Circular No. 67/2024/TT-BCA stipulates the management and use of technical equipment in the People's Public Security and data obtained from devices provided by individuals and organizations. This circular applies to officers and non-commissioned officers of the People's Public Security, public security units and localities, and related agencies and organizations. Notably, it regulates the management, use, and technical maintenance of these devices according to the law.
Đối tượng áp dụng
Officers and non-commissioned officers of the People's Public Security; public security units and localities; agencies, organizations, and individuals related to the use of technical equipment in the People's Public Security.
Các điểm cốt lõi
- Officers and non-commissioned officers of the People's Public Security are trained on procedures, operations for using, and preserving technical equipment.
- Technical equipment must be inspected or calibrated before being put into use and must meet quality standards and technical regulations as prescribed by law.
- The procedure for using technical equipment must be carried out according to a plan and recorded in the management logbook.
- Data collected from technical equipment must be stored, preserved, and processed in accordance with the Law on Handling Administrative Violations.
- Public security units and localities have the responsibility to lease, manage, and use technical equipment in accordance with the provisions of the law.
🌐 Tác động xã hội từ văn bản này
- Positive impact: Enhance the effectiveness of administrative violation detection work through good management and use of technical equipment.
- Negative impact: Costs for leasing and maintaining equipment may increase, causing financial burdens for units.
❓ Câu hỏi thường gặp
What are officers and non-commissioned officers of the People's Public Security trained on?
Officers and non-commissioned officers of the People's Public Security are trained on management systems, procedures, operational techniques for using, and preserving technical equipment.
When must technical equipment be inspected or calibrated?
Technical equipment listed for inspection or calibration must be inspected or calibrated before being put into use according to the laws on measurement and other relevant laws.
How is data collected from technical equipment stored?
Data collected from technical equipment must be recorded in writing, stored, and preserved according to the Law on Handling Administrative Violations.
How do public security units and localities lease technical equipment?
Public security units and localities must comply with the legal provisions on managing and using state assets, bidding, state budget, and Decree No. 135/2021/NĐ-CP.
When does this circular take effect?
This circular takes effect from January 1, 2025.
Toàn văn
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| SOCIALIST REPUBLIC OF VIET NAM
|
CIRCULAR
REGULATIONS ON THE MANAGEMENT AND USE OF TECHNICAL EQUIPMENT IN THE PEOPLE'S POLICE AND DATA COLLECTED FROM SUCH EQUIPMENT PROVIDED BY INDIVIDUALS OR ORGANIZATIONS FOR THE PURPOSE OF DETECTING ADMINISTRATIVE VIOLATIONS
Circular No. 67/2024/TT-BCA dated November 12, 2024, issued by the Minister of Public Security, stipulates the procedures for managing and using technical equipment in the People's Police and data collected from such equipment provided by individuals or organizations for detecting administrative violations, which shall take effect from January 1, 2025, 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, railway traffic, inland waterway traffic, which shall take effect from March 1, 2025.
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 the Law on the Public Security Organs dated November 20, 2018; the Law Amending and Supplementing Certain Articles of the Law on the Public Security Organs dated June 22, 2023;
Pursuant to Decree No. 135/2021/NĐ-CP dated December 31, 2021, issued by the Government, stipulating the list, management, and use of technical equipment, and the procedures for collecting and using data obtained from technical equipment provided by individuals or organizations for detecting 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 hereby issues the Circular stipulating the procedures for managing and using technical equipment in the People's Police and data collected from technical equipment provided by individuals or organizations for detecting administrative violations.[1]
Chapter I. GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular stipulates on:
1. Procedures for managing and using technical equipment and the list of technical equipment that must be inspected, calibrated, or must ensure quality, standards, and technical regulations as prescribed by laws on product quality, and technical standards before being used to detect administrative violations related to traffic order and safety, environmental protection, fire prevention and firefighting, rescue operations, drug control, and alcohol abuse prevention in the People's Police (hereinafter referred to as administrative violations).
Article 2. Using data obtained from technical equipment provided by individuals or organizations for detecting administrative violations.
Article 2. Applicability
This Circular applies to:
Clause 1. Officers and non-commissioned officers of the People's Public Security assigned the task of managing and using technical equipment to detect administrative violations.
2. Public security units and localities.
3. Agencies, organizations, and individuals involved in the use of technical equipment in the People's Police; using data collected from technical equipment provided by individuals or organizations for detecting administrative violations.
Chapter II. SPECIFIC PROVISIONS
Clause 1. Organizations and units organizing training
1. Agency units organize training
a) Agencies or units authorized to equip and other technical equipment;, prior to equipping, have the responsibility to train officers and non-commissioned officers assigned to manage and other technical equipment; the agency or unit being equipped;
b) Agencies or units being equipped, assigned to manage and use technical equipment have the responsibility to organize training for officers and non-commissioned officers assigned to use technical equipment of their own agencies or units. 2. Training content includes:
Management system procedures, operation methods, maintenance of technical equipment, 1. Units managing and using technical equipment.
Clause 1. Units managing and using technical equipment include:
a) Traffic Police Corps, b) Explanation and calculation of cost components and profit of Electricity Corporation i, including:
Environmental Crime Prevention Police Corps; Narcotics Investigation Police Corps; Fire Prevention and Fighting Police Department; Public Security Mobile Force Command; Administrative Order and Social Order Management Police Corps; Immigration Management Corps; Social Order Crime Investigation Police Corps; Economic Crime Investigation Police Corps; Ministry of Public Security Inspectorate;; Provincial Public Security Departments , centrally governed cities (hereinafter referred to as provincial-level public security departments);Professional Departments or equivalent under the Traffic Police Corps, Administrative Order and Social Order Management Police Corps, Fire Prevention and Rescue Police Corps; professional departments under provincial-level public security departments including Traffic Police Department, Narcotics Investigation Police Department, Social Order Crime Investigation Police Department, Economic Crime Investigation Police Department, Environmental Protection Police Department, Administrative Order and Social Order Management Police Department, Fire Prevention and Rescue Police Department, Immigration Management Department, Public Security Mobile Force Battalion; Provincial-level Public Security Inspectorate; Public Security Mobile Force Battalion;
b) [2]b) Professional
units assigned the task of managing and using technical equipment to detect administrative violations ; Mobile Force Company; Police Stations;Rural Police, Urban Police, Town Police. a) Managing, using, and operating technical equipment in accordance with Articles 10, 11, and 12 of Decree No. 135/2021/NĐ-CP dated December 31, 2021, issued by the Government, stipulating the list, management, and use of technical equipment, and the procedures for collecting and using data obtained from technical equipment provided by individuals or organizations for detecting administrative violations (hereinafter referred to as Decree No. 135/2021/NĐ-CP); b) Establishing a logbook a) Managing, using, and operating technical equipment in accordance with Articles 10, 11, and 12 of Decree No. 135/2021/NĐ-CP dated December 31, 2021, issued by the Government, stipulating the list, management, and use of technical equipment, and the procedures for collecting and using data obtained from technical equipment provided by individuals or organizations for detecting administrative violations (hereinafter referred to as Decree No. 135/2021/NĐ-CP); for managing and tracking the use of technical equipment of the unit, including the following contents:
Point a) Managing, using, and operating technical equipment in accordance with Articles 10, 11, and 12 of 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 or organizations for detecting administrative violations (hereinafter referred to as Decree No. 135/2021/NĐ-CP);
Name of technical equipment (including memory card), type, serial number,
date of equipping , equipping agency or unit, technical condition, usage time, results recorded by technical equipment, signatures of the person handing over and receiving during the use of technical equipment, and other information serving the management work of the agency or unit, force. 3. Public security units and localities study the application of information technology to monitor,manage technical equipment. security units and localities study the application of information technology to monitor,, Technical equipment provided for detecting administrative violations and accompanying devices must be registered and reported to the Ministry of Public Security (through relevant corps according to the force) for monitoring. Professional departments under provincial-level public security departments compile
reports according to the force of local public security. Technical equipment can only be installed and used when there is a decision or plan approved by the competent authority as stipulated in Article 12 of Decree No. 135/2021/NĐ-CP
Article 5. Procedure for using technical equipment and devices
1. a) Based on the approved plan, units managing and using technical equipment establish a regular Industry and schedule||| report ||| to the Ministry of Public Security (through relevant bureaus according to the force system) for monitoring. The business units under the provincial public security agencies collect ||| reports ||| according to the force system of local public security agencies.
2. ||| Technical equipment can only be installed and used when there is a decision and plan approved by the competent authority as stipulated in Article 12 of Decree No. 135/2021/NĐ-CP.
a) Based on the approved plan, the unit managing and using technical equipment establishes a regular schedule ||| annually Article regarding the use of technical equipment and devices, shall be submitted for approval by the competent authority. In case of emergency use, the unit managing and using the technical equipment and devices shall implement according to the decision of the competent authority;
b) Based on the monthly plan for the use of technical equipment and devices approved, the management unit, using technical equipment and devices shall establish and implement plans for use weekly, shift work.
3. Process, operation, maintenance of technical equipment and devices shall be carried out in accordance with the guidelines of the Ministry of Public Security for each type of technical equipment and devices, guidelines of the manufacturer and standards (if any).
4. Technical equipment and devices (including data collected by technical equipment and devices) must be handed over and received according to the work schedule; the handover and receipt shall be recorded in the logbook for managing and monitoring the use of technical equipment and devices as stipulated in Point b Clause 2 Article 4 of this Circular.
5. Primary market: amended and supplemented by Law No. 87/2025/QH15; shall not arbitrarily delete or alter data in technical equipment and devices. In case the internal memory or memory card of the technical equipment and devices is full and cannot store additional data, the user of the technical equipment and devices shall report to the competent authority approving the use plan of technical equipment and devices, to transfer data to the unit's computer FOR for storage in accordance with regulations. The deletion of data in technical equipment and devices, memory cards can only be carried out after the data has been stored on the unit's computer and must be documented in a record, signed and confirmed by the competent authority approving the use plan of technical equipment and devices.
6. Technical equipment and devices before being sent for inspection, calibration, repair or showing signs of damage or malfunction (including memory cards) must immediately store data on the unit's computer; document the storage process, signed and confirmed by the competent authority approving the use plan of technical equipment and devices.
7. Public security units and localities responsible for managing and using technical equipment and devices, in addition to implementing the provisions of this Circular, must also comply with the regulations on managing and using technical equipment and devices, data collected from technical equipment and devices in their respective force procedures.
Article 6. Use of data obtained from technical equipment
1. Results collected through technical equipment and devices must be recorded in writing, stored, preserved, and processed in accordance with the Law on Handling Administrative Violations and Article 14, Article 15 of Decree No. 135/2021/ND-CP to serve administrative violation handling, complaint resolution, and inspection and audit work of competent agencies.
2. The preservation and storage of results collected through technical equipment and devices shall be conducted electronically when meeting the conditions for infrastructure, technology, and information technology.
Article 7. Collection and use of data obtained from technical equipment provided by individuals or organizations for detecting administrative violations
The process of collecting and using data obtained from technical equipment provided by individuals or organizations to detect administrative violations shall be implemented in accordance with Chapter III of Decree No. 135/2021/ND-CP and the following provisions:
1. Units stipulated in Clause 1 Article 4 of this Circular are responsible for receiving and collecting data reflecting administrative violations within the assigned management area; implement in accordance with Article 18 of Decree No. 135/2021/ND-CP and the procedural work according to the force system.
2. The statistics, tracking, and processing of data shall be conducted electronically when meeting the conditions for infrastructure, technology, and information technology.
Article 8. Hiring of technical equipment for detecting administrative violations
1. The hiring, management, and use of technical equipment and devices hired to detect administrative violations shall be carried out in accordance with the laws on managing and using public assets, bidding, state budget, Decree No. 135/2021/ND-CP, and the regulations of Article 1. Amending and supplementing some articles of Circular No. 21/2023/TT-BTTTT dated December 31, 2023 of the Ministry of Information and Communications on functions and technical features of the Administrative Procedure Handling Information System at the ministerial and provincial levels (hereinafter referred to as Circular No. 21/2023/TT-BTTTT) as follows: the Ministry of Public Security on managing and using public assets in the People's Public Security.
2. The authority to decide on hiring and organizing the hiring of technical equipment and devices shall be implemented in accordance with the regulations of the Minister of Public Security on hiring assets in the People's Public Security.
3. The rental fees for technical equipment and devices shall be allocated within the annual budget or other sources in accordance with the laws on state budget. Units renting technical equipment and devices are responsible for using the rental fees for technical equipment and devices within the approved budget range by the competent authority.
Article 9. List of technical equipment that must be inspected, calibrated, quality assured, standardized, and technically regulated according to the laws on product quality. ||| to ensure quality, standards, and technical regulations in accordance with the laws on product qualityt s ||| inspection in accordance with Circular No. 23/2013/TT-BKHCN dated September 26, 2013, issued by the Minister of Science and Technology regarding measurement for group 2 measuring instruments (amended and supplemented by Circular No. 07/2019/TT-BKHCN dated July 26, 2019, and Circular No. 03/2024/TT-BKHCN dated April 15, 2024, both issued by the Minister of Science and Technology), and the regulations of the Ministry of Public Security on the use of technical equipment in the People's Public Security., and technical standards
1. Technical equipment belonging to the list of measuring instruments group 2 must be inspected according to Circular No. 23/2013/TT-BKHCN dated September 26, 2013 of the Minister of Science and Technology regarding measurement for measuring instruments group 2 (amended and supplemented by Circular No. 07/2019/TT-BKHCN dated July 26, 2019 of the Minister of Science and Technology, Circular No. 03/2024/TT-BKHCN dated April 15, 2024 of the Minister of Science and Technology) and the regulations of the Ministry of Public Security on the use of technical equipment in the People's Police. a) Report to the Ministry of Natural Resources and Environment on the results of training and upgrading, including listing the teaching staff participating in teaching, evaluating the participation of trainees in the training process, the results of organizing examinations for completing the training and upgrading program on land valuation business, the issuance of Certificates and the use of Certificate codes, summarizing the feedback from trainees on the quality of the training and upgrading program on land valuation business, and other relevant matters. ||| or calibration in accordance with the laws on measurement and other related laws 3. Any legal documents cited in this Circular, when amended, supplemented, or replaced, the content cited in this Circular shall also be adjusted and implemented in accordance with the amended, supplemented, or replacing legal document.
2. Attached to this Circular is the list of technical equipment including:
a) List I: Technical equipment before being put into use must be inspected or calibrated according to the laws on measurement and other relevant laws. a) Providing testimonies and expert opinions for the case for which they have been summoned; ||| Directors of provincial public security agencies, centrally-administered city public security agencies, and relevant organizations, individuals are responsible for implementing this Circular. 3. During implementation, if there are difficulties or obstacles, public security units and localities should report to the Ministry of Public Security (through the Traffic Police Bureau) for timely guidance;
b) List II: Technical equipment before being put into use must ensure quality, standards, and technical regulations according to the laws on product quality and goods, and standards and technical regulations.
Chapter III. IMPLEMENTING PROVISIONS [3]
Article 10. Effective Date
1. This Circular shall take effect from January 1, 2025.
2. Circular No. 40/2015/TT-BCA dated August 24, 2015 of the Minister of Public Security on the use of technical equipment in the People's Police to detect administrative violations related to traffic order and safety and environmental protection shall cease to be effective from the date this Circular takes effect.
and recording.
Article 11. Transitional Provisions
Technical equipment that has been equipped and used before January 1, 2022 if still meeting the requirements stipulated in Decree No. 135/2021/NĐ-CP shall continue to be used to detect administrative violations.
Article 12. Responsibility for Implementation
1. The Director of the Traffic Police Department shall be responsible for guiding, inspecting, and urging the implementation of this Circular.
2. Heads of units under the Ministry, Directors of Provincial Public Security Departments, and directly-controlled municipalities and relevant agencies, organizations, and individuals are responsible for implementing this Circular. of Public Security||| Commissioner
5. Smoke measuring devices../.
| MINISTRY OF PUBLIC SECURITY During the implementation process, 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.
Place of Receipt: | CERTIFIED CONSOLIDATED DOCUMENT
Hanoi, April 26, 2025
THE MINISTER |
Number: 16/VBHN-BCA
LIST I
TECHNICAL EQUIPMENT THAT MUST BE INSPECTED OR CALIBRATED ACCORDING TO LAWS ON MEASUREMENT AND OTHER RELEVANT LAWS PRIOR TO USE
(Attached to Circular No. 67/2024/TT-BCA dated November 12, 2024 of the Minister of Public Security)
1. Length measuring instruments.
2. Vehicle scale.
3. Speed measuring devices with image recording.
4. Distance measuring devices between two moving vehicles.
5. Breath alcohol concentration measuring devices.
6. Satellite positioning devices.
7. Level measuring devices.
8. Height measuring tapes for coupling hooks.
9. Wheelbase measuring tapes.
10. Tire diameter measuring tapes.
11. Tread depth measuring tapes.
12. Axle load measuring devices.
13. Air pressure measuring devices.
14. Exhaust gas concentration measuring devices.
15. Flow velocity measuring devices.
16. Wind speed measuring devices.
17. Hull thickness measuring devices.
18. Rapid exhaust gas measuring devices.
19. Ambient air dust measuring devices.
20. Rapid water measuring devices.
21. Noise measuring devices.
22. Vibration measuring devices.
23. Continuous automatic measuring devices for wastewater and exhaust gas parameters.
24. Fire alarm testing and inspection devices (gas, smoke, heat, flame, light beam).
25. Infrared distance measuring devices.
26. Liquid flow measuring devices.
27. Weight scales.
28. Pressure measuring devices (liquid, gas).
29. Lightning protection system resistance measuring devices.
30. Hazardous gas concentration measuring devices.
31. Electrical current parameter and resistance measuring devices.
32. Liquid level measuring devices in tanks.
33. Water level measuring devices.
34. Excess air pressure measuring devices.
35. Wind speed and smoke extraction flow measuring devices.
36. Remote temperature measuring devices.
37. Dust concentration measuring devices.
38. Water depth measuring devices.
39. Sound intensity measuring devices.
40. Slope measuring devices.
41. Fireproof coating thickness measuring devices.
42. Pipe wall thickness measuring devices.
43. Radiation measuring devices.
44. Brake efficiency measuring devices for motor vehicles.
45. Volume measuring devices.
46. Steering wheel angle measuring devices for motor vehicles and special-purpose motorcycles.
47. Stopwatches.
48. Radioactivity measuring devices.
49. Light intensity measuring devices.
50. Microwave measuring devices.
51. Electromagnetic field measuring devices.
52. Microclimate measuring devices.
LIST II
TECHNICAL EQUIPMENT THAT MUST ENSURE QUALITY, STANDARDS, AND TECHNICAL REGULATIONS ACCORDING TO LAWS ON PRODUCT QUALITY AND GOODS, AND STANDARDS AND TECHNICAL REGULATIONS PRIOR TO USE
(Attached to Circular No. 67/2024/TT-BCA dated November 12, 2024 of the Minister of Public Security)
1. Audio and video recording devices. ||| Travel monitoring equipment.
2. Thermal cameras, thermal imaging cameras.
3. Drug testing and detection devices.||| separately.
4. Marking devices.Coat 5. Smoke density measuring devices.
10. On-site scanning machines.
6. Counterfeit document detection devices.
7. Data extraction devices from vehicle tracking systems.hi14. Emission
8. Image data extraction devices from cameras installed on commercial vehicles.
9. Traffic violation monitoring and processing systems; security and traffic control camera systems. (air The speed measuring devices integrated in these systems must be inspected.).
10. Scene scanning equipment.
10. Scene scanning machines.
11. Computers and tablets storing results collected from technical equipment.
12. Automatic identification systems (AIS).
14. Means Gas analysis devices. of emission, air.
15. Soil analysis devices.
16. Solid material analysis devices.
17. Microbial factor analysis devices.
18. Environmental sample collection devices.
19. Environmental sample preservation devices.
20. Surveying devices.
21. Mobile environmental testing stations.
22. Equipment for collecting, storing, and analyzing food samples.
23. Equipment for analyzing pesticide samples.
24. Equipment for analyzing veterinary drug samples.
25. Equipment for analyzing fertilizer samples.
26. Equipment for analyzing agricultural chemicals.
27. Equipment for analyzing aquafeed samples and environmental treatment products in aquaculture.
28. Environmental monitoring equipment in aquaculture.
Ultraviolet flashlight.
[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 traffic order and safety on roads, railways, and inland waterways, 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 phrase “The provisions concerning "Public Security Police Station of District, County, City under Province, City under Central City" are abolished pursuant to Article 8 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 traffic order and safety on roads, railways, and inland waterways, which shall take effect from March 1, 2025.
[3] Article 14 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 traffic order and safety on roads, railways, and inland waterways, which shall take effect from March 1, 2025, provides 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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