Circular No. 32/2018/TT-BCA stipulates the procedures, contents of inspection, supervision, and administrative violation handling in the railway traffic field by traffic police forces.

CIRCULAR

Provisions on the procedures, contents of inspection, supervision, and administrative violation handling

 in the railway traffic field

by traffic police forces

Pursuant to the Railway Law 2017;

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;

PURSUANT TO THE PROPOSAL OF THE DIRECTOR OF THE TRAFFIC POLICE CORPS;

The Minister of Public Security issues the Circular stipulating the procedures, contents of inspection, supervision, and administrative violation handling in the railway traffic field by traffic police forces.

PART I

GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

1. This Circular stipulates principles, contents, force deployment, inspection and supervision procedures, administrative violation handling, and responsibilities in inspection and supervision work, ensuring railway traffic security, order, and safety by traffic police forces.

2. This Circular applies to:

a) Traffic police officers, non-commissioned officers, and other related public security forces;

b) Public Security units and localities;

c) Relevant agencies, organizations, and individuals.

Article 2. Principles of Inspection, Supervision, and Administrative Violation Handling

1. Compliance with the Railway Law, this Circular, and other relevant legal provisions.

2. Ensuring unified command and direction in organizing and implementing inspection and supervision work.

3. Ensuring effectiveness, objectivity, and avoiding overlap.

4. Not to abuse inspection, supervision, and administrative violation handling in the railway traffic field to infringe upon the interests of the State, rights, and legitimate interests of organizations and individuals.

Article 3. Contents of Inspection and Supervision

1. Inspection and supervision of compliance with regulations on signals and traffic rules for railway traffic.

2. Inspecting and supervising compliance with regulations on management and protection of railway infrastructure.

3. Inspecting and supervising conditions for participation in railway traffic of railway vehicles, traffic guidance information, customer service equipment, and safety devices on railway vehicles.

4. Inspection and supervision of conditions prescribed for railway staff directly serving train operations when working.

5. Inspection and supervision of compliance with regulations on ensuring railway traffic safety by railway staff when performing assigned duties and responsibilities.

6. Inspecting and supervising compliance with traffic rules at road-railway crossings (self-opened paths, level crossings), shared road bridges with railways, railway tunnels, and within the railway safety zone.

7. Inspection and supervision of compliance with regulations on ensuring security, order, and safety in railway traffic on various railway lines by organizations and individuals.

8. Inspecting and supervising compliance with regulations on passenger transport, baggage, and cargo transport on railways.

Article 4. Force Deployment, Time for Implementation of Inspection and Supervision, Tasks, and Equipment of Team Members

1. Inspection and supervision in the railway traffic field are organized into teams, each having at least two officers; specifically, inspection and supervision of compliance with traffic rules at road-railway crossings, shared road bridges with railways, and within the railway safety zone are organized with each team having at least three officers.

Each team has a Team Leader and Team Members.

2. The time for implementation of inspection and supervision by each team does not exceed eight hours in a day or night. In cases where the duration needs to be extended due to requirements or tasks, the Team Leader proposes to the Command of the Brigade, which reports to the Head of the Department guiding and organizing railway traffic order and safety under the Traffic Police Corps, the Head of the Traffic Police Department, or the Head of the Road and Railway Traffic Police Department under the Provincial Public Security Department (collectively referred to as the Provincial Traffic Police Department), the Head of the County, District, City, or Provincial Town Public Security Department (collectively referred to as the County-level Public Security Department) directly managing the team to decide on the appropriate time for inspection and supervision based on practical needs.

3. Tasks of the team and team members:

a) The team performs inspection and supervision tasks according to the contents specified in Article 3 of this Circular;

b) The Team Leader is responsible for commanding and directing the team's activities;

c) Team Members perform tasks assigned by the Team Leader;

d) The tasks of the Team Leader and each Team Member are detailed in the Railway Traffic Inspection Plan and Logbook (Form No. 01 issued together with this Circular).

The Team Leader is responsible for presenting the Railway Traffic Inspection Plan and Logbook when requested by authorized leaders or functional agencies conducting inspections and audits.

4. Based on the standards and quotas already provided to the traffic police force, the Command of the Brigade tasked with ensuring railway traffic order and safety decides to allocate specific types and quantities of vehicles, technical equipment, communication devices, and transportation means to the teams under its jurisdiction when performing their duties.

The provision, management, and use of weapons and support tools for the traffic police force when performing their duties are carried out in accordance with the laws on the management and use of weapons, explosives, and support tools.

Article 5. Forms to be used in traffic inspection and control work on railway tracks

1. The forms to be used in traffic inspection and control work on railway tracks, which are attached to this Circular, include:

a) Inspection and control plan book and daily log (Form No. 01);

b) Statistical record book for administrative violation cases in the railway transport sector (Form No. 02);

c) Handover and usage record book for various types of equipment, technical devices, weapons, and auxiliary tools (Form No. 03);

d) Handover and result record book for inspections and controls (Form No. 04).

2. The forms prescribed in Clause 1 of this Article shall be uniformly printed on A4 paper size. Local Public Security units directly print these forms and must not arbitrarily change their contents; they have the responsibility to manage the printing and use of these forms.

Chapter II

PROCEDURES FOR INSPECTION, CONTROL AND HANDLING OF ADMINISTRATIVE VIOLATIONS

Section 1

PROCEDURES FOR INSPECTION AND CONTROL

Article 6. Issuance of inspection and control plans

1. Competence to issue inspection and control plans

a) The Director of the Traffic Police Department, the Director of the Public Security Department of provinces and centrally-administered cities (hereinafter referred to as the Provincial Public Security Director) shall issue the following plans: Plans for high-intensity campaigns to ensure social order and safety, traffic order and safety on railway lines; plans for inspection, control, and handling of violations in the railway transport sector according to specific topics; plans for cooperation with functional units under the Ministry of Transport, People's Committees at all levels where railways pass through, and related agencies and units in ensuring security, order, and safety on railway lines;

b) The Heads of the Departments guiding and organizing the maintenance of traffic order and safety under the Traffic Police Department, the Heads of Traffic Police Departments under the Provincial Public Security Departments, and the Heads of Public Security Departments at the county level shall develop inspection and control plans within their jurisdiction based on the content of the plans stipulated in point a of Clause 1 of this Article for implementation; in case of requirements for tasks to ensure security, order, and traffic safety within their jurisdiction, they shall develop inspection and control plans for approval by their immediate superior authority with competence to approve before implementation;

c) Commanders of units at the Team level assigned the task of maintaining traffic order and safety on railway lines shall develop inspection and control plans within their jurisdiction based on the plans stipulated in point b of Clause 1 of this Article for implementation.

2. Contents of inspection and control plans include: Objectives, requirements, bases for conducting inspections and controls; subjects, areas, contents, times for conducting inspections and controls; cooperating units; other relevant contents related to inspection and control work.

Article 7. Implementation of inspection and control plans

1. The Team Leader shall take attendance of team members, brief them on the content of the inspection and control plan and their respective tasks; check the preparation work for conditions to support the inspection, control, and handling of violations; check uniforms and documents as required. Uniform communication protocols, signals, and other operational requirements shall be agreed upon with cooperating forces (if any).

2. The team shall conduct inspections and controls according to the plan; each team member shall perform their assigned tasks as directed by the Team Leader.

3. The content of inspections and controls must be recorded in the Inspection and Control Plan Book and Daily Log (Form No. 01 issued together with this Circular).

Article 8. Conclusion of inspection and supervision

1. The Team Leader shall convene a meeting to draw lessons, comment on, and evaluate the results of the inspection and supervision, administrative violation handling, and other related issues.

2. Transfer technical equipment, weapons, and support tools according to the Model Handover and Usage Register for Various Types of Technical Equipment, Weapons, and Support Tools (Model No. 03 issued together with this Circular), files of administrative violation cases, papers, means of transport, and objects seized according to the Model Handover Form and Inspection and Supervision Results Register (Model No. 04 issued together with this Circular).

The management of fines for administrative violations shall be carried out in accordance with the laws on administrative violation handling.

3. The Team Leader shall report the results of the inspection and supervision and submit the Inspection and Supervision Plan and Logbook to the unit's direct commander.

4. Notify the results of the inspection and supervision to the cooperating agencies or units (if any).

Section 2

PROCEDURE FOR HANDLING ADMINISTRATIVE VIOLATIONS

Article 9. Handling Violations During Inspection and Supervision

1. When discovering administrative violations during the inspection and supervision process within their jurisdiction, officers performing duties must promptly compel the cessation of the violation, prepare an administrative violation record, issue a penalty decision within their authority, or transfer it to the competent authority for handling according to regulations. In cases where immediate action is necessary to prevent administrative violations or to ensure the handling of administrative violations, the Team Leader shall consider and decide within their authority or report to the competent authority to apply preventive measures and ensure the handling of administrative violations in accordance with the laws on administrative violation handling; if necessary, they may request relevant functional forces to cooperate in implementation.

The decision to apply preventive measures and ensure the handling of administrative violations shall not affect train operation work.

2. In cases where a criminal act is discovered on the spot or a person being sought is found, officers performing inspection and supervision duties shall immediately take preventive measures, arrest them, and report to the competent authority for resolution in accordance with the law; if necessary, they may request relevant functional forces to cooperate in implementation.

3. In cases where illegal goods or items are found being transported on the train or by persons on the train, the Team Leader shall consider and decide to apply preventive measures and ensure the handling of administrative violations within their authority according to the laws on administrative violation handling; if necessary, they may request security personnel and service staff on the train to cooperate in implementation.

For complex cases threatening national security, public order, and railway safety, the Train Captain shall be requested to stop the train at the nearest station to transfer the case to the police for handling in accordance with regulations and immediately report to the unit commander.

If there are signs of criminal offenses, they shall be handled in accordance with Clause 2 of this Article.

4. Implement penalties for violations concerning traffic rules at road intersections with railways, shared road-rail bridges, and within the railway safety zone:

a) The handling of violations by road traffic participants at road intersections with railways shall be carried out according to the patrol, supervision, and administrative violation handling procedures in the field of road traffic;

b) The handling of violations by railway employees and related violators shall be carried out according to Clause 1 of this Article.

5. Administrative violation handling discovered through the use of technical equipment without immediately stopping the violating vehicle shall be carried out in accordance with relevant laws and recorded in the Statistics Book for Administrative Violation Cases in the Railway Traffic Field (Model No. 02 issued together with this Circular).

Article 10. Receiving andHandling Administrative Violation Cases at the Unit's Office

1. Receiving files of administrative violation cases:

a) Files of administrative violation cases handed over by the Team, including: Administrative Violation Record; papers related to individuals and vehicles; seized administrative violation objects and other relevant documents (if any);

b) Files of cases transferred by authorized criminal prosecution agencies for administrative violation handling.

2. Procedure for handling administrative violation cases

a) Proposing solutions for administrative violation cases: Reviewing and comparing the files of administrative violation cases with relevant laws to propose forms of administrative violation penalties. For cases with signs of criminal offenses, reports and proposals must be made to the unit commander to transfer the files to authorized criminal prosecution agencies for handling according to regulations;

b) Submitting to the competent authority for issuing an administrative violation penalty decision;

c) Sending notifications about cases where driving licenses have been revoked to the issuing authorities;

d) When individuals or representatives of organizations come to resolve violations: Accept the administrative violation record given to the individual or organization, compare it with the violation file; hand over two copies of the administrative violation penalty decision to the individual or organization being penalized (one copy for the individual or organization to implement, one copy transferred to the State Treasury where the fine is collected);

Accepting payment receipts: Specifically, check and compare the payment receipt with the administrative violation file and retain the file; prepare a record, issue a decision to return papers, objects, and vehicles that were seized (except in cases where the right to use a license has been revoked or the objects and vehicles have been confiscated); hand over the decision and return papers, objects, and vehicles to the owner or the person penalized (the person penalized who is not the owner but can prove lawful possession or use of the vehicle or has been authorized by the owner), except in cases of confiscation.

3. In case individuals or organizations are fined for administrative violations and pay the fine through their accounts, such actions shall be carried out in accordance with the current laws.

4. Monitoring and statistics on handling administrative violations: Within no more than 48 hours from the time when individuals or organizations have fully executed the penalty decision, the officers responsible for handling the violations must perform the following tasks:

a) Record in the Statistical Book on Handling Administrative Violations in the Railways Transport Sector (Form No. 02 issued together with this Circular);

b) Arrange files for storage in accordance with the prescribed regulations;

c) Save data on the computer.

Chapter III

RESPONSIBILITIES OF PUBLIC SECURITY UNITS AND LOCALITIES

IN THE WORK OF INSPECTION, CONTROL, AND ENSURING SECURITY,

ORDER, SAFETY RAILWAY TRANSPORT

Article 11. Responsibilities of the Traffic Police Department

1. Ensuring security, order, and safety in railway transport within the assigned route and area. Conducting inspections, controls, identifying, and promptly addressing acts violating security, order, and safety in railway transport according to the inspection and control plan within the authorized scope.

2. Proposing measures to ensure security, order, and safety in railway transport; coordinating to detect and prevent acts violating regulations on protecting railway works and traffic safety zones, ensuring security, order, and safety in railway operations as stipulated.

3. Cooperating with specialized units of the Public Security Force in preventing and combating crimes and other acts violating the law on railway transport routes and areas under management according to the law.

4. Directing, guiding, inspecting, and urging the work of inspection, control, and handling administrative violations in the railway transport sector by traffic police forces.

5. Directing the compilation of materials and organizing training, inspecting, and evaluating the results of training in inspection, control, and handling administrative violations in the railway transport sector for officers and soldiers under the Traffic Police Department and leaders and commanders of the Traffic Police Departments of provincial public security forces and county-level public security forces assigned to manage inspection, control, and handling administrative violations in the railway transport sector.

Article 12. Responsibilities of Provincial Public Security Forces

1. Advising the People's Committee of the province to direct functional units under its management to coordinate with traffic police forces and other public security forces in the area to organize the implementation of inspection, control, and ensuring security, order, and safety in railway operations as stipulated.

2. Directing traffic police forces and other public security forces under its management to carry out inspection, control, and handling of administrative violations in the railway transport sector within the managed area.

3. Deploying forces from the Traffic Police Department and county-level public security forces where railways pass through to organize the implementation of inspection, control, and handling of administrative violations in the railway transport sector.

4. Guiding, inspecting, and urging traffic police forces of county-level public security forces to implement inspection, control, and handling of administrative violations in the railway transport sector within the authorized scope.

5. Organizing training for officers and soldiers under its management who are tasked with ensuring security, order, and safety in railway transport according to the training materials compiled by the Traffic Police Department.

Article 13. Responsibilities of the County Police

1. Advise the People's Committee of the county to direct functional units under their management to coordinate with traffic police forces and other police forces within the area to organize the implementation of inspection, supervision, and security assurance work in railway operations according to regulations.

2. Deploy personnel, organize inspections, supervision, and administrative violation handling within the administrative boundaries of the county and in accordance with the division of responsibilities assigned by the Provincial Police Director.

3. Coordinate with the Traffic Police Department to inspect, supervise, and handle administrative violations in the field of railway traffic according to the plan of the Provincial Police Director.

Chapter IV

IMPLEMENTATION

Article 14. Effective Date

This Circular takes effect from November 28, 2018, and replaces Circular No. 26/2010/TT-BCA dated July 29, 2010, issued by the Minister of Public Security on the procedures for public security officers to inspect and handle administrative violations related to railway traffic safety and order.

Article 15. 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 subordinate to the Ministry of Public Security and Provincial Police Directors are responsible for directing and implementing this Circular.

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