Consolidated Document number 10/VBHN-BCA stipulates the rescue work of fire prevention and firefighting forces.

CIRCULAR

REGULATIONS ON THE PROCEDURE FOR INVESTIGATING AND SETTLING WATERWAY TRAFFIC ACCIDENTS IN INTERNAL WATERS BY TRAFFIC POLICE FORCES

Circular No. 64/2020/TT-BCA dated June 19, 2020, issued by the Minister of Public Security, stipulating the procedure for investigating and settling waterway traffic accidents in internal waters by Traffic Police Forces, shall take effect from January 1, 2021, amended and supplemented by:

Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security, amending and supplementing certain articles of circulars on traffic order and safety on land roads, railways, and internal waterways, shall take effect from March 1, 2025.

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004 (Amended and supplemented by the Law on Amending and Supplementing Certain Provisions of the Law on Inland Waterway Traffic dated June 17, 2014);

Pursuant to the Penal Code dated November 27, 2015 (Amended and supplemented by the Law on Amending and Supplementing Certain Provisions of the Penal Code dated June 20, 2017);

Pursuant to the Criminal Procedure Code dated November 27, 2015;

Pursuant to the Law on the Organization of Criminal Investigation Agencies dated November 26, 2015;

Pursuant to the Law on People's Police dated November 20, 2018;

Pursuant to the Law on Expropriation of Property dated June 3, 2008;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Traffic Police Corps;

The Minister of Public Security promulgates this Circular stipulating the procedure for investigating and settling waterway traffic accidents in internal waters by Traffic Police Forces.^[1]

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the procedure for investigating and settling waterway traffic accidents in internal waters (hereinafter referred to as traffic accidents) by Traffic^[2] Police Forces.

Article 2. Applicability

1. Local public security units.

2. Officers and non-commissioned officers of Traffic Police Forces performing tasks of investigating and settling traffic accidents; patrolling, inspecting, and handling administrative violations related to waterway traffic in internal waters (hereinafter collectively referred to as Traffic Police Officers).

3. Officers and non-commissioned officers of the People's Public Security Force related to the matter.

4. Agencies, organizations, and individuals related to the activities of investigating and settling traffic accidents.

Article 3. Principles of Investigating and Settling Traffic Accidents

1. All traffic accidents that occur must be investigated and settled promptly, timely, accurately, objectively, and comprehensively; agencies and units receiving and processing reports about traffic accidents must urgently dispatch officers to the scene to settle according to this Circular and other relevant laws.

2. Traffic Police Forces must closely cooperate with other forces within the People's Public Security when investigating and settling traffic accidents to ensure concentration and unity under the direction of the heads of public security at all levels. Subordinate agencies, units, and individuals must follow the guidance and instructions of their superiors regarding the investigation and settlement of traffic accidents; individuals are responsible before the head of the unit and the law for their actions and decisions.

3. It is not allowed to abuse the work of investigating and settling traffic accidents to infringe upon the interests of the State, the rights, and legitimate interests of organizations and individuals.

Article 4. Qualifications of Traffic Police Officers Performing Tasks of Investigating and Settling Traffic Accidents

1. Hold a bachelor's degree in Security, a bachelor's degree in Police, or a bachelor's degree in law or higher. In cases where they have graduated from universities outside the Public Security sector and have completed Security and Police training as prescribed.

2. Have worked in the Traffic Police Forces for six months or more.

3. Have been trained and further educated in the investigation and settlement of traffic accidents.

Chapter II. SPECIFIC PROVISIONS

Section 1. ORGANIZATION OF RECEIVING AND HANDLING REPORTS AND INITIAL RESOLUTION

Article 5. Organization of receiving reports

1. Traffic Police units shall be responsible for receiving reports:

a)^[3] (Repealed)

b)^[4] Traffic Police Department;

c) Highway Traffic Police Corps.

2. The above agencies and units must organize duty shifts to fully receive all reports on inland waterway traffic accidents. The location for receiving accident reports must be placed in a convenient place, with signs indicating the name of the agency, phone number, and staff on duty 24/24 hours and widely publicized so that everyone is aware.

3. Receiving reports at the unit's headquarters

Staff receiving reports on traffic accidents must ask clearly and record in the Accident Logbook (hereinafter referred to collectively as traffic accidents). according to form number 01/TNĐT issued under this Circular, the following information:

a) Name, address, phone number of the person reporting the incident (if available);

b) Time of receiving the report, location where the traffic accident occurred, clearly stated on rivers, canals, creeks, lakes, bays, harbors within the administrative boundaries of villages (hamlets, wards), communes (townships, towns, districts), counties (districts, provincial cities, provincial capital cities), provinces (central cities directly under the central government);

c) Initial losses involving people (number of deaths, missing persons, injured), inland waterway vessels (hereinafter referred to as vessels), property, goods damaged or sunk;

d) Information and losses regarding vessels (clearly stating quantity, type, vessel, name, license plate, characteristics) transportation infrastructure on inland waterways and other properties (if any);

đ) Name, address, phone number of related persons or those who know about the occurrence of the traffic accident (if any);

e) Other information about the traffic accident (if any);

g) After receiving a report on a traffic accident, officers and soldiers must immediately report to the direct commanding leader of the unit to direct the handling according to regulations. investigation4. Traffic Police officers receiving reports while on patrol, inspection, and violation handling duties along routes and areas:

a) If they directly discover a traffic accident, they must report to their unit leaders to handle it according to their authority; if it is not within their authority, they must inform the competent agency or unit to handle it and take responsibility for cooperation as required;

b) Upon receiving a report of a traffic accident, they must promptly go to the scene to verify and act according to the provisions of Clause a of this Article;

c) The discovery or receipt of a report of a traffic accident must be recorded in the Patrol and Inspection Logbook for Inland Waterways according to the content specified in Clause 3 of this Article (if applicable).

Other agencies and units in the People's Public Security receiving reports of traffic accidents have the responsibility to report the information to the agency or unit specified in Clause 1 of this Article to receive reports on inland waterway traffic accidents.

5.^[5] All traffic accidents must be reported to the Traffic Police Department and the Public Security Office of the commune where the accident occurred to handle it according to their authority or cooperate when requested.

Handling Reports

Article 6. 1. Direct commanding leaders of the Highway Traffic Police Corps and Flotilla upon receiving a report of a traffic accident must notify the duty shift of the Traffic Police Department

performing patrol, inspection, and violation handling duties near the location of the traffic accident to send staff to the scene to verify whether a traffic accident has occurred or not; if a traffic accident has occurred, then depending on the nature and severity of the traffic accident, they must direct and arrange forces to participate, coordinate rescue operations, minimize losses caused by the traffic accident; protect the scene, regulate traffic flow to avoid congestion, and simultaneously use warning lights, signal lights, and hazard markers for other vessels passing through the accident site.^[6] 2. Direct commanding leaders of the Traffic Police Department of the provincial-level Public Security upon receiving a report of a traffic accident must act as follows:

a) If the report of a traffic accident occurs on the assigned inland waterway route for patrol, inspection, and violation handling, they must act according to Clause 1 of this Article

If the report of a traffic accident does not occur on the assigned inland waterway route for patrol, inspection, and violation handling, they must notify the duty shift of the Traffic Police Department where the accident occurred to handle the report and cooperate when requested.^[7];

b)^[8] In cases where the traffic accident involves complex circumstances resulting in three or more deaths or missing persons; causing prolonged traffic congestion across routes, areas, and provinces; causing disasters or requiring coordination for rescue operations, traffic regulation, and congestion relief involving public security forces from multiple central cities and provinces, they must immediately report to the Provincial Public Security Director (through the Planning Department or the Traffic Police Department) and simultaneously report to the Ministry of Public Security (through the Highway Traffic Police Corps) to direct resolution.

3.^[9] (Repealed)

4.^[10] 5. In cases where the driver of the vehicle flees after a traffic accident, the Traffic Police officer receiving the report must report to the unit leader to strengthen Traffic Police officers from units on the assigned patrol, inspection, and violation handling routes to participate in coordination

to regulate traffic and track down the fleeing person and vehicle.^[11] The Traffic Police Department, upon receiving a report of a traffic accident as stipulated in Clause 4 of this Article or a traffic accident involving foreigners; involving People's Public Security officers and soldiers, must report the incident according to Circular No. 66/2022/TT-BCA dated December 30, 2022, issued by the Minister of Public Security, concerning the reporting system in the People's Public Security.

6.^[12] In cases where Traffic Police officers arrive at the location of a traffic accident but the parties involved have already left the scene (no longer present), they must prepare a Record of the Incident according to Form Number 02/TNĐT issued together with this Circular.

7.^[13] In the case where traffic police officers arrive at the scene of a traffic accident but the parties involved have already left the scene (no longer present), they must prepare a Record of the Incident according to Model No. 02/TNĐT issued together with this Circular.

Article 7. Initial handling of traffic accidents by traffic police officers performing patrol, supervision, and violation handling tasks who discover such accidents or by traffic police officers assigned to the accident scene by authorized leaders.

Traffic police officers performing patrol, supervision, and violation handling tasks who discover such accidents or traffic police officers assigned to the accident scene by authorized leaders shall carry out the following tasks:

1. Rescue and salvage operations:

a) Observe the accident scene to identify dangers such as fire, explosion, toxic substances, sinking or drowning risks of vehicles, threats to human lives still on board the vehicle or causing environmental pollution, and report to unit leaders for coordination with other forces within the People's Public Security to organize rescue and salvage operations and minimize losses according to Article 14 of Circular No. 62/2020/TT-BCA dated June 19, 2020 issued by the Minister of Public Security on the allocation of responsibilities and coordination relationships in traffic accident investigation and resolution work. 14 Circular No. 62/2020/TT-BCA dated June 19, 2020, of the Minister of Public Security on the allocation of responsibilities and coordination relations in the work of investigating and resolving traffic accidents by public security forces for organizing rescue and relief operations, minimizing losses; rescuing victims; if the victim has died, they must be placed in an appropriate position and covered; it may be necessary to mobilize equipment and civilians with experience in retrieving and providing emergency care to victims. The mobilization of people and equipment shall be carried out in accordance with Clause 6 of this Article;

b) Retrieve and provide first aid to victims; check the number of deceased, missing, and injured persons, and promptly notify the nearest medical facility to organize first aid for the victims; if the victim has died, place them in an appropriate position and cover them; mobilize experienced local residents and equipment for retrieval and first aid of victims. Mobilization of people and equipment follows Clause 6 of this Article. d) Searching for missing persons (if any);

c) Salvage vehicles and property, minimizing losses.

e) In cases where the victim refuses to go for medical treatment, traffic police officers must prepare a record noting this fact, with confirmation from healthcare personnel (if available) and witnesses;

d) Search for missing persons (if any).

h) In cases where vehicles involved in the traffic accident are damaged and unable to operate, they must notify relevant units responsible for rescue services to arrange specialized cranes and towing equipment suitable for the scene to remove the vehicle to an appropriate location as required by the traffic accident investigation and resolution officer;

đ) In cases where injured parties refuse to be taken to a medical facility, traffic police officers must record this fact in a report, with confirmation from healthcare personnel (if present) and witnesses.

a) Deploying buoys to mark the boundaries of the accident scene;

e) If the victim has died, maintain their position and cover them, do not move any vehicles related to the accident at the scene.

c) Maintaining the original positions, states, traces, and evidence of vehicles under permissible conditions, paying attention to detecting and recording any changes that have occurred. If the vehicles can be retrieved, organize their safe relocation and arrange personnel to protect them; if retrieval is not possible, deploy warning buoys and coordinate with other forces to secure the scene;

f) If the vehicles involved in the accident are damaged and non-operational, notify relevant rescue units to arrange specialized cranes and towing equipment suitable for the scene to salvage the vehicles to a suitable location based on the requirements of the traffic accident investigation and resolution officers.

3. Organizing traffic regulation to prevent congestion:

2. Protecting the accident scene:

a) Deploy buoys to mark the boundaries of the accident scene.

In cases where a traffic accident has caused traffic congestion, report to the unit leadership to strengthen manpower and equipment, implement traffic diversion and regulation measures, and resolve congestion from a distance;

a) b) Protect individuals, vehicles, property, and goods related to the accident.

b) 5. Collecting initial information:

c) Maintain the original positions and conditions of vehicles, traces, and evidence under permissible conditions, paying attention to identifying and recording any changes that have occurred. If the vehicle can be salvaged, organize its safe relocation and arrange security forces to protect it; if the vehicle cannot be salvaged, deploy warning buoys and coordinate with other forces to secure the scene.

b) Locating crew members and drivers related to the traffic accident;

d) Use warning lights, signal lights, and danger warning buoys to protect the scene and ensure safety for those investigating the scene.

inspecting and temporarily holding the documents of the vehicles, crew members, drivers, and goods carried on the vehicles (if any) related to the traffic accident;đ) Arrange personnel and position vehicles at both ends (upstream and downstream) approximately 500 meters away from the protected scene area to regulate traffic and warn drivers passing through the scene to reduce speed and pay attention to avoid endangering the investigators; if using traffic police vehicles, use flags, activate sirens and priority lights to alert other vehicles. b) Evaluating the traces and materials collected at the scene to determine their relevance or the need to collect additional traces;

3. Organizing traffic regulation to prevent congestion:

d) Review and collect electronic data such as: GPS devices recording the journey of vehicles, Automatic Identification System (AIS) for vessels, images from cameras of organizations, individuals around the accident site during the time the accident occurred (if available).

6. Mobilizing and requisitioning means:

a) In urgent cases to transport victims for emergency care, apprehend criminals who fled the scene after committing crimes or causing traffic accidents; rescue, firefighting, or other urgent tasks, the right to mobilize transportation means, communication means, and other means of organizations, individuals, and those controlling or using these means shall be implemented through requests or demands;

b) The requisitioning of transportation means, communication means, and other means of organizations, individuals shall be carried out according to the decision of the competent authority and in accordance with conditions, procedures, and formalities prescribed by the Law on Seizure and Requisition of Property and the Law on People's Public Security.

7. When performing tasks as stipulated in Clauses 1, 2, 3, 4, 5, and Clause 6 of this Article:

a)^[14] If a traffic accident is discovered with any of the following signs regarding consequences: death at the scene, death en route to emergency care, death while being treated, risk of death; severe injuries such as crushed, torn, severed limbs; brain trauma; three or more people with broken limbs or there is evidence to determine bodily injury with a disability rate of 61% or higher, or evidence to determine property damage of 100 million VND or more, then the Traffic Police officer must report to the Head of the Department to transfer the case to the Provincial Investigation Agency with jurisdiction to handle it;

b) In case if the traffic accident does not fall under any of the signs specified in point a of this clause then Traffic Police officers shall be assigned to investigate, verify, and resolve the case in accordance with this Circular;

8. Within the first seven days from the date of occurrence of the traffic accident, the Traffic Police officers assigned to investigate and verify must regularly check information about the extent of bodily injury, conduct a preliminary assessment of property damage, report, and propose instructions from the leadership unit to coordinate with the Provincial Investigation Agency^[15] where the traffic accident occurred to ensure that the resolution is in accordance with this Circular and relevant laws;

Section 2. CONTENTS AND MEASURES FOR INVESTIGATING AND VERIFYING TRAFFIC ACCIDENTS

Article 8. Contents of investigating and verifying circumstances of traffic accidents

1. signing and implementing Agreementsshall proceed to investigate, verify traffic accidents the Traffic Police officers shall be responsible for verifying:

a) Whether there is any violation of inland waterway traffic regulations; the course of events and causes leading to the traffic accident;

b) Individuals or organizations committing violations of inland waterway traffic regulations, faults, and personal backgrounds of violators;

c) Aggravating or mitigating circumstances;

d) Nature and degree of damage caused by violations of inland waterway traffic regulations;

đ) Other circumstances significant for considering and deciding on penalties and resolving traffic accidents;

e) Shortcomings, loopholes, and deficiencies in traffic organization, quality of traffic infrastructure; management of vehicles and drivers;

g) During the process of reviewing and making penalty decisions, the competent authority may request an appraisal. The procedure for requesting an appraisal shall be carried out in accordance with the law on appraisal.

2.^[16] Traffic Police officers assigned to the accident site to carry out investigative measures, verification, and resolution of traffic accidents must prepare a Record of the Incident according to Model No. 02/TNĐT issued together with this Circular. Within twenty-four hours from the time of preparing the administrative violation record, the Traffic Police officer must prepare a report to the competent authority to issue a decision assigning officers to investigate, verify, and resolve traffic accidents according to Model No. 04/TNĐT issued together with this Circular and prepare an investigation and resolution plan according to Model No. 03/TNĐT issued together with this Circular, which has been approved by the competent authority; the preparation of the administrative violation record must be conducted immediately upon identifying organizations or individuals with violations.

3. Measures for investigating and verifying circumstances of traffic accidents shall be implemented in accordance with Articles 9, 10, 11, 12, 13, 14, 15, 16, and Article 17 of this Circular.

Article 9. Examination of the Accident Scene

1. The examination of the accident scene for traffic accidents falling under one of the signs specified in point a, Clause 7, Article 7 of this Circular shall be carried out in accordance with the provisions of criminal procedure law.

2. The examination of the accident scene for traffic accidents not having one of the signs specified at point a, Clause 7 of this Circular shall be carried out in accordance with Clauses 3, 4, 5, 6, and Clause 7 of this Article.

3. Matters to be performed before examining the accident scene:

a) Accepting tasks from the site protection department;

b) Determining the scope of the accident scene; the position of victims, traces, evidence left on the scene, and means of transportation. Using cameras equipped for traffic police to record the entire area of the scene before examination;

c)^[17] Determining the composition of the examination team:

Depending on the nature and severity of the traffic accident, invite appropriate members such as: criminal technical officers; fire prevention, firefighting, rescue, and emergency personnel; public security officers from communes, wards, towns, or border post police stations in districts where there is no commune-level administrative unit where the accident occurred; representatives of inland waterway vehicle inspection units or individuals, organizations with expertise (related to the examination of inland waterway vessels); representatives of inland waterway management units; representatives of specialized technical units related to hydraulic works, river-crossing structures; witnesses, persons with rights and obligations related to the accident; representatives of local commune-level authorities where the accident occurred; representatives of enterprises (persons with knowledge in valuation fields) to determine the initial value of property damage;

d) Assigning tasks to participating members;

đ) Selecting examination methods; determining suitable examination directions; identifying reference points on land and underwater (marking points) that must be durable over time, easily recognizable, and convenient for measuring and drawing the accident scene diagram, determining coordinates according to the national standard to locate the accident site;

e) Preparing tools, equipment, and instruments for the examination of the accident scene.

4. Conducting the examination

When conducting the examination of the accident scene, a Traffic Accident Scene Examination Report for Inland Waterways must be prepared according to Form No. 05/TNĐT issued by this Circularand draw a Traffic Accident Scene Diagram for Inland Waterways according to Form No. 06/TNĐT issued by this Circular; The scene diagram must correspond with the Traffic Accident Scene Examination Report. The examination of the accident scene is conducted as follows:

a) Observing the entire area where the traffic accident occurred to identify the positions of victims, traces, evidence, and means of transportation at the accident scene;

b) Based on the examination direction and marking points at the scene, mark the positions of all victims, traces, evidence, and means of transportation and related traces in natural number order; Taking photos of the scene including

c) : General scene photos, partial scene photos, video footage (if available); photos of victims, evidence, means of transportation, and related traces, and must place scale rulers. The scene photography must be recorded in a Scene Photography Record, arranged in order,with photo descriptions; d) Measuring and drawing the Traffic Accident Scene Diagram: Using consistent symbols and measurement units; fully representing traffic organization,

inland waterway signaling system (on shore, surface, river-crossing structures) where the accident occurred; the legend must show the scale, traces, and symbols on the scene diagram. When measuring and drawing the scene, it should reflect the river flow shape, canal, creek, lake, bay (straight, curved, winding, three-way junction...), geographic orientation, flow direction, current speed, tide, wind direction, depth where the accident occurred; width of the navigation channel where the accident occurred; đ) Collecting and preserving traces and evidence in accordance with the law.5. Preparing the Traffic Accident Scene Examination Report

The content of the examination report must record the start and end times of the examination, location, participants; the condition of the scene before the examination, weather and lighting conditions during the examination, and the specific examination process as follows:

a) Describing the general scene such as: Accident location

(in the channel or outside the channel, managed by the channel management unit)

occurring on rivers, canals, creeks, lakes, bays (straight, curved, winding, three-way junction...) with or without obstructed visibility; flow direction, current speed, tide, wind direction, depth; width of the navigation channel, location of the accident determined by coordinates according to the national standard (represented on the geographic map diagram); direction of travel of vehicles before, during, and after the accident; collision and sinking locations of vehicles, related object locations and distances to reference points; inland waterway signaling system (on shore and on water); b) Recording the numbering of victim, evidence, vehicle, and trace positions; c) Recording the identification of reference points on land and underwater (marking points), and the examination direction;

d) Describing the positions and characteristics of victims, traces, vehicles, and evidence on the scene;

đ) Recording the specific quantities of discovered, collected, and preserved evidence, vehicles, traces, and comparison samples;

e) Recording the examination process: Using technical equipment provided to traffic police forces.

6. Concluding the examination of the accident scene:

a) Reviewing the work completed during the examination process;

b) Evaluating the collected traces and documents to determine their relevance or whether additional traces need to be collected;

c) Approving and signing the Traffic Accident Scene Examination Report and the Traffic Accident Scene Diagram.

c) Approving and signing the Record of the Scene Examination and the Diagram of the Accident Scene;

The inspection and verification of vehicles, vehicle operators; passengers, transported goods, load capacity on the vehicles, and related documents must invite representatives from enterprises or organizations (individuals with expertise in valuation fields) to determine the value of property damage and prepare a Verification Record according to the government's regulations on forms used in administrative penalty procedures;

7. After inspecting the accident scene, the traffic police officers assigned to investigate, verify, and resolve inland waterway traffic accidents must prepare a Report on the inspection results of the inland waterway traffic accident scene according to Model No. 07/TNĐT issued under this Circular and propose subsequent investigation, verification, and resolution measures.

Article 10. Temporary Detention, Handling of Evidence, Means of Transport, Professional Certificates, and Licenses According to Administrative Procedures^[18]

1. The temporary detention of evidence, means of transport, certificates of professional competence, and other licenses and certificates (hereinafter collectively referred to as licenses and certificates) of crew members related to inland waterway traffic accidents shall be carried out in accordance with the provisions of Article 125 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020) and other relevant regulations.

In cases where relevant documents related to persons and means of transport have been integrated into electronic identification cards or electronic identity accounts on the National Identification Application, traffic police shall carry out the temporary detention of documents in the electronic environment.

2. Before extending the period of temporary detention of evidence, means of transport, licenses, and certificates of crew members, the officers assigned to investigate, verify, and resolve inland waterway traffic accidents must report and propose to the competent authority to extend the detention period according to Model No. 14B/TNĐT issued along with this Circular.

3. The handling of evidence, means of transport, licenses, and certificates of crew members related to inland waterway traffic accidents shall be carried out in accordance with the provisions of Article 126 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020) and other relevant regulations.

4. After completing the inspection of the means of transport and determining that the driver did not commit any fault and did not violate other laws, the means of transport shall be immediately returned to the owner or the driver.

Article 11. Inspection of Means of Transport Related to Traffic Accidents

1. The participants in the inspection of means of transport shall comply with the provisions set forth in point c, Clause 3, Article 9 of this Circular.

2. All means of transport related to traffic accidents must be inspected and a Record of Inspection of Means of Transport Related to Inland Waterway Traffic Accidents must be established according to Model No. 08/TNĐT issued under this Circular at the scene or at the place where the means of transport is temporarily detained immediately after the completion of the scene inspection. If there are multiple means of transport, they must be inspected sequentially, with each means of transport having its own Record of Inspection of Means of Transport.

3. Check all relevant documents of the vehicle driver, crew member, and documents of the means of transport related to the traffic accident such as: Certificate of Professional Competence for Master, professional certificate, personal identification documents (if available), registration of the means of transport (compare with license plate number, engine number, measurement number, dimensions, image, material), certificate of technical safety and environmental protection of the means of transport (if required for the type of means of transport), compulsory civil liability insurance certificate for business transport on inland waterways (if available), documents related to the operating conditions of the means of transport and goods transported (if available).

4. Inspect the means of transport:

a) Measure the main dimensions of the means of transport including: Maximum length, maximum width, height, draft, freeboard height of inland waterway vessels;

b) Evaluate the structure and condition of the hull and body of the means of transport including: Frame, shell, deck, cabin, bulkhead, cargo hold, rudder post, bow post, bottom post;

c) Inspect the technical equipment system of the means of transport: Propulsion system, steering, anchoring, life-saving, fire-fighting, sound, signal (sound and light), life-saving, sinking prevention, marine equipment (radar, voyage recording device (GPS), vessel identification device (AIS), electronic nautical chart (if available), river passage valve;

d) Focus on inspecting parts and positions that are likely to be the cause of the traffic accident, determine the collision location and the first point of impact on the means of transport;

đ) Carefully examine the position, direction, and mechanism of formation of marks and traces left on the means of transport (excluding marks formed during rescue and salvage operations);

e) Measure and photograph the position and size of marks and traces (with scale ruler); collect marks and trace-bearing objects, take samples for comparison (if necessary), and store them in accordance with regulations.

5. The Record of Inspection of Means of Transport Related to Traffic Accidents must specifically record: Documents, characteristics of the means of transport; description of marks and traces; damage and malfunction of the means of transport; records of collection of specimens, marks, and technical equipment of the means of transport: propulsion system, steering, anchoring, fire-fighting, sound, signal (sound and light), life-saving, sinking prevention, marine equipment (radar, voyage recording device (GPS), vessel identification device (AIS), electronic nautical chart (if available); river passage valve for forensic examination purposes.

6. Approve and sign the Record of Inspection of Means of Transport Related to Traffic Accidents.

Article 12. Inspection of works related to traffic accidents

1. The participants in the inspection of works shall be carried out in accordance with the provisions set forth in point c, Clause 3, Article 9 of this Circular.

2. Conducting the inspection of works:

a) For bridges:

- Checking basic technical indicators of the bridge:

+ The clear height under the bridge;

+ The radius of curvature of the channel at the bridge construction site;

+ The position of the bridge relative to the main flow;

+ The anti-collision piers of the bridge;

+ The span of the bridge (measured from the innermost part of the two bridge piers);

- Checking the signaling system:

+ Warning signs before the bridge;

+ Pier warning signs;

+ Marker buoys guiding the channel for vessel passage;

+ Lighting signals for nighttime navigation and illumination of the vessel passage channel (for accidents occurring at night);

- Examining and recording traces left by the traffic accident on the bridge piers in the vessel passage channel, and on the bridge railings;

b) For overhead river-crossing structures:

- Power transmission lines, communication lines, overhead pipelines, and water level measurement cables crossing the river;

- Checking the clearance of overhead lines crossing the river;

- Checking high-voltage warning signals and signs indicating the presence of high-voltage lines crossing the river ahead;

- Examining and recording traces left by the traffic accident at the scene;

c) For underground river-crossing structures:

- Checking technical criteria: Position of the river-crossing structure; necessary burial depth. Comparing with permitted standards when constructing the work to identify design and construction violations;

- Checking and examining the signaling system, warning signs, marking the location of underground structures; various types of prohibitory signs within a 200-meter range upstream and downstream;

- Examining and recording traces left by the traffic accident on the structure;

d) For inland waterway ports and wharves:

- Checking port and wharf operation permits (if applicable); safety conditions for ports and wharves;

- Checking inland waterway navigation signals, mooring piles, anchor piles, water level markers, survey markers, protection zones extending five meters from the outermost points of mooring piles, anchor piles, water level markers, and survey markers;

- Checking basic technical indicators of inland waterway ports:

+ Technical parameters of the facility system for vessels and ships to moor, load/unload cargo, embark/disembark passengers, and perform other support services;

+ Limits of the port land area: docks, warehouses, yards, workshops, administrative offices, service facilities, transportation, communication systems, electricity, water supply, equipment installation, and auxiliary works;

+ Limits of the water area in front of the dock, turning basin, anchorage area, transshipment area, unloading area, and storm shelter area;

+ Examining and recording traces left by the traffic accident on the facilities or at the scene;

- Checking technical indicators of inland waterway wharves:

+ Cargo wharves, passenger wharves, combined wharves, ferry wharves, dedicated wharves;

+ Land and water areas in front of the wharf for vessels to moor, load/unload cargo, embark/disembark passengers, and perform other support services;

+ Examining and recording traces left by the traffic accident on the facilities or at the scene.

3. Preparing the record of inspection of works related to inland waterway traffic accidents according to formnumber 09/TNJOINT CIRCULAR issued pursuant to this Circular.

Article 13. Recording statements of crew members, drivers, victims, witnesses, and persons who know about the incident

1. Recording statements of crew members and drivers related to traffic accidents must be documented in a Statement Recording Form according to Model No. 10/TNĐT issued under this Circular:

a) Depending on each specific traffic accident, record the statements of relevant crew members such as: Captain, Chief Officer, Chief Engineer, Second Engineer, Seaman, Mechanic, or inland waterway vessel driver. The recording of statements must clarify the position, duties of the crew member, inland waterway vessel driver; route, channel, direction, current, speed, weather, hydrology; developments before, during, and after the traffic accident; location where the traffic accident occurred; technical operations, signals, handling of situations; require the crew member, inland waterway vessel driver to identify health injuries to individuals, property damage (if any), assess the cause of the traffic accident, responsibility, their proposals regarding the traffic accident, and write a self-statement;

b) Study, analyze, and evaluate the statements; if there are contradictions, unclear points, or inconsistencies with collected evidence, additional statements must be recorded;

c) If the crew member, vehicle operator is seriously injured and may die, their statement must be recorded immediately. In cases where they cannot make a statement, a record must be made with confirmation from the healthcare facility treating the victim;

2. Recording statements of victims in traffic accidents:

a) Recording statements of victims in traffic accidents must be documented in a Statement Recording Form according to Model No. 10/TNĐT issued under this Circular, specifically clarifying developments before, during, and after the traffic accident; their understanding of the traffic accident;

b) In cases where the victim is seriously injured, only record their statement when treated by medical staff and they agree, but ask briefly. If the victim may die, their statement must be recorded immediately. In cases where the seriously injured victim cannot make a statement, a record must be made of that fact and confirmed by the healthcare facility treating the victim;

3. Recording statements of witnesses and persons who know about the incident

Recording statements of witnesses and persons who know about the incident must be documented in a Statement Recording Form according to Model No. 10/TNĐT issued under this Circular, and must clarify:

a) The witness's position when the accident occurred (viewing direction, field of vision, distance from the accident site); why they know about the traffic accident; their relationship with those involved in the traffic accident;

b) Require the witness to describe the developments of the traffic accident they know; weather conditions, density of vehicles, characteristics of the route and channel where the accident occurred; assess the condition of the accident scene;

c) In cases where it is not possible to record the statement of the witness at the scene immediately, the statement recorder must record information about their place of residence, workplace, school, contact phone number, or other relevant information to identify the witness, then visit their residence, workplace, or invite them to the police station to record their statement. For persons under 18 years old, when recording their statement, invite their guardian (father, mother, legal representative, or teacher) to participate and sign the Statement Recording Form according to Model No. 10/TNĐT issued under this Circular.

Article 14. Professional Appraisal

1.^[19] In cases where it is necessary to appraise the degree of bodily injury of the victim, assess property damage, or conduct trace evidence appraisal; appraise technical aspects of vehicles, bridges, ferries, river-crossing structures, underground works, inland waterway ports, traffic organizations, and the quality of transportation infrastructure as a basis for resolving traffic accident cases according to administrative law regulations, traffic police officers shall report to authorized leaders to issue a decision requesting an appraisal in accordance with the Government's regulations on forms used in administrative violation penalties, thereby requesting or proposing relevant functional agencies to conduct appraisals and asset valuations as prescribed by law.

2. In cases where there are no signs of criminal offenses in traffic accidents and victims refuse to undergo disability appraisals or asset valuations, traffic police officers must prepare a record detailing the reasons for refusal, with confirmation from the victims and witnesses.

Article 15. Other Activities to Collect Materials Related to Traffic Accidents

In addition to implementing the provisions stipulated in Articles 8, 9, 10, 11, 12, 13, and Article 14 of this Circular, depending on the nature and severity of each traffic accident, during investigation, verification, and resolution of traffic accidents, the following activities must be carried out:

1. Examining traces on the bodies of victims:

a) Examination of traces on the bodies of victims must be conducted with the consent of the victims and recorded meticulously; described specifically and detailed in the model form number 11/TNĐT issued by this Circular. Mark the location of injuries on the Position Diagram, and mark the injury traces on the body of the victim according to model form number 12/TNĐT issued by this Circular, take photographs of the injury traces. If the victim is female, a female officer must participate in examining the injury traces and there must be a witness of the same gender; according to b) If the victim goes to emergency care, collect certificates of injury, medical records treating injuries caused by the traffic accident or results of requests for appraisals of the degree of bodily injury;

c) If the victim does not go to emergency care but requests an appraisal of the degree of bodily injury, the provisions at point a of this clause must be implemented and a report made to authorized leaders to request or propose the appraisal agency to conduct the appraisal in accordance with the law.

2. In cases where the whereabouts of the victim have not been determined, the unit handling the traffic accident case must use one of the following measures to determine the whereabouts of the victim:

a) Through information provided by the victim and related persons;

b) In cases where the victim is seriously injured and cannot provide information, the license plate number, name of the vehicle, certificate of professional capability, professional certification, or related documents of the victim may be used as a basis;

c) Take fingerprints for database searches;

d) Photograph the victim and announce distinctive features through mass media.

3. In cases where the whereabouts of the victim have been determined, the unit handling the traffic accident case must notify the family or the victim's workplace.

4. Inspect and verify vehicles, drivers, and other related documents:

a) Inspect and verify violations of traffic laws and regulations (especially causing traffic accidents) by vehicles and drivers;

b) Inspect and verify certificates of professional capability for ship captains, professional certifications, identity documents of drivers, vehicle registration, vehicle inspection, safety and environmental protection certificates, and various documents related to vehicle transport operations and goods transported on the vehicle. Whether these documents have been altered, erased, or issued by authorized authorities;

The inspection and verification of vehicles, drivers, passengers, transported goods, vehicle load capacity, and related documents must invite representatives from enterprises or institutions (individuals with expertise in valuation and asset valuation fields) to determine the value of property damage and prepare Verification Records in accordance with the Government's regulations on forms used in administrative violation penalties.

c)^[20] Upon completion of the investigation, verification, and resolution period, the traffic police force must issue a Notification of Investigation, Verification, and Resolution Results of the Traffic Accident according to Model No. 13/TNĐT issued by this Circular and proceed with handling according to administrative law regulations;

Article 16. Reconstruction of Traffic Accident Scene

1. During the investigation and verification of traffic accidents, if there is evidence to determine that the scene has been disturbed, falsified, or it is deemed necessary for the investigation, verification, and resolution of the traffic accident, the reconstruction of the traffic accident scene shall be organized. The reconstruction of the scene must have a plan and decision by the competent authority. Prior to reconstructing the traffic accident scene, appropriate time, weather conditions, and means should be selected as they were at the time of the traffic accident. During the reconstruction process, preventive measures against damage and obstruction of traffic congestion must be implemented.

2. 3. The content of reconstructing the scene needs to re-determine the positions of victims, objects, vehicles, and traces left at the scene; review situations, behaviors, and circumstances when the traffic accident occurred; measure and redraw the scene diagram; take photographs for comparison purposes.

4. Upon completion of the reconstruction of the traffic accident scene, a report on the examination of the reconstructed scene must be established, along with a redrawn scene diagram. Participants in the reconstruction must sign and clearly write their names on the report and diagram.

Article 17. Examination of Investigation Results of Traffic Accidents

Traffic Police officers, while performing tasks as stipulated in Articles 9, 10, 11, 12, 13, 14, 15, and Article 16 of this Circular, shall determine:

1. In cases where traffic accidents do not exhibit signs of criminal offenses, they shall report to the competent leadership to issue a notification of the results of the investigation and resolution of the traffic accident according to model number 13/TNĐT issued by this Circular. The resolution of the traffic accident shall be carried out in accordance with Article 19 of this Circular.

If traffic accidents exhibit signs of criminal offenses as defined in one of Articles 272, 273, 274, 275, 276, and 281 of the Criminal Code of 2015 (amended in 2017), Traffic Police officers shall report and propose to the Head of the Department to direct and investigate the resolution of the traffic accident in accordance with Article 20 of this Circular.

2.^[21] 3. In cases where acts of individuals or organizations intentionally causing traffic accidents to infringe upon the lives, health, or property of others, or to conceal other criminal acts are discovered, Traffic Police officers must report to the unit's leadership to transfer case files, objects, and vehicles to the competent investigative agency for investigation and resolution.

Chapter 3. RESOLUTION OF TRAFFIC ACCIDENTS

Article 18. Time Limit for Investigation, Verification, and Resolution of Traffic Accidents

For traffic accidents without signs of criminal offenses, the time limit for investigation, verification, and resolution shall be as follows:

1. Upon receiving information about a traffic accident, Traffic Police must conduct the investigation, verification, and resolution within seven days; in cases where the traffic accident involves complex circumstances requiring further verification, the period may be extended but not exceeding thirty days from the date of receipt of information about the traffic accident. In cases where specialized expertise is required or additional time is needed to verify and collect evidence, the competent authority must submit a written report to their immediate superior requesting an extension; the extension must be in writing and shall not exceed thirty days.

2. Upon completion of the investigation, verification, and resolution period, the Traffic Police force must issue a notification of the results of the investigation, verification, and resolution of the traffic accident according to model number 13/TNĐT issued by this Circular and proceed with administrative handling as prescribed by law.

according to Model No. 15/TNĐT issued by this Circular;

Article 19. Handling traffic accidents through administrative procedures

Based on the investigation and verification files, traffic police officers report to authorized leaders to handle traffic accidents as follows:

1. Invite relevant parties or their lawful representatives to the unit's office to inform them of the investigation and verification results (conclusion on the cause, course of the traffic accident, determination of the fault of those involved in the traffic accident, and form of administrative violation handling), while establishing a Traffic Accident Handling Record for inland waterways according to Model No. 15/TNĐT issued under this Circular. In cases where the parties involved in the traffic accident cannot reach an agreement on civil compensation, a record must be prepared and guide the parties to contact the competent court to resolve the matter through civil litigation procedures; Establish an administrative violation record (if applicable) in accordance with the Law on Handling Administrative Violations 2012;

If one of the parties involved in the traffic accident is absent for legitimate reasons, a record noting the absence and scheduling a time for resolution must be established.

2. Report to the authorized person to issue an Administrative Violation Penalty Decision (if applicable).

3. Allow the parties involved in the traffic accident to resolve civil compensation claims at the agency or unit's office; if the parties involved in the traffic accident cannot reach an agreement on civil compensation claims, establish a record and guide the parties to contact the competent court to resolve the matter through civil litigation procedures.transferring the file, evidence, and vehicles to the traffic police agency for administrative violation handling, the assigned traffic police officer must report to the authorized person to act in accordance with Article 63 of the Law on Handling Administrative Violations 2012 and comply with the provisions of Clauses 1, 2, 3, and 4 of this Article;

4. After completing the investigation, verification, and handling of the traffic accident, the traffic police officer in charge must complete the file and report to the unit leader to conclude the investigation, verification, and handling of the traffic accident; implement statistical and reporting systems for inland waterway traffic accidents, and store the file in accordance with regulations of the Ministry of Public Security and related laws.

5. For traffic accidents handled by the investigating authority but later decided not to initiate criminal proceedings, revoke the decision to initiate criminal proceedings, terminate the investigation, or terminate the case, if there are signs of administrative violations, transfer the file, evidence, and means of transportation to the traffic police agency for administrative violation handling, the assigned traffic police officer must report to the authorized person to follow the provisions of Article 63 of the Law on Handling Administrative Violations 2012 and implement the provisions of Clause 1, 2, 3, and Clause 4 of this Article. Within seven days from the end of the investigation, verification, and resolution of the traffic accident, all agencies and units must complete the full update of the accident information into the Traffic Accident Database System;.

6. Upon concluding the investigation, verification, and handling of the traffic accident, if the agency or unit handling the traffic accident discovers deficiencies, inadequacies, or omissions in state management of traffic infrastructure, traffic organization, driver management, and vehicle management, they must submit a recommendation letter to the managing authority or the main industry to take corrective measures.

Article 20. Handling traffic accidents that reveal criminal elements according to the functions of the agency tasked with conducting certain investigative activities

1. During the process of investigation, verification, and handling of traffic accidents, if criminal elements are discovered, the traffic accident investigation and handling officer from the Traffic Police Department reports to the Department Head to issue a decision to initiate criminal proceedings and perform investigative duties and powers according to Article 38 of the Law on Organizational Structure of Criminal Investigation Agencies 2015 and Article 40 of the Criminal Procedure Code 2015.

2. The traffic accident file is transferred to the Criminal Investigation Agency:

a)^[22] Documents used by the agency tasked with conducting certain investigative activities are issued together with Circular No. 119/2021/TT-BCA dated December 8, 2021, of the Minister of Public Security stipulating forms, documents, and books for criminal investigations (hereinafter referred to as Circular No. 119/2021/TT-BCA);

b) Traffic accident scene examination record; Provincial People's Committees set specific pricesTraffic accident scene diagram; BTraffic accident scene photographs; image storage devices;

c) Vehicle examination record; Temporary detention of evidence and means of transportation record; Article 24Decision on temporary detention of evidence and means of transportation; documents of the vehicle operator, vehicle, and goods on the vehicle;

d) Statement record of of persons involved in the traffic accident including: Statement record of crew members, vehicle drivers; Victim statement record; Witness statement record, person who knows about the incident statement record;

d) Record of marks on the victim's body, Diagram of injury marks on the victim's body, record of reconstructing the traffic accident scene;

e) Evidence, means of transportation, and traces related to the traffic accident;

g)^[23] Case file handover record according to Model No. 240 issued together with Circular No. 119/2021/TT-BCA.

Article 21. Documents to be provided to insurance enterprises

1. When an insurance enterprise submits a letter requesting or an introduction letter to resolve matters related to traffic accidents involving insured parties, based on their assigned functions, tasks, and authority, the head of the agency or unit handling the investigation, verification, and resolution of the traffic accident shall be responsible for providing documents (photocopies stamped with an official seal confirming authenticity by the head of the agency or unit) in accordance with the provisions of the law.

2. The provision of documents to insurance enterprises must be recorded in the Notes section of the Traffic Accident Monitoring Book according to Model No. 01/TNĐT issued under this Circular and there must be a Document Provision Form for Insurance Enterprises according to Model No. 16/TNĐT issued under this Circular.

Article 22. Updating Information on Traffic Accidents into the Traffic Accident Database System

1. Traffic police must record all traffic accidents occurring on the routes and areas assigned for patrol, supervision, and violation handling in the Traffic Accident Monitoring Book and update information on traffic accidents into the Traffic Accident Database System as follows:

a) Within twelve hours, immediately update initial information about the traffic accident into the Traffic Accident Database System including: Time and location of the accident; number of deaths, missing persons; number of injured persons;

b) During the investigation, verification, resolution of the traffic accident, traffic police officers continue to amend and update additional information about vehicles involved in the traffic accident such as: Registration number, type of vehicle, license plate, carrying capacity; vehicle owner, date of birth, address, phone number (if available); direction of movement before the accident, technical safety conditions, damage, condition of the vehicle; information about crew members, drivers, and victims: full name, date of birth, gender, nationality, occupation, address, certificate of professional capability number, validity period, professional capability certificate category, injury status, alcohol, beer, drug, and other prohibited stimulants usage; other relevant information in the traffic accident;

c)^[24] (Repealed)

2. Once all information in the traffic accident has been fully entered, the traffic police officer sends a request for approval to complete. The leadership of the agency or unit reviews and approves the updated information to finalize the traffic accident file in the Traffic Accident Database System or does not approve and requests the officer or soldier to correct the information accurately compared to the collected files and documents during the investigation, resolution of the traffic accident. verify 3. For traffic accidents occurring on the routes and areas assigned for patrol and supervision, but handled by the Criminal Investigation Agency, the traffic police agency or unit responsible for the route and area must closely cooperate with the Criminal Investigation Agency from the scene examination until the end of the investigation; receive the results of the investigation and resolution of the traffic accident from the Criminal Investigation Agency (information about related vehicles, information

of crew members involved in the traffic accident: captain, deputy captain, chief engineer, assistant engineer, seaman, machinist or inland waterway vessel driver; victim; witness, person who knows the matter; Decision to initiate criminal proceedings, indictment, Investigation Conclusion or some related documents to update comprehensive information into the Traffic Accident Database System. 4. If the traffic accident file in the Traffic Accident Database System contains errors in information and wishes to delete or unlock (for completed approved files), the traffic police officer reports to the leadership of the agency or unit to send a request to delete or unlock to the General Traffic Police Department for consideration.

5. Within seven days from the completion of the investigation, verification, and resolution of the traffic accident, agencies and units must complete the updating of comprehensive information on the traffic accident into the Traffic Accident Database System.

1. For traffic accidents immediately identified without criminal signs involving military personnel or vehicles, the traffic police force

Article 23. Inspection of traffic accident investigation and resolution work^[25]

1. The inspection of waterway traffic accident investigation, verification, and resolution work shall be carried out in accordance with this Circular and Circular No. 35/2024/TT-BCA dated August 2, 2024, issued by the Minister of Public Security on inspection of work within the People's Public Security.

2. When a traffic accident occurs as stipulated in Clause 4, Article 6 of this Circular or upon the directive of the Ministry of Public Security leadership, the Traffic Police Department shall be responsible for coordinating with relevant units and local public security agencies where the accident occurred to inspect traffic order and safety assurance work to assess the cause, examine the responsibility of individuals and organizations related to the occurrence of the traffic accident.

Article 24. Forms and symbols in the accident scene diagram used in traffic accident investigation, verification, and resolution work

1.^[26] During the investigation, verification, and resolution of inland waterway traffic accidents, if the Traffic Police Department discovers signs of criminal offenses in inland waterway traffic accidents, it shall use the forms issued together with Circular No. 119/2021/TT-BCA.

2.^[27] In administrative procedures for investigating, verifying, and resolving inland waterway traffic accidents, the forms prescribed by the Government regarding forms used in administrative violation penalties and the forms specified in Clause 3 of this Article shall be used.

3. Issued together with this Circular are the following forms:

a) Traffic accident record book (Form No. 01/TNĐT);

b)^[28] Incident report (Form No. 02/TNĐT);

c) Investigation and resolution plan for traffic accidents (Form No. 03/TNĐT); d) Decision on assigning staff to investigate and resolve traffic accidents (Form No. 04/TNĐT);

đ) Traffic accident scene examination record (Form No. 05/TNĐT);

e) Diagram of the traffic accident scene (Form No. 06/TNĐT);

g) Report on the results of the traffic accident scene examination (Form No. 07/TNĐT);

h) Examination record of vehicles related to traffic accidents (Form No. 08/TNĐT);

i) Examination record of structures related to traffic accidents (Form No. 09/TNĐT);

k) Statement record (Form No. 10/TNĐT);

l) Record of marks on the body of the injured person (Form No. 11/TNĐT);

m) Diagram of the position and marks of injuries on the body of the injured person (Form No. 12/TNĐT);

n) Notification of the results of investigation, verification, and resolution of traffic accidents (Form No. 13/TNĐT);

o) Report proposing the resolution of traffic accidents (Form No. 14A/TNĐT);

p) Report proposing extension of temporary detention of vehicles related to traffic accidents (Form No. 14B/TNĐT);

q) Traffic accident resolution record (Form No. 15/TNĐT);

r) Information provision form (documents in the traffic accident file) for insurance companies (Form No. 16/TNĐT).

Section 4. SOME SPECIFIC SITUATIONS IN TRAFFIC ACCIDENT INVESTIGATION AND RESOLUTION

Article 25. Cases involving traffic accidents related to persons and vessels of foreign countries

1. When a traffic accident involving persons and vessels of foreign countries occurs, it shall be handled in accordance with relevant laws.

2. Public Security agencies, when conducting investigation, verification, and initial resolution activities of traffic accidents in accordance with the law and this Circular, must determine the legal status of foreign nationals, the legal regime of the vessel causing the accident, the victim, and damage to health or property of others, and have the right to request the person causing the accident to present necessary identity documents and sign the investigation records at the scene; if they refuse to sign, it must be noted in the record and witnessed by someone; while continuing to conduct investigation, verification, and resolution measures for the traffic accident:

a) Foreign nationals with diplomatic status as defined in the Ordinance on privileges and immunities granted to diplomatic missions, consular posts, and international organization representative offices in Vietnam can only be questioned as witnesses with their clear consent. If such requests are refused, it must also be clearly recorded in the record;

b) For foreign nationals without diplomatic status (experts, businesspeople, students, interns, tourists in Vietnam, foreigners participating in other activities on Vietnamese territory) involved in traffic accidents, the investigation and resolution shall be conducted as with Vietnamese citizens. However, if temporary detention is required, it must be reported to the authority authorized to decide on temporary detention under Article 123 of the Law on Administrative Violation Handling 2012 for coordination with the foreign affairs agency to reach a solution;

The verification of statements from foreign nationals shall be conducted according to normal procedures at the Public Security agency's office. Foreign nationals may choose their own interpreter, or the Public Security agency may invite an interpreter. In cases where a diplomat or Consul agrees to act as a witness, the receipt of statements or verification of statements may be conducted at a convenient location agreed upon by them.

Traffic accidents involving persons and vehicles of the People's Army

Article 26. 1. For traffic accidents immediately identified as not having criminal indications, involving persons and vehicles of the People's Army, the Traffic Police Force

1. In cases of traffic accidents that can be immediately determined to not involve criminal offenses and are related to persons or vehicles of the People's Army, the traffic police force investigate, handle, and coordinate with units managing personnel and military vehicles related to traffic accidents to address administrative violations according to this Circular and relevant laws.

2.^[29] For traffic accidents where initial investigation and verification reveal signs of criminal offenses, the Traffic Police Department shall transfer all case files, materials, and vehicles related to the traffic accident to the competent Military Criminal Investigation Agency for resolution and retain copies of the files for monitoring. After transferring to the Military Criminal Investigation Agency, the Traffic Police Department shall continue to cooperate at the request of the Military Criminal Investigation Agency.

Article 27. Traffic accidents involving waterway transportation means

When transportation means catch fire or explode, the Traffic Police must immediately notify the Fire Prevention, Firefighting, and Rescue Service at the location of the traffic accident to handle the situation; simultaneously organize traffic diversion and prohibit people and vehicles from entering the area affected by fire or explosion. The Traffic Police have the responsibility to cooperate and maintain traffic order at the accident site.

Article 28. Traffic accidents directly related to dangerous goods-carrying means

In cases where traffic accidents involve transportation means carrying dangerous goods, the Traffic Police must coordinate with specialized agencies and seal off the area where the traffic accident occurred, using warning lights, signals, and flags to alert other vehicles and prohibit them from entering. At the same time, report immediately to the Director of the Provincial or Central City Public Security Office to direct and notify relevant agencies to cooperate in handling the situation.

Article 29. Traffic accidents occurring in border areas

If the traffic accident falls under any of the signs stipulated in point a, Clause 7, Article 7 of this Circular, then notify the Traffic Police Investigation Unit of the Provincial Public Security Office^[30] where the traffic accident occurred to conduct investigations and resolve the matter.

In cases where the traffic accident does not fall under any of the signs stipulated in point a, Clause 7, Article 7 of this Circular, the public security agency receiving the report of the traffic accident shall assign traffic police officers to conduct investigations, verifications, and resolutions according to this Circular. During the investigation, verification, and resolution process, if it is determined that the traffic accident does not fall within their jurisdiction, transfer the case to the Traffic Police Department^[31] where the traffic accident occurred (if determined to be within their jurisdiction).

Article 30. Traffic accidents causing public disorder

1. In cases where traffic accidents involve relatives of the victim or agitators demanding compensation or assaulting the person responsible for the accident, obstructing traffic to a non-serious extent, take the initiative to explain, separate the parties involved, and disperse the crowd to prevent complications.

2. In cases where serious acts of disruption occur, every effort must be made to report to unit leadership to request support from local authorities and other forces; simultaneously protect the scene, vehicles, and vehicle operators; preserve the force and continue to monitor the situation to serve the investigation, verification, and resolution process.

Chapter III. IMPLEMENTATION^[32]

Article 31. Effectiveness and Transitional Provisions

1. This Circular takes effect from January 1, 2021.

2. This Circular replaces Circular No. 73/2012/TT-BCA dated December 5, 2012 issued by the Minister of Public Security on the procedures for investigating and resolving inland waterway traffic accidents.

3. For traffic accidents occurring before January 1, 2021, the provisions of Circular No. 73/2012/TT-BCA shall be implemented.

Article 32. Responsibility for Implementation

1. THE DIRECTOR OF THE TRAFFIC POLICE CORPS IS RESPONSIBLE FOR MONITORING, GUIDING, INSPECTING, AND URGING THE IMPLEMENTATION OF THIS CIRCULAR.

2. Heads of units under the Ministry of Public Security, Directors of provincial and centrally-administered city police departments are responsible for implementing this Circular.

3. During the implementation of this Circular, if there are difficulties or obstacles, local police units shall report to the Ministry of Public Security (through the Traffic Police Department) for timely guidance./.

^{_______________________________________}

^[1] Circular No. 13/2025/TT-BCA dated February 28, 2025 issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road, railway, and inland waterway traffic order and safety are based on the following grounds:

“Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004; the Law Amending and Supplementing Certain Articles of the Law on Inland Waterway Traffic dated June 17, 2014; the Law Amending and Supplementing Certain Articles of 37 Laws Related to Planning dated November 20, 2018;

Pursuant to the Railway Law dated June 16, 2017;

BASED ON THE ROAD TRAFFIC ORDER AND SAFETY LAW dated June 27, 2024;

Pursuant to Decree No. 02/2025/NĐ-CP dated February 18, 2025, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the Director of the Traffic Police Corps;

The Minister of Public Security hereby promulgates the Circular amending and supplementing certain provisions of circulars regulating road traffic order and safety, railway traffic, and inland waterway traffic.

^[2] The term "Inland Waterway Police" is abolished pursuant to point a, Clause 20, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025 issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road, railway, and inland waterway traffic order and safety, which takes effect from March 1, 2025.

^[3] This point is abolished pursuant to Clause 21, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025 issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road, railway, and inland waterway traffic order and safety, which takes effect from March 1, 2025.

^[4] This point is amended pursuant to Clause 1, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025 issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road, railway, and inland waterway traffic order and safety, which takes effect from March 1, 2025.

^[5] This clause is amended pursuant to Clause 2, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025 issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road, railway, and inland waterway traffic order and safety, which takes effect from March 1, 2025.

^[6] The term "Provincial-level public security agency or inland waterway police unit" is abolished pursuant to point b, Clause 20, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025 issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road, railway, and inland waterway traffic order and safety, which takes effect from March 1, 2025.

^[7] The phrase "simultaneously notifying the district-level public security agency where the traffic accident occurred or requesting cooperation in investigating, verifying, and resolving the traffic accident according to regulations" is abolished pursuant to point c, Clause 20, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025 issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road, railway, and inland waterway traffic order and safety, which takes effect from March 1, 2025.

^[8] This point is amended pursuant to Clause 3, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025 issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road, railway, and inland waterway traffic order and safety, which takes effect from March 1, 2025.

^[9] This point is abolished pursuant to Clause 21, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025 issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road, railway, and inland waterway traffic order and safety, which takes effect from March 1, 2025.

^[10] This clause is amended pursuant to Clause 4, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025 issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road, railway, and inland waterway traffic order and safety, which takes effect from March 1, 2025.

^[11] The phrase "with the district-level public security agency where the traffic accident occurred" is abolished pursuant to point d, Clause 20, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025 issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road, railway, and inland waterway traffic order and safety, which takes effect from March 1, 2025.

^[12] This clause is amended pursuant to Clause 5, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025 issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road, railway, and inland waterway traffic order and safety, which takes effect from March 1, 2025.

^[13] This clause is amended pursuant to Clause 5, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025 issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road, railway, and inland waterway traffic order and safety, which takes effect from March 1, 2025.

^[14] This point is amended pursuant to Clause 6, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025 issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road, railway, and inland waterway traffic order and safety, which takes effect from March 1, 2025.

^[15] The term "district-level public security agency" is replaced by the term "provincial-level public security agency" pursuant to Clause 19, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025 issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road, railway, and inland waterway traffic order and safety, which takes effect from March 1, 2025.

^[16] This clause is amended pursuant to Clause 7, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025 issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road, railway, and inland waterway traffic order and safety, which takes effect from March 1, 2025.

^[17] This point is amended pursuant to Clause 8, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025 issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road, railway, and inland waterway traffic order and safety, which takes effect from March 1, 2025.

^[18] This provision is amended pursuant to Clause 9, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security to amend and supplement certain provisions of circulars on traffic order and safety on roads, railways, and inland waterways, which shall take effect from March 1, 2025.

^[19] This clause is amended pursuant to Clause 10, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security to amend and supplement certain provisions of circulars on traffic order and safety on roads, railways, and inland waterways, which shall take effect from March 1, 2025.

^[20] This point is amended pursuant to Clause 11, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security to amend and supplement certain provisions of circulars on traffic order and safety on roads, railways, and inland waterways, which shall take effect from March 1, 2025.

^[21] This clause is amended pursuant to Clause 12, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security to amend and supplement certain provisions of circulars on traffic order and safety on roads, railways, and inland waterways, which shall take effect from March 1, 2025.

^[22] This point is amended pursuant to Clause 13, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security to amend and supplement certain provisions of circulars on traffic order and safety on roads, railways, and inland waterways, which shall take effect from March 1, 2025.

^[23] This point is amended pursuant to Clause 14, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security to amend and supplement certain provisions of circulars on traffic order and safety on roads, railways, and inland waterways, which shall take effect from March 1, 2025.

^[24] This point is abolished pursuant to Clause 21, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025 issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road, railway, and inland waterway traffic order and safety, which takes effect from March 1, 2025.

^[25] This provision is amended pursuant to Clause 15, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security to amend and supplement certain provisions of circulars on traffic order and safety on roads, railways, and inland waterways, which shall take effect from March 1, 2025.

^[26] This clause is amended pursuant to Clause 16, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security to amend and supplement certain provisions of circulars on traffic order and safety on roads, railways, and inland waterways, which shall take effect from March 1, 2025.

^[27] This clause is amended pursuant to Clause 16, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security to amend and supplement certain provisions of circulars on traffic order and safety on roads, railways, and inland waterways, which shall take effect from March 1, 2025.

^[28] This point is amended pursuant to Clause 17, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security to amend and supplement certain provisions of circulars on traffic order and safety on roads, railways, and inland waterways, which shall take effect from March 1, 2025.

^[29] This clause is amended pursuant to Clause 18, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security to amend and supplement certain provisions of circulars on traffic order and safety on roads, railways, and inland waterways, which shall take effect from March 1, 2025.

^[30] The term "district-level public security agency" is replaced by the term "provincial-level public security agency" pursuant to Clause 19, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025 issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road, railway, and inland waterway traffic order and safety, which takes effect from March 1, 2025.

^[31] The phrase "hand over to the provincial public security agency" is replaced by the phrase "hand over to the Traffic Police Division" pursuant to Clause 19, Article 2 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security to amend and supplement certain provisions of circulars on traffic order and safety on roads, railways, and inland waterways, which shall take effect from March 1, 2025.

^[32] Article 14 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security to amend and supplement certain articles of circulars governing road traffic order and safety, railway traffic order and safety, and inland waterway traffic order and safety, shall take effect from March 1, 2025, and is stipulated as follows:

“Article 14. Implementation clause

1. This Circular takes effect from March 1, 2025.

2. The Director of the Traffic Police Corps shall be responsible for monitoring, guiding, inspecting, and urging the implementation of this Circular.

3. Heads of units under the Ministry, Directors of Public Security Departments of provinces and centrally-administered cities, organizations, and individuals concerned shall be responsible for implementing this Circular.

4. During the process of implementing this Circular, if there are difficulties or obstacles, local public security units shall report to the Ministry of Public Security (through the Traffic Police Corps) for timely guidance..