Decree No. 165/2013/NĐ-CP on the management, use, and list of technical equipment for detecting administrative violations related to traffic order, safety, and environmental protection.

 

DECREE

Regarding the management, use, and list of equipment and technical devices to be used for detecting administrative violations related to traffic order and safety and environmental protection

equipment technical operations used for detecting administrative violations

concerning traffic order and safety and environmental protection

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

Pursuant to the Law on Management and Use of State Property dated June 3, 2008;

The Government promulgates this Decree on regulations regarding entry, exit, and residence policies for foreigners at the International Financial Center in Vietnam.

The Government issues this Decree to regulate the purchase, provision, management, use, and list (annexed hereto) of equipment and technical devices to be used for detecting administrative violations related to traffic order and safety on roads, railways, inland waterways, maritime, and civil aviation (hereinafter referred to collectively as traffic order and safety) and environmental protection.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the procurement, equipping, management, utilization of the results obtained, and the list (Annex issued together with this Decree) of technical devices used for detecting administrative violations concerning road traffic order and safety, railway traffic order and safety, inland waterway traffic order and safety, maritime traffic order and safety, civil aviation traffic order and safety (hereinafter referred to collectively as traffic order and safety) and environmental protection.

Article 2. Applicability

1. Organizations and individuals involved in the management and use of equipment and technical devices to detect administrative violations related to traffic order and safety and environmental protection.

2. Vietnamese organizations and individuals; foreign organizations and individuals committing administrative violations related to traffic order and safety and environmental protection within the territory of the Socialist Republic of Vietnam, detected through the use of equipment and technical devices as prescribed in this Decree.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such provisions shall be implemented.

Article 3. Prohibited Acts

1. Misusing equipment and technical devices, or the results collected using such equipment and technical devices, to infringe upon citizens' freedom, honor, dignity, privacy, and other lawful rights and interests of organizations and individuals.

2. Failing to comply with the procedures and rules for using equipment and technical devices.

3. Intentionally damaging or destroying equipment and technical devices.

4. Obstructing, limiting, or rendering ineffective the technical functions of equipment and technical devices.

5. Transferring equipment and technical devices to organizations or individuals without the authority to manage or use them.

6. Using equipment and technical devices that do not meet the technical standards and norms as prescribed or have not been inspected, calibrated, or tested according to relevant laws.

7. Appropriating, giving, lending, renting, pledging, or mortgaging equipment and technical devices.

8. Altering the results collected using equipment and technical devices.

Chapter II
MANAGEMENT AND USE OF EQUIPMENT TECHNICAL MEANS AND EQUIPMENT

Article 4. Purchase of Equipment and Technical Devices

1. The purchase of equipment and technical devices must be in accordance with standards, quotas, and management and usage regulations.

2. The purchase of equipment and technical devices shall be carried out in accordance with the laws on bidding and state asset procurement.

3. The funds for purchasing equipment and technical devices shall be guaranteed by the state budget in accordance with the laws on the state budget.

4. Authority to decide on purchases

a) The Minister of Public Security, the Minister of Transport, and the Minister of Natural Resources and Environment shall decide or delegate authority to decide on the purchase of equipment and technical devices within their respective jurisdictions;

b) The Chairman of the People's Committee of provinces and centrally-administered cities shall decide or delegate authority to decide on the purchase of equipment and technical devices within their local jurisdictions.

Article 5. Provision of technical equipment and devices

1. Subjects eligible for provision of technical equipment and devices:

a) The Road Traffic Police force shall be provided with technical equipment and devices as specified in Section I of the Appendix attached to this Decree;

b) The Railway Traffic Police force shall be provided with technical equipment and devices as specified in Section II of the Appendix attached to this Decree;

c) The Waterway Police force shall be provided with technical equipment and devices as specified in Section II of the Appendix attached to this Decree;

d) Specialized inspection forces and agencies entrusted with specialized inspection functions in transportation shall be provided with technical equipment and devices as specified in Section I (excluding speed measuring devices with image recording; chemical marking devices; radiation measurement devices), Section II, Section III, Section IV, and Section V of the Appendix attached to this Decree;

đ) Environmental Crime Prevention Police forces shall be provided with technical equipment and devices as specified in Section VI of the Appendix attached to this Decree;

e) Specialized inspection forces and agencies entrusted with specialized inspection functions in environmental protection shall be provided with technical equipment and devices as specified in Section VI of the Appendix attached to this Decree.

2. Authority to decide on the provision of technical equipment and devices:

Based on their functions, tasks, and requirements for combating administrative violations related to traffic order and safety and environmental protection, the Minister of Public Security, the Minister of Transport, the Minister of Natural Resources and Environment, and the Chairman of the People's Committee of provinces and centrally governed cities shall decide on the provision of technical equipment and devices for the forces under their management as stipulated in Clause 1 of this Article.

3. Annually, based on the list of technical equipment and devices and the requirements for combating administrative violations of the sector and locality, the Ministry of Public Security, the Ministry of Transport, the Ministry of Natural Resources and Environment, and the People's Committee of provinces and centrally governed cities shall develop plans and budget estimates for the provision of technical equipment and devices, and submit them to the Ministry of Finance for approval by the competent authority.

Article 6. Establishment, Management of Records, and Reporting on the Management and Use of Technical Equipment and Devices

1. Organizations, entities, and individuals entrusted with the management and use of technical equipment and devices shall be responsible for establishing records for managing such equipment and devices.

2. The records for managing technical equipment and devices shall include: Equipment and device history; manufacturer's usage guidelines; maintenance status logs, operating time, fuel consumption levels; certification of inspection (if applicable); handover logs for equipment and devices.

3. Annually, the Ministry of Public Security, the Ministry of Transport, the Ministry of Natural Resources and Environment, and the People's Committee of provinces and centrally governed cities shall conduct inventory and report the quantity, value, management, and usage status of technical equipment and devices within their jurisdiction according to the laws on state asset management and utilization.

Article 7. Maintenance and Repair of Technical Equipment

1. Technical equipment must be maintained and repaired in accordance with the prescribed regime, standards, and economic-technical norms.

2. The preparation, execution, and settlement of maintenance and repair costs for technical equipment shall be carried out in accordance with the laws on state budget.

Article 8. Transfer, Recovery, Liquidation, and Destruction of Technical Equipment

The transfer, recovery, liquidation, and destruction of technical equipment shall be conducted in accordance with the laws on the management and use of state assets.

Article 9. Use of Technical Equipment

1. Technical equipment must meet inspection, calibration, and testing requirements stipulated by law before being put into use; technical standards and regulations must be maintained throughout the usage period and between inspection, calibration, and testing periods.

2. The use of technical equipment must comply with the provisions set forth in Clause 2, Article 64 of the Law on Handling Administrative Violations.

3. Technical equipment can only be installed and used upon approval from authorized persons as follows:

a) Heads of County Police Departments, Directors of Provincial Police Departments, Chiefs of the Highway Traffic Police Corps, Chiefs of the Waterway Police Corps, Chiefs of the Environmental Crime Prevention Police Corps, Chiefs of the Public Order and Social Safety Administration Police Corps, and Chiefs of the Crime Prevention Police Corps;

b) Directors of Departments of Transportation, Heads of the Ministry of Transportation's Inspectorate, Chiefs of the Vietnam Railway Corporation, Chiefs of the Vietnam Inland Waterways Corporation, Chiefs of the Vietnam Maritime Corporation, Chiefs of the Vietnam Civil Aviation Corporation, and Chiefs of the Vietnam Road Administration General Department;

c) Directors of Departments of Natural Resources and Environment, Heads of the Ministry of Natural Resources and Environment's Inspectorate, and Chiefs of the Environment General Department.

Article 10. Standards and Responsibilities of Users of Technical Equipment

1. Standards for users of technical equipment:

a) They are police officers, specialized inspectors, and civil servants as specified in Clause 1, Article 5 of this Decree;

b) They must be familiar with the management and usage regimes of technical equipment;

c) They must be trained in the procedures and operations for using and maintaining technical equipment and relevant laws on handling administrative violations.

2. Users of technical equipment must strictly follow the procedures, ensure safety, maintain and preserve the equipment, and bear responsibility for its usage.

Article 11. Use and Preservation of Results Collected Through Technical Equipment

1. Results collected through technical equipment as defined in this Decree include images, photographs, printed forms, measurement indices, and data stored in the memory of such equipment.

2. Such results may only be used to impose administrative penalties if they meet the following conditions:

a) They are detected using technical equipment that meets technical standards and regulations and has been inspected, calibrated, and tested in accordance with the law;

b) They are collected according to established procedures and formalities;

c) They are recorded in writing;

d) They comply with the time limit specified in Clause 3 of this Article.

3. When results are obtained through technical equipment, the authorized person imposing administrative penalties must promptly identify the organization or individual committing the violation.

a) If the violator is identified, the authorized person must immediately prepare an administrative violation record, and the results obtained through technical equipment will be preserved according to the administrative violation record;

b) If the violator cannot be identified, the use period of the results obtained through technical equipment will be applied in accordance with Article 6 of the Law on Handling Administrative Violations; if the violator remains unidentified beyond the specified period, the results will not be used as grounds for imposing administrative penalties.

4. Results obtained through technical equipment must be securely preserved in accordance with file management regulations.

Chapter III
IMPLEMENTING PROVISIONS

Article 12. Effective Date

This Decree takes effect from December 28, 2013, and revokes previous regulations inconsistent with this Decree.

Article 13. Transitional Provisions

1. Within one year from the date this Decree takes effect, existing technical equipment that complies with regulations may continue to be used for preventing, detecting, and handling administrative violations related to traffic order and safety and environmental protection.

2. During the transitional period, existing technical equipment mentioned in Clause 1 of this Article must undergo inspection, calibration, and testing in accordance with relevant laws.

Article 14. Responsibilities for Guidance and Enforcement

1. The Minister of Public Security is responsible for guiding the implementation of this Decree. Ministers of Public Security, Transportation, and Natural Resources and Environment shall issue regulations on equipping and operating technical equipment based on their assigned functions and tasks; disseminate and popularize the law; organize training and business guidance; inspect, audit, and handle violations concerning the management and use of technical equipment.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.