Decree No. 27/2010/NĐ-CP on mobilizing other police forces and village police to cooperate with traffic police for patrolling and controlling road traffic order and safety when necessary.

DECREE

Regulations on mobilizing other police forces and village police to cooperate with traffic police for road patrols and traffic control when necessary cooperate with traffic police for road patrols and traffic control when necessary traffic safety in cases where necessary

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THE GOVERNMENT

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

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

Pursuant to the Ordinance on Village Police dated November 21, 2008;

Considering the proposal of the Minister of Public Security,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the mobilization of other police forces and village police to cooperate with traffic police for road patrols and traffic control when necessary.

Article 2. Applicability

This Decree applies to traffic police, other police forces, village police, and agencies, organizations, and individuals related to road traffic activities within the territory of the Socialist Republic of Vietnam.

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

Article 3. Principles for Mobilizing Other Police Forces and Village Police to Cooperate with Traffic Police for Road Patrols and Traffic Control

1. The mobilization of other police forces and village police to cooperate with traffic police for road patrols and traffic control shall only be implemented in cases of necessity as specified in Article 4 of this Decree and decided in writing by the authority specified in Article 5 of this Decree.

2. All activities during participation and cooperation in road patrols and traffic control must be carried out in accordance with the provisions of this Decree and other relevant laws; road patrols and traffic control must be conducted strictly within the designated areas, routes, and times specified in the mobilization documents issued by the competent authorities or persons authorized.

Chapter II

SPECIFIC PROVISIONS

Article 4. Cases Where It Is Necessary to Mobilize Other Police Forces and Village Police to Cooperate with Traffic Police for Road Patrols and Traffic Control

1. During periods of national and local commemorative days, political-social events, and major cultural-sports activities.

2. During peak periods of ensuring traffic order and safety as directed by the Ministry of Public Security, the General Administration of Administrative Management of Public Order and Social Order, or the Director of the Provincial Police Department or the Municipal Police Department under the Central Government.

3. When there is a complex situation involving violations of traffic order and safety, traffic accidents, and traffic congestion.

4. Other cases where traffic order and safety on roads have a negative impact on political security and public order and safety.

Article 5. Authority to Mobilize Other Police Forces and Village Police to Cooperate with Traffic Police for Road Patrols and Traffic Control

1. The Minister of Public Security has the authority to mobilize other police forces and village police to cooperate with traffic police for road patrols and traffic control throughout the country.

2. The Director of the General Administration of Administrative Management of Public Order and Social Order has the authority to mobilize other police forces under the jurisdiction of the General Administration of Administrative Management of Public Order and Social Order and village police to cooperate with traffic police for road patrols and traffic control throughout the country.

3. The Director of the Provincial Police Department or the Municipal Police Department under the Central Government has the authority to mobilize other police forces under their jurisdiction and village police to cooperate with traffic police for road patrols and traffic control in areas covering two or more districts, cities, towns, or provincial cities.

4. The Chief of the District Police Department, County Police Department, City Police Department, or Town Police Department under a Province has the authority to mobilize other police forces under their jurisdiction and village police to cooperate with traffic police for road patrols and traffic control in their respective jurisdictions.

Article 6. Procedures and formalities for mobilizing other police forces and communal police to cooperate with traffic police in patrolling and controlling road traffic order and safety

1. Based on the necessary cases for mobilizing other police forces and communal police to cooperate with traffic police in patrolling and controlling road traffic order and safety as stipulated in Article 4 of this Decree, the person authorized as provided in Article 5 of this Decree shall decide on the mobilization of other police forces and communal police to cooperate with traffic police in patrolling and controlling road traffic order and safety. The mobilization must be carried out by Decision or Mobilization Plan, which must clearly specify the force, quantity required to be mobilized, time, area of mobilization, specific responsibilities and tasks of traffic police, other police forces, and communal police participating in cooperative patrolling and controlling road traffic order and safety. When the mobilization period specified in the Decision or Mobilization Plan expires without a new mobilization document from the competent authority, other police forces and communal police will conclude their mobilized tasks and revert to regular duties.

2. Upon receiving the Decision or Mobilization Plan of the competent authority as stipulated in Article 5 of this Decree, the head of the unit to be mobilized must arrange personnel and organize the implementation of the mobilization.

Article 7. Building Plans for Patrolling and Controlling Road Traffic Order and Safety

1. The Highway Police Corps - Railway Police Corps shall take the lead in building Plans for patrolling and controlling road traffic order and safety in cases where the Minister of Public Security or the Director of the Administration Police General Department decides on mobilization. Such plans must be approved by the Minister of Public Security or the Director of the Administration Police General Department.

2. The Provincial Public Security Traffic Police Department or the Central City Public Security Traffic Police Department shall take the lead in building Plans for patrolling and controlling road traffic order and safety in cases where the Provincial Public Security Chief or the Central City Public Security Chief decides on mobilization. Such plans must be approved by the Provincial Public Security Chief or the Central City Public Security Chief.

3. The County, District, Town, and Provincial City Public Security Traffic Police Team shall take the lead in building Plans for patrolling and controlling road traffic order and safety in cases where the County, District, Town, and Provincial City Public Security Chief decides on mobilization. Such plans must be approved by the County, District, Town, and Provincial City Public Security Chief.

Article 8. Mechanism for Cooperation between Other Police Forces and Communal Police and Traffic Police in Participating in Patrolling and Controlling Road Traffic Order and Safety

1. Other police forces and communal police patrolling and controlling road traffic order and safety together with traffic police must strictly implement the Plan already approved by the competent authority, subject to inspection and supervision by traffic police. If administrative violations in the field of road traffic are discovered, traffic police shall impose administrative penalties on those violations within their authority according to the Administrative Violation Handling Ordinance and the Decree on Administrative Penalties in the Field of Road Traffic.

2. Other police forces and communal police patrolling and controlling road traffic order and safety without traffic police accompanying them must carry out patrolling and controlling according to the Plan already approved by the competent authority and must regularly report to traffic police about their patrolling and controlling activities. If administrative violations in the field of road traffic are discovered, they may impose administrative penalties on those violations within their authority according to the Administrative Violation Handling Ordinance and the Decree on Administrative Penalties in the Field of Road Traffic. In cases exceeding their penalty authority, they must record the administrative violation, report it to the competent authority for resolution.

Article 9. Tasks of Road Traffic Police, other police forces, and Rural Police when coordinating to participate in patrolling and controlling road traffic order and safety

1. Tasks of Road Traffic Police:

a) Directing and managing patrolling and controlling road traffic order and safety;

b) Implementing patrolling and controlling according to the Plan approved by the competent authority;

c) Imposing administrative penalties within their jurisdiction.

2. Tasks of other police forces and Rural Police:

a) Implementing patrolling and controlling according to the direction and management of Road Traffic Police and according to the Plan approved by the competent authority;

b) Imposing administrative penalties within their jurisdiction during patrolling and controlling road traffic order and safety when there is no Road Traffic Police present;

c) Statistics and reporting on violations of laws, road traffic accidents; results of patrolling and controlling road traffic order and safety according to the division of labor in the approved Plan.

Article 10. Equipment and conditions ensuring the performance of tasks of patrolling and controlling road traffic order and safety for other police forces and Rural Police

1. Other police forces and Rural Police performing tasks of patrolling and controlling road traffic order and safety shall be equipped with sirens, traffic command batons, forms serving patrolling and controlling, and imposing administrative penalties in the field of road traffic.

2. Other police forces and Rural Police during the time participating in coordinated patrolling and controlling road traffic order and safety shall be entitled to subsistence allowances according to current laws applicable to forces participating in traffic order and safety assurance work.

Chapter III

IMPLEMENTING PROVISIONS

Article 11. Effective Date

This Decree takes effect from June 1, 2010.

Article 12. Responsibility for Implementation

1. The Minister of Public Security within the scope of their functions, duties, and powers is responsible for guiding and organizing the implementation of this Decree.

2. Ministers, heads of agencies at the ministerial level, heads of government agencies, Chairmen of provincial People's Committees, and Chairmen of municipal People's Committees directly under the Central Government are responsible for enforcing this Decree.