Circular number 13/VBHN-BCA stipulates the tasks, authorities, forms, and contents of inspection, supervision, and handling administrative violations related to railway traffic by Traffic Police. The document applies to officers and non-commissioned officers of Traffic Police, relevant police forces, and related agencies and organizations. Notably, it details regulations on uniforms, equipment, authorities, inspection contents, violation handling, and administrative violation resolution procedures.
적용 범위
Officers and non-commissioned officers of Traffic Police; relevant police forces; local police units; agencies, organizations, and individuals related to inspection, supervision, and handling of violations in the railway traffic sector.
핵심 사항
- Traffic Police officers perform inspection, supervision, and violation handling tasks according to the provisions of the Railway Law 2017 and the Administrative Violation Handling Law 2012 (amended and supplemented in 2020).
- Traffic Police officers are equipped with road traffic vehicles; technical equipment; weapons and support tools; and uniform regulations.
- Inspection and supervision include compliance with signal regulations, protection of railway infrastructure, vehicle conditions participating in railway traffic, and ensuring safety on railway lines.
- Administrative penalty enforcement follows a specific procedure, including establishing an administrative violation record, issuing a penalty decision, and returning seized items and documents.
- Circular takes effect from January 1, 2025.
🌐 이 문서의 사회적 영향
- Positive impact: Enhances railway traffic order and safety, reduces accidents and law violations.
- Negative impact: May impose financial burdens on businesses due to new compliance requirements.
- Benefit: Citizens are better protected in terms of safety on railway lines.
❓ 자주 묻는 질문
Who can Traffic Police officers inspect and supervise?
Traffic Police officers have the authority to inspect and supervise persons and vehicles participating in railway traffic according to the Railway Law 2017 and related laws.
How is administrative penalty enforcement carried out?
Administrative penalty enforcement is conducted by establishing an administrative violation record, issuing a penalty decision, and delivering the record to the person being penalized. In necessary cases, seized items and documents will be returned after the usage rights confiscation period has expired.
Can Traffic Police officers search people or vehicles?
In cases where there are signs of criminal activity or to prevent consequences, Traffic Police officers may conduct searches of people and vehicles according to legal provisions.
Can administrative penalties be enforced electronically?
Yes, administrative penalties can be enforced electronically when conditions regarding infrastructure, technology, and information are met.
When does this Circular take effect?
This Circular takes effect from January 1, 2025.
전문
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| SOCIALIST REPUBLIC OF VIET NAM
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CIRCULAR
REGULATIONS ON THE WORK OF INSPECTION, SUPERVISION AND HANDLING OF VIOLATIONS OF LAWS IN THE FIELD OF RAILWAY TRAFFIC BY TRAFFIC POLICE
Circular No. 63/2024/TT-BCA dated November 12, 2024, issued by the Minister of Public Security on the work of inspection, supervision and handling of violations of laws in the field of railway traffic by traffic police, which takes effect from January 1, 2025, has been amended and supplemented by:
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 regulating traffic order and safety on roads, railways, and inland waterways, which takes effect from March 1, 2025.
Pursuant to the Railway Law dated June 16, 2017;
Pursuant to the Law on People's Public Security dated November 20, 2018; the Law Amending and Supplementing Certain Provisions of the Law on People's Public Security dated June 22, 2023;
Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;
Pursuant to Decree No. 100/2019/NĐ-CP dated December 30, 2019 of the Government stipulating administrative penalties for violations in the field of road traffic and railway traffic; Decree No. 123/2021/NĐ-CP dated December 28, 2021 of the Government amending and supplementing certain provisions of decrees stipulating administrative penalties in the fields of maritime transport; road traffic and railway traffic; civil aviation;
Pursuant to Decree No. 118/2021/NĐ-CP dated December 23, 2021, issued by the Government, detailing certain provisions and measures to implement the Law on Handling Administrative Violations;
Pursuant to Decree No. 135/2021/NĐ-CP dated December 31, 2021 of the Government stipulating the list, management, and use of technical equipment and procedures for collecting and using data obtained from technical equipment provided by individuals and organizations to detect administrative violations;
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 on the work of inspection, supervision, and handling of violations of laws in the field of railway traffic by traffic police.[1]
Chapter I. GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular stipulates principles, tasks, powers, uniforms, equipment, technical devices, weapons, auxiliary tools, contents, procedures for inspection, supervision, and handling of violations of laws in the field of railway traffic by traffic police.
Article 2. Applicability
This Circular applies to:
1. Traffic police officers (hereinafter referred to as traffic police officers) perform tasks of inspection, supervision, and handling of violations of laws in the field of railway traffic (hereinafter referred to as inspection, supervision, and handling of violations); other forces related to the People's Public Security.
2. Public security units and localities.
1. Comply with the provisions of the Railway Law 2017, the Administrative Violation Handling Law 2012 (amended and supplemented in 2020), this Circular, and other relevant laws.
2. Perform assigned tasks fully and properly according to regulations and inspection plans approved by competent authorities; ensure democracy in traffic safety assurance work; rules of conduct and Regulations of the People's Public Security.
3. Timely detect, prevent, and handle violations of law in the railway traffic sector and other violations of law according to prescribed procedures, formalities, and authority.
2. Strictly and fully implement assigned tasks according to regulations and inspection plans already issued by competent authorities; ensure democracy in traffic order and safety assurance work; follow conduct rules and the Regulations of the People's Public Security.
TASKS AND POWERS OF TRAFFIC POLICE IN INSPECTION AND SUPERVISION OF RAILWAY TRAFFIC
Chapter II. Article 4. Tasks of Traffic Police in inspection and supervision of railway traffic
Chapter 1. TASKS AND POWERS OF TRAFFIC POLICE IN INSPECTION AND SUPERVISION OF RAILWAY TRAFFIC
Article 4. Tasks of Traffic Police in Inspection and Supervision of Railway Traffic
1. Implement orders and plans for inspection, supervision, and handling of violations issued by competent authoritiespoint inspect, supervise and handle violations that have been issued by competent authorities.
2. Inspect, supervise, and handle violations, ensuring security, order, and safety in railway trafficpoint inspect, supervise and handle violations, ensure security, order, and traffic safety on roads within the assigned route and area. 3. Timely detect, prevent, and handle acts violating laws in railway traffic, other violations of laws, and ensure security and order as prescribed; cooperate with relevant agencies and units to detect and prevent acts violating regulations on protecting railway works and traffic safety zones.
3. Detect, promptly prevent and handle acts violating the law within 领域 road trafficcut, other violations of the law, and ensure security and order in accordance with regulations; cooperate with relevant agencies and units to detect and prevent acts violating regulations for protecting railway workscut and traffic safety zonescut.
4. Cooperate in investigating, clarifying, and resolving railway traffic accidents in accordance with laws and regulations of the Ministry of Public Security. comply with the regulation inspect, investigate, resolve railway traffic accidents in accordance with the law and the Ministry of Public Security.
5. Directly cooperate with units inside and outside the People's Public Security force to combat crime and other illegal acts on railway routes; participate in preventing terrorism, riots, and public disturbances; preventing epidemics, natural disasters, firefighting, rescue, and relief operations on railway routes as prescribed. continue, cooperate with units inside and outside the People's Public Security force to combat crime and other acts violating the law on various traffic routesroadparticipate in preventing terrorism, suppressing riots; preventing and controlling epidemics, natural disasters; fire prevention, firefighting, rescue, and assistance on traffic routes TO 8. Through inspection, supervision, and handling of violations, perform the following tasks:cut in accordance with regulations.
8. Through inspection, supervision, and handling of violations, perform the following tasks:
a) Identify weaknesses, deficiencies, and inadequacies in state management of railway operations to report and propose timely measures to competent authorities to address them;
a) Identify weaknesses, deficiencies, and inadequacies in state management of railway activities to report and propose timely measures to competent authorities to address them.point inspect, supervise and handle violations to perform tasks:
b) Guide, disseminate, and mobilize the people to participate in ensuring railway traffic order and safety and comply with laws on railway traffic. loopholes, shortcomings, 1. Inspect and supervise persons and vehicles related to railway traffic activities in accordance with the Railway Law 2017 and related laws.cut to report and propose to competent authorities to make recommendations to relevant agencies to take timely measures to address them;
2. Apply measures to prevent and handle administrative violations and other acts violating laws, and ensure security and order as prescribed.cut.
9. Perform other tasks of the People's Public Security force as prescribed by law.
Article 5. Powers of Traffic Police in inspecting and controlling railway traffic
1. Inspect, supervis e persons and means of transportation related to railway operations according to the Railway Law 2017 and related laws.
3. In urgent situations to protect national security, maintain social order and safety, or prevent ongoing or potential damage to society, traffic police officers performing inspection and supervision duties may mobilize vehicles, communication means, and their operators under the Law on Public Security Organs 2018 (amended and supplemented in 2023). Mobilization can be done directly or through written requests. 领域 road trafficcutother illegal acts and ensuring security and order in accordance with regulations.
3. In urgent cases to protect national security, maintain social order and safety, or to prevent ongoing or imminent damage to society, officers staff 4. Be equipped and use road traffic vehicles; technical equipment; weapons; auxiliary tools; communication means; and other technical means as prescribed by the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020); the Law on Management and Use of Weapons, Explosives, and Auxiliary Tools 2024; and other relevant legal provisions.
4. Be equipped and use motor vehicles; technical equipment and tools; weapons and auxiliary tools; communication devices; other technical means in accordance with the Administrative Violations Handling Law 2012 (amended and supplemented in 2020); Weapons, Explosives, and Auxiliary Tools Management and Usage Law 2024; other relevant legal provisions and of Ministry of Public Security.
5. Exercise other powers of the People's Public Security Force as prescribed by law.
Section 2. UNIFORMS, EQUIPMENT AND WEAPONS, SUPPORT TOOLS OF TRAFFIC POLICE WHEN INSPECTING AND CONTROLLING RAILWAY TRAFFIC
Article 6. Uniforms of Traffic Police when inspecting and controlling railway traffic
1. When performing inspection and control tasks, traffic police officers shall wear police uniforms and wear cross belts as prescribed.
In cases where inspections and controls are conducted through technical means and equipment, a part of traffic police officers may be dressed in civilian clothes.
2. Tasks of traffic police officers wearing civilian clothes
a) Operating and using technical means and equipment, monitoring traffic order and safety, detecting violations of laws in the railway traffic sector and other violations of laws. Upon discovering violations, they must immediately notify the public inspection and control team (wearing police uniforms) to conduct inspections, controls, and handle violations;
b) In cases of discovering serious violations concerning railway traffic, security, social order, if not promptly prevented will cause dangerous consequences for society, causing damage to the property of agencies, organizations, and individuals, harm to the lives, health of traffic participants, they shall use their People's Police Identity Card to inform, mobilize N |||citizens to cooperate, immediately stop the violation; report and coordinate with the public inspection and control team, related forces to resolve the issue at the location where the violation was discovered or bring the violator to the nearest police station for resolution. trainees, conduct public inspections, and related forces to resolve violations at the scene or bring violators to the nearest police station for resolution.
The Head of the Traffic Control Patrol Department under the Traffic Police Corps (hereinafter referred to as the Head of the Traffic Control Patrol Department) and the Head of the Traffic Police Department[2] or higher shall decide whether to wear police uniforms or civilian clothes when using technical means and equipment and must clearly record this in the inspection and control plan.
Article 7. Equipping traffic control vehicles, technical equipment, weapons, and support tools
Traffic vehicles equipped include:cars, motorcycles; special-purpose vehicles issue installed with signal lights and sirens according to the provisions of the law and in the following form:
a) Cars: On both sides of the car body, there are reflective materials with the words "TRAFFIC POLICE" in size 10cm x 10cm, stroke width 03cm, evenly distributed on both sides of the car body; on both front doors, there are reflective materials with the words "TRAFFIC POLICE", the maximum size of which is two-thirds of the size of the words "TRAFFIC POLICE" and a traffic police badge between the words "TRAFFIC" and "POLICE". Depending on the type of vehicle, the paint color of the vehicle is arranged with appropriate spacing between letters and words, white or blue letter colors for balance and suitability;
b) Motorcycles: On both sides of the fuel tank or both sides of the body or both sides of the trunk, above are reflective materials with the words "C.S.G.T", below are reflective materials with the words "TRAFFIC POLICE"; the maximum size of the words "TRAFFIC POLICE" is two-thirds of the size of the words "C.S.G.T". Depending on the type of vehicle and paint color, the size of the letters, spacing between letters, and white or blue letter colors are arranged for balance and suitability;
c) Special-purpose vehicles: On both sides of the cargo bed or body, there are reflective materials with the words "TRAFFIC POLICE" in size 10cm x 10cm, stroke width 03cm; on both front doors, there are reflective materials with the words "TRAFFIC POLICE", the maximum size of which is two-thirds of the size of the words "TRAFFIC POLICE" and a traffic police badge between the words "TRAFFIC" and "POLICE". Depending on the type of vehicle and paint color, the spacing between letters and words, and white or blue letter colors are arranged for balance and suitability.
2. Weapons and support tools equipped include: firearms, pepper spray, electric batons, bulletproof vests, handcuffs, traffic command sticks.
3. Technical means and equipment are provided and used in accordance with the provisions of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020), Decree No. 135/2021/NĐ-CPdated September/12/2021 of the Government stipulating the list, management, and use of technical means and equipment and procedures for collecting, using data obtained from technical equipment provided by individuals and organizations to detect administrative violations (hereinafter referred to as Decree No. 135/2021/NĐ-CP) and standards and quotas as prescribed by the Ministry of Public Security.
4. Communication devices, including: Bradios, telephones, fax machines, computers, printers.
5. Other, loudspeakers, barriers, cone-shaped posts, warning signs of, ropes stretched, lights illuminating (if necessary) 6. A.
ll other technical means and equipment;others weapons and auxiliary tools are equipped in accordance with the provisions of the law and the Ministry of Public Security. of the law and the Ministry of Public Security.
Section 3. CONTENT, PROCEDURE FOR INSPECTION AND SUPERVISION OF RAILWAY TRAFFIC
Article 8. Issuance of Inspection, Supervision, and Violation Handling Plans in the Railway Traffic Field
1. The Director of the Highway Police Department shall advise the Minister of Public Security to issue plans or directly issue plans for inspection, supervision, and handling of violations of laws in the railway traffic field throughout the country.
2. The Director of Provincial Police (hereinafter referred to as the Provincial Police Director) shall issue plans for inspection, supervision, and handling of violations of laws in the railway traffic field within the administrative boundaries of the province.
3. The Head of the Patrol and Traffic Control Guidance Department; Railway Traffic Control Department; The Head of the Highway Police Department;[3] shall issue plans for inspection, supervision, and handling of violations of laws in the railway traffic field within their assigned routes and areas according to the regulations of the Ministry of Public Security.
4. The Heads of the following Teams: Railway Traffic Police Team; Highway Traffic Police Team;;[4] Traffic Police Station; shall organize the implementation of inspection, supervision, and violation handling plans in the railway traffic field for subordinate Traffic Police Groups (according to the model prescribed by the Ministry of Public Security).
Clause 5. Local police units that have been equipped with databases for managing inspection activities implement the construction, approval, and storage of plans in electronic environments.
Article 9. Implementation of plans for inspection, supervision, and handling of violations in the field of railway traffic
1. The Head of the Traffic Police Group: Before implementing the plan, the Head must disseminate and ensure understanding among group members regarding the content of the plan and related matters; check the preparation work for inspection, supervision, and violation handling; take attendance; check uniforms; People's Public Security identification cards (when arranging officers to wear civilian clothes);orders of the People's Public Security; road traffic vehicles; technical equipment;weapons and auxiliary tools; relevant forms;; and other technical equipment;; remind each member of their position and tasks; issue orders to execute tasks when all conditions are fully met and safe. 3. Road traffic vehicles;other technical equipment
2. Team Member: Master the content of the plan, tasks, and communication methods; proactively prepare for work as assigned by the Team Leader.
provided to the Traffic Police Group must be managed and used according to regulations; specifically recorded in the Vehicle Handover and Usage Register; technical equipment; weapons and auxiliary tools (according to the model prescribed by the Ministry of Public Security).; and other technical equipment;; weapons and auxiliary toolsArticle 10. Conducting Inspection and Supervision of Railway Traffic 1. When inspecting and supervising participants in railway traffic, railway staff directly serving train operations, and police officers assigned to inspection duties,
shall perform as follows:
a) Follow the orders of the People's Public Security except in cases where it is known beforehand that the person is committing a criminal act, caught in the act of committing a crime, being sought, or wanted; staff When interacting with persons who have violated the law, police officers must maintain proper posture, etiquette, demeanor, and appropriate conduct; b) Inform the person being inspected and supervised
of the reasons for inspection (supervision; request presentation of relevant documents for inspection and supervision;In cases where the person being inspected and supervised presents paper documents, directly inspect and compare these documents and conduct related information searches in the administrative violation processing database
concerning traffic order and safety other databases; In cases where the person being inspected and supervised presents information integrated and updated in the electronic ID card, electronic identity account on the National Identity Application, managed by the Ministry of Public Security, then conduct inspection and supervision through this information in the electronic ID card, electronic identity account on the National Identity Application, database b) Inform the person which has the same effect as direct document inspection. stipulating 2. Implement inspection.
supervision of contents as stipulated in Article 11 of this Circular. 3. Upon completion of inspectionsupervision, police officers report the results of inspection and supervision to the Group Leader; inform the person
and those related of the results of inspection supervision, violation behavior (if any).
measures taken. b) Inform the person 4. When
there is evidence to believe b) Inform the person that participants in traffic other databases; transport means, objects conceal items, means b) Inform the person documents and used to commit administrative violations, then
search the person search transport means, objects according to the law on handling administrative violations Industry and In case of discovering signs of criminal offenses, then, implement according to the law on criminal procedure.The content of inspection and supervision is carried out in accordance with the Law on Railways 2017; December 30 amended and supplemented by Law No. 87/2025/QH15; 2019 of the Government stipulating administrative penalties for violations in the fields of road traffic and railways; Decree No. 123/2021/NĐ-CP dated November, 2021 of the Government.
5. If signs of criminal activity are discovered, shall be handled in accordance with the Criminal Procedure Law.
Article 11. Contents of inspection and supervision of railway traffic
The content of inspection and supervision shall be carried out in accordance with the Railway Law 2017; Decree No. amending and supplementing one day 30/12/2019 of the Government stipulating administrative penalties for violations in road traffic and railways; Decree No. 123/2021/NĐ-CP dated August/12/2021 of the Government Pursuant to Decree No. 135/2021/ND-CP dated December 31, 2021 of the Government stipulating the list, management, and use of technical equipment and procedures for collecting and using data obtained from such equipment provided by individuals and organizations to detect administrative violations;numberArticle of Decrees stipulating administrative penalties in the maritime sector; road traffic, railway; civil aviation, and the following provisions:
1. Inspection and supervision of compliance with regulations on signals and traffic rules for railway traffic.
2. Inspection and supervision of compliance with regulations on protecting railway infrastructure.
3. Inspection and supervision of conditions for participation in railway traffic, guiding information, passenger service equipment, safety devices on railway transport vehicles.
4. Inspection and supervision of conditions prescribed for railway staff directly serving train operations when working.
5. Inspection and supervision of compliance with regulations on ensuring railway traffic safety by railway staff when performing assigned duties and responsibilities.
6. Inspection and supervision of compliance with traffic rules at intersections of roads with railways at the same level, shared road bridges with railways, railway tunnels, and within the safe traffic zone of railways.
7. Inspection and supervision of compliance with regulations on ensuring security, order, and safety in railway traffic on various railway lines by organizations and individuals.
8. Inspection and supervision of compliance with regulations on passenger and baggage transportation, cargo transportation on railways; compliance with regulations on load capacity, transportation of oversized and overweight goods.
Article 12. Detection of administrative violations through technical means and equipment
1. Staff members Traffic police usetechnical means and equipment to detect, collect acts of violation of laws in the field of railway traffic.
2. The results collected obtained through technical means and equipment are photographs, images, printed forms, measurement readings, data stored in the memory of technical means and equipment; are compiled, listed, printed as photographs or recorded in the file of the violation act and stored in the administrative violation case file in accordance with the law and regulations of the Ministry of Public Security on record keeping.
3When technical means and equipment detect and collect information, images about acts of violation of laws in the field of railway traffic, the authorized person imposes penalties implements as follows:
a) Organizes inspection forces to check, control, and handle violations according to regulations. In cases where the violator requests to view the information, images, and results collected regarding the violation act, the Traffic Police Team allows viewing at the inspection site; if there is no information, images, or results at the inspection site, guide the violator to view when handling the violation at the unit's headquarters;
b) In cases where inspection, supervision, and handling of violations cannot be carried out, implement according to the provisions of Article 18 of this Circular.
Article 13. Handling violations; coordinating investigations and resolving railway traffic accidents during inspections and supervision
1. When detecting acts of administrative violations during inspection and supervision within the management scope, staff members performing their duties must promptly stop the violation act, issue an administrative violation report, impose an administrative penalty decision within their authority, or transfer it to the competent authority for handling according to regulations.
2. In cases where immediate action is needed to stop administrative violations or to ensure the handling of administrative violations, the Traffic Police Team Leader considers and decides within their authority or reports to the authorized person to apply preventive measures and ensure the handling of administrative violations according to the law on handling administrative violations; if necessary, they request relevant functional forces to cooperate in implementation. The decision to apply preventive measures and ensure the handling of administrative violations shall not affect train operations.
3. In cases where related documents of individuals and transportation vehicles have been integrated and updated in electronic identification cards, electronic identity accounts on the National Identification Application managed by the Ministry of Public Security, then when applying temporary detention measures for documents, the authorized person implementing the temporary detention performs the temporary detention of documents electronically, updates information about the temporary detention of those documents into the administrative violation processing database, and synchronizes with the National Identification Application so that the violator can be informed and comply with the legal regulations on railway traffic order and safety, serving the inspection, supervision, and handling of violations by competent functional forces.
Types of violation reports and decisions of the authorized person in the temporary detention and return of documents are carried out according to the prescribed legal forms and may be established and sent electronically via the National Identification Application, other applications, and electronic information systems when technical conditions permit.
4. Administrative violation reports are established using pre-printed forms or based on the administrative violation processing database; request the violator to provide contact phone number (if available) to receive penalty information through the National Public Service Portal, the Ministry of Public Security Public Service Portal (hereinafter referred to as the Public Service Portal). The delivery of administrative violation reports to violators is implemented in accordance with Article 58 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020) and Article 12 of Government Decree No. 118/2021/NĐ-CP dated December 23, 2021 detailing certain provisions and enforcement measures of the Law on Handling Administrative Violations 2012 (hereinafter referred to as Decree No. 118/2021/NĐ-CP).
5. Implementing penalties for violations of traffic rules at road intersections at the same level as railways, shared road-rail bridges, and within the railway traffic safety zone:
a) The imposition of penalties on individuals and vehicles participating in road traffic violations at intersections of roads at the same level with railways is carried out according to the patrol, inspection, and administrative violation handling procedures in the field of road traffic;
b) Penalties for violations by railway staff and related violators are implemented according to Clause 1, Clause 2, Clause 3, and Clause 4 of this Article.
6. Coordination investigate, verify, handle railway traffic accidents
The Traffic Police Unit performs the task of inspecting and supervising to detect traffic accidents on railways or is assigned by the unit leader to the accident scene, on railwaysmust promptly deploy forces present at the scene and carry out the tasks of traffic police officers assigned to the railway traffic accident scene according to the regulations of the Ministry of Public Security regarding the assignment of responsibilities and coordination relationships in the work of investigating and handling traffic accidents and the Railway Traffic Accident Investigation and Handling Procedures of the Traffic Police Force.
Article 14. Record in the Inspection and Supervision Logbook for Railway Traffic
1. When each case is resolved, it must be immediately recorded in the Inspection and Supervision Logbook for Railway Traffic according to the model prescribed by the Ministry of Public Security (briefly, clearly, and continuously in chronological order).
2. For violation cases: Record the time (hour, minute, day); location (mileage, place name, route, area); inspection of transportation means, license plate number, registration number; inspected subject; violation act; measures taken by Traffic Police, including: Warning, decision to issue a warning penalty, fine (record the decision number), administrative violation report already established (record the report number), preventive measures, other measures applied.
3. Traffic accidents, traffic congestion, criminal activities, and other incidents: Record the time (hour, minute, day), location (mileage, place name, route, area) where the incident occurred; summarize the incident; resolution results; coordinating forces (if any).
Article 15. Completion of Traffic Control
When the inspection and control period ends, the Traffic Police Team must perform the following tasks:
1. The Team Leader organizes a meeting of the Team to draw lessons, comment, evaluate strengths, shortcomings, propose opinions, record in the logbook in the Inspection and Supervision Logbook for Railway Traffic regarding the situation of railway traffic order and safety, inspection and supervision results, violation handling, related issues, proposals, recommendations, and sign confirmation.
2. Report the situation and results of the inspection and control of the team.
3. Hand over to the unit's management officer: Files of administrative violation cases, relevant documents and materials; seized items, temporarily detained transportation means; fines collected on the spot; documents and images collected using technical equipment or other means; road transportation means; technical equipment; weapons, support tools, and other equipment. The handover must be recorded in the book according to the model prescribed by the Ministry of Public Security, the person handing over and the person receiving have the responsibility to sign, clearly state their full names, and bear responsibility before the unit head for the handover.
Section 4. HANDLING AND DEALING WITH VIOLATIONS AT THE UNIT'S HEADQUARTERS
Article 16. Allocation of Personnel and Locations for Resolution and Handling of Violations
1. Units and local public security agencies allocate personnel and locations for resolving and handling violations in accordance with the law and regulations of the Ministry of Public Security.
2. The location for handling violations should be arranged in a convenient position with suitable area, solemn atmosphere, seating for those coming to resolve matters; post diagrams indicating the working area, citizen reception schedule; identification signs of officers performing duties; telephone numbers; citizen reception rules; suggestion box and contents of some documents related to inspection, supervision, and handling of violations in the field of railway traffic.
Article 17. Procedure for Resolving and Handling Violations
1. When the violator comes to resolve the violation, proceed as follows:
a) Accept the administrative violation report from the violator and compare it with the violation file (in case the administrative violation report is lost, carefully compare the personal information of the violator with the violation file); do not resolve the case for intermediaries (except in cases authorized by law) or outside the designated location for handling administrative violations of the unit. For cases requiring further investigation, report and propose to the competent authority to organize verification;
b) Notify the form of punishment, level of penalty, preventive measures, other measures, and the results of collecting violation acts using technical equipment according to regulations.
In cases where licenses and certificates have been integrated and updated in the electronic ID card, electronic identity account on the National Identification Application, managed by the Ministry of Public Security, when applying the measure of revoking the right to use licenses and certificates, the competent authority shall implement the revocation of such documents electronically, update the information about the revocation of the right to use licenses and certificates in the administrative violation processing database, and synchronize the information with the National Identification Application and the database managed by the Ministry of Public Security so that the violator can know and comply with the regulations on railway traffic order and safety, serving the inspection, supervision, and handling of violations by competent authorities.
c) Deliver the administrative violation penalty decision to the person being penalized or their legal representative or authorized agent;
d) Receive, check, and compare the payment receipt (or other payment receipt as prescribed by law) with the administrative violation file and retain the file;
d) Return seized items, means, and documents whose use rights have been revoked to the person penalized through administrative procedures. If such documents contain information about seizure or revocation of use rights on the National Identification Application, managed by the Ministry of Public Security, the competent authority issuing the decision shall prepare a return document for the person penalized; simultaneously update the administrative violation processing database to synchronize the information with the National Identification Application and the database managed by the Ministry of Public Security regarding the removal of the seizure and revocation of use rights information of such documents;
e) In cases handled based on administrative violation notifications regarding railway traffic order and safety: Check and compare the information on the notification paper, the violator's identification documents; allow the violator to view the results of collecting violation acts using technical equipment; prepare an administrative violation report and handle the violation according to regulations.
2. In cases where the violator pays the administrative violation fine through the Government Service Portal
a) The competent authority imposing penalties sends penalty information to the Government Service Portal; CThe Government Service Portal automatically notifies the violator to check the penalty decision information through the phone number provided to the police at the time of preparing the administrative violation report.
b) The violator accesses the Public Service Portal through the administrative penalty decision number that has been notified or the administrative violation record to search for information on the administrative penalty decision; pay the administrative penalty fine, register to reclaim temporarily withheld documents via the public postal service;
c) The authorized authority to impose penalties searches for the electronic receipt for collecting the administrative penalty fine sent back by the Public Service Portal system to print, file the administrative penalty case records, and serve as the basis for returning temporarily withheld documents, removing the information about temporary withholding from the National Identity Application, and the database managed by the Ministry of Public Security as stipulated in point d clause of this Article;
d) The authorized authority to impose administrative penalties returns temporarily withheld or revoked (when the revocation period expires) documents to the violator via the public postal service. In cases where those documents contain information about temporary withholding or revocation on the National Identity Application and the database managed by the Ministry of Public Security, then the administrative violation processing database synchronizes information with the National Identity Application and the database managed by the Ministry of Public Security to remove the information about temporary withholding or revoking those documents;
3. In cases where the violator pays the administrative fine through public postal services, it shall be implemented according to the provisions of Article 20 of Decree No. 118/2021/NĐ-CP of the Government;
4. Administrative penalties in the electronic environment shall be implemented when the infrastructure, technical, and information conditions are met; a) Determine information about vehicles, vehicle owners, organizations, and individuals related to administrative violations through the vehicle registration agency, the national population database, and relevant agencies;
Article 18. Procedures for handling results collected by technical means and equipment for cases of violations but unable to conduct inspections, controls, and administrative penalties;
1. Within ten days from the date of discovering the violation, the authorized authority to impose penalties of the police agency where the administrative violation was discovered shall perform the following actions:
Notify the vehicle owner, organization, or individual related to the administrative violation to the police station where the violation was discovered or to the traffic police stations under the Traffic Police Department where they reside or have their offices to resolve the administrative violation case if travel is difficult and direct access to the police station where the violation was discovered is not possible, as provided for in Clause 2 Article 15 Decree No. 135/2021/ND-CP. The notification of the violation is made in writing or electronically (when meeting the infrastructure, technical, and information conditions);
b)[5] When the vehicle owner, organization, or individual related to the administrative violation comes to the police station to resolve the administrative violation case, the authorized authority to impose administrative penalties proceeds to resolve and handle the violation case according to Clause 1 Article 15
Decree No. 135/2021/ND-CP; Decree No. 135/2021/NĐ-CP.
Article 19. Collecting and using data (information, images) obtained from technical means provided by individuals or organizations to detect administrative violations
The process of collecting and using data (information, images) obtained from technical means provided by individuals or organizations to detect administrative violations is carried out in accordance with Chapter III of Decree No. 135/2021/ND-CP and the following provisions:
1. Traffic Police Units shall undertake receiving and collecting data (information, images), including:
a) The Road Patrol and Traffic Control Department for land and rail roads;
b) The Traffic Police Department;
c)[6] (Repealed)
2. The Traffic Police Unit specified in Clause 1 of this Article is responsible for publicly announcing the location, postal address, email address, electronic portal, website, or hotline number of the unit so that individuals and organizations can provide; organize duty shifts 24/24 hours to receive and collect data (information, images);
3. Traffic Police officers, upon receiving and collecting data (information, images), must review and classify them; if they meet the prescribed requirements, they must record in the tracking logbook and report to the competent authority's head as follows:
a) In cases where the data (information, images) reflect ongoing acts of violating traffic order and safety on railway lines or areas under their responsibility, organize forces to inspect, control, detect, and handle violations. If the reflected violation has ended, take verification measures and handle it according to the law;
b) In cases where the violation does not fall within the route or area under their responsibility, they shall notify the competent Traffic Police Unit to implement verification and penalty measures according to the law;
4. Based on the verification results stipulated in Clause 3 of this Article, the competent authority's head who handles the case shall send notifications and invite the vehicle owner, individual, or organization reported to the police station that issued the notification to clarify the case..
Article 20. Coordination and receipt of results obtained from technical means and equipment provided by organizations entrusted with managing, operating, maintaining railway infrastructure and conducting transportation business. 1. Traffic police units assigned the task of inspecting, controlling along their respective routes and areas shall coordinate with organizations entrusted with managing, operating, maintaining railway infrastructure and conducting transportation business to implement:
a) Exploiting and using data from traffic management cameras, vehicle tracking devices, and cameras installed on transportation business vehicles of organizations entrusted with managing, operating, maintaining railway infrastructure and conducting transportation business to serve traffic order and safety assurance and combat criminal activities on the railway line in accordance with the law; b) Receiving results obtained from technical means (axle load measuring devices, audio and video recording devices, traffic management camera systems, cameras installed on transportation business vehicles) as stipulated in Article 22 of Decree No. 135/2021/NĐ-CP for administrative offense identification and handling in the field of railway traffic. After receiving the results, they shall proceed according to Clause 3 of Article 12 and Article 18 of this Circular (the violator must report to the public security agency for resolution and handling of the case).
2. The technical means and equipment specified in point b of Clause 1 of this Article must be managed and used in accordance with the Law on Handling Administrative Violations (amended and supplemented in 2020) and Decree No. 135/2021/NĐ-CP.
3. When receiving results obtained from technical means and equipment specified in point b of Clause 1 of this Article (photographs, images, printed reports, measurement indices, data stored in the memory of technical means and equipment), they must be recorded in a logbook, signed off, and included in the administrative penalty file.2. Circular No. 32/2018/TT-BCA dated October 8, 2018, of the Minister of Public Security prescribing procedures, contents of inspection, control, and handling of administrative violations in the field of railway traffic by traffic police forces ceases to be effective from the date this Circular takes effect.3. In case the legal normative documents cited in this Circular are amended, supplemented, or replaced, the cited content in this Circular will also be adjusted and implemented according to the amended, supplemented, or replaced legal normative documents.1. The Director of the Traffic Police Department is responsible for directing, guiding, inspecting, and urging local public security agencies to enforce this Circular.) 3. During the implementation of this Circular, if there are difficulties or obstacles, local public security agencies shall report to the Ministry of Public Security (through the Traffic Police Department) for timely guidance. Number: 13/VBHN-BCA a) Providing testimonies and expert opinions for the case for which they have been summoned; FUNCTION Circular No. 13/2025/TT-BCA dated February 28, 2025, of the Minister of Public Security amending and supplementing certain provisions of circulars regulating traffic order and safety on roads, railways, and inland waterways is based on the following grounds: On the basis of the Law on Inland Waterway Transport dated June 15, 2004; the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport dated June 17, 2014; the Law Amending and Supplementing Certain Provisions of 37 Laws Related to Planning dated November 20, 2018; The term "Head of the Public Security Board of the district, town, city under province, centrally governed city (hereinafter referred to as Head of the Public Security Board at the district level)" is abolished pursuant to point a, Clause 2, Article 5 of Circular No. 13/2025/TT-BCA dated February 28, 2025, of the Minister of Public Security amending and supplementing certain provisions of circulars regulating traffic order and safety on roads, railways, and inland waterways, which becomes effective from March 1, 2025.The term "Head of the Public Security Board at the district level" is abolished pursuant to point b, Clause 2, Article 5 of Circular No. 13/2025/TT-BCA dated February 28, 2025, of the Minister of Public Security amending and supplementing certain provisions of circulars regulating traffic order and safety on roads, railways, and inland waterways, which becomes effective from March 1, 2025.
The term "Traffic Police - Order Maintenance Team" is abolished pursuant to point c, Clause 2, Article 5 of Circular No. 13/2025/TT-BCA dated February 28, 2025, of the Minister of Public Security amending and supplementing certain provisions of circulars regulating traffic order and safety on roads, railways, and inland waterways, which becomes effective from March 1, 2025.This point is amended pursuant to Clause 1, Article 5 of Circular No. 13/2025/TT-BCA dated February 28, 2025, of the Minister of Public Security amending and supplementing certain provisions of circulars regulating traffic order and safety on roads, railways, and inland waterways, which becomes effective from March 1, 2025. 2012 This point is abolished pursuant to Clause 3, Article 5 of Circular No. 13/2025/TT-BCA dated February 28, 2025, of the Minister of Public Security amending and supplementing certain provisions of circulars regulating traffic order and safety on roads, railways, and inland waterways, which becomes effective from March 1, 2025. and Decree No. 135/2021/NĐ-CP.
3. When receiving results obtained from technical equipment as prescribed in Point b Clause 1 of this Article (photographs, images, printed sheets, measurement data, data stored in memory of technical equipment), must be recorded in the logbook, signed for receipt and transfer and file for administrative violation penaltiespriority Industry and 2. Circular No. 32/2018/TT-BCA dated October 8, 2018 of the Minister of Public Security prescribing procedures, contents of inspection, supervision, and handling of administrative violations in the field of railway traffic by traffic police units becomes invalid from the date this Circular takes effect. in accordance with regulations.
Chapter III. IMPLEMENTING PROVISIONS [7]
Article 21. Effective Date
1. This Circular shall take effect from January 1, 2025.
3. Legal regulatory documents cited in this Circular, when amended, supplemented, or replaced, the content cited in this Circular will also be adjusted and implemented in accordance with the amended, supplemented, or replaced legal regulatory documents.
1. The Director of the Traffic Police Department is responsible for directing, guiding, inspecting, and urging
Article 22. Responsibility for enforcement
local public security units to implement this Circular. 3. During the implementation of this Circular, if there are difficulties or obstacles, local public security units should report to the Ministry of Public Security (through the Traffic Police Department) for timely guidance
2. Heads of units under the Ministry of Public Security and Directors of provincial-level public security departments are responsible for implementing this Circular.
Number: 13/VBHN-BCA./.
| MINISTRY OF PUBLIC SECURITY Circular No. 13/2025/TT-BCA dated February 28, 2025 of the Minister of Public Security amending and supplementing certain articles of circulars regulating traffic order and safety on roads, railways, and inland waterways is based on the following grounds for issuance:
Place of Receipt: | CERTIFIED CONSOLIDATED DOCUMENT
Hanoi, April 26, 2025
THE MINISTER |
[1] Based on the Inland Waterway Transport Law dated June 15, 2004; the Law Amending and Supplementing Certain Articles of the Inland Waterway Transport Law dated June 17, 2014; the Law Amending and Supplementing Certain Articles of 37 Related Laws on Planning dated November 20, 2018;
“The term "Head of the Public Security of the district, town, city under province, centrally governed city (hereinafter referred to as Head of the Public Security of the district)" is abolished pursuant to Point a Clause 2 Article 5 of Circular No. 13/2025/TT-BCA dated February 28, 2025 of the Minister of Public Security amending and supplementing certain articles of circulars regulating traffic order and safety on roads, railways, and inland waterways, effective from March 1, 2025.
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 "Head of the Public Security of the district" is abolished pursuant to Point b Clause 2 Article 5 of Circular No. 13/2025/TT-BCA dated February 28, 2025 of the Minister of Public Security amending and supplementing certain articles of circulars regulating traffic order and safety on roads, railways, and inland waterways, effective from March 1, 2025.
[3] The phrase “The term "Traffic Police - Order Maintenance Unit" is abolished pursuant to Point c Clause 2 Article 5 of Circular No. 13/2025/TT-BCA dated February 28, 2025 of the Minister of Public Security amending and supplementing certain articles of circulars regulating traffic order and safety on roads, railways, and inland waterways, effective from March 1, 2025.
[4] This point has been amended pursuant to Clause 1 Article 5 of Circular No. 13/2025/TT-BCA dated February 28, 2025 of the Minister of Public Security amending and supplementing certain articles of circulars regulating traffic order and safety on roads, railways, and inland waterways, effective from March 1, 2025.
[5] This point has been abolished pursuant to Clause 3 Article 5 of Circular No. 13/2025/TT-BCA dated February 28, 2025 of the Minister of Public Security amending and supplementing certain articles of circulars regulating traffic order and safety on roads, railways, and inland waterways, effective from March 1, 2025.
[6] This point is repealed pursuant to Clause 3, Article 5 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, and inland waterway traffic, which shall take effect from March 1, 2025.
[7] 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 traffic order and safety on roads, railways, and inland waterways, 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..
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