vehicles, including:
-Driving license.
-Vehicle registration certificate or certified copy of vehicle registration certificate with original valid receipt from the credit institution (during the time the credit institution keeps the original vehicle registration certificate).
-Inspection certificate, technical safety and environmental protection inspection stamp, confirmation of validity period of the inspection certificate and inspection stamp (for types of vehicles that require inspection determined).
-Compulsory insurance certificate for civil liability of motor vehicle owners and other necessary documents.
When stopped by traffic police to patrol and control, if asked to present ID card or CCCD card, traffic participants must comply and provide all required documents.
However, according to Clause 2 of Article 82 of Decree 100/2019/ND-CP (amended by Point b, Clause 32, Article 2 of Decree 123/2021/ND-CP), it is stipulated:
To ensure the implementation of decisions on sanctioning administrative violations or to verify the circumstances as a basis for the sanction, the person with sanctioning authority may decide to temporarily impound vehicles and documents related to the operator. drivers and vehicles that violate one of the violations specified in this Decree, according to the provisions of Clauses 6 and 8, Article 125 of the Law on Handling of Administrative Violations 2012 (amended and supplemented in 2020). .
When documents are temporarily seized according to the provisions of Clause 6, Article 125 of the Law on Handling of Administrative Violations, if after the scheduled time to resolve the violation recorded in the administrative violation record, the violator does not come. headquarters of the person with sanctioning authority to resolve the violation, but still continue to drive the vehicle or use the vehicle to participate in traffic, the violator will be punished as an act without documents.
In addition, Clause 6 of Article 125 of the Law on Handling of Administrative Violations 2012 stipulates as follows: In cases where fines are only applied to individuals or organizations committing administrative violations, the person with sanctioning authority has the right to temporarily seize one of the following documents in order: driver's license, vehicle circulation license or other documents related to exhibits and vehicles until that individual or organization complies. sanctioning decisions. If the violating individual or organization does not have the above documents, the person with sanctioning authority may temporarily seize evidence and means of administrative violations, except for the cases specified in Clause 10 of this Article.
Therefore, the traffic police can temporarily seize one of the documents of the traffic violator such as driver's license, vehicle registration or other documents related to the violating vehicle. If the violator cannot present one of the above documents, the traffic police can temporarily impound the violating vehicle.
Thus, traffic police do not have the right to keep the citizen identification cards of traffic violators.
In what cases can traffic police stop a vehicle?
According to Circular 32/2023, from September 15, 9, traffic police patrols will be allowed to stop and control vehicles in 2023 cases.
Directly detect or through professional technical equipment detect and collect violations of the law on road traffic and other violations of the law.
– Implement orders and plans for total vehicle control to ensure road traffic order and safety and social order; Plans for patrolling, controlling, and handling violations according to topics to ensure order, road traffic safety, and social order have been issued by competent authorities.
- There is a written request of the head or deputy head of the investigating agency; a written request from the relevant functional agency to stop the means of transport for control in service of ensuring security and order; crime prevention and combat; natural disaster prevention and control, fire and explosion; disease prevention and control; rescue, rescue and other violations of the law.
The written request must specify the time, route, and means of traffic to stop for control, handling, and forces participating in coordination.
- There are reports, reports, recommendations and denunciations of organizations and individuals about illegal acts of people and vehicles participating in road traffic.
Minh Hoa (th)
