Consolidated Document number 18/VBHN-BCA detailing certain provisions and measures for implementing the Law on Fire Prevention and Combating, the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Combating, and Decree No. 136/2020/NĐ-CP dated November 24, 2020 of the Government detailing certain provisions and measures for implementing the Law on Fire Prevention and Combating and the Law Amending and Supplementing Certain Provisions of the Law on Fire Prevention and Combating.

CIRCULAR

REGULATIONS ON THE PROCEDURE FOR INVESTIGATION AND SETTLEMENT OF ROAD TRAFFIC ACCIDENTS BY TRAFFIC POLICE

Circular No. 72/2024/TT-BCA dated November 13, 2024, issued by the Minister of Public Security, stipulating the procedure for investigation and settlement of road traffic accidents by Traffic Police, 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 regulating road traffic order and safety, railway traffic, and inland waterway traffic, shall take effect from March 1, 2025.

Pursuant to the Criminal Procedure Code dated November 27, 2015; the Law Amending and Supplementing Certain Provisions of the Criminal Procedure Code dated November 12, 2021;

Pursuant to the Criminal Code on November 27, 2015; Law Amending and Supplementing Certain Articles of the Criminal Code on June 20, 2017;

Pursuant to the Road Traffic Order and Safety Law on June 27, 2024;

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 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 Organization of Criminal Investigation Agencies dated November 26, 2015;

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

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

The Minister of Public Security promulgates this Circular stipulating the procedure for investigation and settlement of road traffic accidents by Traffic Police.^[1]

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates the organization of receiving and handling reports and initial resolution of road traffic accidents; the content, measures for investigation, verification, and resolution of road traffic accidents, and statistics of road traffic accidents by Traffic Police.

2. For road traffic accidents with signs of criminal offenses, the investigation and resolution shall be carried out in accordance with the provisions of criminal law and criminal procedure law. For road traffic accidents without signs of criminal offenses, the content and measures for investigation, verification, and resolution shall be carried out in accordance with the provisions of this Circular and related laws.

Article 2. Applicability

1. Units and local public security organs and people's police officers.

2. Agencies, organizations, and individuals related to the activities of investigating, verifying, and resolving road traffic accidents.

Article 3. Standards for Traffic Police officers performing investigation, verification, and resolution tasks of road traffic accidents and allocation of investigators for road traffic accidents investigation, verification, and resolution of road traffic accidents road

1. Standards for Traffic Police officers performing investigation, verification, and resolution tasks of road traffic accidents

a) Having a bachelor’s degree in Security, a bachelor’s degree in Police, or a bachelor’s degree in law or higher. In cases where graduates from non-police universities have been trained and further educated in Security and Police operations according to regulations;

b) Having at least six months of work experience in the Traffic Police force;

c) Having been recognized as completing training and further education in the investigation and resolution of road traffic accidents;

d) Traffic Police officers meeting the standards prescribed in points a, b, and c of this Clause are the main handlers;

e) Traffic Police officers not meeting the standard prescribed in point a of this Clause but meeting the standards prescribed in points b and c of this Clause are supporting officers.

2. Allocation of officers for investigation, verification, and resolution of road traffic accidents

a) When allocating main handlers for the investigation, verification, and resolution of road traffic accidents, there must be at least one main handler. The main handler bears overall responsibility, and the supporting officer (if any) bears responsibility for assigned tasks;

b) Officers allocated as main handlers for the investigation, verification, and resolution of road traffic accidents shall implement the provisions of Article 83 of the Road Traffic Order and Safety Law 2024, this Circular, and other relevant legal provisions concerning the activities of investigating, verifying, and resolving road traffic accidents.

Chapter II. SPECIFIC PROVISIONS

Section 1. ORGANIZATION OF RECEIVING AND HANDLING REPORTS ON ROAD TRAFFIC ACCIDENTS AND INITIAL RESOLUTION

Article 4. Organization of receiving reports on road traffic accidents

1. The agencies and units of Traffic Police shall be responsible for receiving reports on road traffic accidents, including:

a) The Highway Traffic Police Corps; highway traffic police teams under the Road and Railway Traffic Control Patrol Department of the Highway Traffic Police Corps with independent headquarters;

b) Provincial Public Security Traffic Police Departments (hereinafter referred to as Provincial Public Security Traffic Police Departments); traffic police teams and traffic police stations under Provincial Public Security Traffic Police Departments with independent headquarters;

c)^[2] (Repealed)

2. Agencies and units specified in Clause 1 of this Article must organize duty shifts to receive reports on road traffic accidents. The location for receiving reports on road traffic accidents must be convenient, marked with the name of the agency, telephone number, and staff on duty. 24/24 hours and widely publicized so that everyone is aware.

3. Other agencies and units within the People's Public Security that receive reports on road traffic accidents, public security officers during the performance of their duties who receive reports or discover road traffic accidents shall report such information to the agencies and units specified in Clause 1 of this Article to receive reports on road traffic accidents.

4. Receiving reports on road traffic accidents at the unit's headquarters

Staff on duty receiving reports on road traffic accidents must inquire about the following information:

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

b) Time of receiving the report, time and location where the road traffic accident occurred;

c) Initial casualties: number of deaths, number of injured persons (if any);

d) Information on vehicles (license plate number, type of vehicle, other characteristics if any), damage to vehicles, road traffic infrastructure, and other property (if any);

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

e) In cases where the driver of the vehicle involved in the road traffic accident flees, detailed information about the vehicle's characteristics (license plate number, color, type, brand) and the direction of movement of the vehicle, as well as the characteristics of the driver, must be asked;

g) Other relevant information about the road traffic accident.

5. After receiving reports on road traffic accidents in accordance with Clause 4 of this Article, the staff on duty must immediately report to the leadership and command of the unit to handle the report according to regulations (the reporting to leadership is carried out according to the unit's regulations on information and reporting work).

6. Traffic Police officers receiving reports on road traffic accidents while performing patrol, inspection, and violation handling tasks on the route or area

a) Directly discovering a road traffic accident must report to the leadership and command of the unit to proceed with resolution within their authority; if it does not fall within their authority, they must notify the competent agency or unit to resolve the issue and cooperate as required;

b) Upon receiving a report of a road traffic accident on the assigned patrol, inspection, and violation handling route or area, they must promptly go to the scene to verify and act in accordance with the provisions of point a of this Clause;

c) The discovery or receipt of a report of a road traffic accident must be recorded in the Traffic Patrol and Inspection Plan Book and Log in accordance with the provisions of Clause 4 of this Article.

7. Receiving reports on road traffic accidents through applications managed and used by Traffic Police

Staff assigned to duty and exploitation of the application for receiving and processing information from applications managed and used by Traffic Police must review and classify, if the information requirements are met when a road traffic accident occurs, they must store the information in the application and report to the leadership and command with the authority to organize verification and handling of the report in accordance with Article 5 of this Circular.

8. Receiving reports on road traffic accidents reported through other forms shall be implemented as follows:

a) If reported through mass media, staff shall receive the report by photocopying, writing down, or printing the article on paper to report to the leadership and command for handling;

b) If reported through audio or video broadcasts, staff shall receive the report by writing it in a document to report to the leadership and command for handling;

c) If reported through email, staff shall receive the report by printing the email or writing the content in a document to report to the leadership and command for handling;

d) If reported through letters or documents sent via postal service or courier, staff must immediately classify and report to the leadership and command for handling or transfer to the competent agency or unit to receive and handle reports on road traffic accidents according to the procedures and formalities stipulated in this Circular.

9. When receiving reports on road traffic accidents in accordance with Clauses 4, 6, 7, and 8 of this Article, the staff receiving the report must record the information specified in Clause 4 of this Article in the Accident Record Book according to Form No. 01/TNĐB issued together with this Circular.

10.^[3] All road traffic accidents must be notified to the Provincial Public Security Traffic Police Department and the Public Security Ward, Town, Township, or Police Station in the district without a village-level administrative unit (hereinafter referred to as Village-level Public Security Units) where the road traffic accident occurred for resolution within their authority or cooperation upon request and monitoring, statistics, and summarization of road traffic accidents occurring in the area.

Article 5. Handling reports of traffic accidents road

1. The direct command leader of the Traffic Police Department upon receiving a report about a road traffic accident shall handle it as follows:

a) If the report of a road traffic accident occurs on the route assigned for patrol, supervision, and violation handling, they must immediately dispatch a traffic police officer to the scene to verify whether a road traffic accident has occurred or not; if a road traffic accident has occurred, they shall direct and arrange forces to participate, cooperate in rescue and relief efforts, minimize losses caused by the accident; protect the scene, conduct an investigation at the scene, regulate traffic flow, prevent and resolve congestion, while warning other vehicles participating in traffic of dangers when passing through the accident site. Notify the Traffic Police Division^[4] where the road traffic accident occurred or request cooperation in investigating, verifying, and resolving the road traffic accident according to regulations;

b)^[5] If the report of a road traffic accident does not occur on the route assigned for patrol, supervision, and violation handling, then notify the duty desk of the Traffic Police Division to perform tasks according to the provisions of this Circular.

2. The direct command leader of the Traffic Police Division of the provincial-level Public Security Department upon receiving a report about a road traffic accident shall handle it as follows:

a) If the report of a road traffic accident occurs on the route assigned for patrol, supervision, and violation handling, they shall implement according to the provisions of point a, Clause 1 of this Article;

b)^[6] If the report of a road traffic accident does not occur on the route assigned for patrol, supervision, and violation handling, then notify the duty desk of the Traffic Police Department to perform tasks according to the provisions of this Circular.

3.^[7] (Repealed)

4. In cases where a road traffic accident has complex circumstances; results in death of three or more people; causes prolonged traffic congestion across routes, areas, and provinces; leads to a disaster; or requires coordination in rescue and relief, traffic regulation, and congestion resolution involving public security forces from multiple provinces and centrally-administered cities, the unit receiving the report of the road traffic accident shall handle it as follows:

a) For a road traffic accident occurring on the route patrolled, supervised, and violation handled by the Traffic Police Department, they must notify the Director of the provincial-level Public Security Department^[8] where the road traffic accident occurred to coordinate in resolving the incident;

b) For a road traffic accident occurring on the route patrolled, supervised, and violation handled by the provincial-level Public Security Department's Traffic Police Division, they must immediately report to the Director of the provincial-level Public Security Department (through the Planning Division) and report to the Ministry of Public Security (through the Traffic Police Department) to direct the resolution of the incident;^[9]

c)^[10] (Repealed)

5. The Traffic Police Department shall coordinate with the Directors of provincial-level Public Security Departments involved to uniformly direct the provincial-level Public Security Department's Traffic Police Division^[11] and related units to resolve the road traffic accident according to the provisions of Clause 4 of this Article.

6. The provincial-level Public Security Department's Traffic Police Division^[12] upon receiving a report of a road traffic accident according to the provisions of Clause 4 of this Article or a road traffic accident involving foreign persons or vehicles; or involving public security officers and soldiers, must report the incident according to the provisions of Circular No. 66/2022/TT-BCA dated December 30, 2022 issued by the Minister of Public Security regarding the reporting system within the Public Security Forces.

7. In cases where the driver of a vehicle flees after a road traffic accident, the traffic police officer receiving the report must report to their unit leader to deploy work measures, organize the search for the person and vehicle that fled, and simultaneously notify traffic police units and localities along the route and area assigned for patrol, supervision, and violation handling to organize the search for the person and vehicle that fled.

8. In cases where a traffic police officer arrives at the scene of a road traffic accident but the parties involved have already left the scene (no longer having a scene, no information about persons and vehicles involved), they must prepare a Record of the Incident according to Model No. 02/TNĐB issued together with this Circular.

Article 6. Initial handling when traffic police officers performing patrol and supervision duties discover a road traffic accident or are assigned to the accident scene on the road road

Traffic police officers performing patrol and supervision duties who discover a road traffic accident or are assigned by authorized leaders to the accident scene must carry out the following tasks:

1. Organize rescue and emergency response

a) Observe the scene, identify dangers such as fire, explosion, toxic substances, risks of vehicle collapse or falling, threats to the lives and health of injured persons still trapped in vehicles, or potential threats to the investigation team, take urgent measures to prevent and stop these dangers, report to unit leaders for coordination with other forces under the People's Public Security according to Article 14 of Circular No. 62/2020/TT-BCA dated June 19, 2020 issued by the Minister of Public Security on the allocation of responsibilities and cooperation relationships in traffic accident investigation and resolution work of the public security force to organize rescue and emergency response, minimizing losses;

b) Determine the number of fatalities and injuries; promptly notify the nearest medical facility if there are injured persons requiring emergency care. In cases where injured persons remain at the scene after a road traffic accident, mark their positions, provide first aid if necessary before transporting them for emergency care; if using vehicles involved in the road traffic accident to transport injured persons for emergency care, mark the positions of the vehicles and traces on the vehicles, record relevant information about the vehicles and drivers (if applicable);

c) If arriving at the scene and injured persons related to the road traffic accident have already been transported for emergency care or left the scene, assign officers to verify the identities of the victims; through doctors and medical staff providing emergency care to quickly verify the physical condition of the victims;

d) In cases where victims refuse emergency care, traffic police officers must prepare a Record according to Form 02 issued together with Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing certain provisions and implementation measures of the Law on Handling Administrative Violations (hereinafter referred to as Decree No. 118/2021/NĐ-CP), record this incident, with confirmation from healthcare personnel (if available) and witnesses;

đ) In cases where victims have died, maintain their positions and cover the bodies, do not move vehicles related to the road traffic accident at the scene (if the body position could cause traffic congestion without traffic diversion plans, mark the position, photograph, video record the body and its position, then quickly move it to a suitable location for protection);

e) In cases where vehicles involved in the road traffic accident are damaged and unable to operate, notify relevant rescue units to arrange appropriate specialized crane and towing equipment to the scene to remove the vehicles to suitable locations according to the requirements of officers conducting accident investigation, verification, and resolution. All rescue costs shall be borne by the vehicle owners.

2. Protecting the accident scene

a) Use reflective ropes, cone-shaped markers, no-entry signs, directional signs, danger warning signs and auxiliary signs, warning lights, and hazard lights equipped for traffic police officers performing patrol, supervision, and violation handling duties to demarcate and protect the scene, ensuring safety for officers investigating the scene, and taking measures to protect the property of victims and goods on vehicles involved in the road traffic accident;

b) Deploy officers to direct traffic in the demarcated area around the scene, maintaining a minimum distance of 70 meters (for expressways, a minimum of 100 meters) while placing warning signs, speed limit signs, and directional signs one meter to two meters ahead of traffic directing officers to warn drivers passing through the scene to reduce speed and pay attention to avoid endangering the investigation team;

c) If traffic police vehicles equipped with sirens, priority lights, and lighting systems are available, park the vehicle close to the right shoulder of the road in front of the scene in the direction of heavy traffic flow, place cone-shaped markers, warning signs, speed limit signs, and directional signs behind the vehicle according to regulations, and activate the siren, priority lights, and lighting system to alert other vehicles;

3. Organizing and guiding traffic to prevent congestion

a) In cases where vehicles involved in the road traffic accident may cause traffic congestion, mark the positions of the vehicles and traces on the vehicles, photograph and video record the vehicles and their positions, then quickly move the vehicles to suitable locations for protection, except in cases stipulated in point đ of Clause 1 of this Article;

b) In cases where a road traffic accident has caused traffic congestion, report to unit leaders to strengthen manpower and equipment, implement traffic diversion plans, and resolve congestion from a distance;

4. In cases where persons or vehicles involved in the road traffic accident flee, in addition to carrying out the provisions of Clauses 1, 2, and 3 of this Article, also verify detailed information about the characteristics of the person causing the accident and fleeing; type of vehicle, color, and license plate number (searched in the vehicle registration and management software system), especially the damage to the vehicle and the direction of escape.

Compare and identify traces formed during the collision. Based on the characteristics of the fleeing vehicle and the traces left on the vehicle, organize the search for the person and the vehicle causing the accident, notify traffic police units along the route to cooperate in capturing them, and simultaneously announce through mass media to search for them.

5. Mobilize civilian personnel, means, and equipment in emergency situations.

In urgent situations to transport injured persons for medical treatment, apprehend criminals, drivers who flee after causing traffic accidents, rescue, salvage, firefighting, or other urgent tasks, the right to mobilize civilian personnel, means, and equipment shall be implemented according to Article 68 of the Road Traffic Safety Law 2024.

6. Collect initial information.

a) Observe to detect and collect easily changing or disappearing traces; changes affecting the scene during the organization of emergency medical care for injured persons.

b) Locate the driver and individuals related to the road traffic accident; inspect and temporarily detain the documents of individuals and vehicles related to the road traffic accident according to regulations; in cases where the information of the documents of individuals and vehicles has been integrated and updated in the electronic identity card, electronic identification account on the National Identification Application, managed in the database by the Ministry of Public Security, then conduct inspections through the information in the electronic identity card, electronic identification account on the National Identification Application, managed in the database by the Ministry of Public Security.

c) Find witnesses and individuals who know about the road traffic accident to collect information about the accident (if available, record their full name, place of residence, phone number, personal identification number or passport or international travel documents).

d) Use technical equipment provided to traffic police forces to immediately check the alcohol concentration, narcotics, or other stimulants prohibited by law in the blood of the drivers involved in the road traffic accident at the scene or request medical facilities to check the alcohol concentration, narcotics, or other stimulants prohibited by law in the blood of the drivers involved in the accident who are being treated or cannot be checked using technical equipment.

đ) Review and collect electronic data from the Traffic Surveillance System of the Traffic Police; request agencies, organizations, and individuals to provide electronic data from the monitoring cameras, monitoring devices installed on vehicles passing through the accident site, or images from the cameras of surrounding agencies, organizations, and individuals within the time frame of the road traffic accident (if available).

7. Coordinate with relevant units to initially determine the preliminary damage to people and property at the scene of the road traffic accident.

a) The traffic police will lead and coordinate with relevant units to initially assess the damage based on the actual situation at the scene including: damaged vehicles and property; human casualties; statements of road traffic drivers, victims, and related individuals, and collected information to determine the initial value of damage to people and property.

b) Participants in the initial assessment of damage include representatives of the Provincial Criminal Investigation Agency^[13] or investigators assigned to the local police station where the road traffic accident occurred (if applicable); representatives of the People's Procuracy at the same level (if applicable); road traffic drivers, victims, or their legal representatives (if applicable); representatives of the local government (if applicable); representatives of organizations or individuals with the function and conditions to evaluate and determine property damage (if applicable); doctors and medical facility staff (if applicable); witnesses, interested parties, individuals with specialized knowledge (if applicable);^[14] (if any); the driver of the road traffic vehicle, the victim or their lawful representative (if any); representative of the commune-level authority (if any); representative of organizations or individuals with the function and conditions to assess and determine property damage (if any); doctor, staff member of a medical examination and treatment facility (if any); witness, person with rights and interests related to the case, person with specialized knowledge (if any);

c) The initial damage assessment must be recorded in the Record Form No. 03/TNDB issued together with this Circular. If members have differing opinions, the leading unit shall decide on the initial damage assessment.

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

a) If a road traffic accident is discovered with one of the following signs regarding consequences:death at the scene, death en route to medical treatment, death while receiving medical treatment, or risk of death;severe injuries such as crushed, torn, severed limbs; brain trauma; three or more individuals with broken limbs or evidence indicating bodily injury with a disability rate of 61% or higher or evidence indicating property damage of VND 100 million or higher, then proceed as follows:

For officers of the Traffic Police Corps, report to the Director of the Corps, and for officers of the Provincial Traffic Police Department, report to the Head of the Department to immediately transfer the case to the Provincial Criminal Investigation Agency^[15] authorized to investigate and resolve the case.^[16]

b) In cases where the road traffic accident does not fall under point a of this Clause but falls under the responsibility of investigation and resolution of the Traffic Police Corps and the Provincial Traffic Police Department if it is determined that the road traffic accident may involve criminal offenses as defined in Articles 260, 261, 262, 263, 264, and 281 of the Penal Code 2015 (amended in 2017), officers of the Traffic Police Corps must report to the Director of the Corps, and officers of the Provincial Traffic Police Department must report to the Head of the Department to perform investigative duties and powers according to Article 38 of the Criminal Investigation Agency Organization Law 2015 and Article 40 of the Criminal Procedure Code 2015 (amended in 2021);

c) For road traffic accidents not falling under the provisions of points a and b of this Clause, assign traffic police officers to conduct investigations, verifications, and resolutions according to this Circular and relevant laws.

9. During the process of verifying and resolving road traffic accidents, if there is a person who was injured and undergoing treatment but has since died, or there is a basis to determine that the cause of death was due to the road traffic accident, the following actions shall be taken:

a) For officers of the Traffic Police Corps, report to the Director; for officers of the Provincial Traffic Police Department, report to the Head of the Department to transfer to the Investigation Department of the Provincial Public Security Agency.^[17] authorized to investigate and resolve the case.

b)^[18] (Repealed)

Chapter 2. CONTENTS AND METHODS OF INVESTIGATION AND VERIFICATION OF ROAD TRAFFIC ACCIDENTS

Article 7. Contents of investigation and verification of circumstances of road traffic accidents road

1. When conducting investigations and verifications of road traffic accidents, traffic police officers have the responsibility to clarify:

a) Whether there are signs of criminal offenses;

b) Whether there are violations of traffic order and safety on roads; the course of events and causes leading to the road traffic accident;

c) Individuals or organizations committing violations of traffic order and safety on roads, their faults, and personal backgrounds;

d) Aggravating or mitigating circumstances;

đ) The nature and extent of damage caused by violations of traffic order and safety on roads;

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

g) Inefficiencies, loopholes, and shortcomings in traffic organization, quality of traffic infrastructure; management of vehicles and drivers;

h) During the investigation and verification process, it may be proposed to request forensic examination and asset valuation.

2. Traffic police officers assigned to the scene to carry out investigative measures, resolve road traffic accidents must prepare a Record of the Incident according to Model No. 02/TNĐB issued together with this Circular. Within 24 hours from the time of preparing the Record of the Incident, the officer responsible for preparing the record must report to the competent authority to issue a Decision assigning officers to investigate, verify, and resolve road traffic accidents according to Model No. 04/TNĐB issued together with this Circular and prepare an Investigation Plan according to Model No. 05/TNĐB issued together with this Circular, which must be approved by the competent authority.

3. Methods of investigating and verifying circumstances of road traffic accidents shall be carried out in accordance with Articles 8, 9, 10, 11, 12, 13, and 14 of this Circular.

Article 8. Examination of the Accident Scene road

1. The examination of the accident scene for road traffic accidents having one of the signs stipulated in point a, b Clause 8 Article 6 of this Circular shall be conducted in accordance with the provisions of criminal procedure law.

2. The examination of the accident scene for road traffic accidents not having one of the signs stipulated in point a, b Clause 8 Article 6 of this Circular shall be carried out in accordance with Clauses 3, 4, 5, 6, and 7 of this Article.

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

a) Accepting tasks from the site protection department;

b) Determine the scope of the accident scene; the positions of victims, evidence, vehicles, traces; assess whether the scene remains intact or has been disturbed. Use cameras provided to record the entire area of the scene before examination;

c) Determine the composition of the examination team;

Depending on the nature and severity of the road traffic accident, invite appropriate participants such as: Criminal Technical Officers; Investigative Police, Fire Prevention and Control Police; Village, Town, Ward Police, Police Station where the road traffic accident occurred; representatives of the local government at the commune level where the road traffic accident occurred; representatives of vehicle inspection centers or individuals, organizations with expertise (related to the examination of motor vehicles); representatives of road management units, representatives of construction management units, representatives of technical units related to the accident (for road traffic accidents involving bridges, roads, tunnels); representatives of enterprises, businesses (people with expertise in valuation fields) to determine initial asset losses; witnesses; persons with rights and interests related to the case;^[19] đ) Choose the method of examination; determine the direction of examination appropriately; determine reference points (landmarks) and standard edges of the road to locate victims, evidence, vehicles, and traces. Reference points must be durable over time, easily recognizable, and convenient for measuring and drawing the accident scene diagram;

d) Assigning tasks to participating members;

e) Prepare technical equipment, tools, and scanning devices (if available) to serve the examination of the accident scene.

4. Conducting the examination of the accident scene

When conducting the examination of the accident scene, a Record of the Examination of the Accident Scene of Road Traffic Accidents according to Model No. 06/TNĐB issued together with this Circular and a Diagram of the Accident Scene of Road Traffic Accidents according to Model No. 07/TNĐB issued together with this Circular must be prepared; the diagram of the accident scene must correspond to the Record of the Examination of the Accident Scene. The examination of the accident scene shall be carried out as follows:

a) Observe the entire area where the road traffic accident occurred to identify the positions of victims, evidence, vehicles, and traces related to the road traffic accident at the scene;

b) Based on the direction of examination and landmarks at the scene, mark the positions of all victims, evidence, vehicles, and traces related to the road traffic accident in numerical order;

c) Take photos of the scene, including: General scene photos, partial scene photos, video footage (if available); take photos of victims, evidence, vehicles, and traces related to the case and place scale rulers. Photos of the scene must be compiled into a Photo Album of the Scene, arranged in order, with annotations;

d) Measure and draw a diagram of the accident scene of road traffic accidents, using consistent symbols and measurement units; fully depict the traffic organization (signs, road markings, traffic lights, and other related signaling systems, auxiliary facilities attached to the road where the accident occurred); the explanatory section must show the scale of the drawing, traces, and symbols on the diagram of the accident scene.

d) Measure and draw a diagram of the accident scene of the road traffic accident, using consistent symbols and units of measurement; fully depict the traffic organization (signs, markings, signals, and other related signaling systems, and auxiliary structures attached to the road where the accident occurred); the explanatory note must indicate the scale of the diagram, traces, and symbols on the accident scene diagram;

đ) Collecting evidence, means, and traces to preserve and take samples for comparison in accordance with the provisions of the law. Traces that are easily changed or deformed must be collected and preserved immediately such as blood stains, hair, fibers, gasoline, oil, other chemical traces.

5. Preparing the On-Site Inspection Report for Traffic Accidents on Roadways

The content of the on-site inspection report must record the start and end time of the inspection, the location, the participants in the inspection, the condition of the scene before the inspection, weather and lighting conditions during the inspection, the inspection process, specifically as follows:

a) Describing the general scene: the location of the scene; characteristics of the scene; the type of road where the accident occurred (one-way or two-way, type of median strip, guardrails, crash barriers), width of the road surface, width of the shoulder, traffic signs, obstacles on the road, features of the road section (flat or sloping, straight or curved, obstructed or unobstructed view), condition of the road surface (made of what material: concrete, asphalt, gravel, soil); condition of the road surface (smooth, rough, cracked, slippery);

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

c) Recording the determination of reference points (markers), standard edge of the road, direction of the on-site inspection;

d) Describing the position and characteristics of victims, evidence, means, and traces at the scene according to the numbered marks made at the scene;

6. Concluding the examination of the accident scene:

e) Recording the process of using electronic scanning equipment, setting up a specialized model of the scene to measure the positions and characteristics of victims, evidence, means, and traces at the scene, drawing the scene or taking photos of the scene, filming (if applicable).

6. Concluding the On-Site Inspection of Traffic Accident Scenes on Roadways

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

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

c) Approving and signing the On-Site Inspection Report and the Diagram of the Traffic Accident Scene on Roadways.

7. After inspecting the scene, traffic police officers assigned to investigate, verify, and resolve traffic accidents on roadways must submit a Report on the Results of Inspecting the Traffic Accident Scene on Roadways according to Form No. 08/TNĐB issued together with this Circular and propose further investigation, verification, and resolution measures.

Article 9. Inspecting Means Related to Traffic Accidents road

1. Participants in the inspection shall follow Point c Clause 3 Article 8 of this Circular.

2. All means related to traffic accidents on roadways must be inspected and an On-Site Inspection Report of Means Related to Traffic Accidents on Roadways according to Form No. 09/TNĐB issued together with this Circular must be prepared either at the scene or at the temporary storage location immediately after concluding the on-site inspection. If there are multiple vehicles involved, each vehicle must be inspected sequentially, and one On-Site Inspection Report of Means Related to Traffic Accidents on Roadways must be prepared for each vehicle.

3. Checking all documents of the vehicle operator, documents of the means of transportation related to the traffic accident such as driver's license, personal identification documents (if available), vehicle registration (compare with license plate number, chassis number, engine number), certificate of technical safety and environmental protection inspection (for types of vehicles required to have such certificates), compulsory civil liability insurance certificate for motor vehicles, and other documents related to the business operation conditions of the vehicle and goods transported on the vehicle (if available). In cases where relevant documents of individuals and vehicles are integrated into the electronic identity card or electronic identity account on the National Identity Application, traffic police will conduct document checks through the electronic environment.

4. Inspecting automobiles, special-purpose motorcycles, and similar vehicles shall be conducted from outside to inside, from front to back, from right to left, from top to bottom including undercarriage; placing scale rulers and taking photographs, filming (if applicable). Checking the steering system, braking system, suspension system, clutch, throttle, gears, instruments, lights, horn, mirrors, wipers, data recording devices of the engine operation, safety systems of the means of transportation, and other equipment of the means of transportation according to the technical safety inspection contents of motor vehicles on roadways; goods carried on the means of transportation.

5. Inspecting motorcycles, bicycles, and similar vehicles shall be conducted from outside the vehicle, from front to back, from right to left, from top to bottom; placing scale rulers and taking photographs, filming (if applicable). Checking the braking system, clutch, throttle, gears, instruments, lights, horn, mirrors, and other equipment of the means of transportation (if available).

6. The On-Site Inspection Report of Means Related to Traffic Accidents on Roadways must detail: documents, characteristics of the means of transportation; describing traces; recording damage and malfunctions of the means of transportation, recording the collection of samples and traces and technical equipment (such as dash cameras, driving monitoring devices, black boxes, other electronic data storage devices) to serve forensic work.

7. Approving and signing the On-Site Inspection Report of Means Related to Traffic Accidents on Roadways.

Article 10. Temporary detention and handling of vehicles, objects, documents, licenses, and certificates of drivers related to road traffic accidents for investigation, verification, and resolution

1. The temporary detention of vehicles, objects, documents, licenses, and certificates of drivers related to road traffic accidents shall be carried out in accordance with Article 125 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020) and other relevant provisions.

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

2. Before extending the period of temporary detention of vehicles, objects, documents, licenses, and certificates of drivers related to road traffic accidents, the investigator assigned to investigate, verify, and resolve the road traffic accident must report and propose an extension of the detention period according to Model No. 10/TNĐB issued together with this Circular.

3. The handling of vehicles, objects, documents, licenses, and certificates of drivers related to road traffic accidents shall be carried out in accordance with Article 126 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020) and other relevant provisions.

4. After completing the examination of the vehicle involved in the accident, if it is determined that the driver did not commit any fault and did not violate any other laws, the vehicle must be immediately returned to its owner or the driver. It is strictly prohibited to retain the vehicles of parties involved in the road traffic accident as evidence for resolving compensation claims.

Article 11. Recording statements of drivers participating in road traffic, victims, witnesses, and other related persons in road traffic accidents

1. The recording of statements must be documented in a Statement Recording Form according to Model No. 17/TNĐB issued together with this Circular; the form must clearly state the time (hour, day, month, year), location of the statement recording; name, position of the person recording the statement; name, address, occupation, personal information, health status of the person whose statement is being recorded; time, location of the occurrence of the road traffic accident, traffic density; request the person whose statement is being recorded to provide a self-statement (if possible). For persons under 18 years old, when recording their statements, invite their guardians (father, mother, legal representative, teacher, or principal) to attend and sign the form.

2. Recording statements of drivers related to the road traffic accident: information about driving licenses; position of the vehicle on the road, direction of movement, speed, technical operations; recognition of the driver before the road traffic accident occurred and how they handled the situation before, during, and after the road traffic accident; circumstances related to the road traffic accident; development, cause, and consequences of the road traffic accident. If the driver has alcohol, drugs, or other stimulants prohibited by law, immediately inquire about the time of use, whether before or after the road traffic accident.

3. Recording statements of victims and other related persons in the road traffic accident: the content of the statement must clarify the development, cause of the road traffic accident, human and property losses caused by the road traffic accident; in cases where there are seriously injured or potentially fatal victims, record their statements immediately or use professional cameras provided to record the statements; ask concise and clear questions. If the victim cannot speak due to serious injuries, create a record with a witness present.

4. Recording statements of witnesses

a) The content of the statement must clarify the following issues: the relationship of the witness with the parties involved in the road traffic accident; the location, distance between the witness and the site of the road traffic accident, weather and lighting conditions at the time of the accident, how they became aware of the road traffic accident; the direction of movement of the parties involved in the road traffic accident (persons and vehicles); the section of the road and speed, handling actions of the driver and other traffic participants before, during, and after the road traffic accident; the location of the evidence, vehicles, and persons after the road traffic accident, whether that location was changed, if so, who made the change, why, and how; the external manifestation of the psychological state of the person causing the accident (influence of alcohol, beer, or other strong stimulants, health condition); other factors related to the road traffic accident known by them, who else knows about the road traffic accident.

b) When necessary, organize for the witness to reenact the scene to determine the objectivity and authenticity of the statement;

c) In cases where the statement of the witness cannot be recorded immediately at the scene, traffic police officers must record information about the witness's place of residence, workplace, school, and contact phone number (if available). The statement can be recorded at the witness's place of residence or workplace, or the witness may be invited to the police station to give a statement;

d) In cases where the road traffic accident involves multiple witnesses, select statements from those with sufficient grounds for verification; in cases where initial verification determines that there are no witnesses, traffic police officers must report to the competent authority.

Article 12. Recording marks on the body of victims in traffic accidents

1. The recording of marks on the body of victims must be done with the victim's consent and recorded meticulously; described specifically and detailed in the Record of Marks on the Body of Victims according to Model No. 11/TNĐB issued together with this Circular. Mark the location of injuries on the Diagram of Injury Marks Locations on the Body of Victims according to Model No. 12/TNĐB issued together with this Circular, place a scale ruler, take photographs, and create an image record of injury marks. The recording of marks on the body must be conducted by a person of the same gender and must have a witness of the same gender present. In necessary cases, a doctor or medical staff from a healthcare facility (if available) may be invited to participate.

2. If the victim goes for emergency treatment, a certificate of injury, treatment records for injuries caused by the accident, or the results of a request for a forensic assessment of the degree of bodily injury must be collected.

3. If the victim does not go for emergency treatment but requests a forensic assessment of the degree of bodily injury, the provisions of Clause 1 of this Article must be implemented and a report made to the competent authority leader requesting or proposing the relevant agency to conduct the forensic assessment according to the law.

Article 13. Inspection and verification of conditions of vehicles, drivers when participating in road traffic; inspection of passengers, transported goods, and related documents

1. Inspect and verify the types of documents specified in Clause 3 of Article 9 of this Circular; check if they have been altered, erased, or issued by a competent authority. Verify from the Road Traffic Safety Database to determine the driving history of the vehicle driver confirmed by the unit managing the database system.

2. The inspection and verification of vehicles, drivers, passengers, transported goods, load capacity according to regulations on the vehicle, and related documents must invite representatives of organizations or enterprises (with authority and expertise in valuation fields) to determine the value of property damage and establish an Inspection Verification Record.

Article 14. Specialized Appraisal, Valuation of Property Damage

1. In cases requiring an appraisal of the degree of bodily injury of victims, mark appraisal; technical appraisal of vehicles, bridges, roads, ferries, traffic organizations, quality of transportation works directly related to road traffic accidents to serve as the basis for resolving road traffic accidents according to Clause 1 of Article 59 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020), valuation of property damage, traffic police officers assigned the task of investigating, verifying, and resolving road traffic accidents must report to the competent authority leader to issue a Decision requesting an appraisal, requesting valuation of property damage to request or propose relevant agencies to conduct the appraisal, valuation of property according to the law.

2. For traffic police officers under the Traffic Police Corps or Provincial Traffic Police Department during the process of verifying and resolving road traffic accidents within the investigative tasks and powers of the force units in the Public Security assigned to carry out some investigative activities and find it necessary to implement the procedure of requesting an appraisal, requesting valuation of property when falling under one of the cases stipulated in Article 205 or Article 215 of the Criminal Procedure Code 2015 (amended and supplemented in 2021), they must report to the Director of the Traffic Police Corps or the Head of the Provincial Traffic Police Department with a letter requesting the same-level Criminal Investigation Agency to conduct an appraisal request, valuation request according to Model No. 15/TNĐB issued together with this Circular. Within 24 hours from issuing the request letter to the Criminal Investigation Agency, the Traffic Police Corps or Provincial Traffic Police Department must send it to the same-level People's Procuratorate with the requested Criminal Investigation Agency.

3. In cases where victims or their representatives refuse to undergo injury appraisals without valid reasons or due to objective obstacles, efforts should be made to persuade them about their rights and obligations according to the law; if they persistently refuse, a record must be established detailing the refusal reasons, confirmed by them and witnesses. Actively collect medical records at healthcare facilities to cooperate with relevant appraisal units through records in cases where direct victim participation in appraisals faces difficulties. If victims or their representatives continue to obstruct, oppose, then handle according to the nature and severity as prescribed by law.

Article 15. Reconstruction of the Accident Scene traffic accident on the road

1. During the investigation and verification of a traffic accident on the road, if there is evidence to determine that the scene has been disturbed, fabricated, or if it is deemed necessary for the investigation and verification of the traffic accident on the road, the organization shall reconstruct the scene of the traffic accident on the road for investigation and verification. The reconstruction of the scene must have a Plan for Reconstructing the Scene according to Model No. 16/TNĐB issued together with this Circular and be approved by the competent authority.

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

3. Upon completion of the reconstruction of the scene of the traffic accident on the road, a Record of Examination of the Reconstructed Scene must be established, and a Diagram of the Reconstructed Scene of the Traffic Accident on the Road must be drawn. Those involved in reconstructing the scene must sign and clearly write their names on the record and diagram.

Article 16. Reviewing the Results of Investigation and Verification of Traffic Accidents road

Traffic Police officers, while performing tasks as prescribed in Articles 8, 9, 10, 11, 12, 13, 14, and 15 of this Circular, shall determine:

1. If the traffic accident on the road does not have signs of criminal offenses, report the results and propose solutions to the traffic accident on the road according to Model No. 10/TNĐB issued together with this Circular to the competent authority to issue a Notice of the Results of Investigation, Verification, and Resolution of the Traffic Accident on the Road according to Model No. 13/TNĐB issued together with this Circular. The resolution of the traffic accident on the road shall be carried out according to Article 18 of this Circular.

2. If the traffic accident on the road has signs of criminal offenses

a) Traffic Police officers under the Traffic Police Corps must report to the Director of the Corps, and Traffic Police officers under the Provincial Traffic Police Department must report to the Head of the Department to direct the investigation and resolution of the traffic accident on the road according to Article 22 of this Circular;

b)^[20] (Repealed)

3. In cases where individuals or organizations are found to intentionally infringe upon the lives, health, or property of others or intentionally cause a traffic accident on the road to conceal other criminal acts, Traffic Police officers must report to the competent authority to issue a Decision to transfer the case file, objects, and vehicles to the competent investigative agency to initiate criminal proceedings according to Article 62 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020).

Section 3. RESOLUTION OF TRAFFIC ACCIDENTS ON THE ROAD

Article 17. Time Limit for Investigation, Verification, and Resolution of Traffic Accidents road

1. For traffic accidents on the road without signs of criminal offenses, the time limit for investigation, verification, and resolution is as follows: Upon receiving information about a traffic accident on the road, the Traffic Police must conduct investigation, verification, and resolution within a period not exceeding seven working days; in cases where the traffic accident on the road has complex circumstances requiring additional verification or must go through specialized appraisal, the period may be extended but not more than one month from the date of receipt of information about the traffic accident on the road; in cases where additional time is needed to verify and collect evidence, the period may be further extended, but not more than two months from the date of receipt of information about the traffic accident on the road. Any extension must be reported in writing to the competent authority according to Form No. 10/TNĐB issued together with this Circular.

2. For traffic accidents on the road as stipulated in point b, Clause 8, Article 6 of this Circular, or during the investigation, verification, and resolution of traffic accidents on the road as stipulated in point c, Clause 8, Article 6 of this Circular, if signs of criminal offenses are discovered, the Traffic Police Corps or the Provincial Traffic Police Department shall carry out verification and resolution according to the time limits prescribed in Clause 1 and Clause 2 of Article 147 of the Criminal Procedure Code 2015 (amended and supplemented in 2021) and Articles 9 and 11 of Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated December 29, 2017 of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development, and the Supreme People's Procuracy on cooperation among competent agencies in implementing certain provisions of the Criminal Procedure Code 2015 regarding the acceptance, handling, and resolution of reports and complaints about criminal offenses and requests for prosecution (amended and supplemented some articles in 2021) and Article 12 of Circular No. 28/2020/TT-BCA dated March 26, 2020 of the Minister of Public Security on procedures and formalities for accepting, classifying, handling, and resolving reports and complaints about criminal offenses and requests for prosecution by the People's Public Security force (amended and supplemented some articles in 2021).

Article 18. Handling Road Traffic Accidents on the road according to administrative procedures

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

1. Invite the parties involved or their lawful representatives to the unit's office to notify the results of the investigation and verification (conclusion on the cause, course of the road traffic accident, determination of the fault of those involved in the road traffic accident, and form of administrative violation handling), while establishing a Record of Road Traffic Accident Resolution according to Model No. 14/TNDB issued together with this Circular. Establish an Administrative Violation Record (if applicable) according to the provisions of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020).

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

2. Report to authorized leaders to issue decisions on administrative penalties in the field of road traffic; when applying the form of revoking the right to use licenses, certificates, traffic police implement the revocation of documents electronically in cases where these documents have been integrated into electronic identity cards, electronic identification accounts on the National Identification Application; deduct points, restore driving license points according to the Government's regulations (if applicable).

3. Guide the parties involved in the road traffic accident to resolve civil compensation claims at the agency or unit's office.

In case the parties involved in the road traffic accident cannot reach an agreement to resolve civil compensation claims, a record must be established, and guide the parties to contact the competent court to resolve according to civil litigation procedures.

4. After completing the investigation, verification, and resolution of the road traffic accident, traffic police officers complete the file and report to the unit's leadership to conclude the investigation, verification, and resolution of the road traffic accident; implement statistical and reporting systems for road traffic accidents, store files according to the Ministry of Public Security's regulations and related laws.

5. For road traffic accidents investigated and resolved by the Investigative Agency but later decided not to initiate criminal proceedings, revoke the decision to initiate criminal proceedings, suspend investigation, or terminate the case, but the administrative violation behavior is transferred to the traffic police agency responsible for ensuring traffic order and safety on the route, area for administrative violation handling, the assigned traffic police officer reports to the authorized person to implement according to Article 63 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020) and based on each specific road traffic accident, implement the provisions of Clause 2 of this Article.

6. When traffic police officers arrive at the scene to perform investigation, verification, and resolution tasks for road traffic accidents without health or life consequences for people, only minor property damage (traffic collision) and the parties involved request civil settlement at the scene, the assigned officer proceeds to resolve according to the following steps:

a) Implement the contents stipulated in Clauses 1 and 2 of Article 7; Clauses 3, 4, 5, 6, and 7 of Article 8; Articles 9; Article 10; Clauses 1 and 2 of Article 11; Article 13 of this Circular;

b) Based on the content of the request to resolve the traffic collision, the assigned officer establishes a working record with the parties involved in the road traffic accident;

c) Within 07 working days, the assigned officer reports the investigation results and proposed resolution of the road traffic accident according to Model No. 10/TNDB issued together with this Circular to the authorized leader to issue a Notification of Investigation, Verification, and Resolution Results of the Road Traffic Accident according to Model No. 13/TNDB issued together with this Circular.

7. Upon completion of the investigation, verification, and resolution of the road traffic accident, if the agency or unit handling the road traffic accident discovers deficiencies, inadequacies, or shortcomings in the management of national infrastructure, organization of road traffic, management of vehicle operators, and vehicle management, they shall submit a recommendation letter to the management agency or the main sector to take corrective measures.

Article 19. Traffic Accidents Statistics on Roadways

The statistics of traffic accidents on roadways must update information about traffic accidents on roadways into the Accident Database, the Data Aggregation Software, synchronize data, and process traffic accidents as follows:

1. Traffic police officers assigned the tasks of investigating, resolving traffic accidents on roadways or managing and utilizing the Accident Database shall be responsible for:

a) Within twelve hours from receiving reports of traffic accidents occurring on their patrol routes or areas, traffic police officers must immediately update initial information about the traffic accident on roadways into the Data Aggregation Software or the Accident Database including: time, location of the accident, number of fatalities, number of injured persons;

b) Implementing the provisions stipulated in Clause 1, Article 30 of Circular No. 26/2024/TT-BCA dated June 21, 2024 issued by the Minister of Public Security regarding the statistics, compilation, construction, management, exploitation, and utilization of the Accident Database on roadways, railway traffic accidents, and inland waterway traffic accidents.

2. Traffic accidents on roadways specified in point c, Clause 8, Article 6 of this Circular must be updated in the Data Aggregation Software. For traffic accidents on roadways during the investigation and verification process, paper forms must be completed within forty-eight hours and then updated into the Data Aggregation Software.

3. Traffic accidents on roadways specified in points a and b, Clause 8, Article 6 of this Circular must be updated in the Criminal Investigation Software.

4. In cases where traffic accidents on roadways occur on the patrol routes or areas of traffic police units assigned to patrol, control, and handle violations but are investigated and resolved by the Criminal Investigation Agency or the Military Criminal Investigation Agency, the traffic police unit responsible for the route or area shall cooperate closely with the Criminal Investigation Agency or the Military Criminal Investigation Agency to gather information about related vehicles, vehicle drivers, victims, pedestrians, arrest warrants, investigative conclusions, or other relevant documents to update into the Accident Database.

5. If there is a need to adjust information, delete, or unlock (for completed files) in the Accident Database system, traffic police officers shall report to their leadership and send requests for adjustment, deletion, or unlocking to the Traffic Police Corps for review and action.

6. Within seven working days from the completion of the investigation, verification, and resolution of traffic accidents on roadways, traffic police officers shall report to authorized leadership to approve the final status of the traffic accident on roadways in the Data Aggregation Software or the Accident Database.

Article 20. Inspection of traffic accident investigation, verification, and resolution work on public roads

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

2. When a traffic accident occurs on public roads as stipulated in Clause 4, Article 5 of this Circular or upon the directive of the leadership of the Ministry of Public Security, the Traffic Police Corps shall be responsible for coordinating with relevant units and local police forces where the traffic accident occurred to inspect traffic order and safety assurance work to assess the causes and examine the responsibility of individuals and organizations involved in the traffic accident.

Article 21. Forms Used in Traffic Accident Investigation, Verification, and Resolution Work by Traffic Police

1. In the process of investigating, verifying, and resolving traffic accidents on public roads, if the Traffic Police Corps and Provincial Traffic Police Departments discover signs of criminal offenses, they shall use the forms issued together with Circular No. 119/2021/TT-BCA dated December 8, 2021, issued by the Minister of Public Security, which specifies forms, documents, and ledgers for criminal investigations.

2. For the administrative procedure of investigating, verifying, and resolving traffic accidents on public roads, the forms issued together with Decree No. 118/2021/NĐ-CP and the forms specified in Clause 3 of this Article shall be used.

3. The following forms are hereby issued together with this Circular:

a) Traffic Accident Case Logbook (Form No. 01/TNĐB);

b) Incident Report (Form No. 02/TNĐB);

c) Preliminary Damage Assessment Report (Form No. 03/TNĐB);

d) Decision on Assignment of Investigators for Traffic Accident Cases (Form No. 04/TNĐB);

đ) Investigation, Verification, and Resolution Plan for Traffic Accident Cases (Form No. 05/TNĐB);

e) Traffic Accident Scene Examination Report (Form No. 06/TNĐB);

g) Traffic Accident Scene Diagram (Form No. 07/TNĐB);

h) Traffic Accident Scene Examination Result Report (Form No. 08/TNĐB);

i) Vehicle Examination Report Related to Traffic Accidents (Form No. 09/TNĐB);

k) Proposal for Resolving Traffic Accidents (Form No. 10/TNĐB);

l) Record of Evidence Marks on Victims' Bodies (Form No. 11/TNĐB);

m) Diagram of Position and Wound Marks on Victims' Bodies (Form No. 12/TNĐB);

n) Notification of Investigation, Verification, and Resolution Results for Traffic Accidents (Form No. 13/TNĐB);

o) Traffic Accident Resolution Report (Form No. 14/TNĐB);

p) Request for Expert Appraisal and Asset Valuation (Form No. 15/TNĐB);

q) Reconstruction Plan of Traffic Accident Scene (Form No. 16/TNĐB);

r) Statement Recording Witness Statements (Form No. 17/TNĐB).

Section 4. SPECIFIC SITUATIONS IN TRAFFIC ACCIDENT INVESTIGATION, VERIFICATION, AND RESOLUTION ON PUBLIC ROADS

Article 22. Situations in Resolving Traffic Accidents on Public Roads Upon discovery of criminal indications during the investigation, verification, and resolution of traffic accidents on public roads according to the functions assigned to agencies tasked with conducting certain investigative activities

1. During the implementation of traffic accident investigation, verification, and resolution work on public roads as stipulated in point b, c, Clause 8, Article 6 of this Circular, if criminal indications are discovered that do not fall under cases requiring transfer to Military Criminal Investigation Agencies with jurisdiction, the traffic accident investigators assigned by the Traffic Police Corps shall report to the Director of the Corps, and those assigned by the Provincial Traffic Police Departments shall report to their Department Heads to implement or assign deputy officers or investigators to perform the following tasks:

a) The Traffic Police Corps shall coordinate with the Supreme People's Procuracy and the Provincial Traffic Police Departments shall coordinate with the Provincial People's Procuracy to classify criminal information sources and consider whether to initiate or not initiate criminal proceedings according to the law;

b) Coordinate to conduct expert appraisals and asset valuations as prescribed in Clause 2, Article 14 of this Circular and Inter-Ministerial Directive No. 02/HDLN-BCA-VKSNDTC dated January 31, 2024, on coordinating the execution of procedures for requesting expert appraisals and asset valuations by agencies tasked with conducting certain investigative activities of the People's Public Security Force;

c) Carry out investigative duties and powers as prescribed in Article 38 of the Law on Organization of Criminal Investigation Agencies 2015, Article 40 of the Criminal Procedure Code 2015 (amended and supplemented in 2021), Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated December 29, 2017, issued by the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development, and the Supreme People's Procuracy on the coordination between competent authorities in implementing certain provisions of the Criminal Procedure Code 2015 concerning the acceptance, handling of reports of crimes, and requests for prosecution (amended and supplemented in 2021), and Circular No. 28/2020/TT-BCA dated March 26, 2020, issued by the Minister of Public Security on the procedures and formalities for accepting, classifying, processing, and resolving reports of crimes and requests for prosecution by the People's Public Security Force (amended and supplemented in 2021).

2. Traffic accident case files transferred to the Criminal Investigation Agency This Circular takes effect from August 1, 2022./. a) Documents for agencies tasked with conducting certain investigative activities issued together with Circular No. 119/2021/TT-BCA dated December 8, 2021, issued by the Minister of Public Security, which specifies forms, documents, and ledgers for criminal investigations;

b) Traffic Accident Scene Examination Report; Traffic Accident Scene Diagram; Scene Photographs; Moving Image Storage Devices (if available);

b) The record of the inspection of the accident scene of the road traffic accident; Diagram of the accident scene of the road traffic accident; Photographs of the accident scene; mobile image storage device (if any);

c) Inspection report of the vehicle; Temporary detention record of evidence and vehicles; decision on temporary detention of evidence and vehicles; relevant documents of the vehicle, driver, and goods carried (if any);

d) Statement recording and narrative of persons involved in the traffic accident;

đ) Record of physical injury marks on the victim's body, Diagram of the location of injury marks on the victim's body, Reconstruction report of the traffic accident scene (if any);

e) Damage assessment conclusion regarding persons and property; other related documents (if any);

g) Evidence, vehicles, and items related to the accident (if any);

h) Handover receipt for the case file;

Article 23. Traffic accidents involving foreign individuals and vehicles on the road

1\. In cases where a traffic accident on the road involves foreign individuals and vehicles, this Chapter II of these Circulars shall be implemented; at the same time, the Inter-Ministerial Circular of the Procuracy, Public Security, Justice, and Foreign Affairs Ministries No. 01/TTLN dated September 8, 1988, guiding the investigation and handling of traffic violations caused by foreign individuals and vehicles, or international treaties to which the Socialist Republic of Vietnam is a party with different provisions, shall also be applied.

2\. When conducting investigations, verifications, and preliminary resolutions of traffic accidents on the road according to the law and these Circulars, the police authority must determine the identity of foreign individuals, the legal status of the offending vehicle, victims, and health injuries and property damage, along with other related issues. The police authority has the right to request the offender to present necessary personal documents and sign the investigation and verification records at the scene; if they refuse to sign, it must be noted in the record with a witness; simultaneously, continue to conduct investigative measures, verifications, and resolutions of traffic accidents on the road as follows:

a) For diplomatic personnel as defined in the Ordinance on privileges and immunities granted to diplomatic missions, consular posts, and representative offices of international organizations in Vietnam, their statements can only be taken as witnesses with their clear consent. If such requests are refused, it must be clearly recorded in the record;

b) For foreign individuals without diplomatic status (experts, businesspeople, students, interns, tourists in Vietnam, and other foreign individuals participating in activities within Vietnam) involved in traffic accidents, investigations, verifications, and resolutions shall be conducted as with Vietnamese citizens. Taking statements from foreign individuals shall follow standard procedures at the police authority's office. Foreign individuals may choose their own interpreter, or the police authority may invite an interpreter. If a diplomatic officer or Consul agrees to act as a witness, taking statements or verifying statements may be conducted at a convenient location agreed upon by them.

Article 24. Cases of traffic accidents on roads involving persons, vehicles, and property of the People's Army

1. In cases of traffic accidents on roads that can be immediately determined to not have criminal signs, involving persons, vehicles, and property of the People's Army, traffic police shall investigate, verify, and resolve such incidents, while coordinating with units managing persons, vehicles, and property of the People's Army related to the traffic accident to handle administrative violations (if any) in accordance with the law, and hand over the vehicles, property of the People's Army, and related documents upon request from agencies or units.

2. For traffic accidents on roads where initial investigation and verification reveal criminal signs within the jurisdiction of the People's Army's judicial organs, traffic police shall transfer all case files, documents, vehicles, and property related to the traffic accident to the Military Criminal Investigation Agency at the location or having jurisdiction for resolution, and make copies of the files for monitoring. After transferring to the Military Criminal Investigation Agency, traffic police shall continue to coordinate according to the request of the Military Criminal Investigation Agency.

3. Traffic police shall provide information on traffic accidents on roads or the content of traffic accidents on roads involving persons, vehicles, and property of the People's Army upon request of the Military Criminal Investigation Agency or competent agencies of the People's Army. Coordinate with the Military Criminal Investigation Agency or competent agencies of the People's Army to monitor, compile statistics, and update information on traffic accidents on roads involving persons, vehicles, and property of the People's Army.

Article 25. Cases of traffic accidents on roads leading to vehicle fires or explosions

When vehicles involved in traffic accidents lead to fires or explosions, traffic police must immediately notify the fire prevention, firefighting, rescue, and assistance unit at the location of the traffic accident to cooperate in resolving the situation; simultaneously organize traffic diversion, prohibit people and vehicles from entering the area with fires or explosions; conduct investigations, verifications, and resolutions of traffic accidents on roads in accordance with this Circular.

Article 26. Cases of traffic accidents directly involving vehicles transporting hazardous chemicals

When traffic accidents on roads occur involving vehicles transporting hazardous substances, traffic police must seal off the accident site in a necessary area and set up warning signs prohibiting people and vehicles from entering. At the same time, immediately report to the Provincial Public Security Director under the direct jurisdiction of the Central Government (if the traffic police officer belongs to the Traffic Police Corps, then report to the Chief of the Traffic Police Corps) for instructions and notification of relevant agencies to cooperate in resolving the situation.

Article 27. Cases of traffic accidents leading to public disorder

1. In cases where traffic accidents on roads involve relatives of victims or agitators demanding compensation, assaulting the person causing the accident, obstructing traffic to a non-severe extent, traffic police shall proactively explain, divide the crowd, disperse the crowd to prevent complications.

2. In cases of serious acts of disorder, it is necessary to report to the leadership of the unit to request support from local authorities and other forces; simultaneously protect the scene, vehicles, and drivers; maintain strength and continue to monitor the situation to serve the investigation, verification, and resolution process.

Chapter III. IMPLEMENTING PROVISIONS ^[21]

Article 28. Effectiveness and Transitional Provisions

1. This Circular shall take effect from January 1, 2025, and replace Circular No. 63/2020/TT-BCA dated June 19, 2020, issued by the Minister of Public Security on the procedures for investigating and resolving road traffic accidents involving motor vehicles.

2. For road traffic accidents occurring before January 1, 2025, the provisions of Circular No. 63/2020/TT-BCA dated June 19, 2020, issued by the Minister of Public Security on the procedures for investigating and resolving road traffic accidents involving motor vehicles shall be applied.

3. In cases where legal normative documents referred to in this Circular are amended, supplemented, replaced, or newly promulgated, the content of the references shall be implemented according to the amended, supplemented, replaced, or newly promulgated documents.

Article 29. Responsibility for Implementation

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

2. Heads of units under the Ministry of Public Security, Directors of provincial police forces directly under the central government shall be responsible for implementing this Circular.

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

^{______________________________________________}

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

“Pursuant to the Law on Inland Waterway Transport dated June 15, 2004; the Law Amending and Supplementing Certain Articles of the Law on Inland Waterway Transport 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] This point is abolished pursuant to Clause 6, Article 10 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road traffic order and safety, railway traffic, and inland waterway traffic, which takes effect from March 1, 2025.

^[3] This clause is amended pursuant to Clause 1, Article 10 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road traffic order and safety, railway traffic, and inland waterway traffic, which takes effect from March 1, 2025.

^[4] The phrase "Provincial-level public security agency" is replaced by the phrase "Traffic Police Department" pursuant to Point a, Clause 4, Article 10 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road traffic order and safety, railway traffic, and inland waterway traffic, which takes effect from March 1, 2025.

^[5] This point is amended pursuant to Clause 2, Article 10 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road traffic order and safety, railway traffic, and inland waterway traffic, which takes effect from March 1, 2025.

^[6] This point is amended pursuant to Clause 3, Article 10 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road traffic order and safety, railway traffic, and inland waterway traffic, which takes effect from March 1, 2025.

^[7] This clause is abolished pursuant to Clause 6, Article 10 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road traffic order and safety, railway traffic, and inland waterway traffic, which takes effect from March 1, 2025.

^[8] The phrase "Provincial-level public security agency" is abolished pursuant to Point a, Clause 5, Article 10 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road traffic order and safety, railway traffic, and inland waterway traffic, which takes effect from March 1, 2025.

^[9] The phrase "immediately notify the provincial-level public security agency at the location of the road traffic accident to coordinate in handling" is abolished pursuant to Point b, Clause 5, Article 10 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road traffic order and safety, railway traffic, and inland waterway traffic, which takes effect from March 1, 2025.

^[10] This point is abolished pursuant to Clause 6, Article 10 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road traffic order and safety, railway traffic, and inland waterway traffic, which takes effect from March 1, 2025.

^[11] The phrase "Provincial-level public security agency" is abolished pursuant to Point a, Clause 5, Article 10 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road traffic order and safety, railway traffic, and inland waterway traffic, which takes effect from March 1, 2025.

^[12] The phrase "Provincial-level public security agency" is abolished pursuant to Point a, Clause 5, Article 10 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road traffic order and safety, railway traffic, and inland waterway traffic, which takes effect from March 1, 2025.

^[13] The phrase "Investigation Department of the Provincial-level Public Security Agency" is replaced by the phrase "Investigation Department of the Provincial Public Security Agency" pursuant to Point b, Clause 4, Article 10 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road traffic order and safety, railway traffic, and inland waterway traffic, which takes effect from March 1, 2025.

^[14] The phrase "People's Procuracy at the provincial level" is replaced by the phrase "People's Procuracy at the same level" pursuant to Point c, Clause 4, Article 10 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road traffic order and safety, railway traffic, and inland waterway traffic, which takes effect from March 1, 2025.

^[15] The phrase "Investigation Department of the Provincial-level Public Security Agency" is replaced by the phrase "Investigation Department of the Provincial Public Security Agency" pursuant to Point b, Clause 4, Article 10 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road traffic order and safety, railway traffic, and inland waterway traffic, which takes effect from March 1, 2025.

^[16] The phrase "For traffic police officers of the provincial-level public security agency, report to the Chief of the provincial-level public security agency to assign traffic investigation officers to receive and investigate, resolve" is abolished pursuant to Point c, Clause 5, Article 10 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road traffic order and safety, railway traffic, and inland waterway traffic, which takes effect from March 1, 2025.

^[17] The phrase "Investigation Department of the Provincial-level Public Security Agency" is replaced by the phrase "Investigation Department of the Provincial Public Security Agency" pursuant to Point b, Clause 4, Article 10 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road traffic order and safety, railway traffic, and inland waterway traffic, which takes effect from March 1, 2025.

^[18] This point is abolished pursuant to Clause 6, Article 10 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road traffic order and safety, railway traffic, and inland waterway traffic, which takes effect from March 1, 2025.

^[19] The term "Station" is abolished pursuant to Point d, Clause 5, Article 10 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road traffic order and safety, railway traffic, and inland waterway traffic, which takes effect from March 1, 2025.

^[20] This point is abolished pursuant to Clause 6, Article 10 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security amending and supplementing certain articles of circulars regulating road traffic order and safety, railway traffic, and inland waterway traffic, which takes effect from March 1, 2025.

^[21] Article 14 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security to amend and supplement certain articles of circulars governing road traffic order and safety, railway traffic order and safety, and inland waterway traffic order and safety, shall take effect from March 1, 2025, and is stipulated as follows:

“Article 14. Implementation clause

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

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

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

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