Can traffic police send penalty decisions to the agency?

Article 70 of the Law on Handling of Administrative Violations states that within 02 working days from the date of issuing a decision on administrative sanctions with a record, the competent person who issued the sanction decision must send it to the sanctioned individual or organization, the fine collection agency and other relevant agencies (if any) for enforcement.

In addition, in Directive 10/CT-TTg dated April 19, 2023, the Prime Minister also emphasized: All cadres and party members who violate traffic regulations must be notified to their agencies and units for strict handling according to the regulations of the Party, each industry, agency and unit.

In the process of handling traffic violations, the law must be absolutely respected, "no forbidden zones, no exceptions", all traffic violations must be strictly handled according to the provisions of the law.

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

Officials and party members are strictly prohibited from interfering with or influencing the handling of traffic violations by authorities; and authorities are strictly prohibited from "appeasing" or ignoring the seriousness of handling violations in any form.

Resolutely prosecute, investigate, and strictly handle traffic accidents with signs of crime and subjects resisting law enforcement officers in accordance with the law.

Thus, if a cadre or party member violates traffic laws, the traffic police can send the penalty decision to the agency for handling according to the regulations of the Party, each industry, agency, and unit. For individuals who are not cadres, party members, or civil servants, the traffic police usually do not send the penalty decision to the violator's workplace.

Pursuant to Article 70 of the Law on Handling of Administrative Violations, decisions on administrative sanctions are delivered directly or sent by post by registered mail and notified to the sanctioned individuals and organizations.

However, in case the decision is delivered directly but the violating individual or organization intentionally does not receive the decision, the competent person shall draw up a record of the non-receipt of the decision with confirmation from the local authority and it shall be considered that the decision has been delivered.

In case of sending by post by registered mail, if after 10 days from the date of the penalty decision, one of the following cases occurs, the decision is considered to have been delivered:

- Sent by post for the third time but returned because the violating individual or organization intentionally did not receive it;

- Posted at the residence of the individual or headquarters of the sanctioned organization;

- There is reason to believe that the violator is avoiding receiving the penalty decision.

BAO HUNG

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