THE MINISTRY OF PUBLIC SECURITY _______ No. 15/2022/TT-BCA | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness _____________________ Hanoi, April 06, 2022 |
CIRCULAR
Amending and supplementing a number of articles of the Minister of Public Security's Circular No. 43/2017/TT-BCA dated October 20, 2017, prescribing procedures for grant and revocation of certificates of eligibility for security and order, examination and grant of security guard certificates; the Minister of Public Security's Circular No. 45/2017/TT-BCA dated October 20, 2017, prescribing procedures for registration of specimen seals, revocation and cancellation of seals, invalidation of seals, inspection of management and use of seals; the Minister of Public Security’s Circular No. 58/2020/TT-BCA dated June 16, 2020, prescribing procedures for grant and revocation of registration certificates and number plates of road motor vehicles; the Minister of Public Security's Circular No. 65/2020/TT-BCA dated June 19, 2020, prescribing tasks, powers, forms, contents of and procedures for patrol, management and handling of administrative violations relating to road traffic of traffic police; the Minister of Public Security's Circular No. 68/2020/TT-BCA dated June 19, 2020, prescribing procedures for patrol, management and handling of administrative violations of water police; and the Minister of Public Security's Circular No. 73/2021/TT-BCA dated June 29, 2021, prescribing sample passports, international travel documents and other relevant forms
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Pursuant to the Law on Road Traffic dated November 13, 2008;
Pursuant to the Civil Code dated November 24, 2015;
Pursuant to the Law on the People’s Public Security Forces dated November 20, 2018
Pursuant to the Law on Inland Waterway Navigation dated June 15, 2004;
Pursuant to the Law Amending and Supplementing a Number of Articles of the Law on Inland Waterway Navigation dated June 17, 2014;
Pursuant to the Law Amending and Supplementing a Number of Articles of Thirty Seven Laws Related to the Planning Law dated November 20, 2018;
Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;
Pursuant to the Law Amending and Supplementing a Number of Articles of the Law on Handling of Administrative Violations dated November 13, 2020;
Pursuant to the Government's Decree No. 123/2021/ND-CP dated December 28, 2021, amending and supplementing a number of Articles of Decrees prescribing penalties for administrative violations in the maritime; road traffic and rail transport; and civil aviation;
Pursuant to the Government's Decree No. 96/2016/ND-CP dated July 1, 2016, on security and order conditions for a number of conditional investment and business lines;
Pursuant to the Government’s Decree No. 99/2016/ND-CP dated July 01, 2016, on management and use of seals;
Pursuant to the Government’s Decree No. 61/2018/NĐ-CP dated April 23, 2018, on the implementation of the single-window and inter-agency single-window mechanism in the performance of administrative procedures;
Pursuant to the Government’s Decree No. 76/2020/NĐ-CP dated July 01, 2020, prescribing in detail subjects eligible for grant, and the order, procedures and competence for issuance, revocation and invalidation of international travel documents;
Pursuant to the Government's Decree No. 45/2020/ND-CP dated April 08, 2020, on performance of administrative procedures in the electronic environment;
Pursuant to the Government's Decree No. 135/2021/ND-CP dated December 31, 2021, prescribing the list, management and use of technical means and equipment and procedures for collection and use data obtained from means and technical equipment provided by individuals and organizations to detect administrative violations;
Pursuant to the Government’s Decree No. 01/2018/ND-CP dated August 06, 2018, prescribing the functions, tasks, powers and organizational structure of the Ministry of Public Security;
At the request of the Director of the Department of Legal Affairs and Administrative-Judicial Reforms;
The Minister of Public Security hereby promulgates the Circular amending and supplementing a number of articles of the Minister of Public Security's Circular No. 43/2017/TT-BCA dated October 20, 2017, prescribing procedures for grant and revocation of certificates of eligibility for security and order, examination and grant of security guard certificates; the Minister of Public Security's Circular No. 45/2017/TT-BCA dated October 20, 2017, prescribing procedures for registration of specimen seals, revocation and cancellation of seals, invalidation of seals, inspection of management and use of seals; the Minister of Public Security’s Circular No. 58/2020/TT-BCA dated June 16, 2020, prescribing procedures for grant and revocation of registration certificates and number plates of road motor vehicles; the Minister of Public Security's Circular No. 65/2020/TT-BCA dated June 19, 2020, prescribing tasks, powers, forms, contents of and procedures for patrol, management and handling of administrative violations relating to road traffic of traffic police; the Minister of Public Security's Circular No. 68/2020/TT-BCA dated June 19, 2020, prescribing procedures for patrol, management and handling of administrative violations of water police; and the Minister of Public Security's Circular No. 73/2021/TT-BCA dated June 29, 2021, prescribing sample passports, international travel documents and other relevant forms.
Article 1. Amending and supplementing a number of articles of the Minister of Public Security's Circular No. 43/2017/TT-BCA dated October 20, 2017, prescribing procedures for grant and revocation of certificates eligibility for security and order, examination and grant of security guard certificates as follows:
1. To amend Clause 1, Article 3 as follow:
“1. Upon receipt of dossiers from businesses for the grant of the certificates of eligibility for security and order in accordance with Articles 19, 20, 21 and 22 of Decree No. 96/2016/ND-CP, the recipient officers shall take responsibility for checking information, components and validity of submitted dossiers, and taking the following actions:
a) In case where the dossiers are submitted in person:
If the dossier is complete, the recipient officer shall record the receipt in the dossier receipt according to the form DK1a to the Minister of Public Security's Circular No. 42/2017/TT-BCA dated October 20, 2017, detailing a number of articles of Decree No. 96/2016/ND-CP dated July 1, 2016, on security and order conditions for a number of conditional business lines (hereinafter referred to as Circular No. 42/2017/TT-BCA), and directly hand over this form to the applicant;
If the dossier is incomplete, the recipient officer shall write the instructions in the sheet of guidance on completion of the dossier according to the form DK2 to Circular No. 42/2017/TT-BCA and directly hand it over to the applicant. After the business completes the dossier, the dossier receipt made according to the form DK1a to Circular No. 42/2017/TT-BCA shall be returned to the business;
If the dossier fails to meet the conditions, it shall not be accepted, and the reason must be clearly notified to the applicant or a notice of dossier’s failure to meet the conditions made according to form DK3 to Circular No. 42/2017/TT-BCA shall be sent to the requesting business.
b) In case where the dossiers are received by public postal service:
If the dossier is complete, the dossier receipt made according to the form DK1a to Circular No. 42/2017/TT-BCA shall be sent via the unit's courier or public postal service to the business;
If the dossier is incomplete, the sheet of guidance on completion of the dossier made according to the form DK2 to Circular No. 42/2017/TT-BCA shall be sent via the unit's courier or public postal service to the business. After the business completes the dossier, the dossier receipt made according to the form DK1a to Circular No. 42/2017/TT-BCA shall be sent to the business;
If the dossier fails to meet the conditions, a notice of dossier's failure to meet the conditions made according to the form DK3 to Circular No. 42/2017/TT-BCA shall be sent via the unit's courier or public postal service to business establishments.
c) In case of receiving the dossiers on the National Public Service Portal or the Public Service Portal of the Ministry of Public Security:
If the dossier is complete, the recipient officer shall send the electronic copy of the dossier receipt made according to the form DK1b to Circular No. 42/2017/TT-BCA via the business’ account on the public service portal or e-mail address (if any).
In case the dossier contains documents that has not been digitally signed or is electronic copy that has not yet been certified or recorded as legal, the recipient officer shall provide guidance on the dossier receipt and request the business to send hard copies of the dossier components mentioned above via postal service or return valid electronic copies via the public service portal before notifying the results.
If the dossier is incomplete, the recipient officer shall provide guidance on the sheet of guidance on completion of the dossier made according to the form DK2 to Circular No. 42/2017/TT-BCA and send it via the business’ account on the public service portal or e-mail address (if any). After the business completes the dossier, the dossier receipt made according to the form DK1a to Circular No. 42/2017/TT-BCA shall be sent via the business’ account on the public service portal or e-mail address (if any);
If the dossier fails to meet the conditions, the recipient officer shall send a notice of dossier's failure to meet the conditions made according to the form DK3 to Circular No. 42/2017/TT-BCA via the business’ account on the public service portal or e-mail address (if any).”.
2. To replace the phrase “according to the provisions at Points b, c of this Clause 1” in Clause 2, Article 3 with the phrase “according to the provisions of Clause 1 of this Article.”.
3. To amend Clause 2, Article 5 as follows:
“2. In case of returning results by public postal service
a) If dossiers are submitted via the National Public Service Portal or the Public Service Portal of the Ministry of Public Security:
The recipient officer shall send a notice to the business about the amount of the appraisal charge for the grant of the certificate of eligibility for security and order to be paid and the deadline for payment via the business’ account on the public service portal or e-mail address (if any). In cases where the business chooses to pay the charge through the public service portal, instructions given on the public service portal shall prevail.
After the business pays the appraisal charge, the officer authorized to return the certificates of eligibility for security and order shall send the certificate to the business via public post service (public postal service fee shall be paid by the business).
b) If dossiers are submitted in person or by post service:
The officer authorized to return certificates of eligibility for security and order shall send the certificate of eligibility for security and order and the appraisal charge receipt to the business via public postal service after receiving the appraisal charge for the grant of the certificate of eligibility for security and order from the business (public postal service fee shall be paid by the business).”.
4. To amend Article 11 as follows:
“Article 11. Implementation responsibility
1. The Director of the Police Department for Administrative Management of Social Order shall take responsibility for guiding, examining and urging the implementation of this Circular.
2. Heads of units under the Ministry, Directors of Police of provinces and centrally run cities and relevant agencies, organizations and individuals shall take responsibilities for the implementation of this Circular.
Any difficulties arising in the course of implementation should be reported to the Ministry of Public Security (through the Police Department of Administrative Management of Social Order) for guidance on implementation./.”.
Article 2. Amending and supplementing a number of articles of the Minister of Public Security's Circular No. 45/2017/TT-BCA dated October 20, 2017, prescribing procedures for registration for specimen seals, revocation and destruction of seals, invalidation of seals, inspection of management and use of seals
1. To amend Article 4 as follows:
“Article 4. Receiving and notifying the results of receiving dossiers
1. Upon receipt of dossiers for registration of specimen seals from agencies, organizations, and state titles specified in Articles 13, 14, 15, 16 and 17 of the Government's Decree No. 99/2016/ND-CP dated July 1, 2016, on the management and use of seals (hereinafter abbreviated as Decree No. 99/2016/ND-CP), the recipient officer shall take responsibility for checking information, component and validity of dossiers, as well as taking the following actions:
If the dossier is valid, the recipient officer shall receive the dossier and record sufficient information in the dossier receipt (made according to Form CD1 to this Circular).
If the dossier is incomplete, the recipient officer shall instruct the agency, organization or state title to complete the dossier and fully record the information specified in the sheet of guidance on completion of the dossier (using the Form CD2 to this Circular).
If the dossier fails to meet the conditions prescribed in Article 5 of Decree No. 99/2016/ND-CP, the recipient officer shall not receive the dossier and clearly state the reason for refusing to process the dossier. If requested, a written notice for such refusal shall be provided (using the Form CD3 to this Circular).
2. Notifying the results of receiving dossiers:
In case the dossiers are submitted in person or by public postal service: The recipient officer shall directly deliver the dossier receipt or the sheet of guidance on completion of the dossier or the notice of refusal to process the dossier to the person appointed by an agency, organization or state title to submit dossiers or sent it by public postal service;
In case the dossiers are submitted via the National Public Service Portal or the Public Service Portal of the Ministry of Public Security: The recipient officer shall send the dossier receipt or the sheet of guidance on completion of the dossier or the notice of refusal to process the dossier to the agency, organization or state title via its account on the public service portal or email address (if any).
For dossiers for re-registration of specimen seals; change or re-grant of certificates of specimen seal registration; handover of seals and certificates of specimen seal registration: The recipient officer shall notify agencies, organizations or state titles of delivery of the seals and certificates of specimen seal registration issued previously (in person or by public postal service) to the specimen seal registry for re-registration or revocation in accordance with regulations.
3. Specific cases:
a) In case where a dossier for change or re-grant of a certificate of specimen seal registration is submitted in person or by public postal service, upon receipt of the valid dossier, the officer in charge of processing dossiers shall check the seal and certificate of specimen seal registration and take the following actions:
If the specimen seal has not been deformed yet, remains clear and conforms to the specimen, the officer shall accept the seal and comply with the provisions of Clauses 1 and 2 of this Article and Point b, Clause 1, Clauses 2 and 3, Article 7 of this Circular. After completing the prescribed procedures, the recipient officer shall return the seal to the agency, organization, or state title for use;
If the specimen seal is already deformed, worn out, damaged or altered to the extent of being different from the prescribed one, the recipient officer shall instruct the agency, organization, or state title to apply for re-registration of a specimen seal as specified in Clause 1, Article 15 of Decree No. 99/2016/ND-CP.
b) In case dossiers for change or re-grant of certificates of specimen seal registration are submitted via the National Public Service Portal or the Public Service Portal of the Ministry of Public Security:
After receiving valid dossier and seal and certificate of specimen seal registration transferred by an agency or organization, the officer in charge of processing and receiving the dossier shall follow the provisions of Clause 2 of this Article and check the received item:
If the specimen seal has not been deformed yet, remains clear and conforms to the specimen, the officer shall accept the seal and comply with the provisions of Clauses 1, 2 and 3, Article 7 of this Circular. After completing the prescribed procedures, the officer in charge of processing dossiers shall return the seal to the agency, organization, or state title for continuing to use;
If the specimen seal is already deformed, worn out, damaged or altered to the extent of being different from the prescribed one, the recipient officer shall instruct the agency, organization, or state title to apply for re-registration of a specimen seal as specified in Clause 1, Article 15 of Decree No. 99/2016/ND-CP.
c) For cases where a dossier of registration for a specimen seal brought from overseas into Vietnam for use, the officer shall verify the specimen seal content and take the following actions:
If the specimen seal satisfies the requirements specified in Clause 1, Article 10 of Decree No. 99/2016/ND-CP, the officer shall receive the seal and comply with Clauses 1 and 2 of this Article;
In cases where the specimen seal fails to satisfy the requirements specified in Clause 1, Article 10 of Decree No. 99/2016/ND-CP, the dossier shall be refused and reasons for such refusal must be clearly stated.
d) In case of submitting the dossier for re-registration of the specimen seal of the agency, organization or state title that is lost, before returning the processing result, the provisions of Clauses 1 and 2 of this Article and Clause 1 Article 11 of this Circular shall be complied with.”.
2. To amend Article 9 as follows:
“Article 9. Notifying the result of performing seal-related procedures
The officer in charge of notifying the results of performance of seal-related procedures shall, based on the corresponding method for submission of the previous dossier or at the selection of the agency, organization, or state title, notify the result of procedure performance as follows:
1. Directly notifying the result: Check the dossier receipt; check the citizen identity card or people’s identity card or passport of the person appointed by the agency, organization or state title to receive the result; the letter of introduction or authorization as prescribed by law.
a) For dossiers for registration of new specimen seals, registration of embossed seals, small seals, wax seals, registration of additional seals, re-registration of specimen seals of agencies, organizations or state titles that are lost; registration of specimen seals brought by foreign organizations into Vietnam for use: Return the seal and the certificate of specimen seal registration; request the person receiving the results to sign the delivery and receipt based on the information specified in the new seal delivery receipt book.
b) For dossiers for re-registration of specimen seals that are deformed, worn out, damaged or altered to the extent of being different from the prescribed specimen, or of which the agency, organization or state title as the owner has changed its structure or name, the officer shall revoke the certificate of specimen seal registration; revoke the issued seal under Clause 1, Article 10 of this Article; return the certificate of revocation of the seal; return the new seal; return the certificate of specimen seal registration; request the person receiving results to confirm the delivery and receipt according to required information included the new seal and revoked seal delivery receipt book.
c) For the dossier of request for change of the certificate of specimen seal registration: the officer shall revoke the issued certificate of specimen seal registration and return another certificate of specimen seal registration.
d) For the dossier of request for re-grant of the certificate of specimen seal registration: Return the certificate of specimen seal registration.
2. Returning results by public postal service:
a) For dossiers for registration of specimen seals as specified at Point a, Clause 1 of this Article: The officer in charge of returning results shall give security seals on and hand over the seals, the certificates of specimen seal registration or the note of delivery receipt of postal items to postal service employees of the public postal service provider. Request postal service employees to sign on the note of delivery receipt according to the required information included in the note of delivery receipt of postal items, the new seal delivery receipt book; request the agency, organization or state title to sign to confirm the note of delivery receipt of postal items; and return such note to the officer in charge of returning results for archiving purposes in accordance with regulations.
b) For dossiers of request for registration for specimen seals as specified at Point b, Clause 1 of this Article: The officer in charge of returning results shall revoke the issued seal or the issued certificate of specimen seal registration transferred by the agency, organization or state title; give security seal on and hand over the new seal or the certificate of revocation of the seal, the certificate of new specimen seal registration, or the note of delivery receipt of the postal items to postal service employees of the public postal service provider. Request postal service employees to sign on the note of delivery receipt according to the required information included in the note of delivery receipt of postal items, the new seal delivery receipt book; request the recipient of the agency, organization or state title to sign to confirm the note of delivery receipt of postal items; and return such note to the officer in charge of returning results for archiving purposes in accordance with regulations.
c) For dossiers of request for registration for specimen seals as specified at Point c, Clause 1 of this Article: The officer in charge of returning results shall revoke the issued certificate of specimen seal registration transferred by the agency, organization or state title; give security seal on and hand over the certificate of new specimen seal registration, or the note of delivery receipt of the postal items to postal service employees of the public postal service provider. Request postal service employees to sign on the note of delivery receipt according to the required information included in the note of delivery receipt of postal items; request the recipient of the agency, organization or state title to sign to confirm the note of delivery receipt of postal items; and return such note to the officer in charge of returning results for archiving purposes in accordance with regulations.
d) For dossiers of request for registration for specimen seals as specified at Point d, Clause 1 of this Article: The officer in charge of returning results shall give security seals on and hand over the certificates of specimen seal registration or the note of delivery receipt of postal items to postal service employees of the public postal service provider. Request postal service employees to sign on the note of delivery receipt of postal items; request the recipient of the agency, organization or state title to sign to confirm the note of delivery receipt of postal items; and return such note to the officer in charge of returning results for archiving purposes in accordance with regulations.
dd) The specimen seal registry shall send a notice via the National Public Service Portal or Public Service Portal of the Ministry of Public Security or email (if any) of the handover of the seal, certificate of specimen seal registration to the public postal service provider, and request the agency, organization or state title, after receiving the result, to send its confirmation through the National Public Service Portal or Public Service Portal of the Ministry of Public Security or email (if any) to notify the specimen seal registry.”.
3. To add Point g after Point e, Clause 1, Article 10 as follows:
“g) In case where the agency, organization or state title choose to receive result through public postal service: The officer in charge of returning results shall give security seals on and hand over the certificates of specimen seal revocation or the note of delivery receipt of postal items to postal service employees of the public postal service provider. Request postal service employees to sign to confirm the delivery and receipt on the note of delivery receipt of postal items; request the recipient of the agency, organization or state title to sign to confirm the note of delivery receipt of postal items; and return such note to the officer in charge of returning results for archiving purposes in accordance with regulations.”.
4. To amend Point c, Clause 5, Article 14 as follows:
“c) Expenses for printing forms specified in Clauses 1 and 2 of this Article shall be covered by the Ministry of Public Security’s regular expense source allocated to public security forces of units and localities. On an annual basis, public security forces of units shal localities shall estimate the number of forms to be printed and estimated expenses for printing such forms, and send them to the Planning and Finance Department for summarization and report to leaders of the Ministry of Public Security.”.
5. To amend Article 16 as follows:
Article 16. Implementation responsibility
1. The Director of the Police Department for Administrative Management of Social Order shall take responsibility for guiding, examining and urging the implementation of this Circular.
2. Heads of units under the Ministry, Directors of Police of provinces and centrally run cities and relevant agencies, organizations and individuals shall take responsibilities for the implementation of this Circular.
Any difficulties arising in the course of implementation should be reported to the Ministry of Public Security (through the Police Department of Administrative Management of Social Order) for guidance on implementation./.”.
Article 3. Amending and supplementing a number of articles of the Minister of Public Security's Circular No. 58/2020/TT-BCA dated June 16, 2020, prescribing procedures for grant and revocation of registration certificates and number plates of road motor vehicles (hereinafter referred to as Circular No. 58/2020/TT-BCA)
1. To amend Clauses 4, 5 and 6 of Article 3 as follows:
a) To amend Clause 4, Article 3 as follows:
“4. Traffic police divisions, road and railway traffic police divisions or road traffic police divisions of provincial-level Departments of Public Security (below collectively referred to as traffic police divisions) shall carry out registration and grant number plates for cars, tractors, trailers, semi-trailers and vehicles of similar structure of foreign agencies, organizations and individuals, projects or economic organizations in joint ventures with foreign partners in their localities, agencies, organizations, enterprises, army enterprises, and individuals that are based or residing in districts, towns or provincial cities where traffic police divisions are located (except vehicles of the agencies, organizations and individuals specified in Clause 3, Article 3 of this Circular).”.
b) To amend Clause 5, Article 3 as follows:
“5. Public security divisions of districts, towns or provincial cities (below collectively referred to as district-level public security divisions) shall carry out registration and grant number plates for the following vehicles (except vehicles of the agencies, organizations, enterprises, army enterprises and individuals specified in Clauses 3, 4 and 6, Article 3 of this Circular):
Cars, tractors, trailers, semi-trailers and vehicles of similar structure of agencies, organizations, enterprises, army enterprises, and individuals that are based or residing in their localities.
Motorcycles, motorbikes (including electric motorbikes) and vehicles of similar structure of domestic agencies, organizations, enterprises, army enterprises and individuals that are based or residing in their localities, and foreign agencies, organizations and individuals, projects or economic organizations in joint ventures with foreign partners in their localities.
Conditions, competence and deadlines for completion of decentralization in registration and issuance of number plates of district-level public security divisions shall comply with Clause 6, Article 26 of this Circular.”.
c) To amend Clause 6, Article 3 as follows:
“6. Public security divisions of communes, wards or townships (below
collectively referred to as commune-level public security divisions) shall carry out registration and grant number plates for motorcycles, motorbikes (including electric motorbikes) of domestic agencies, organizations, enterprises, army enterprises and individuals that are based or residing in their localities, and foreign agencies, organizations and individuals, projects or economic organizations in joint ventures with foreign partners in their localities; organize the collection of registration certificates and number plates of vehicles of which the use duration expires, or of vehicles that are irreparably damaged of agencies, organizations and individuals based or residing in localities.
Conditions and competence to carry out registration or issuance of number plates of commune-level public security divisions shall comply with Clause 6, Article 26 of this Circular.”.
2. To amend Article 7 as follows:
“Article 7. Vehicle registration declarations
In case of first-time registration and first-time grant of vehicle number plates; registration of vehicle title transfer; renewal or re-grant of vehicle registration certificates and number plates on the Ministry off Public Security's Public Service Portal or the National Public Service Portal: The vehicle owner shall log in the Public Service Portal and declare in the electronic vehicle registration declaration (using the form No. 01A/58) and receive order number and appointment schedule for processing the dossier via email or phone message to complete the vehicle registration procedures at the vehicle registration agency.
If the vehicle owner directly carries out procedures for registration or grant of number plate for the first time; or renewal or re-grant of the vehicle registration certificate and number plate at the vehicle registration agency: Vehicle owners shall fill in vehicle registration declarations according to Form No. 01 attached to this Circular.”.
3. To add Clause 5, Article 13 as follows:
“5. Order and procedures for grant the temporary vehicle registration certificate and a temporary number plate:
a) Grant of the temporary vehicle registration certificate and a temporary number plate on the National Public Service Portal: The vehicle owner shall log in the public service portal to declare the information of the vehicle and owner in the electronic vehicle registration declaration (using the form No. 01B/58) (specify the number of the electronic customs declaration, certificate of ex - works quality inspection for checking the vehicle origin), and send attached documents (vehicle ownership transfer documents, power of attorney for the declarant to carry out temporary registration procedures); pay temporary vehicle registration fee; receive the temporary vehicle registration authentication results from the vehicle registration agency on the public service portal and print the electronic temporary vehicle registration certificate and license plate (using the form No. 05A/58) for imported vehicles or domestically manufactured and assembled vehicles circulating from warehouses, ports, factories, and vehicle dealerships to the place of registration or to other dealerships and warehouses, vehicles moving to other localities, vehicles re-exported to the country or transferred in Vietnam.
b) Grant of the temporary vehicle registration certificate and a temporary number plate in case the vehicle owner directly makes register at the vehicle registration agency:
The vehicle owner shall submit the papers specified in Article 13 of this Circular (it is not required to bring the vehicle to the agency to conduct inspection).
The officer or soldier who performs the duty of vehicle registration shall complete the dossier and immediately grant the temporary vehicle registration certificate and a temporary number plate.”.
4. To add Clause 3, Article 16 as follows:
“3. Order and procedures for revoking certificates and number plates of vehicles of which the use duration expires or vehicles that are irreparably damaged on the Ministry of Public Security's Public Service Portal or National Public Service Portal: An agency, organization or individual being the vehicle owner or a person currently using the vehicle shall log in the public service portal and declare the information of the vehicle and vehicle owner in the certificate of revocation of vehicle registration certificate or number plate (using the form No. 09A/58); and submit the vehicle registration certificate or numberplate directly or via the public portal service to the vehicle registration agency or commune-level public security division of the place where such agency, organization or individual is based or residing to receive the result and certify the revocation of the vehicle registration or number plate by the vehicle registration agency or commune-level public security division on the public service portal.”.
5. To add Clause 6 after Clause 5, Article 26 as follows:
“6. Directors of provincial-level Public Security Departments shall, based on local physical foundations and information technology infrastructure, make decisions after reaching an agreement with the Traffic Police Departments on:
a) Implementing decentralization in registering motorcycles, motorbikes (including electric motorbikes) and vehicles of similar structure for district-level public security divisions, completing before December 31, 2022.
b) Implementing decentralization in registering cars, tractors, trailers, semi-trailers and vehicles of similar structure for district-level public security divisions, completing before December 31, 2022.
c) Implementing decentralization in registering motorcycles, motorbikes (including electric motorbikes) and vehicles of similar structure for commune-level public security divisions that have been registered for 250 new motorcycles, motorbikes (including electric motorbikes) or more per year in 3 consecutive years of agencies, organizations or individuals with headquarters or permanent residence in the commune-level areas (except districts and centrally run cities; cities under provinces where the Traffic Police Departments are headquartered and communes where district-level public security divisions are headquartered).
d) Revoking certificates and number plates of vehicles of which the use duration expires or vehicles that are irreparably damaged on the Ministry of Public Security's Public Service Portal or National Public Service Portal, completing before December 31, 2022.”.
6. To add Clause 7, Article 26 as follows:
“7. During the centralization in vehicle registration, public security forces of units and localities that have not yet implemented decentralization shall continue carry out the vehicle registration according to the assigned tasks.”.
Article 4. Amending and supplementing a number of articles of the Minister of Public Security's Circular No. 65/2020/TT-BCA dated June 19, 2020, prescribing tasks, powers, forms, contents of and procedures for patrol, management and handling of administrative violations relating to road traffic of traffic police
1. To amend Clause 3, Article 19 as follows:
“3. When controlling through professional technical means and equipment, if information and images of illegal acts of people and vehicles participating in road traffic are detected and collected, persons competent to sanction shall:
a) Organize forces to stop vehicles to control and handle violations in accordance with law provisions. In case the violator requests to see information, images, and results collected about the violation, let him/her see if the information, images, and results are there; If not available, instruct the violator to view information, images, and results when handling violations at the unit's headquarter;
b) In case the violating vehicle cannot be stopped for control and handling of administrative violations, the provisions in Article 19a of this Circular shall be complied with.”.
2. To add Article 19a after Article 19 as follows:
“19a. Procedure for handling results collected by technical and professional means and equipment in case of violation but unable to stop the vehicle to control and handle administrative violations
1. Within 10 working days from the date of discovery of the violation, the person with sanctioning competence of the police agency where the administrative violation is discovered shall:
a) Determine information about vehicles, vehicle owners, organizations and individuals related to administrative violations through the vehicle registration agency and the national population database;
b) In case the vehicle owner, organization or individual involved in the administrative violation does not reside or is not headquartered in the district where the police agency has discovered the administrative violation, if the detected violation falls under the sanctioning competence of the head of commune-level public security division, the results collected by professional technical means and equipment will be transferred to the commune-level public security division where the vehicle owner, organization or individual involved in administrative violations resides or is headquartered (using the form No. 01/65/68) to resolve and handle violations (electronically sending when being equipped with a network connection system);
In case the administrative violation does not fall under the sanctioning competence of the head of the commune-level public security division or falls under the sanctioning competence of the head of the commune-level public security division but the commune-level public security division is not yet equipped with a connection network system, the results collected by professional technical means and equipment shall be transferred to the district-level public security division where the vehicle owner, organization or individual involved in the administrative violation resides or is headquartered (using the form No. 01/65/68) to resolve and handle violations;
c) Send a notice (made according to the form No. 02/65/68) requesting vehicle owner, organization or individual involved in administrative violations to go to the public security division’s headquarter where the administrative violation was discovered or to the commune-level public security division’s headquarter or district-level public security division’s headquarter of the place of residence or headquarter to handle administrative violation cases if the traveling is difficult and there are no conditions to go directly to the public security division’s headquarter where the violation is detected in accordance with Clause 2, Article 15 of the Government's Decree No. 135/2021/ND-CP dated December 31, 2021 of prescribing the list, management and use of technical means and equipment and procedures for collection and use data obtained from means and technical equipment provided by individuals and organizations to detect administrative violations (hereinafter referred to as Decree No. 135/2021 /ND-CP).
2. In case the vehicle owner, organization or individual involved in the administrative violation goes to the police office to solve the violation, the person with administrative sanctioning competence of the police office where the violation is detected, or the head of the commune-level or district-level public security division shall handle the violation in accordance with Points c and d, Clause 1, Article 15 of Decree No. 135/2021/ND-CP.
3. In case where the violation case is handled by the commune-level or district-level public security division, the handling result must be immediately notified to the police office where the violation is detected. At the same time, the status of “the case has already been handled or processed” shall be updated on the website of the Traffic Police Department, and the notice of ending the warning about the vehicle used in the violation shall be sent to the registry agency, the warning status of already sending notice to the registry agency on the administrative violation handling and management system shall be removed (if there has been warning information from the police office where the violation was detected for the case specified in Clause 4 of this Article).
In case the violation is resolved and handled by the police office where the violation is detected, the results of the case must be immediately notified to the commune-level or district-level public security division that has received the results collected by professional technical means and equipment. At the same time, the status of “the case has already been handled or processed” shall be updated on the website of the Traffic Police Department, and the notice of ending the warning about the vehicle used in the violation shall be sent to the registry agency, the warning status of already sending notice to the registry agency on the administrative violation handling and management system shall be removed, for the case specified in Clause 4 of this Article.
4. Past the time limit of 20 days from the date on which the violation notice is sent, if the vehicle owner, organization or individual involved in the administrative violation fails to go to the headquarter of the police office where the violation is detected to solve the case, or if the police office where the violation is detect has not yet received the handling results from the commune-level or district-level public security division that had received the results collected by professional technical means and equipment, the person with administrative sanctioning competence of the police office where the violation is detected shall:
a) Update information of the vehicle used in the violation (vehicle type; number plate, color of the number plate; time and place of violation, act of violation; unit detecting the violation; unit handling the violation and its contact number) on the website of the Traffic Police Department for the vehicle owner, organization or individual involved in the administrative violation to know and contact for handling according to regulations;
b) Send a notice warning the vehicle used in violation to the registry agency (for the vehicles used in violations that are cars, tractors, trailers, semi-trailers and special-use motorbikes); at the same time, update the status of “already sent warning notice to the registry agency on the administrative violation handling and management system.
5. The transfer of results collected by professional technical means and equipment; notification of the handling results shall be carried out electronically.”.
3. To add Point c, Clause 3, Article 20 as follows:
“c) For public security forces of units and localities that have been equipped with the system of managing and handling administrative violations in terms of traffic order and safety, the updating of data and printing of decisions on sanctioning administrative violations must be carried out via the system.”.
4. To add Clause 4, Article 20 as follows:
“4. In case violators pay fines for administrative violations via the National Public Service Portal or the Public Service Portal of the Ministry of Public Security:
a) The person with sanctioning competence shall send the sanctioning information to the Public Service Portal; the public service portal shall automatically notify the violator to look up the information about the decision on sanctioning administrative violations by the violator’s phone number as registered with the police office at the time of making written record of administrative violations;
b) The violator shall log in the public service portal by using the number of the decision on sanctioning administrative violations that has been notified, or the number of the written record of administrative violations to look up the information about the decision on sanctioning administrative violations; pay fines for administrative violations, and register to receive temporarily seized papers through the public postal service;
c) The person with sanctioning competence shall look up the electronic payment receipt of fines for administrative violations that has been sent by the public service portal to print and achieve the dossier of sanctioning administrative violations, which shall be used as a basis for returning the temporarily seized papers;
d) The person with administrative violation sanctioning competence shall return the temporarily seized papers, or papers of which the deprived duration expires to the violator via the public postal service.”.
5. To amend Clause 2, Article 23 as follows:
“2. Upon receiving documents from traffic police, the commune-level public security division shall coordinate in implementation in accordance with Point a, Clause 5, Article 24 of this Circular.”.
6. To amend Point a, Clause 5, Article 24 as follow:
“a) The person with sanctioning competence, based on requirements for specific case, shall:
Verify the information about the vehicle and vehicle owner; send a notice to the vehicle owner and invite the vehicle owner or driver to the police office that has sent the violation notice for clarification (using the form No. 03/65/68). At the same time, send a notice to the commune-level public security division where the vehicle owner is residing or located; the commune-level public security division shall, upon receiving such notice, transfer it to the vehicle owner and request him/her to follow the notice and send report to the police office that has sent the notice (made according to the form No. 04/65/68);
Take verification measures specified in Clause 3, Article 21 of Decree No. 135/2021/ND-CP.”.
7. To amend Point b, Clause 1, Article 25 as follows:
“b) Receive the results collected by technical means and equipment specified in Article 22 of Decree No. 135/2021/ND-CP for use as a basis to determine acts of administrative violation and handling violations in accordance with law provisions. After receiving results:
In case the vehicle used in the violation is circulating on the route or locality within the competence, the head of competent traffic police unit shall organize forces to stop the vehicle, control and handle violations in accordance with law provisions;
If the vehicle used in the violation is circulating on another route or locality, the head of competent traffic police unit shall comply with Article 19a of this Circular.”.
8. To repeal the phrase “National Public Service Portal” at Point b, Clause 3, Article 20, and repeal Points b, c and dd, Clause 2, Article 4 of this Circular.
Article 5. Amending and supplementing a number of articles of the Minister of Public Security's Circular No. 68/2020/TT-BCA dated June 19, 2020, prescribing procedures for patrol, management and handling of administrative violations of water police
1. To amend Clause 1, Article 3 as follows:
“1. On each inland waterway navigation route, seaport water or maritime channel outside the seaport waters where inland waterway vessels are allowed to operate, one or more patrol and control teams shall be arranged in each locality. Each team consists of a team leader and team members. The number of officers in each patrol and control group shall be decided by the captain, the station chief of the waterway police station, the team commander of the waterway police team or the head of the traffic police team of the public security division of district, town or provincial city (captain, station chief or team commander) but the following requirements must be satisfied:
a) Mobile patrol and control by ship includes: The team leader and at least 02 team members must ensure enough crew members according to regulations of the Ministry of Public Security;
b) Mobile patrol and control by motorboat, by other watercraft, by road motor vehicle or on foot including: Team leader and at least 2 team members; in which the driver of patrol and control vessels must have a certificate of professional ability, professional certificate, and driver's license according to regulations;
c) Control at a station or a point on the route, including: Team leader and at least 02 team members;
d) In cases where one or more inland waterways, seaport waters and navigational channels outside the seaport waters where inland waterway vehicles are allowed to operate are in the area managed by the fleet, waterway police team, or the waterway traffic police or waterway police station (squad, team, station), at the same time, arrange many patrol and control groups to perform patrol and control tasks, then the captain, station chief or team commander shall decide on the number of patrol and control groups and be responsible for directly commanding or assigning deputies to directly command each route."”
2. To amend Article 11 as follows:
“Article 11. Handling of violations while patrolling and controlling
1. Sanctioning of administrative violations without written records:
When detecting violations that are subject to sanctions according to procedures without written records, the person with sanctioning competence must issue a decision to sanction administrative violations on the spot. In case the violator fails to immediately implement the sanctioning decision, he/she may temporarily seize relevant papers in the order specified in Clause 2 of this Article to ensure compliance with the sanctioning decision.
2. Sanctioning of administrative violations with written records:
When making a record of an administrative violation in case only a fine is imposed, the officer making the record may temporarily seize one of the following types of papers in the following order: Certificate of professional qualifications for captain, vessel driving certificate, vessel registration certificate or credit institution's valid certification in case of mortgaged vessel, technical safety certificate technical and environmental protection of the vessel, chief engineer's professional competency certificate or other papers related to material evidence and vessel in accordance with the law to ensure compliance with the decision on sanctioning administrative violations. If the violator does not have the above-mentioned papers, the vessels used in administrative violations may be temporarily seized to assure the execution of sanctioning decisions (except for the case where the individual or institutional violator has clear addresses and warehousing conditions for preservation of the vessel or deposit a bail may keep such vessel under the management by the competent state agency).
In case the individual violator or the representative of the institutional violator is absent from the location of the violation or intentionally shirks to sign or puts the fingerprint on the written record, or is not absent but refuses to sign or put the fingerprint on the written record, the officer making the written record must clearly state the reason in the record. The head of the patrol and control group shall invite a representative of the commune-level government where the violation occurred or at least one witness to sign to confirm that the violating individual or organization did not sign the record and must report to the head of his/her unit in writing as a basis for the competent person to decide on sanctions or use professional technical means and equipment to record video as a basis for handling. It is not allowed to erase or modify the contents recorded in the administrative violation record.
3. When controlling through professional technical means and equipment to detect administrative violations, if detecting and collecting images of people and vessels participating in waterway traffic violating the law on inland waterways, seaport waters and navigational channels outside seaport waters where inland waterway vessels are allowed to operate, the person competent to handle the case shall:
a) Organize a force to stop violating vessels for control and handling in accordance with law. In case the violator requests to see the images and results collected about the violation, let him/her see if there are images and results recorded; if the images and results are unavailable, instruct the violator to view the recorded images and results when coming to handle the violation at the unit's headquarter;
b) In case the violating vessel cannot be stopped to control and handle the violation, the provisions in Article 11a of this Circular shall be followed.”.
3. To add Article 11a after Article 11 as follows:
“Article 11a. Procedures for handling results collected by professional technical means and equipment in case of violations but the vessels cannot be stopped immediately to control and handle violations
1. Within 10 working days from the date of discovery of the violation, the person with sanctioning competence of the police agency where the administrative violation is discovered shall:
a) Determine information about vessels, vessel owners, organizations and individuals related to administrative violations through the vessel registration agency and the national population database;
b) In case the vehicle owner, organization or individual involved in the administrative violation does not reside or is not headquartered in the district where the police agency has discovered the administrative violation, if the detected violation falls under the sanctioning competence of the head of commune-level public security division, the results collected by professional technical means and equipment will be transferred to the commune-level public security division where the vehicle owner, organization or individual involved in administrative violations resides or is headquartered (using the form No. 01/65/68) to resolve and handle violations (electronically sending when being equipped with a network connection system);
In case the administrative violation does not fall under the sanctioning competence of the head of the commune-level public security division or falls under the sanctioning competence of the head of the commune-level public security division but the commune-level public security division is not yet equipped with a connection network system, the results collected by professional technical means and equipment shall be transferred to the district-level public security division where the vehicle owner, organization or individual involved in the administrative violation resides or is headquartered (using the form No. 01/65/68) to resolve and handle violations;
c) Send a notice (made according to the form No. 02/65/68) requesting vehicle owner, organization or individual involved in administrative violations to go to the police office where the administrative violation was discovered or to the commune-level public security division’s headquarter or district-level public security division’s headquarter of the place of residence or headquarter to handle administrative violation cases if the traveling is difficult and there are no conditions to go directly to the police office where the violation is detected in accordance with Clause 2, Article 15 of the Government's Decree No. 135/2021/ND-CP dated December 31, 2021, prescribing the list, management and use of professional technical means and equipment and procedures for collection and use data obtained from professional technical means and equipment provided by individuals and organizations to detect administrative violations (hereinafter referred to as Decree No. 135/2021 /ND-CP).
2. In case the vehicle owner, organization or individual involved in the administrative violation goes to the police office to solve the violation, the person with administrative sanctioning competence of the police office where the violation is detected, or the head of the commune-level or district-level public security division shall handle the violation in accordance with Points c and d, Clause 1, Article 15 of Decree No. 135/2021/ND-CP.
3. In case where the violation case is handled by the commune-level or district-level public security division, the handling result must be immediately notified to the police office where the violation is detected. At the same time, the status of “the case has already been handled or processed” shall be updated on the website of the Traffic Police Department, and the notice of the vehicle used in the violation shall be sent to the registry agency, the warning status of already sending notice to the registry agency on the administrative violation handling and management system shall be removed (if there has been warning information from the police office where the violation was detected for the case specified in Clause 4 of this Article).
In case the violation is resolved and handled by the police office where the violation is detected, the results of the case must be immediately notified to the commune-level or district-level public security division that has received the results collected by professional technical means and equipment. At the same time, the status of “the case has already been handled or processed” shall be updated on the website of the Traffic Police Department, and the notice of the violating vessel shall be sent to the registry agency, the warning status of already sending notice to the registry agency on the administrative violation handling and management system shall be removed, for the case specified in Clause 4 of this Article.
4. Past the time limit of 20 days from the date on which the violation notice is sent, if the vessel owner, organization or individual involved in the administrative violation fails to go to the headquarter of the police office where the violation is detected to solve the case, or if the police office where the violation is detect has not yet received the handling results from the commune-level or district-level public security division that had received the results collected by professional technical means and equipment, the person with administrative sanctioning competence of the police office where the violation is detected shall:
a) Update information of the vessel used in the violation (vessel type; number plate, color of the number plate; time and place of violation, act of violation; unit detecting the violation; unit handling the violation and its contact number) on the website of the Traffic Police Department for the vessel owner, organization or individual involved in the administrative violation to know and contact for handling according to regulations;
b) Send a notice of the violating vessel to the registry agency (for the vessels subject to registry); at the same time, update the warning status of already sending notice to the registry agency on the administrative violation handling and management system.
5. The transfer of results collected by professional technical means and equipment; notification of the handling results shall be carried out electronically.”.
4. To amend Clauses 3 and 4 Article 15 as follows:
“3. Reviewing the case of administrative violation:
a) For units and localities that have been equipped with an administrative violation handling and management system, the officers shall access the system to enter data; review and compare case files of administrative violations with legal regulations and report and propose handling according to regulations;
b) For cases that do not fall under the sanctioning competence of the head of the unit, the officers shall report and propose the unit head to transfer the files to the competent authority for handling in accordance with law provisions;
c) For cases with signs of crime, the officers shall report and propose the head of the unit to transfer the files to the competent criminal proceedings agency for handling in accordance with law provisions.
4. For units and localities that have been equipped with an administrative violation handling and management system, the officers shall access the system to enter data and print the decisions on sanctioning administrative violations, and submit them to the competent authorities; achieve the files in accordance with law provisions.”.
5. To repeal the phrase “online public service portal (if any)” specified in Clause 6, Article 15.
6. To add Clause 6a after Clause 6, Article 15 as follows:
“6a. In case individual or institutional violators (hereinafter referred to as violators) pay fines for administrative violations via the National Public Service Portal or the Public Service Portal of the Ministry of Public Security:
a) The person with sanctioning competence shall send the sanctioning information to the Public Service Portal; the public service portal shall automatically notify the violator to look up the information about the decision on sanctioning administrative violations by the violator’s phone number as registered with the police office at the time of making written record of administrative violations;
b) The violator shall log in the public service portal by using the number of the decision on sanctioning administrative violations that has been notified, or the number of the written record of administrative violations to look up the information about the decision on sanctioning administrative violations; pay fines for administrative violations, and register to receive temporarily seized papers through the public postal service;
c) The person with sanctioning competence shall look up the electronic payment receipt of fines for administrative violations that has been sent by the public service portal to print and achieve the dossier of sanctioning administrative violations, which shall be used as a basis for returning the temporarily seized material evidences, means, licenses, practice certificates, and bail money;
d) The person with competence to sanction administrative violations shall return the temporarily seized licenses and practice certificates or those whose deprived duration expires to violators through public postal services; return seized material evidences, means, and bail money (if any) in accordance with law provisions.”.
7. To add Article 15a after Article 15 as follows:
“Article 15a. Receiving and verifying information and images reflecting violations of waterway traffic order and safety provided by organizations and individuals or posted on mass media and social networks
1. Information and images reflecting violations of waterway traffic order and safety (hereinafter referred to as information and images) shall be received from the following sources:
a) Records obtained by technical equipment and means of organizations and individuals;
b) Posting on mass media and social networks.
2. Information and images used as a basis for verifying and detecting administrative violations must objectively and clearly reflect the time, place, subjects, and violations specified in the Government's Decree on sanctioning administrative violations in fields related to waterway traffic activities during the statute of limitations for sanctioning administrative violations in accordance with the law on handling of administrative violations.
3. Organizations and individuals who record information and images can provide them to the traffic police unit where the incident occurred via email or directly to the unit's headquarter to provide them. Organizations and individuals must have full names, clear addresses, contact phone numbers (if any) and shall take responsibility before the law for the authenticity of the information and images provided.
4. Receiving and processing information and images
The departments of guidance for patrolling, controlling and fighting crime on waterways; crews; water police departments; traffic police departments; water police teams; waterway police stations; fleets; traffic and order police teams of district-level public security divisions; commune-level public security divisions shall be responsible for:
a) Announcing the location and email box to receive information and images so that people can provide them;
Organizing 24-hour duty to receive information and images; ensuring the confidentiality of full names, addresses, contact phone numbers, autographs and other information of organizations and individuals that have provided information, images;
b) Processing information and images
When receiving information and images, the recipient officer must review, classify, and if the conditions specified in Clauses 2 and 3 of this Article are met, record them in the book (according to form No. 05/68) and report to the head of the competent unit to:
In case information and images reflect violations of waterway traffic order and safety taking place on the route or area in charge, organize a force to stop the vessel to control, detect violations and handle them according to regulations. In case the vessel cannot be stopped for control or the reported violation has ended, conduct the verification and take handling measures in accordance with Article 11a of this Circular;
In case it is not within the route or area under the unit’s management, notify the competent waterway police unit to carry out verification and take handling measures in accordance with law provisions.
5. Verification and collection of documents and details to determine administrative violations and handling of administrative violations shall comply with Article 21 of Decree No. 135/2021/ND-CP and the following regulations:
a) The person with sanctioning competence, based on requirements for specific case, shall:
Verify the information about the violating vessel and vessel owner; send a notice to the vessel owner and invite the vessel owner or driver to the police office that has sent the violation notice for clarification (using the form No. 03/65/68).
Send a notice to the commune-level public security division where the vessel owner is residing or located; the commune-level public security division shall, upon receiving such notice, transfer it to the vessel owner and request him/her to follow the notice and send report to the police office that has sent the notice (made according to the form No. 04/65/68);
b) When working with vessel owners, vessel drivers, related individuals and organizations, a record must be made; documents and details received and collected to determine administrative violations of traffic order and safety on waterways must be kept in the case files of administrative sanctions in accordance with the law and the Ministry of Public Security's regulations;
c) Based on the verification results, documents and details collected, the person with sanctioning competence shall:
In case the information and images reflect correctly and determine that there is an administrative violation, handle the administrative violation or transfer the case file to the competent authority (for cases beyond the competence) to handle in accordance with the law on handling of administrative violations;
In case information or images show signs of falsification, transfer all the files to the competent agency for handling in accordance with law provisions;
In case the information and images provided by the organization or individual are verified and determined to have no violations or there is not enough basis to determine violations, the case file will be closed and saved according to regulations.”.
8. To add Article 15b after Article 15a as follows:
“Article 15b. Receiving results obtained from technical equipment and means provided by organizations assigned to manage, exploit and maintain inland waterway transport infrastructure, seaport waters and maritime channels outside seaport waters where inland waterway vessels are allowed to operate (hereinafter referred to as waterways)
1. The waterway police unit assigned the task of patrolling, controlling according to routes and areas of responsibility, shall be responsible for coordinating with organizations assigned to manage, exploit and maintain waterway transport infrastructure to:
a) Coordinate in exploiting and using traffic management and operation data of organizations assigned to manage, operate and maintain waterway transport infrastructure in service of ensuring traffic order and safety, and fighting against criminals operating on traffic routes in accordance with law provisions;
b) Receiving the results collected by technical means and equipment specified in Article 22 of Decree No. 135/2021/ND-CP for use as a basis to determine acts of administrative violation and handling violations in accordance with law provisions. After receiving results:
In case the vessel used for committing the violation is circulating on the route or locality within the competence, the head of the competent patrol and traffic control unit shall organize forces to stop the vessel, control and handle violations in accordance with law provisions;
In case the violating vessel has moved to another route or area, the head of the competent patrol and control unit shall verify information about the violating vessel and vessel owner, and send a violation notice and handle violations in accordance with Article 11a of this Circular.
2. When receiving results from technical equipment and means provided by the organization assigned to manage, exploit and maintain waterway transport infrastructure, the recipient officer must sign a delivery note and save it in the dossier of sanctioning administrative violations.”.
9. To amend Clause 1, Article 22 as follows:
“1. For traffic accidents or other accidents occurring on inland waterways or accidents related to inland waterway vessels operating in seaport waters or navigational channels outside seaport waters, the following shall be carried out:
a) Organizing rescue of victims, and mobilizing forces and means to rescue goods and vessels in distress;
b) Organizing traffic regulation. In case the accident seriously hinders traffic activities or causes incidents or harms the environment, the state management agency in that field must be immediately notified for timely handling;
c) Organizing the protection of the accident scene: localizing the scene, protecting people, property, and related goods; detecting and recording traces and evidence at the scene and on vessels involved in the accident; keeping the location, condition of the vessel, and traces of evidence under allowable conditions, paying attention to detecting and recording any changes that occur; temporarily seizing the vessel, vessel’s papers, vessel driver, documents and material evidences related to the accident; grasping the situation of the incident, people who know the incident, and people involved in the accident; searching the person who caused the accident and escaped; obtaining other information related to the accident;
d) Reporting the situation to superiors; exchanging the contents of cases and matters; handing over the documents to the functional unit to resolve the accident, and continuing to protect the scene until the accident scene investigation is completed.”.
Article 6. Amending and supplementing the Minister of Industry and Trade's Circular No. 73/2021/TT-BCA dated June 29, 2021, prescribing sample passports, international travel documents and other relevant forms
To add Point c after Point b, Clause 2, Article 4 as follows:
“c) Notice of processing the lost passport report (Form VB03/73).”.
Article 7. Forms
To promulgate together with this Circular the following forms:
1. Parcel delivery slip (Form CD13/45).
2. Vehicle registration declaration (Form No. 01A/58).
3. Temporary vehicle registration declaration (Form No. 01B/58).
4. Motorbike registration certificate (Form No. 02/58), replacing Form No. 02 attached to Circular No. 58/2020/TT-BCA.
5. Car registration certificate (Form No. 03/58), replacing Form No. 03 attached to Circular No. 58/2020/TT-BCA.
6. Certificate of registration of trailer or semi-trailer (Form No. 04/58), replacing Form No. 04 attached to Circular No. 58/2020/TT-BCA.
7. Temporary vehicle registration certificate printed on the public service portal (Form No. 05A/58).
8. Tractor registration certificate (Form No. 06/58), replacing Form No. 06 attached to Circular No. 58/2020/TT-BCA.
9. Vehicle registration or number plate revocation certificate (Form No. 09/58), replacing Form No. 09 attached to Circular No. 58/2020/TT-BCA.
10. Vehicle registration or number plate revocation certificate printed on the public service portal (Form No. 09A/58).
11. Transfer report of results collected by professional technical means and equipment on administrative violations of traffic order and safety (Form No. 01/65/68).
12. Notice of administrative violation relating to traffic order and safety (Form No. 02/65/68).
13. Notice of information and images reflecting administrative violations of traffic order and safety (Form No. 03/65/68).
14. Notice (Form No. 04/65/68).
15. Book of receiving information and images reflecting administrative violations of waterway traffic order and safety (Form No. 05/68).
Article 8. Effect
This Circular takes effect from May 21, 2022.
Article 9. Implementation responsibility
1. The Director of the Police Department for Administrative Management of Social Order, the Director of the Traffic Police Department, and the Director of the Immigration Department shall, within the assigned functions, tasks, and powers, taking responsibility for inspecting and guiding the implementation of this Circular.
2. Heads of units directly under the Ministry of Public Security, Directors of Police Departments of provinces and centrally-run cities and relevant agencies, organizations and individuals shall be responsible for the implementation of this Circular.
3. During the implementation of this Circular, if there are any difficulties or problems, the police units and localities shall, based on the content related to the areas of administrative management of social order, traffic safety and order, immigration management, report them to the Ministry of Public Security (through the Police Department for Administrative Management of Social Order, the Traffic Police Department or the Immigration Management Department) for timely guidance./.
| THE MINISTER General To Lam |
* All Appendices are not translated herein.