✦ 智能摘要
Circular No. 27/2009/TT-BCA(C11) stipulates the tasks, powers, forms, and contents of patrol and supervision by traffic police on roads to ensure traffic order and safety. This Circular applies to officers and non-commissioned officers of the road traffic police force and organizations and individuals related to traffic activities within the territory of Vietnam. Notably, it specifies the tasks, powers, forms of patrol and supervision, as well as the contents of supervision by traffic police.
适用范围
Officers and non-commissioned officers of the road traffic police force and organizations and individuals related to traffic activities within the territory of Vietnam.
要点
- Personnel performing patrol and supervision duties must comply with laws, internal regulations of the People's Public Security, and other relevant provisions.
- Participants in traffic must strictly comply with laws governing road traffic.
- Personnel have the right to stop vehicles for inspection and handling violations according to the law.
- When patrolling and supervising publicly, personnel must wear uniforms as prescribed and use technical equipment as required.
- Personnel conducting patrol and supervision have the authority to apply measures to prevent administrative violations.
🌐 本文件的社会影响
- Positive impact: Ensuring traffic order and safety; promptly detecting and handling traffic violations.
- Negative impact: May obstruct traffic operations if not carried out in accordance with regulations.
❓ 常见问题
When can personnel of the traffic police stop vehicles?
Personnel conducting patrol and supervision may stop vehicles for inspection when they directly observe violations or detect them through technical equipment; implement plans or orders for comprehensive inspections from superiors; receive written orders from the head of the investigation agency; and act upon reports from agencies, organizations, or individuals regarding violations.
How can personnel of the traffic police use technical equipment?
When using technical equipment, personnel must follow the legal regulations concerning installation and usage.
Are there specific requirements for public patrols and supervision?
During public patrols and supervision, personnel must wear prescribed uniforms; use technical equipment as required; and properly issue commands to stop vehicles.
When can personnel of the traffic police apply measures to prevent administrative violations?
To promptly prevent administrative violations or to ensure compliance with administrative penalty decisions, the patrol team leader must decide or report to the competent authority to apply preventive measures.
How is an administrative violation record established?
After detecting a violation, personnel conducting patrols and supervision must establish an administrative violation record as prescribed. The record must be made in at least two copies, one of which is given to the violator.
全文
CIRCULAR
Regulations on the tasks, powers, forms, and contents of patrol and supervision by traffic police on roads
___________________________
Pursuant to the Law on People's Police of Vietnam 2005;
BASED ON THE LAW ON TRAFFIC ON ROADS 2008;
BASED ON Decree No. 136/2003/NĐ-CP dated November 14, 2003 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;
The Ministry of Public Security stipulates the tasks, powers, forms, and contents of patrol and control activities of traffic police on roads as follows:
This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.
Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.
This Circular stipulates the tasks, powers, forms, and contents of patrol and control activities of traffic police forces on roads to ensure traffic order and safety.
Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.
This Circular applies to officers and non-commissioned officers belonging to traffic police forces on roads (hereinafter referred to as officers and soldiers) performing patrol and control tasks and organizations and individuals related to road traffic activities within the territory of the Socialist Republic of Vietnam.
3. Responsibilities of traffic police on roads, participants in traffic
a) Officers and soldiers performing patrol and control tasks must comply with legal regulations, internal rules of the People's Public Security, provisions of this Circular, and other relevant legal regulations.
b) Participants in traffic must strictly comply with legal regulations on road traffic, inspection, and handling of violations by officers and soldiers performing patrol and control tasks.
II. TASKS AND POWERS OF OFFICERS AND SOLDIERS PERFORMING PATROL AND CONTROL TASKS ON ROADS
1. Tasks
When patrolling and controlling traffic on roads, officers and soldiers have the tasks of the People's Police force and the following specific tasks:
a) Implement directives from the Ministry of Public Security, the General Police Department, the Traffic Police Corps for Roads and Railways, the Provincial Public Security Director (hereinafter referred to as the Provincial Public Security), plans for patrols and controls that have been approved by competent authorities.
b) Ensure traffic order and safety within the scope of the patrol and control route; promptly and strictly handle violations according to legal regulations.
c) Propose measures to relevant agencies to promptly address deficiencies in state management of security, order, and traffic safety on roads.
d) Guide participants in traffic to strictly comply with legal regulations on road traffic; ensure traffic order and safety for vehicles entitled to priority according to legal regulations.
đ) Protect accident scenes, resolve traffic accidents according to legal regulations and the Ministry of Public Security; organize rescue operations for victims, ensuring smooth and safe traffic flow.
e) Cooperate with specialized units of the Ministry of Public Security to combat criminal activities operating on road transport routes according to legal regulations and the Ministry of Public Security.
2. Authorities
a) Have the right to stop road traffic vehicles (hereinafter referred to as vehicles); inspect vehicles, vehicle documents, driver documents, personal identification documents of persons being inspected, compliance with transportation regulations.
b) Handle administrative violations in the field of road traffic and public security and social order according to legal regulations.
c) Temporarily seize driving licenses, registration certificates, and other documents related to vehicles, drivers, or passengers when they violate laws, documents related to transportation activities; apply measures to block and ensure the handling of administrative violations according to legal regulations on handling administrative violations.
d) Request agencies, units, organizations, and individuals to cooperate and support in resolving labor accidents; traffic congestion, hindrances to traffic, or other situations causing disorder and traffic safety issues.
đ) Mobilize traffic vehicles, communication equipment, and their operators according to legal regulations.
e) Temporarily restrict travel on certain sections of roads, reallocate lanes, parking areas when there is traffic congestion or other necessary requirements for ensuring public security, order, and social safety.
III. UNIFORMS, EQUIPMENT, TECHNICAL DEVICES, WEAPONS, AND ASSISTANCE TOOLS OF ROAD TRAFFIC POLICE
1. Uniforms
a) Yellow trousers and shirts with serial numbers and insignias as prescribed.
b) Cap of the same color as the trousers and shirt, with a red brim, and the Public Security emblem attached to the front. Helmet of the same color as the trousers and shirt, with the Public Security emblem attached to the front, and "CSGT" letters in reflective blue on both sides (used during motorcycle patrols and controls).
c) Brown leather belt and cross strap.
d) Black leather shoes and other uniforms provided to traffic police according to regulations of the Ministry of Public Security.
2. Equipment, technical devices, weapons, and assistance tools
a) Transportation means: cars, motorcycles, and other specialized vehicles. Cars and motorcycles are equipped with lights and sirens of vehicles entitled to priority.
b) Technical devices
- Speed measuring device with video recording;
- Breathalyzer;
- Weighing scale for motor vehicles;
- Chemical marking device;
- Drug testing device;
- Specialized camera and audio recorder;
- Ultraviolet light;
- Specialized technical devices and other means.
c) Communication equipment: walkie-talkies, telephones, fax machines.
d) Weapons and assistance tools provided to traffic police.
đ) Traffic direction baton, whistle, loudspeaker, barricades, signs to block and stop vehicles.
e) Lighting equipment.
3. Use of technical devices, weapons, and assistance tools
When using technical devices, weapons, and assistance tools as specified in points b, c, d, and đ of Clause 2, Part III of this Circular, they must be installed and used in accordance with legal regulations on the installation and use of technical devices by the People's Police force in patrol and control activities and legal regulations on the management and use of weapons and assistance tools.
IV. FORMS OF PATROl AND CONTROL
1. PUBLIC PATROL AND CONTROL
a) Public patrol and control shall be carried out in the following manners:
- Mobile patrol and control;
- Control at Traffic Police Station;
- Control at a point on the traffic road.
When conducting mobile patrol and control, if it is controlled at a point, conversely, when controlling at a point, mobile patrol and control must be clearly recorded in the patrol and control plan. The control at a point on the traffic road or at the Traffic Police Station must have a plan approved by the Head of the Traffic Police Department or the head of the County-level Public Security Agency or higher.
b) When conducting public patrol and control, the following regulations must be implemented:
- Wearing uniforms in accordance with Clause 1, Section III of this Circular;
- Being allowed to use transportation means or walk for patrol and control within the assigned route and area. When using transportation means for patrol and control, signals of priority vehicles must be used continuously during the patrol and control process, the signal horn of priority vehicles can only be used in emergency situations.
- Being allowed to use technical equipment, weapons, and support tools as stipulated in Clause 2 and Clause 3, Section III of this Circular.
2. Combined public patrol and control with disguise
When conducting combined public patrol and control with disguise, a part of officers and soldiers in the patrol and control team will be disguised (wearing civilian clothes) to monitor traffic order, detect and prevent illegal acts within the assigned route and area. The arrangement of disguised officers and soldiers shall be carried out in the following cases:
a) When it is necessary to secretly use technical equipment to enhance the effectiveness of traffic order and safety assurance work; there must be a plan approved by the Head of the Traffic Police Department or the head of the County-level Public Security Agency or higher.
b) To prevent and combat crime; when the security and traffic order situation is complex; there must be a plan approved by the Director of the Highway-Railway Traffic Police Bureau or the head of the Provincial-level Public Security Agency or higher.
V. CONTENT OF PATROL AND CONTROL
1. Stop Signal for Vehicles
a) The stop signal for traffic vehicles by traffic police performing patrol and control duties is implemented through vehicle stop signals, including:
- By hand, traffic command baton.
- Horn, handheld battery-powered loudspeaker, loudspeaker mounted on patrol vehicles.
- Light signals, signboards, barriers or barricades.
b) The stop signal for traffic vehicles by traffic command baton at the Traffic Police Station or at a point on the traffic road.
- Outside urban areas: officers and soldiers stand at attention, facing the traffic vehicle to be inspected, blow a long, strong, decisive horn blast; simultaneously, the right hand holds the traffic command baton raised vertically, from the tip of the baton to the elbow forms a perpendicular line with the ground, from the elbow to the shoulder forms a horizontal line parallel to the ground, the palm faces backward holding the traffic command baton in a vertical position behind the right eye. When the driver receives the signal and reduces speed, use the traffic command baton to point at the vehicle to be inspected, combined with the horn sound to guide the vehicle to park in a suitable position for inspection.
- Inside urban areas: officers and soldiers stand at attention, facing the vehicle to be inspected, the right hand holds the traffic command baton raised and pointed at the vehicle to be inspected, simultaneously blowing a long, strong, decisive horn blast. When the vehicle operator receives the signal and reduces speed, use the traffic command baton combined with the horn sound to guide the vehicle to park in a suitable position for inspection.
c) The stop signal for traffic vehicles by traffic command baton while sitting on a public patrol and control vehicle
- In case the patrol vehicle travels in the same direction and ahead of the vehicle to be inspected, the right hand of the officer or soldier holding the traffic command baton extends horizontally to the right side of the patrol vehicle, then raises it vertically perpendicular to the ground. When the vehicle operator to be inspected reduces speed and stops at the guided position by traffic police, the patrol vehicle parks in a suitable position to conduct the inspection.
- In case the patrol vehicle travels in the same direction but behind the vehicle to be inspected, the officer or soldier uses a loudspeaker to request the vehicle to be inspected to stop at the guided position by traffic police for inspection.
- In case the patrol vehicle travels in the opposite direction to the vehicle to be inspected (road without median strip), the left hand of the officer or soldier holding the traffic command baton extends horizontally to the left side of the patrol vehicle and points at the vehicle to be inspected. When the vehicle operator to be inspected reduces speed and stops at the guided position by traffic police, the patrol vehicle parks in a suitable position to conduct the inspection.
d) When conducting combined public patrol and control with disguise, disguised officers and soldiers who discover violations must implement the following regulations:
- Immediately notify the public patrol and control force to prevent, stop, and handle the violation according to the law.
- Can directly prevent and stop the violation immediately, but must use the People's Public Security Identity Card or the People's Police Certificate (in cases where the People's Police Certificate has not yet been exchanged for the People's Public Security Identity Card) to inform the violator about the performance of duty; inform about the violation and require the violator to go to the unit's headquarters for resolution or notify the public patrol and control force to come to receive and handle according to the law.
2. Cases Where Vehicles Can Be Stopped
a) Officers and soldiers performing patrol and control duties can stop vehicles for inspection in the following cases:
- Directly discover or through technical equipment to detect and record violations of road traffic laws.
- Implement plans and orders for comprehensive traffic control issued by the Director of the Highway Police Department - Railways or the Director of Provincial Public Security Bureau and above.
- Implement plans and schemes for traffic work issued by the Head of the Traffic Police Department or the Head of County-level Public Security Bureau and above regarding specialized traffic control and violation handling.
- Have a written order from the head or deputy head of the investigation agency at the county level and above; a written request from relevant agencies to stop vehicles for inspection to ensure security and public order.
- Reports from organizations, individuals about violations of traffic laws by persons and vehicles participating in traffic.
b) Stopping vehicles must meet the following requirements:
- Safety and compliance with the law;
- Not obstructing traffic activities;
- Once the vehicle has been stopped, inspection must be carried out; if violations are discovered, they must be handled according to the law.
3. Contents of patrol
a) The contents of patrol must be reflected in the patrol and control plan approved by the competent authority, aiming to concretize and strictly implement the directives of the Government, Prime Minister, Ministry of Public Security, General Administration of Police, Director of the Highway Police Department - Railways, and Provincial Public Security Director. b) When performing patrol and control duties, officers use road traffic means or walk patrols within the assigned routes and areas, applying technical measures combined with the use of technical equipment to prevent, monitor, promptly detect, and strictly handle violations of traffic laws and other violations as prescribed by law.
4. Contents of control
a) Control related documents of persons and vehicles, operational conditions of vehicles, and transportation activities.
- Control related documents of persons and vehicles, including: driving license; vehicle registration certificate; safety and environmental protection technical inspection certificate for motor vehicles on roads and other relevant documents concerning persons, vehicles, and transportation activities. During control, compare documents with each other and the actual vehicle regarding license plate number, brand, type of vehicle, load capacity, paint color. If necessary, control and compare the engine number and frame number of the vehicle with reality.
- Control operational conditions of vehicles.
+ Control technical safety conditions of vehicles;
+ Control front and rear license plates, headlights (high beam, low beam), turn signals, wipers, rearview mirrors, brake lights, taillights, license plate lights, reverse lights;
+ Control and evaluate the technical condition of the steering system, longitudinal and transverse links, joints; braking system, oil or air lines of the braking system; instruments on the dashboard (pay attention to checking the air pressure gauge for vehicles using air brakes); horn and light switches; suspension system; tire size, wear, and air pressure of the vehicle;
+ Control the installation of fire-fighting equipment and transport permits as required by law for passenger-carrying vehicles, fuel-carrying vehicles, and dangerous goods-carrying vehicles.
- Control transportation activities.
+ Control cargo dimensions, types, weight, and number of passengers on the vehicle compared to permitted documents, legality of cargo, and safety measures;
+ In cases where there is evidence that in the transportation vehicle, objects, and persons participating in traffic may be concealing contraband, documents, or administrative violation tools, the vehicle, objects, and persons can be inspected according to administrative procedures; when conducting inspections, follow the provisions of the Administrative Violation Handling Ordinance and guiding documents.
b) Control through technical equipment
- When violations of traffic order and safety are recorded through technical equipment, traffic police officers issue commands to stop the vehicle and violator for inspection and handling according to regulations; if the violator requests to view images or recorded results, they must be shown, then a record is made, and administrative violations are handled according to the law; if the violator requests a copy of the image, the violator must bear all costs for printing it.
- In cases where the vehicle and violator cannot be stopped immediately, the Head of the Traffic Police Department or the Head of County-level Public Security Bureau and above will notify the violator or vehicle owner in writing to come to the Public Security office where the violation was discovered for resolution. During resolution, show the violator or vehicle owner the images or recorded results of the violation before making a record and issuing a penalty decision.
c) For vehicles transporting hazardous materials, they must be taken to a location away from residential areas; require the driver or vehicle owner to apply safety measures as prescribed by law, then proceed with inspection.
d) Detect drivers of automobiles, tractors, special-purpose motorcycles, or motorcycles and motorbikes showing signs of alcohol or beer consumption, use breathalyzer devices to test or cooperate with preventive health centers at the county level and above to test blood alcohol levels. If there are signs of drug use, use drug testing devices to determine.
đ) Control and handle cases of vehicles exceeding permissible load limits
- Concentrate on organizing patrols and controls immediately at the departure point of the vehicle, near wharf areas, warehouses, and locations equipped with weigh stations.
- Concentrated organization of patrol and control right at the place where vehicles depart, near areas close to wharfs, warehouses, ports, and locations equipped with weighing stations.
- Observe the suspension system of the vehicle in practice; check transport invoices to detect violations. If signs of overloading are found on the vehicle, use the weight scale equipped for traffic police forces or coordinate with weigh stations of relevant agencies and units along the route to inspect and handle the situation.
- In cases where overloading is detected, the vehicle owner and driver must unload the vehicle to ensure compliance with the permitted weight limit before continuing to operate.
- In cases of intentional non-compliance, traffic police forces will cooperate with related forces to enforce unloading according to legal regulations; the vehicle owner and driver are responsible for preserving goods and bearing all costs associated with unloading.
e) Control of passenger vehicles carrying more passengers than allowed.
- Focus on organizing patrols and controls near departure points, bus stations, and pick-up/drop-off points.
- Directly enter the passenger compartment to inspect and publicly announce violations. Pay close attention to thoroughly check for violations regarding technical safety standards of the vehicle, service life, age of the driver, fire prevention and firefighting equipment, unauthorized operation of vehicles, and vehicles not meeting the conditions for passenger transportation as stipulated.
- If the number of passengers exceeds the allowed limit, require the vehicle owner and driver to arrange another vehicle to transfer passengers or return the vehicle to the nearest station to transfer passengers; the vehicle owner and driver must bear all costs associated with transferring passengers and ticket fares for remaining travel. After the vehicle owner and driver have completed the transfer and ensured compliance with the allowed number of passengers, the vehicle may continue to operate.
- If it is known beforehand that the vehicle operator is a criminal or there are criminals on the vehicle, especially dangerous individuals carrying weapons, when conducting inspections, specific combat plans and formations must be prepared, remain vigilant, calm, and proactive in approaching and disarming them to ensure safety for themselves and the public before proceeding with the inspection.
5. Handling Violations
a) After completing the inspection, patrol officers inform the driver and passengers of the violations, the form of handling, and measures prescribed by law. For passenger vehicles with 24 seats or more, directly enter the passenger compartment to inform. Even if no violations are found, they must still inform and say: "Thank you for your assistance in our duty."
b) When violations are discovered, patrol officers establish an administrative violation record according to regulations (except in cases of simple procedure penalties). The administrative violation record must be made in at least two copies, one given to the individual or representative of the violating organization, and one retained for issuing the penalty decision and filing the record. If the violator, representative of the violating organization, witness, victim, or representative of the victim refuses to sign after the record is established, the recorder must clearly note the reason in the record.
c) Cases of simple procedure penalties
When imposing penalties through simple procedures, patrol officers decide on penalties on-site according to legal provisions; if the person being penalized cannot immediately comply with the penalty decision, related documents must be temporarily seized to ensure compliance with the administrative violation penalty decision (clearly noting the temporary seizure of documents in the penalty decision).
d) In cases of administrative violations with fines exceeding 200,000 VND, an administrative violation record must be established; if within their authority to impose penalties, issue a penalty decision; if not within their authority (penalty form, supplementary penalties, measures to address consequences), transfer the violation case to the authorized authority for handling.
đ) Apply measures to prevent administrative violations
In cases requiring immediate prevention of administrative violations or to ensure compliance with administrative violation penalty decisions, the Patrol Team Leader must decide or report to the authorized authority to apply preventive measures (temporary detention of persons; temporary detention of contraband items, means of transportation involved in administrative violations; body searches; searches of transport vehicles and objects; searches of places concealing contraband items, means of transportation involved in administrative violations). When applying preventive measures, strictly follow legal provisions on handling administrative violations.
VI. IMPLEMENTATION
1. The Director of the General Traffic Police Department is responsible for directing, inspecting, and guiding the implementation of this Circular.
2. The Director of the Highway and Railway Traffic Police Department, the Director of Provincial Police Departments under the Central Government, are responsible for directing local police units under their jurisdiction to strictly implement this Circular.
3. This Circular takes effect from July 1, 2009, replacing Decision No. 1922/2006/QĐ-BCA(C11) dated December 5, 2006, issued by the Minister of Public Security on the tasks, powers, and activities of highway traffic police patrols and controls.
The Directors of the General Departments, heads of units directly under the Minister, the Director of the Highway and Railway Traffic Police Department, the Directors of Provincial Police Departments under the Central Government, and the Director of the Fire Prevention and Fighting Department of Ho Chi Minh City are responsible for strictly implementing this Circular.
During the implementation of this Circular, if any issues arise, local police units shall report to the Ministry (through the General Traffic Police Department) for timely guidance./.
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1922/2006/QĐ-BCA
Quyết định số 1922/2006/QĐ-BCA(C11) Ban hành Quy định nhiệm vụ, quyền hạn và hoạt động về tuần tra, kiểm soát của Cảnh sát giao thông đường bộ
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27/2009/TT-BCA(C11)
Circular No. 27/2009/TT-BCA(C11) stipulates the tasks, powers, forms, and contents of patrol and supervision by traffic police on roads.
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