Circular No. 17/2014/TT-BCA on the operation, management, maintenance, and protection of traffic surveillance and violation handling systems for road traffic safety and order

CIRCULAR

Provisions on operation, management, maintenance, and protection of traffic surveillance systems,
handling violations of road traffic order and safety
 

Pursuant to the Public Security Law dated November 29, 2005;

On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

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

Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security, which has been amended and supplemented by Decree No. 21/2014/NĐ-CP dated March 25, 2014;

At the proposal of the Director General of the Traffic Police Administration under the Ministry of Public Security,

The Minister of Public Security promulgates this Circular stipulating the operation, management, maintenance, and protection of traffic surveillance systems, handling violations of road traffic order and safety.

PART I
GENERAL PROVISIONS

Article 1. Scope of application

1. This Circular stipulates the operation, management, maintenance, and protection of traffic surveillance systems, handling violations of road traffic order and safety (hereinafter referred to as traffic surveillance systems).

2. This Circular does not apply to hand-held technical equipment for detecting administrative violations related to traffic order and safety.

Article 2. Applicability

This Circular applies to:

1. Officers and non-commissioned officers of the People's Public Security (hereinafter referred to as officers) assigned the task of operating, managing, maintaining, and protecting traffic surveillance systems.

2. Public security units and localities.

3. Organizations, individuals committing traffic order and safety violations detected by traffic surveillance systems.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Traffic surveillance systems include: terminal devices; central processing equipment systems, management software, and databases for monitoring and handling traffic order and safety violations; data transmission systems and other auxiliary devices connected together into a system.

a) Terminal devices include: speed measuring devices with image recording; surveillance cameras recording images of violating vehicles; control devices; other electrical, electronic, and mechanical devices... installed at fixed positions along road traffic routes to monitor traffic order and safety in real-time and automatically record images of violators of road traffic laws;

b) Central processing equipment systems, management software, and databases for monitoring and handling traffic order and safety violations include: server systems, computers, display screens, and software used for implementing the entire monitoring, handling, and management process, data storage, display... of traffic surveillance systems;

c) Data transmission systems include: terminal devices connected online to the central processing equipment systems. The data transmission network of the system is an Internet Protocol (IP) network using wireless or wired transmission technology;

d) Other auxiliary devices include: poles, gantries, lightning protection devices, protective devices, warning devices...

2. Maintenance of traffic surveillance systems involves performing maintenance and repair work to maintain the technical standards of the operational traffic surveillance systems.

Article 4. Requirements and standards for officers tasked with managing, operating, maintaining, and protecting traffic surveillance systems

3. Reporting and proposing measures to address deficiencies in state management of security, order, and traffic safety to competent authorities; coordinating with road management agencies to detect and prevent violations of road construction protection regulations and road safety zones.

2. Fulfilling accurately and fully the assigned tasks of operating, managing, maintaining, and protecting traffic surveillance systems.

3. Having a College-level education in Public Security or equivalent (for those who graduated from non-Public Security institutions, they must have attended Public Security vocational training courses); having knowledge of information technology; trained in the operation, management, and maintenance of traffic surveillance systems.

Article 5. Prohibited acts

1. Intentionally damaging equipment of traffic surveillance systems.

2. Providing or leaking login passwords to traffic surveillance systems.

3. Misusing authority to alter data and information about violators.

4. Copying data from traffic surveillance systems without authorization or using, providing information and data in violation of regulations.

5. Other prohibited acts as prescribed by law and the Ministry of Public Security.

Chapter II
OPERATION, MANAGEMENT, MAINTENANCE
AND PROTECTION OF TRAFFIC SURVEILLANCE SYSTEMS

Article 6. Operation of traffic surveillance systems

1. The unit entrusted with managing the traffic surveillance system shall be responsible for operating the traffic surveillance system; arranging staff meeting the standards prescribed in Article 4 of this Circular to perform tasks ensuring the traffic surveillance system operates smoothly and continuously.

2. Equipment of the traffic surveillance system installed at the center must be ensured to operate continuously to transmit and store data and images of persons and vehicles violating road traffic laws.

3. Persons assigned the task of operating the traffic surveillance system must record logs of the operation of the traffic surveillance system and immediately report any equipment malfunctions to their leadership.

4. The General Bureau of Public Security for Administrative Management of Order and Safety shall specify in detail the operation of the traffic surveillance system.

Article 7. Management of traffic surveillance systems

1. Traffic surveillance system management agencies

a) The General Bureau of Public Security for Administrative Management of Order and Safety shall be responsible for managing the traffic surveillance system nationwide;

b) The Highway Police Corps shall be responsible for managing the traffic surveillance system on expressways;

c) Provincial Police Departments (hereinafter referred to as provincial-level police departments) shall be responsible for managing the traffic surveillance system on roads within the administrative boundaries of provinces and centrally-administered cities.

2. Responsibilities of the General Bureau of Public Security for Administrative Management of Order and Safety

a) Directing, inspecting, and guiding public security units and localities in managing the traffic surveillance system;

b) Managing the operation of the traffic surveillance system;

c) Managing the allocation of permissions and account security in the traffic surveillance system;

d) Providing login passwords to the traffic surveillance system for public security units and localities;

đ) Investing, constructing, and upgrading application software in the traffic surveillance system nationwide.

3. Responsibilities of the Highway Police Corps

a) Assisting the General Bureau of Public Security for Administrative Management of Order and Safety in directing, inspecting, and guiding local public security departments in performing traffic surveillance system management tasks;

b) Implementing traffic surveillance system management on expressways; managing application software and monitoring databases from local centers;

c) Summarizing the situation of traffic surveillance system management;

d) Ensuring data security in the traffic surveillance system;

đ) Inspecting the operation, maintenance, and protection of the traffic surveillance system;

e) Arranging forces to control and handle violations detected through the traffic surveillance system on expressways;

g) Inspecting, auditing, and handling violations related to the operation, management, maintenance, and protection of the traffic surveillance system nationwide;

h) Performing other tasks as required for management.

4. Responsibilities of provincial-level police departments

a) Implementing traffic surveillance system management on roads within the administrative boundaries of provinces and centrally-administered cities or on roads under their jurisdiction;

b) Storing and providing data on supervision and administrative penalties for traffic order and safety;

c) Ensuring data security in the traffic surveillance system;

d) Developing plans to arrange forces to control and handle violations detected through the traffic surveillance system;

đ) Statistics, compiling lists, and classifying assets belonging to the traffic surveillance system managed by the locality;

e) Assigning functional units to operate and protect the traffic surveillance system;

g) Inspecting the operation, maintenance, and protection of the traffic surveillance system;

h) Inspecting, auditing, and handling violations related to the management and use of the traffic surveillance system;

i) Performing other tasks to ensure requirements for managing the traffic surveillance system.

Article 8. Maintenance hTraffic surveillance system transport

1. Maintenance of the traffic surveillance system

Public security units and localities entrusted with managing the traffic surveillance system shall be responsible for organizing maintenance of the traffic surveillance system they manage, specifically:

a) Terminal devices (speed cameras with recording, surveillance cameras, vehicle violation cameras, control devices, electrical and electronic devices, and other mechanical devices) must be maintained regularly;

b) Central processing equipment, management software, monitoring databases, and traffic order and safety violation processing systems; data transmission systems must be maintained quarterly;

c) Other auxiliary equipment (poles, gantries, lightning protection devices, protective devices, warning devices...) must be maintained semi-annually;

d) When conducting maintenance, technical procedures for each type of equipment must be followed, and logbooks must record the condition before and after maintenance.

2. Repair of the traffic surveillance system

Traffic surveillance system equipment that is damaged must be repaired promptly. The heads of public security units and localities entrusted with managing and operating the traffic surveillance system have the authority to decide on repairing traffic surveillance system equipment.

a) Traffic surveillance system equipment currently in use that is damaged must be handled to ensure the traffic surveillance system operates safely and continuously.

b) In case traffic monitoring system equipment suffers severe damage requiring major repairs, the unit responsible for managing and operating the traffic monitoring system must inspect and evaluate the condition of each component and device, determine the quantity of materials, components, and devices needed to be replaced or repaired, and report to the Director of the Provincial Public Security Department (for local public security agencies) or the Director of the Highway Police Traffic Safety Bureau (for units under the Highway Police Traffic Safety Bureau) to decide on repair and replacement. If the traffic monitoring system equipment is severely damaged and cannot be restored, it must be replaced with new equipment; such new replacement equipment must ensure the correct type and quality according to the design of the traffic monitoring system or have equivalent or higher performance specifications but must ensure compatibility and synchronization with other connected devices within the traffic monitoring system.

3. Maintenance and repair of the traffic monitoring system must be carried out in accordance with the provisions of Clause 1 and Clause 2 of this Article and shall be performed by units within the Public Security sector; if these units are unable to perform maintenance and repair, the traffic monitoring system management unit may select external units outside the Public Security sector to carry out maintenance and repair. Maintenance and repair activities must be closely monitored to ensure the confidentiality of information about the traffic monitoring system.

Article 9. Protection of Traffic Surveillance Systems

1. Protecting the traffic monitoring system involves using measures to prevent, intercept, and handle acts that infringe upon the traffic monitoring system to ensure its safe operation.

2. The scope of protecting the traffic monitoring system includes all equipment of the traffic monitoring system (end devices; central processing systems, management software, and databases for supervision and handling traffic violations; data transmission systems, and other auxiliary equipment) installed on roadways and at the center.

3. Responsibilities of units in protecting the traffic monitoring system

a) The Administrative Management General Department of Public Order and Social Security takes the lead and coordinates with the Crime Prevention General Department to direct and guide local public security units in implementing protection of the traffic monitoring system;

b) The Highway Police Traffic Safety Bureau protects the equipment of the traffic monitoring system installed at centers under its management; inspects, urges, and guides local public security units to implement protection of the traffic monitoring system;

c) The Director of the Provincial Public Security Department is responsible for directing the Traffic Police Department, related business units, and local public security units where traffic monitoring system equipment is installed to implement safety protection of the traffic monitoring system equipment, preventing theft, sabotage, or other incidents.

4. Local public security units where the traffic monitoring system has been stolen or sabotaged are responsible for protecting the scene, immediately reporting to the Director of the Provincial Public Security Department, the Director of the Highway Police Traffic Safety Bureau, and competent investigative authorities to take appropriate actions in accordance with the law.

Article 10Financial sources use for operation, management, maintenance, and protection hof the traffic monitoring system transport

1. The financial resources used for the operation, management, maintenance, and protection of the traffic monitoring system are guaranteed from the state budget and other legitimate financial sources as prescribed by law.

2. The Highway Police Traffic Safety Bureau and the Provincial Public Security Departments prepare budgets and settle accounts for funds used for the operation, management, maintenance, and protection of the traffic monitoring system with the Ministry of Public Security's financial department in accordance with the law.

3. The Administrative Management General Department of Public Order and Social Security collaborates with the Finance Department to guide local public security units in preparing budgets, managing, and utilizing allocated financial resources for the operation, management, maintenance, and protection of the traffic monitoring system.

Chapter III
IMPLEMENTATION ORGANIZATION

Article 11. Effective Date

This Circular takes effect from June 18, 2014

Article 12. Responsibility for Implementation

1. The Director of the General Department of Administrative Police shall be responsible for directing, guiding, inspecting, and urging the implementation of this Circular.

2. The Directors of the General Departments, Heads of units under the Ministry of Public Security, the Director of Highway and Railway Traffic Police, the Directors of Provincial and Central City Police Departments, and the Directors of Fire Prevention and Fighting Departments of provinces and central cities shall be responsible for implementing this Circular.

In the course of implementing this Circular, if any difficulties arise, local police units shall report to the Ministry of Public Security (through the General Department of Administrative Police) for timely guidance./.