Do traffic police call to notify of cold fines?

According to Clause 1, Article 28, Circular No. 32/2023/TT-BCA, within 10 days from the date of discovery of the violation, the person with sanctioning authority of the Police agency where the administrative violation is discovered do the following:

- Identify information about vehicles, vehicle owners, organizations and individuals related to administrative violations through the vehicle registration agency, the National Database on population, agencies and organizations. other relevant officials;

- In case the vehicle owner, organization or individual involved in the administrative violation does not reside or is headquartered in the district where the police agency has discovered the administrative violation, if the violation is determined If that administrative offense falls under the sanctioning authority of the Chief of Commune, Ward or Town Police, the results collected by means and professional technical equipment will be transferred to the Commune, Ward or Town Police where the vehicle owner or organization is located. Organizations and individuals involved in administrative violations reside and are headquartered (according to form No. 03 issued with Circular No. 32/2023/TT-BCA) to resolve and handle violations (when equipped with a network connection system sent electronically).

In cases where administrative violations do not fall under the sanctioning authority of the Chief of Commune, Ward or Town Police or fall within the sanctioning authority of the Chief of Commune, Ward or Town Police but the Commune, Ward or Town Police have not yet been equipped connected by the network system, transfer the results collected by means and professional technical equipment to the district police where the vehicle owner, organization or individual involved in the administrative violation resides or is stationed. headquarters (according to form No. 03 issued with Circular No. 32/2023/TT-BCA) to resolve and handle violations;

- Send a notice (according to form No. 02 issued with Circular No. 32/2023/TT-BCA) requesting vehicle owners, organizations and individuals involved in administrative violations to the police headquarters. where an administrative violation is detected or go to the headquarters of the Commune, Ward, Town Police or District Police where you reside or are headquartered to resolve the administrative violation case if traveling is difficult and there is no Conditions for going directly to the headquarters of the Police agency where administrative violations are discovered according to the provisions of Clause 2, Article 15, Decree No. 135/2021/ND-CP.

Sending notice of violation is done in paper form or electronically (when infrastructure, technical and information conditions are met).

Thus, according to the above regulations, when notifying a cold fine, the police agency where the traffic administrative violation is discovered will notify it in writing or electronically (when the basic conditions are met). infrastructure, technology, information).

Procedure for resolving and handling traffic violations at the Police headquarters

The order for resolving and handling traffic violations at the Police headquarters according to Article 27, Circular No. 32/2023/TT-BCA is as follows:

- When the violator comes to resolve the violation, do the following:

+ Receive the administrative violation record from the violator and compare it with the violation record (in case the administrative violation record is lost, you must carefully compare the violator's personal information with the violation record). offense); Do not resolve the case with an intermediary (except in cases authorized by law) or outside the unit's prescribed position in resolving administrative violations. For cases that need verification and clarification, the report recommends that a competent person organize verification;

+ Notify the form, level of punishment, preventive measures, other measures, and results of collecting violations using means and professional technical equipment according to regulations;

+ Hand over the decision to sanction administrative violations to the person being sanctioned or the legal representative or authorized person;

+ Receive, check, compare fine receipts (or other fine collection and payment documents as prescribed by law) with administrative violation records and keep the records;

+ Return exhibits, vehicles, and documents temporarily detained according to administrative procedures (except in cases where the right to use is deprived or confiscated) according to the provisions of law;

+ In case the case is resolved according to the notice of administrative violation of road traffic order and safety:

++ Check and compare information on notices and identification documents;

++ Show violators the results of violations collected using professional technical means and equipment;

++ Make records of administrative violations and handle violations according to regulations.

- In case violators pay fines for administrative violations through the National Public Service Portal, the Public Service Portal of the Ministry of Public Security

+ The person with sanctioning authority sends sanctioning information to the Public Service Portal; The public service portal automatically notifies violators to look up information about administrative penalty decisions through the violator's phone number registered with the police at the time of making an administrative violation record. ;

+ Violators access the Public Service Portal through the number of the decision to sanction administrative violations that has been notified or the number of the administrative violation record to look up information about the decision to sanction administrative violations; pay fines for administrative violations, register to receive seized documents via public postal services;

+ Persons with sanctioning authority look up electronic receipts for collecting fines for administrative violations sent by the Public Service Portal system to print and save administrative violation sanction records and serve as a basis for returning documents. detained according to the provisions of law;

+ Persons with authority to sanction administrative violations return temporarily seized documents and the expiry date to the violator via the public postal service.

- In case violators pay administrative fines through public postal services, it shall comply with the provisions of Article 20, Decree No. 118/2021/ND-CP.

- In case the violator does not comply with the decision to sanction an administrative violation or the deadline for coming to resolve the violation stated in the administrative violation record or written notice of the person with sanctioning authority has passed. If the vehicle owner or violator has not come forward to resolve the issue (for vehicles that are required to be inspected), then:

The person with sanctioning authority shall send a notice to the Registry agency for coordinated handling according to the provisions of Decree No. 139/2018/ND-CP (amended and supplemented in Decree No. 30/2023/ND- CP) and Decree No. 100/2019/ND-CP (amended and supplemented in Decree No. 123/2021/ND-CP).

- Sanctioning of administrative violations in the electronic environment is carried out when infrastructure, technical and information conditions are met.