Circular No. 32/2023/TT-BCA stipulates the tasks, powers, forms, contents, and procedures for traffic police patrols, control, and administrative offenses handling on road traffic.

CIRCULAR

Regulations on duties, powers, forms, contents, and

procedures for patrol, control, and administrative violation handling related to road traffic

enforcement by Traffic Police;

 

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

Pursuant to the Law on 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 XAdministrative Offenseintention vi Handling Law dated June 20, 2012"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;June 2024;Decree No. 100/2019/ND-CPLaw amending and supplementing certain articles of the Law on Handling Administrative Violations dated November 13, 2020;

Pursuant to Decree No. 27/2010/NĐ-CP dated March 24, 2010 of the Government stipulating the mobilization of other police forces and village militia to cooperate with Road Traffic Police to participate in patrols and controls of traffic order and safety on roads when necessary;

Pursuant to Decree No.amending and supplementing onedated December 30, 2019 of the Government stipulating administrative penalties for violations in the field of road traffic and railways; Decree No. 123/2021/NĐ-CP dated December 28, 2021 of the Government stipulating Pursuant to Decree No. 135/2021/ND-CP dated December 31, 2021 of the Government stipulating the list, management, and use of technical equipment and procedures for collecting and using data obtained from such equipment provided by individuals and organizations to detect administrative violations;numberThe Minister of Public Security promulgates this Circular stipulating

Pursuant to Decree No. 118/2021/NĐ-CP dated December 23, 2021, issued by the Government, detailing certain provisions and measures to implement the Law on Handling Administrative Violations;

Pursuant to Decree No. 135/2021/NĐ-CP dated December 31, 2021 of the Government stipulating the list, management, and use of traffic means, technical equipment, and procedures for collecting and using data obtained from technical equipment provided by individuals and organizations to detect administrative violations;

Pursuant to Decree No. 59/2022/NĐ-CP dated September 5, 2022 of the Government stipulating electronic identification and authentication;

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 issues this Circular stipulating duties, powers, forms, contents, and procedures for patrol, control, and administrative violation handling related to road traffic by Traffic Police.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the allocation and classification of patrol and control routes and areas; duties, powers, forms, contents; uniforms; equipment, use of traffic means, technical equipment, weapons, and auxiliary tools; and procedures for patrol, control, and administrative violation handling related to road traffic by Traffic Police; mobilization of other police forces, village militia, town, and district police (hereinafter collectively referred to as other police forces) to cooperate with Traffic Police in participating in patrols and controls of traffic order and safety on roads when necessary.

Article 2. Applicability

This Circular applies to:

Clause 1. Officers and non-commissioned officers of the Traffic Police force (hereinafter collectively referred to as Traffic Police officers) shall perform duties of patrol, control, and administrative violation handling related to road traffic (hereinafter abbreviated as patrol, control, and violation handling).

Clause 2. Officers and non-commissioned officers of other police forces mobilized to cooperate with Traffic Police in participating in patrols and controls of traffic order and safety on roads.

Clause 3. Units and local public security agencies.

Clause 4. Agencies, organizations, and individuals related to road traffic activities within the territory of the Socialist Republic of Vietnam.

Article 3. Requirements for Traffic Police officers performing patrol, control, and administrative violation handling duties

Clause 1. Strictly comply with the provisions of the Road Traffic Law; the Law on Handling Administrative Violations; this Circular; and other relevant laws.

Clause 2. Fully and responsibly implement assigned tasks according to established patrol and control plans issued by competent authorities; ensure democratic practices in traffic order and safety assurance work and the People's Public Security Regulations.

Clause 3. When interacting with the people and those who violate the law, they must maintain proper etiquette, demeanor, attitude, and appropriate conduct.

Clause 4. Timely detect, prevent, and handle violations of road traffic laws and other laws in accordance with prescribed procedures, formalities, and authority.

Clause 5. Ensure other requirements and regulations of the Ministry of Public Security.

Article 4. Forms to be used in patrol, control, and handling of traffic violations

The following forms are hereby issued along with this Circular:

1. Decision on the allocation and classification of patrol routes, areas, and administrative offenses related to road traffic control (Form No. 01).

2. Notice of administrative violation regarding road traffic order and safety (Form No. 02).

3. Record transferring results collected through technical equipment concerning administrative violations related to road traffic order and safety (Form No. 03).

4. Record for sending Notice of administrative violation regarding road traffic order and safety or Data Notice reflecting administrative violations related to road traffic order and safety (Form No. 04).

5. Logbook for receiving data (information, images) reflecting administrative violations related to road traffic order and safety (Form No. 05).

6. Data Notice (information, images) reflecting administrative violations related to road traffic order and safety (Form No. 06).

Chapter II

ALLOCATION AND CLASSIFICATION OF PATROL ROUTES AND AREAS; TASKS, LIMITATIONS, FORMS, CONTENTS OF PATROL AND CONTROL; UNIFORM; EQUIPMENT OF TRAFFIC POLICE

 WHEN PATROLLING AND CONTROLLING

Section 1

ALLOCATION AND CLASSIFICATION OF PATROL ROUTES AND AREAS; 

Article 5. Patrol Routes and Areas for Violation Handling of the Highway Police Corps

1. The Highway Police Corps shall direct the Traffic Patrol and Control Guidance Department to arrange forces and organize patrols, controls, and handling of violations on expressways passing through the administrative boundaries of two or more centrally governed cities or provinces.

2. In necessary cases, it may directly organize forces to implement or take the lead and coordinate with public security units and localities, and related forces to conduct patrols, controls, and handling of violations on national roads throughout the country according to plans issued by the Chief of the Highway Police Corps or higher authorities.

Article 6. Patrol Routes and Areas for Violation Handlingof Provincial Public Security Departments and Centrally Governed City Public Security Departments 1. The Traffic Police Department under provincial public security departments and centrally governed city public security departments shall arrange forces and organize patrols, controls, and handling of violations on national roads within their administrative boundaries, including:

a) Expressways located entirely within the administrative boundary of one centrally governed city or province;

b) National highways of significant importance and those with complex traffic order and safety situations (including sections bypassing districts, towns, cities under centrally governed cities, and towns under counties); and important roads for economic and social development and ensuring national defense and security at the locality level;

c) Urban roads in centrally governed cities, including main roads and those with complex traffic order and safety situations;

d) In necessary cases, it may directly organize forces to implement or take the lead and coordinate with county-level public security departments, towns, cities under centrally governed cities, and related forces to conduct patrols, controls, and handling of violations on national roads according to plans issued by the Director of the provincial public security department or centrally governed city public security department (hereinafter referred to as the Director of the provincial public security department).

2. County-level public security departments shall arrange forces and organize patrols, controls, and handling of violations on national roads within their administrative boundaries, including:

a) National highways and sections thereof not covered by point b of Clause 1 of this Article;

b) Sections of national highways specified in point b of Clause 1 of this Article passing through towns, cities under centrally governed cities, and towns under counties according to plans issued by the Director of the provincial public security department;

c) Provincial roads, county roads, commune roads, other roads under management, dedicated roads, and urban roads not covered by point c of Clause 1 of this Article;

d) Coordinate with the Traffic Police Department to conduct patrols, controls, and handling of violations on national roads within their administrative boundaries according to plans issued by the Director of the provincial public security department.

3. Based on the provisions of Clauses 1 and 2 of this Article and the actual situation of national roads in the locality, the Director of the provincial public security department shall decide on the allocation and classification of patrol routes and areas between the Traffic Police Department and county-level public security departments (according to Form No. 01 issued along with this Circular). The decision shall be sent to the Ministry of Public Security (through the Highway Police Corps) for monitoring and guidance.

TASKS AND LIMITATIONS OF TRAFFIC POLICE IN PATROLLING AND CONTROLLING

Section 2

Article 7. Tasks of Traffic Police in Patrolling and Controlling

1. Adhere to laws and regulations and orders and plans for patrolling, controlling, and handling violations issued by competent authorities.

2. Conduct patrols, controls, and handle violations to ensure traffic order and safety on assigned routes and areas.

3. Timely detect, prevent, and handle traffic violations and other illegal acts as prescribed; cooperate with road management agencies to detect and prevent violations of road protection regulations and road safety zones.

4. Investigate and resolve traffic accidents in accordance with laws and regulations of the Ministry of Public Security.

5. Directly or cooperatively with units inside and outside the People's Public Security force combat crime and other illegal acts on national roads. Participate in anti-terrorism, anti-protest, anti-disease, disaster relief, firefighting, and rescue operations on national roads as prescribed.

6. Through patrol, control, and handling of violations, perform the following tasks:

5. Directly cooperate with units inside and outside the People's Public Security force to combat crimes and other violations of the law on road traffic routes. Participate in preventing and combating terrorism, riots; preventing and combating epidemics, natural disasters, fires; rescue operations on road traffic routes in accordance with regulations.

6. Through patrol, control, and violation handling work, perform the following tasks:

a) Identify gaps, deficiencies, and inadequacies in state management of national security, public order, and road traffic to report and propose competent authorities to make recommendations to relevant agencies for timely measures to address them.

b) Guide, promote, and mobilize the people's participation in ensuring public order and road traffic safety, and compliance with laws on road traffic.

7. Perform other tasks of the People's Public Security force as prescribed by law.

Article 8. Powers of Traffic Police in patrolling and controlling

1. Have the right to stop vehicles participating in road traffic (hereinafter referred to as traffic vehicles) in accordance with the Road Traffic Law 2008, this Circular, and related legal regulations. Control persons and traffic vehicles, driving licenses of traffic vehicle drivers, traffic vehicle documents, and personal identification documents of persons on traffic vehicles being controlled according to the law; control the implementation of regulations on road transport safety.

2. Apply preventive measures and handle administrative violations concerning road traffic, social order, and other acts violating the law as prescribed.

3. Request agencies, organizations, individuals to cooperate and support in resolving traffic accidents, traffic congestion, hindrances to traffic, or other situations causing disorder and insecurity in road traffic. In urgent cases to protect national security, ensure social order and security, or prevent ongoing or potential social damage, traffic police officers on patrol and control duty may mobilize traffic vehicles, communication equipment, and other means of transportation belonging to agencies, organizations, individuals, and their operators or users according to the Law on Public Security Organs (amended and supplemented in 2020). Mobilization shall be carried out directly or through written requests.

4. Be equipped and use traffic vehicles; technical equipment; weapons, auxiliary tools; communication equipment; and other technical means according to the Administrative Violations Handling Law (amended and supplemented in 2020); the Law on Management and Use of Weapons, Explosives, and Auxiliary Tools; and other relevant legal provisions and regulations of the Ministry of Public Security.

5. Temporarily suspend travel on certain sections of roads, reallocate traffic lanes, and designate temporary parking areas when there is traffic congestion, traffic accidents, or other necessary requirements for ensuring national security, social order, and safety.

6. Exercise other powers of the People's Public Security force as prescribed by law.

Section 3

FORMS OF PATROLLING AND CONTROLLING

Article 9. Control through the Road Traffic Order and Safety Surveillance and Violation Processing System

1. The Road Traffic Order and Safety Surveillance and Violation Processing System (hereinafter referred to as the Surveillance System) shall be installed, managed, operated, and used in accordance with Decree No. 135/2021/ND-CP dated December 31, 2021 of the Government on the list, management, and use of technical equipment and procedures for collecting and using data obtained from technical equipment provided by individuals and organizations to detect administrative violations (hereinafter referred to as Decree No. 135/2021/ND-CP) and the Ministry of Public Security's standards, norms, management, operation, use, and protection of the Surveillance System.

2. The Traffic Police unit responsible for managing the Surveillance System must arrange personnel to operate at the Command Center 24/7 to ensure continuous and smooth system operation, monitor traffic order and social order on the route, detect traffic violations and other illegal acts.

3. Detection and handling of violations through the Surveillance System shall be carried out in accordance with Articles 19 and 28 of this Circular.

Article 10. Patrolling, controlling openly

1. Mobile patrolling and controlling

Traffic police officers move along assigned routes or areas by traffic vehicles or on foot to conduct patrols and controls according to plans issued by competent authorities, directly observe or use technical equipment to supervise, prevent, promptly detect, and handle administrative violations concerning road traffic and other illegal acts as prescribed.

2. Controlling at a single point on a road, at a Traffic Police Station

a) Traffic police organize forces at a single point on a road or at a Traffic Police Station according to plans issued by competent authorities to conduct controls, detect, and handle administrative violations concerning road traffic and other illegal acts as prescribed;

b) At a single point on a road, select locations that are wide, unobstructed, not hidden from view, and comply with road traffic laws;

c) During patrols and controls, traffic police use technical equipment (cameras) to record the control process. Nighttime controls must have adequate lighting.

3. Combined mobile patrolling and controlling with controlling at a single point on a road, at a Traffic Police Station

When conducting mobile patrols and controls, they can also control at a single point on a road or at a Traffic Police Station, or when controlling at a single point on a road or at a Traffic Police Station, they can be combined with mobile patrols and controls but must be clearly stated in the patrol and control plan issued by competent authorities.

4. When conducting public patrols and controls pursuant to Clauses 1, 2, and 3 of this Article, there must be a plan prepared by the Head of the Traffic Guidance Patrol and Control Department under the Highway and Rail Traffic Police Corps (hereinafter referred to as the Head of the Traffic Guidance Patrol and Control Department for Highway and Rail Traffic), the Head of the Traffic Police Department, the Head of the Public Security at the district level or higher, and ensure compliance with the following provisions:

a) Wearing police uniforms as prescribed in Clause 1 of Article 13 of this Circular;

b) Using traffic means as prescribed in Clause 2 of Article 13 of this Circular or walking to patrol and control within the assigned route and area;

c) Using technical equipment, weapons, support tools, and other technical means as prescribed in this Circular.

Article 11. Public patrols and controls combined with disguise

1. The Traffic Police Unit shall arrange a section of disguised officers (wearing civilian clothes), cooperating with the section of public patrol and control officers according to the plan issued by the competent authority as prescribed in Clause 3 of this Article to perform patrol, control, and handle violations on the assigned route and area.

2. Situations combining public patrols and controls with disguise include:

a) Using technical equipment to enhance the effectiveness of traffic order and safety assurance work;

b) Struggling against criminal activities; complex situations regarding security and traffic order.

3. Authority to decide on public patrols and controls combined with disguise

a) The Director of the Highway and Rail Traffic Police Corps; the Director of Public Security at the provincial level or higher decides on public patrols and controls combined with disguise as prescribed in Clause 2 of this Article;

b) The Head of the Traffic Guidance Patrol and Control Department for Highway and Rail Traffic; the Head of the Traffic Police Department; the Head of Public Security at the district level decides on public patrols and controls combined with disguise for the cases prescribed in Point a of Clause 2 of this Article.

4. Conditions for public patrols and controls combined with disguise

a) There must be a patrol and control plan issued by the competent authority as prescribed in Clause 3 of this Article. The content of the plan must clearly state the implementation method; forces; uniforms; communication methods; time, routes, and areas for patrol and control; traffic means; technical equipment; weapons, support tools, and other technical means used for patrol and control.

The Director of the Highway and Rail Traffic Police Corps; the Director of Public Security at the provincial level; the Head of the Traffic Guidance Patrol and Control Department for Highway and Rail Traffic; the Head of the Traffic Police Department; the Head of Public Security at the district level, as prescribed in Clause 3 of this Article, decide on wearing police uniforms or civilian clothes when conducting public patrols and controls combined with disguise;

b) The disguised officer section and the public patrol and control officer section in the Traffic Police Unit must maintain an appropriate distance to ensure timely and lawful handling of violations.

The disguised officer section has the direct responsibility to observe, use technical equipment to monitor traffic order and safety, detect traffic law violations and other illegal acts; upon detecting violations, immediately report to the public patrol and control section to stop vehicles, inspect, and handle them according to regulations. In case of serious traffic violations, social security issues, if not promptly prevented, will cause dangerous consequences to society, damage to property of agencies, organizations, individuals, and harm to the lives and health of traffic participants, they may use People's Public Security Identity Cards to inform and mobilize the public to immediately prevent the violations; report and cooperate with the public patrol and control section to resolve the issue at the location where the violation was detected or bring the violator to the nearest public security agency for resolution according to regulations.

Section 4

MAXIMUM SCORE PATROL, CONTROL; UNIFORMS; EQUIPMENT TRAFFIC MEANS, TECHNICAL EQUIPMENT AND WEAPONS, SUPPORT TOOLS

Article 1

Contents of patrols and controls21. Contents of patrols

a) Observing and understanding traffic order and safety conditions on highway routes; preventing traffic violations, accidents, and congestion; maintaining traffic order and safety on highways;

b) Detecting, preventing, and handling traffic law violations and other illegal acts as prescribed;

c) Ensuring traffic order, safety, security, and stability on highway routes;

d) Assisting and supporting people and traffic means participating in highway traffic when necessary;

đ) Implementing other tasks assigned by the competent authority as prescribed.;

2. Contents of controls

a) Checking relevant documents related to persons and traffic means, including:

Driver’s license; Certificate of Traffic Law Knowledge Training; License and Certificate for Operating Special Purpose Vehicles; Vehicle Registration Certificate or certified copy thereof accompanied by the original receipt from financial institutions still valid (during the period when financial institutions hold the original Vehicle Registration Certificate); Inspection Certificate, Safety Technical Inspection Label, and Environmental Protection Label, Confirmation of the Validity Period of the Inspection Certificate and Label (for types of traffic means that require inspection); Compulsory Motor Vehicle Liability Insurance Certificate and other necessary documents as prescribed (hereinafter collectively referred to as documents). When databases are connected to the electronic identity verification system and can determine the status of the documents, checking through verifying information of these documents in the electronic identity account is equivalent to directly checking the documents;

b) Checking the conditions for participating in traffic of traffic means

b) Control the conditions for participating in traffic of vehicles

Conduct inspections in sequence from front to back, left to right, outside to inside, top to bottom, including the following contents: shape, external dimensions, paint color, front license plate, rear license plate, and side plates of the means of transportation; technical safety conditions and environmental protection of motor vehicles and special-purpose motorcycles in accordance with regulations.

c) Inspect compliance with laws on road transport safety.

Verify the legality of goods, types, quantities, specifications, sizes; objects; actual number of people carried compared to the permitted number and safety measures during road transport.

d) Inspect other related contents as prescribed by law.

Article 13. Uniforms; equipment means of transportation, means of transportation, technical equipment and weapons, support tools for traffic police when patrolling and inspecting

1. Uniforms of traffic police

When patrolling and inspecting publicly, traffic police officers wear uniforms, wear identification numbers of the People's Public Security, cross belts as prescribed by law and the Ministry of Public Security. When inspecting at night or in poor weather conditions such as fog that limits visibility, reflective vests must be worn.

2. Means of transportation, including: patrol and inspection cars, motorcycles; specialized vehicles

a) Patrol and inspection cars, motorcycles (white paint); specialized vehicles: Have bilingual text "Traffic Police" (Vietnamese and English), equipped with lights, flags, sirens according to the law;

b) Patrol and inspection cars: Both sides of the car body have reflective blue stripes, in the middle there is white text "TRAFFIC POLICE" (reflective material), size 10cm x 10cm, font width 03cm, balanced on both sides of the car body; both front doors have blue text "TRAFFIC POLICE" (reflective material), maximum size two-thirds of the size of "TRAFFIC POLICE" and traffic police badge between "TRAFFIC" and "POLICE". Depending on the type of vehicle, the distance between letters and words is arranged for balance and suitability;

c) Patrol and inspection motorcycles: On both sides of the fuel tank or both sides of the motorcycle frame or both sides of the luggage compartment, above has the text "C.S.G.T", below has the text "TRAFFIC POLICE" in blue (reflective material); maximum size of "TRAFFIC POLICE" text is two-thirds of the size of "C.S.G.T". Depending on the type of vehicle, the size of the text and the distance between letters are arranged for balance and suitability;

d) Specialized vehicles: Both sides of the cargo bed or body have reflective text "TRAFFIC POLICE", size 10cm x 10cm, font width 03cm; both front doors have blue text "TRAFFIC POLICE" (reflective material), maximum size two-thirds of the size of "TRAFFIC POLICE" and traffic police badge between "TRAFFIC" and "POLICE". Depending on the type of vehicle, the distance between letters and words, the color of the text (white or blue) is arranged for balance and suitability;

đ) Priority signal horns are used according to the law. Priority signal lights are continuously used in the following cases: Mobile patrols and inspections; inspections at a point at night or in poor weather conditions such as fog that limits visibility.

3. Weapons and support tools, including: Short guns, rifles, submachine guns, electric shock guns, net guns, rubber bullet guns, pepper spray guns, marking bullet guns, pepper spray cans, electric batons, bulletproof vests, handcuffs, traffic direction sticks.

4. Means of transportation and technical equipment are provided and used according to the Law on Handling Administrative Violations (amended and supplemented in 2020), Decree No. 135/2021/NĐ-CP and standards and quotas prescribed by the Ministry of Public Security. They can be installed and used openly or disguised on road traffic routes, at traffic police stations, on means of transportation, equipped for traffic police teams, directly operated and used by traffic police officers to detect and collect violations of road traffic laws and other laws as prescribed.

5. Communication devices, including: Radios, telephones, fax machines, data storage and transmission computers, printers.

6. Horns, loudspeakers, barriers, cone-shaped posts, warning signs, ropes, lighting lamps.

7. Other means of transportation and technical equipment; other weapons and support tools are provided according to the law and the Ministry of Public Security.

Chapter III

PROCEDURE FOR PATROLLING, INSPECTING AND HANDLING VIOLATIONS

Section 1

DEVELOPMENT, ISSUANCE AND IMPLEMENTATION

PATROL AND INSPECTION PLAN

Article 14Development and issuance of patrol and inspection plans

1. The Director of the Traffic Police Corps advises the Minister of Public Security to issue a plan or directly issues a plan for patrolling, inspecting, and handling violations of traffic laws on national road traffic routes.

2. The Provincial Public Security Director issues a plan for patrolling, inspecting, and handling violations of traffic laws on provincial road traffic routes within the administrative boundaries of the province.

3. The Heads of the Departments of Road Traffic Patrol and Inspection Guidance, Traffic Police Department, County Public Security Department issue patrol and inspection plans for handling violations of traffic laws on assigned routes and areas as stipulated in Articles 5 and 6 of this Circular.

4. The Heads of the Teams: Expressway Patrol and Inspection Team; Traffic Police Team; Road Traffic Police Team; Escort and Lead Team; Traffic Police and Order Team; Traffic Police, Order, and Mobile Team; Administrative Management, Traffic, Order, and Mobile Team (hereinafter referred to as Traffic Police and Order Team); Traffic Police Station Heads organize the implementation of patrol and inspection plans for subordinate traffic police teams (according to the model prescribed by the Ministry of Public Security).

Article 15. Implementation of patrol and control plans

1. Team Leader of Traffic Police Team: Before conducting patrols and controls, the Team Leader must disseminate and ensure understanding among team members regarding the content of the patrol and control plan and other related matters; check the preparation work for patrols and controls, handling violations; take attendance; inspect uniforms; People's Public Security identification number; People's Public Security Identity Card (when deploying undercover officers); internal regulations; traffic means; technical equipment; weapons and auxiliary tools; relevant forms and other technical means; reiterate the positions and tasks of each team member; issue orders to commence patrols and controls when all conditions are fully met according to requirements and safety standards.

2. Team Member: Fully understand the content of the plan, tasks, positions, and communication methods; proactively prepare for work as assigned by the Team Leader.

3. Traffic means; technical equipment; weapons and auxiliary tools; other technical means equipped for the Traffic Police Team must be managed and used in accordance with regulations; specifically recorded in the Logbook for Management and Control (as prescribed by the Ministry of Public Security).

Section 2

CONDUCTING PATROLS AND CONTROLS,

HANDLING VIOLATIONS

Article 16. Stopping traffic vehicles for inspection

1. Traffic police officers performing patrol and control tasks according to the plan may stop traffic vehicles for inspection in the following cases:

a) Directly discovering or through technical equipment detecting and collecting evidence of violations of traffic laws and other laws; 

b) Implementing orders, comprehensive inspection plans to ensure traffic order and safety, social order; patrol and control plans to handle violations to ensure traffic order and safety, social order as issued by competent authorities;

c) Written requests from the head or deputy head of the investigation agency; written requests from relevant agencies regarding stopping traffic vehicles for inspection to serve security and order maintenance; crime prevention and suppression; disaster prevention and firefighting; disease prevention; rescue operations and other violations. The request must specify the time, route, traffic vehicle to be inspected, the participating forces;

d) Reports, reflections, suggestions, accusations from organizations or individuals about violations of law by persons and vehicles involved in road traffic.

2. Stopping and inspecting traffic vehicles must meet the following requirements:

a) Safety, compliance with legal provisions, not obstructing traffic activities;

b) Once a vehicle is stopped, it must conduct inspections and handle violations (if any) as prescribed.

3. When stopping and inspecting at a point on the road, at a Traffic Police Station, the requirements stipulated in Clause 2 of this Article and the following requirements must be met:

a) Set up barriers using cone-shaped posts or ropes along the direction of the road in the lane adjacent to the roadside or sidewalk to form a safe area for traffic order and safety as prescribed by the Ministry of Public Security on implementing democracy in traffic order and safety management. Based on actual circumstances and characteristics of the road, deploy the length of the barrier appropriately to ensure safety;

b) The safe area for traffic order and safety must comply with traffic laws and other relevant legal provisions; have sufficient space to arrange and install technical equipment for inspection and violation handling; based on the actual situation at the inspection site and the inspection topic, traffic police officers can be arranged to guide and regulate traffic, ensuring traffic safety.

4. When stopping and inspecting traffic vehicles on expressways, the requirements stipulated in Clauses 2 and 3 of this Article and the following requirements must be met:

a) When inspecting at a single point, only stop traffic vehicles for inspection and handling violations at locations: Tollgate areas, start and end points of the expressway;

b) When conducting mobile patrols and controls, only stop traffic vehicles in the emergency lane for inspection and handling violations in the following situations: Discovering serious traffic order and safety violations, immediate risks to traffic safety; cooperating in crime prevention and suppression; disaster prevention and firefighting; rescue operations; reports, accusations, and reflections on violations of law by persons and vehicles traveling on the expressway; discovering vehicles improperly parked or stopped on the expressway. After resolving the incident, immediately clear away the cones, ropes, and warning signs and move them;

c) Place Warning Sign 245a "Slow Down" or Warning Sign 245b (for international routes) ahead of the Traffic Police Team in the direction of the traffic vehicles to be inspected according to the Road Traffic Signal Regulations.

Article 17. Command to Stop Traffic Vehicles

1. The command to stop traffic vehicles by Traffic Police is implemented through one of the signals or simultaneously combining the following signals:

a) Traffic baton, whistle, loudspeaker, priority signal of the traffic vehicle for patrol and control;

b) Other signals as prescribed by law, including: Warning signs, cones, barriers.

2. Command to stop traffic vehicles when inspecting at a point on the road, at a Traffic Police Station

a) Traffic police officers choose an appropriate position, stand solemnly facing the traffic vehicle to be inspected, issue the command to stop the traffic vehicle at a safe distance; right hand holding the traffic baton raised and pointing towards the traffic vehicle to be inspected, while blowing the whistle decisively, guiding the driver of the traffic vehicle to be inspected to stop at a suitable and safe location for inspection;

b) The driver of the traffic vehicle, upon receiving the signal, must reduce speed and stop the traffic vehicle at the position according to the guidance of the Traffic Police.

3. Command to stop traffic vehicles when sitting on patrol and mobile control traffic vehicles.

a) In the case where the patrol and control traffic vehicle travels in the same direction and ahead of the traffic vehicle to be controlled.

The Traffic Police officer holding the traffic command baton extends it horizontally to the right or left side of the patrol and control traffic vehicle (depending on the part of the road and lane where the traffic vehicle to be controlled is traveling), then raises it vertically perpendicular to the ground; uses the horn, speaker, and priority signals of the patrol and control traffic vehicle, guiding the driver of the traffic vehicle to be controlled to stop at a suitable and safe position for control. Upon receiving the signal, the driver of the traffic vehicle must reduce speed and stop the traffic vehicle at the position according to the guidance of the Traffic Police officer.

b) In the case where the patrol and control traffic vehicle travels in the same direction and behind the traffic vehicle to be controlled.

The Traffic Police officer uses the speaker and priority signals of the patrol and control traffic vehicle; guides the driver of the traffic vehicle to be controlled to stop at a suitable and safe position for control. If necessary, ensuring safety, the patrol and control traffic vehicle may overtake to the front of the traffic vehicle to be controlled and implement the command to stop the traffic vehicle as prescribed in point a of this clause. Upon receiving the signal, the driver of the traffic vehicle must reduce speed and stop the traffic vehicle at the position according to the guidance of the Traffic Police officer.

Article 18. Conducting Control.

When the traffic vehicle to be controlled has stopped at the designated position, the assigned Traffic Police officer responsible for control stands at a suitable and safe position and proceeds as follows:

1. Request the driver of the traffic vehicle to take measures to ensure safety and disembark from the vehicle.

2. Perform the salute according to the Regulations of the People's Public Security (except in cases where it is known in advance that the person committed an offense, caught committing a crime, or is subject to an arrest warrant). When interacting with individuals who have violated the law, the Traffic Police officer must maintain the correct posture, etiquette, demeanor, and appropriate conduct.

3. Inform the driver of the traffic vehicle and other persons on the traffic vehicle about the reasons for the control; request the driver of the traffic vehicle to present relevant documents or provide information about relevant documents in the electronic identity account as prescribed in point a of Clause 2, Article 12 of this Circular for inspection.

a) In the case where the driver of the traffic vehicle presents the documents, directly inspect and compare the documents.

b) In the case where the driver of the traffic vehicle provides information about the documents in the electronic identity account, inspect and compare the information of the documents in the electronic identity account. During the inspection, if signs of falsification of the electronic identity account or actions of individuals or organizations violating the conditions requiring temporary detention, revocation of use rights, recovery, confiscation of documents, or violations requiring verification of documents are discovered, request the presentation of those documents for handling according to the provisions of the law.

c) Implement inspections of contents as prescribed in Clause 2, Article 12 of this Circular.

For traffic vehicles carrying ten or more passengers, or traffic vehicles carrying people with dimensions equivalent to those of traffic vehicles carrying ten or more passengers, directly enter the passenger compartment to conduct inspections and report the results of the inspection.

4. After completing the inspection, the Traffic Police officer reports the results of the inspection to the Team Leader, informs the driver of the traffic vehicle and other persons on the traffic vehicle about the results of the inspection, any violations (if any), and the measures taken.

5. When there is evidence that in the person participating in traffic, the transport vehicle, or objects, there are hidden items, means, or materials used to commit administrative offenses, they can be searched according to the regulations on handling administrative violations.

6. In cases where signs of criminal offenses are detected, proceed according to the regulations on criminal procedure.

Article 19. Discovery of Administrative Violations through Technical Means and Equipment

1. Traffic Police officers shall use technical means and equipment to discover and collect acts of law violation by persons and vehicles participating in road traffic., The driver of a vehicle participating in road traffic shall be responsible for cooperating with inspections and controls conducted through technical means and equipment of Traffic Police officers as required.

2. The results collected through technical means and equipment include images, photographs, printed forms, measurement indices, data stored in the memory of such technical means and equipment; these results shall be compiled, listed, printed as images or recorded as violations and kept in the administrative violation case file in accordance with the laws and regulations of the Ministry of Public Security on record-keeping work.

3. When technical means and equipment detect and collect information and images about acts of law violation by persons and vehicles participating in road traffic, the authorized authority shall handle the situation as follows:

a) Organize forces to stop vehicles for inspection and handling of violations according to regulations. In cases where the violator requests to view the information, images, and results of the collected violations, the Traffic Police team shall allow viewing at the inspection site; if there is no information, images, or results at the inspection site, guide the violator to view when they come to the unit's office for violation handling.

b) In cases where it is not possible to stop the violating vehicle for inspection and handling of violations, the provisions of Article 28 of this Circular shall apply.

Article 20. Handle violations during patrols and controls

Administrative violations shall be handled in accordance with the laws on administrative violation handling and the following provisions:

1. Administrative penalty without creating a record

When discovering an administrative violation that falls under the category of administrative penalty without creating a record, Traffic Police officers shall issue an administrative penalty decision on the spot in accordance with the regulations. If the individual or organization committing the violation (hereinafter referred to as the violator) does not immediately execute the penalty decision, relevant documents shall be temporarily seized in accordance with Article 125 of the Law on Handling Administrative Violations (amended and supplemented in 2020) and Point d Clause 2 Article 21 of this Circular to ensure the execution of the administrative penalty decision.

2. Administrative penalty with record creation

a) When discovering an administrative violation that falls under the category of administrative penalty with record creation, Traffic Police officers shall create an administrative violation record in accordance with the regulations. The administrative violation record can be created using pre-printed forms or entered into the Administrative Violation Handling Database System;

b) After completing the administrative violation record, the officer who created the record shall read it aloud for all named individuals in the record to hear; instruct them on their rights, deadlines for explaining the administrative violation according to Article 61 of the Law on Handling Administrative Violations (amended and supplemented in 2020); request the violator to provide contact phone number (if available) to receive penalty information through the National Public Service Portal, the Ministry of Public Security Public Service Portal; sign the record (in cases where the violator cannot sign, affix a fingerprint), except in cases where the record is created according to Clause 7 Article 58 of the Law on Handling Administrative Violations (amended and supplemented in 2020). In cases where there are witnesses, interpreters, victims, or representatives of organizations suffering losses, these individuals must also sign the record; if the administrative violation record consists of multiple pages, each page must be signed;

c) In cases where the violator is not present at the scene of the violation or intentionally avoids being present, or due to objective reasons cannot sign or affix a fingerprint on the record, or is present but refuses to sign or affix a fingerprint on the record, or in cases where the violator cannot be identified, the Team Leader of the Traffic Police team shall invite a representative from the local commune government where the violation occurred or at least one witness to sign the record confirming that the violator did not sign or affix a fingerprint on the record; in cases where there is no signature of the representative from the local commune government or of the witness, the Traffic Police officer must clearly state the reason in the record. Use technical means and equipment to record the incident and report in writing to the head of the unit as a basis for the authority to consider and decide on the penalty;

d) The delivery of the administrative violation record to the violator shall be carried out in accordance with Article 58 of the Law on Handling Administrative Violations (amended and supplemented in 2020) and Article 12 of Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing some provisions and measures to implement the Law on Handling Administrative Violations (hereinafter referred to as Decree No. 118/2021/NĐ-CP).

Article 21. Application of Measures to Prevent Administrative Violations and Ensure Administrative Violation Handling

1. In cases where immediate action is needed to prevent a violation or to ensure the handling of administrative violations, the Team Leader of the Traffic Police team currently performing duties shall apply measures within their authority or report to the Head of the Unit who has the authority to decide on applying preventive measures according to the Law on Handling Administrative Violations (amended and supplemented in 2020).

2. Temporary Seizure of Evidence, Violating Vehicles, Licenses, and Professional Certificates

a) When detecting a violation that requires the temporary seizure of evidence, violating vehicles, licenses, or professional certificates, the Team Leader of the Traffic Police team shall directly inform or assign a member of the team to inform the violator and related parties present about the situation, proceed to create an administrative violation record; create a record of the temporary seizure of evidence, violating vehicles, licenses, or professional certificates. If the seized evidence or vehicle needs to be sealed, sealing shall be carried out in accordance with Article 22 of this Circular;

b) Within twenty-four hours from the time of making the record, traffic police officers must report to the head of the unit who has the authority to temporarily detain the objects, means of transport, licenses, and certificates involved in administrative violations for consideration to issue a decision on temporary detention. If there is no decision on temporary detention, the objects, means of transport, licenses, and certificates involved in administrative violations must be returned immediately.

In the case where the objects involved in administrative violations are easily perishable goods, traffic police officers must immediately report to their direct superior for handling; if such goods are damaged or lost, compensation must be provided according to the provisions of the law.

c) When temporarily detaining the objects, means of transport involved in administrative violations, and the person in charge of the means of transport is not present at the location of the violation or deliberately avoids, obstructs, or fails to comply, traffic police officers shall make a working record, a temporary detention record, with the signature confirmation of a representative of the commune-level authority or at least one witness; use technical equipment (cameras, video cameras) to record the incident; use measures to bring the objects, means of transport to the place of temporary detention (directly carried out or hired organizations or individuals to carry out); verify and send a notification to the owner of the means of transport, requiring the violator to come to resolve the matter (according to model number 02 issued together with this Circular); the violator must bear the cost of hiring to bring the objects, means of transport involved in administrative violations to the place of temporary detention.

d) Where only a fine is applied, traffic police officers shall temporarily detain one of the following documents in the following order (unless there are signs indicating forgery, requiring further investigation to clarify the violation, then additional related documents may be retained): Driver's license, Certificate of Traffic Law Knowledge Training, Vehicle Registration Certificate or certified copy of the Vehicle Registration Certificate accompanied by the original Credit Institution Receipt still valid (during the period when the Credit Institution holds the original Vehicle Registration Certificate), Certificate of Technical Safety and Environmental Protection Inspection, Confirmation of the Validity Period of the Inspection Certificate and Inspection Label (for types of vehicles that require inspection) or other necessary documents related to the objects, means of transport as prescribed by law to ensure the execution of the penalty decision.

đ) Where the means of transport temporarily detained to ensure the enforcement of the penalty decision is handed over to the violator for management and preservation, it shall be implemented in accordance with the Government's regulations on the management and preservation of objects, means of transport involved in administrative violations temporarily detained through administrative procedures.

The authority, procedure for temporary detention and return of objects, means of transport involved in administrative violations, licenses, and certificates shall be carried out in accordance with the provisions of the law on handling administrative violations. The decision on temporary detention of objects, means of transport involved in administrative violations, licenses, and certificates shall be given to the violator one copy; in cases where direct delivery is not possible, it shall be sent through public postal services or electronic means (when conditions regarding infrastructure, technology, and information are met).

Article 22. Sealing of Evidence and Means of Administrative Violations under Temporary Detention

The sealing of evidence and means of administrative violations under temporary detention shall be carried out in accordance with the provisions of Article 125 of the Law on Handling Administrative Violations (amended and supplemented in 2020) and Decree No. 118/2021/NĐ-CP.

Article 23. Resolution and Handling of Traffic Accidents, Traffic Congestion, Road Incidents, and Vehicle Fires and Explosions on Roads; traffic congestion; road incidents; vehicle fires and explosions on roads

1. Resolution and Handling of Traffic Accidents

The Traffic Police Patrol Unit, upon directly discovering or receiving information about a traffic accident or being assigned by their unit leader to the scene of a traffic accident, must promptly deploy forces to the scene and carry out the tasks of traffic police officers according to the regulations of the Ministry of Public Security regarding the allocation of responsibilities and coordination relationships in the investigation and resolution of traffic accidents; the procedures for investigating and resolving traffic accidents on roads by traffic police forces.

2. Resolution of Traffic Congestion

a) In cases of minor traffic congestion with limited scope, the Team Leader of the Traffic Police Team assigns specific tasks to each team member to guide, regulate, and command traffic to alleviate the congestion. If necessary, they should coordinate with road management agencies and local authorities to resolve the situation;

b) In cases of severe traffic congestion affecting traffic operations over a wide area, the Team Leader of the Traffic Police Team initially identifies the cause of the congestion, assigns team members to guide, regulate, and command traffic to reduce the severity of the congestion; reports and coordinates with relevant agencies, units, and localities to organize traffic diversion and regulation from a distance; promptly reports to the unit leadership and local authorities to mobilize and strengthen forces to cooperate in resolving the situation.

3. Resolution of Road Incidents

a) Place warning sign number 245a "Slow Down" or sign number 245b (for international routes); arrange personnel to guide and regulate traffic;

b) Notify the road management, operation, and maintenance unit to deploy forces to implement measures to ensure smooth and safe traffic flow;

c) Report and coordinate with relevant agencies, units, and localities to organize traffic diversion and regulation from a distance.

4. Resolution of Vehicle Fires and Explosions on Roads

a) Place warning sign number 245a "Slow Down" or sign number 245b (for international routes);

b) Report the fire, incident, and traffic accident involving people trapped in vehicles on the road to the firefighting and rescue force at the location of the fire via telephone number 114;

c) Organize rescue efforts and evacuation for people on the vehicle; organize emergency medical care for injured persons (if any);

d) Utilize firefighting, rescue, and assistance equipment on patrol and inspection vehicles; mobilize firefighting, rescue, and assistance equipment from vehicles traveling on the road or nearby individuals and organizations in accordance with regulations to extinguish fires and provide rescue;

đ) Participate in implementing tasks as required by the firefighting and rescue commander;

e) Regulate and divert traffic to prevent traffic congestion.

3. Amend Clause 3 Article 2 as follows:Article 24. Recording in the Traffic Patrol and Inspection Plan and Logbook

1. After resolving each case, it must be immediately recorded in the Traffic Patrol and Inspection Plan and Logbook (recorded briefly, clearly, and continuously in chronological order).

2. For violation cases: Record the time (hours, minutes, date); location (kilometers, place name, route, area); inspection of the transportation means, license plate; driver of the transportation means; violation behavior; handling measures of the traffic police: Warning, decision to issue a warning penalty, fine (decision number), administrative violation report already established (report number), application of preventive measures, other measures.

3. For traffic accidents, traffic congestion, criminal activities, and other cases: Record the time (hours, minutes, date) and location (kilometers, place name, route, area) where the incident occurred; summarize the incident; resolution results; coordinating forces (if any).

Article 25. Termination of patrol and inspection Supervision

When the time for patrol and supervision ends, the Traffic Police Team must perform the following tasks:

1. The Team Leader must convene a meeting to draw lessons, comment, evaluate strengths, shortcomings, propose opinions, record in the logbook in the Plan and Patrol Logbook on traffic safety conditions, results of patrols and inspections, administrative violations, other related issues, proposals, recommendations, and sign to confirm.

2. Report the situation and results of the Team.

3. Hand over to the unit's management staff: Administrative violation case files, related documents, seized items, temporarily detained means, fines collected on the spot, materials and images collected through technical equipment or other means; traffic means, technical equipment, weapons, support tools, and other equipment. The handover must be recorded in the logbook as prescribed, signed by both the giver and receiver with full names, and they must bear responsibility before the unit head for the handover.

Section 3

RESOLUTION AND HANDLING OF VIOLATIONS

AT THE UNIT HEADQUARTERS

Article 26. Arranging personnel and locations for resolving and handling violations

1. Units and local public security agencies allocate personnel and locations for resolving and handling violations in accordance with the law and regulations of the Ministry of Public Security.

2. The location for resolving violations should be convenient, have suitable area, solemn, provide seating for those coming to resolve matters; post diagrams indicating work locations, citizen reception schedules; nameplates of personnel performing duties; telephone numbers; citizen reception regulations; suggestion boxes and contents of some relevant documents concerning patrol, supervision, and handling of traffic violations.

Article 27. Procedure for resolving and handling violations

1. When the violator comes to resolve the violation, proceed as follows:

a) Receive the administrative violation report from the violator and compare it with the violation file (in cases where the administrative violation report is lost, carefully compare personal information of the violator with the violation file); do not handle the case involving intermediaries (except when authorized according to the law) or outside the designated location for handling administrative violations of the unit. For cases requiring further investigation, report and propose that the competent authority organize an investigation;

b) Notify the form, level of penalty, preventive measures, other measures, and results of collecting violation behavior using technical equipment according to regulations;

c) Deliver the administrative violation penalty decision to the person being penalized or their lawful representative, or authorized person;

d) Receive, check, and compare the payment receipt (or other payment receipt as prescribed by law) with the administrative violation file and retain the file;

d) Return seized items, means, and documents according to administrative procedures (except in cases where the right to use is revoked or confiscated) as prescribed by law;

e) In cases where the violation is resolved based on an administrative violation notification regarding traffic order and safety: Check and compare information on the notification paper and identity documents; allow the violator to view the results of collecting violation behavior using technical equipment; prepare an administrative violation report and handle the violation according to regulations.

2. In cases where the violator pays the administrative violation fine through the National Public Service Portal or the Ministry of Public Security Public Service Portal

a) The competent authority sends the penalty information to the Public Service Portal; the Public Service Portal automatically notifies the violator to check the penalty decision information via the phone number registered with the police at the time of preparing the administrative violation report;

b) The violator accesses the Public Service Portal through the penalty decision number or violation report number to check the penalty decision information; pay the administrative violation fine, register to reclaim temporarily detained documents through postal services;

c) The competent authority checks the electronic receipt for collecting the administrative violation fine sent by the Public Service Portal system to print, file the administrative violation penalty records, and serve as the basis for returning temporarily detained documents according to the law;

d) The competent authority returns temporarily detained documents to the violator through postal services after the revocation period has expired.

3. In cases where the violator pays the administrative fine through public postal services, it shall be implemented according to the provisions of Article 20 of Decree No. 118/2021/NĐ-CP of the Government;

4. In cases where the violator does not comply with the administrative violation penalty decision or has exceeded the deadline specified in the administrative violation report or notification from the competent authority to resolve the violation matter (for vehicles required to undergo inspection), the competent authority sends a notice to the Inspection Authority to cooperate in handling according to Decree No. 139/2018/NĐ-CP of October 8, 2018 of the Government on operating motor vehicle inspection services (amended and supplemented by Decree No. 30/2023/NĐ-CP of June 8, 2023 of the Government) and Decree No. 100/2019/NĐ-CP of December 30, 2019 of the Government on administrative penalties in the field of road traffic and railways (amended and supplemented by Decree No. 123/2021/NĐ-CP of December 28, 2021 of the Government).

5. Administrative penalties conducted electronically are implemented when the infrastructure and technical conditions, as well as information, are adequate.

Article 28. Procedure for handling results obtained through technical equipment in cases of violations where traffic means cannot be stopped for inspection and handling

1. Within ten days from the date of discovering the violation, the authorized authority to impose penalties of the police agency where the administrative violation was discovered shall perform the following actions:

a) Determine information about the traffic means, owner of the traffic means, organizations, individuals related to administrative violations through the vehicle registration authority, National Population Database, and other relevant authorities and organizations;

b) In cases where the owner of the traffic means, organizations, individuals related to administrative violations do not reside or have their headquarters in the district where the administrative violation was discovered by the police, if it is determined that such administrative violation falls within the penalty jurisdiction of the Chief of Police of the commune, ward, town, then transfer the results obtained through technical equipment to the Police of the commune, ward, town where the owner of the traffic means, organizations, individuals related to administrative violations reside or have their headquarters (in accordance with Form No. 03 issued together with this Circular) for resolution and handling of the violation case (when equipped with a network connection system, send via electronic means).

In cases where the administrative violation does not fall within the penalty jurisdiction of the Chief of Police of the commune, ward, town or falls within the penalty jurisdiction of the Chief of Police of the commune, ward, town but the Police of the commune, ward, town has not been equipped with a network connection system, transfer the results obtained through technical equipment to the Police of the district where the owner of the traffic means, organizations, individuals related to administrative violations reside or have their headquarters (in accordance with Form No. 03 issued together with this Circular) for resolution and handling of the violation case;

c) Send a notification (in accordance with Form No. 02 issued together with this Circular) requesting the owner of the traffic means, organizations, individuals related to administrative violations to come to the police station where the administrative violation was discovered or to the police station of the commune, ward, town, district where they reside or have their headquarters to resolve the administrative violation case if travel is difficult and there are no conditions to directly go to the police station where the administrative violation was discovered as stipulated in Clause 2, Article 15 of Decree No. 135/2021/NĐ-CP. The sending of the violation notification shall be done in writing or electronically (when infrastructure, technology, and information conditions are met).

2. When the owner of the traffic means, organizations, individuals related to administrative violations come to the police station to resolve the violation case, the authorized person to impose administrative penalties at the police station where the violation was discovered or the Chief of Police of the commune, ward, town, Chief of Police of the district shall handle and resolve the violation case according to point c, point d of Clause 1, Article 15 of Decree No. 135/2021/NĐ-CP.

3. In cases where the violation case is resolved and handled by the Police of the commune, ward, town, district, immediately notify (on the Violation Handling Database System) the results of resolving and handling the case to the police station where the violation was discovered. At the same time, update the status of having resolved and handled the case on the Traffic Police Corps' Electronic Information Portal and immediately send a notification ending the warning for the violating traffic means to the Inspection Authority, remove the status of having sent a warning notification to the Inspection Authority on the Violation Handling Database System (if there is already a warning notification from the police station where the violation was discovered as stipulated in Clause 5 of this Article).

4. In cases where the violation case is resolved and handled by the police station where the violation was discovered, immediately notify (on the Violation Handling Database System) the results of resolving the case to the Police of the commune, ward, town or Police of the district which received the results obtained through technical equipment. At the same time, update the status of having resolved and handled the case on the Traffic Police Corps' Electronic Information Portal and immediately send a notification ending the warning for the violating traffic means to the Inspection Authority for the violation case stipulated in Clause 5 of this Article.

5. If, beyond twenty days from the date of sending the violation notification, the owner of the traffic means, organizations, individuals related to administrative violations do not come to the police station where the violation was discovered to resolve the case or the police station where the violation was discovered has not received the notification of the results of resolving and handling the case from the Police of the commune, ward, town, district which received the results obtained through technical equipment, the authorized person to impose administrative penalties at the police station where the violation was discovered shall proceed as follows:

a) Update information about the violating traffic means (type of traffic means; license plate number, color of license plate; time, location, violation behavior; unit discovering the violation; unit resolving the case, contact phone number) on the Traffic Police Corps' Electronic Information Portal so that the owner of the traffic means, organizations, individuals related to administrative violations can know and contact to resolve the case according to regulations;

b) Send a warning notification for the violating traffic means to the Inspection Authority (for traffic means required to undergo inspection); update the status of having sent a warning notification to the Inspection Authority on the Violation Handling Database System. For traffic means that are motorcycles, motorbikes, electric bikes, continue to send notifications to the Police of the commune, ward, town where the owner of the traffic means, organizations, individuals related to administrative violations reside or have their headquarters (in accordance with Form No. 04 issued together with this Circular). The Police of the commune, ward, town shall be responsible for transferring the notification to the owner of the traffic means, organizations, individuals related to administrative violations and request them to comply with the violation notification; report the results of the work and feedback to the police station issuing the violation notification (in accordance with Form No. 04 issued together with this Circular).

6. The transfer of results obtained through technical means and equipment, and the notification of the resolution of violation cases shall be carried out electronically.

Article 29. Collecting and using data (information, images) obtained from technical means provided by individuals or organizations to detect administrative violations

The process of collecting and using data (information, images) obtained from technical means provided by individuals or organizations to detect administrative violations shall be implemented in accordance with Chapter III of Decree No. 135/2021/NĐ-CP and the following provisions:

1. Traffic Police Units shall undertake receiving and collecting data (information, images), including:

a) The Road Patrol and Traffic Control Department for land and rail roads;

b) The Traffic Police Department;

c) The Traffic and Order Police Team under the District Police Department;

2. Traffic Police units specified in Clause 1 of this Article shall be responsible for publicly announcing the location, postal address, email box, electronic portal or website, and hotlines of the unit so that individuals and organizations can provide data (information, images). They shall organize duty shifts 24/24 hours to receive and collect data.

3. Traffic Police officers, upon receiving and collecting data (information, images), must review and classify them. If they meet the required criteria, they shall record them in the logbook (in accordance with Form No. 05 issued together with this Circular) and report to the competent authority head for implementation as follows:

a) In the case where the data (information, images) reflect ongoing traffic order and safety violations on the route or area under their responsibility, they shall organize forces to stop vehicles, control, detect, and handle violations according to regulations. If it is not possible to stop the vehicle for inspection or if the violation has ended, they shall implement verification measures and handle the situation according to the law;

b) In cases where the violation does not fall within the route or area under their responsibility, they shall notify the competent Traffic Police Unit to implement verification and penalty measures according to the law;

4. Verification of information about vehicles and vehicle owners shall be conducted through the vehicle registration agency, the National Population Database, and other relevant agencies or organizations.

5. Based on the verification results stipulated in Clause 4 of this Article, the competent authority head shall send notifications to the vehicle owner and invite the vehicle owner and driver to the police station that issued the notification to clarify the matter (in accordance with Form No. 06 issued together with this Circular).

If the vehicle owner or driver does not come to the police station within twenty days from the date of sending the notification to resolve the matter, the person authorized to handle the case shall continue to send a notification to the commune, ward, town police (in accordance with Form No. 04 issued together with this Circular). Upon receipt of the notification, the commune, ward, town police shall forward it to the vehicle owner, request the owner to comply with the notification, and inform the issuing police station (in accordance with Form No. 4 issued together with this Circular).

Article 30. Coordination and reception of results obtained from technical means provided by organizations entrusted with managing, operating, and maintaining road infrastructure and transportation businesses

1. Traffic Police units assigned the task of patrolling and controlling along routes and areas under their responsibility shall coordinate with organizations entrusted with managing, operating, and maintaining road infrastructure and transportation to implement:

a) Utilizing data from traffic management cameras, vehicle tracking devices, and cameras installed on commercial transport vehicles managed, operated, and maintained by these organizations to serve traffic order and safety assurance and combat criminal activities on the road as prescribed by law;

b) Receiving results obtained from technical means (measuring devices for vehicle load weight, audio and video recording devices, traffic management camera systems, cameras installed on commercial transport vehicles) as stipulated in Article 22 of Decree No. 135/2021/NĐ-CP to determine administrative violations and handle such violations in the field of traffic order and safety. After receiving the results, they shall follow the provisions of Clause 3 of Article 19 and Article 28 of this Circular (the violator shall go to the police station that sent the violation notification to resolve and handle the case).

2. The technical means specified in point b of Clause 1 of this Article must be managed and used in accordance with the Law on Handling Administrative Violations (amended and supplemented in 2020) and Decree No. 135/2021/NĐ-CP.

3. When receiving results obtained from the technical means specified in point b of Clause 1 of this Article (photographs, images, printed sheets, measurement indices, data stored in the memory of technical means), they must be recorded in the logbook, signed off, and kept in the administrative violation penalty file as prescribed.

                                                      Chapter IV

MOBILIZING OTHER POLICE FORCES TO COOPERATE WITH TRAFFIC POLICE IN PATROLLING AND CONTROLLING TRAFFIC ORDER AND SAFETY ON ROADS IN NECESSARY CASES IN ESSENTIAL SITUATIONS

Article 31. Requirements and Principles for Mobilizing Other Police Forces

1. Comply with the provisions of the Law on People's Public Security, the Road Traffic Law, Decree No. 27/2010/NĐ-CP dated March 24, 2010 of the Government on mobilizing other police forces and village police to cooperate with traffic police in patrolling and inspecting road traffic order and safety when necessary (hereinafter referred to as Decree No. 27/2010/NĐ-CP), this Circular, and other relevant laws.

2. Ensure compliance with the routes, areas, and timeframes set out in the plan. Administrative violations detected during patrols and inspections must be handled in accordance with the law on administrative violations, decrees on administrative penalties in the field of road traffic, and other relevant laws.

3. Mobilization of other police forces to participate in joint patrols and inspections of road traffic order and safety must be within the scope of their authority and only in cases deemed necessary as stipulated in Decree No. 27/2010/NĐ-CP. Cooperation must be based on the functions, tasks, and powers of the mobilized forces as prescribed by law, decisions of competent authorities, and in accordance with actual circumstances.

Article 32. Mobilized Forces and Conditions for Officers and Soldiers and Conditions for Officers and Soldiers Mobilized

1. Mobilized Forces: Other police forces within the People's Public Security.

2. Conditions for Officers and Soldiers Mobilized

Officers and soldiers mobilized to cooperate with traffic police in patrolling and inspecting road traffic order and safety must be thoroughly familiar with the regulations of the Road Traffic Law, regulations on handling administrative violations, decrees on administrative penalties in the field of road traffic, and regulations on patrolling and inspecting road traffic.

Article 33. Tasks of Traffic Police and Tasks of Other Police Forces

1. Tasks of Traffic Police

a) Develop plans for patrolling and inspecting road traffic order and safety

In cases where the Minister of Public Security decides to mobilize, the Highway Police Department shall be responsible for developing the plan. In cases where the Provincial Public Security Director decides to mobilize, the Traffic Police Division shall be responsible for developing the plan. In cases where the County Public Security Chief decides to mobilize, the Traffic Police - Order Maintenance Team under the County Public Security shall be responsible for developing the plan;

b) Timeframe for Developing Plans and Content of Plans

Within two working days from the date of receipt of the mobilization decision, the traffic police units specified in point a of this Clause must develop the plan and submit it to the competent authority that issued the mobilization decision for issuance and implementation. The content of the plan must clearly specify the forces, quantity needed to be mobilized, equipment, technical devices, weapons, support tools, time, route, area of mobilization, specific tasks of traffic police officers and other police officers participating in joint patrols and inspections of road traffic order and safety;

c) Direct, manage, inspect, urge, guide, and organize the implementation of patrols and inspections of road traffic order and safety;

d) Impose administrative penalties within their authority.

2. Tasks of Other Police Forces

a) Deploy forces, equip vehicles, technical devices, weapons, and support tools to participate in patrols and inspections of road traffic order and safety according to the plan;

b) Handle violations within their authority; compile statistics and report on traffic accidents and violations of road traffic laws; results of patrols, inspections, and administrative penalties for road traffic order and safety according to the division of labor in the plan;

c) In cases where there is no traffic police present, the Village Police shall implement patrols and inspections according to the plan issued by the competent authority and report the situation and results of patrols, inspections, and violation handling to the traffic police force. Village Police may only patrol, inspect, and handle violations on village roads and other roads under their jurisdiction. When discovering drivers of motorcycles, motorbikes, electric bikes, and non-motorized vehicles committing violations such as not wearing helmets as required; carrying more passengers than allowed; carrying bulky goods exceeding the size limit; parking improperly; speeding, weaving, swerving; lacking left side mirrors; using umbrellas (canopies); being underage to drive according to regulations; or discovering serious violations of road traffic order and safety, social security if not promptly prevented will cause dangerous consequences to society, they may handle them according to the law. During the process of resolving and handling these violations, if other violations are discovered, they may be handled within their authority; if beyond their authority, they must record the administrative violation and report to the competent authority to issue a decision on administrative penalty according to the law;

Orders to stop vehicles, conduct inspections, and handle violations shall be carried out in accordance with the provisions of Clause 2, Article 12, Articles 17, 18, 20, 21, 22, 24, 25, 26, and 27 of this Circular.

The orders to stop vehicles for inspection and violation handling shall be carried out in accordance with Clause 2 Article 12, Articles 17, 18, 20, 21, 22, 24, 25, 26, and 27 of this Circular.

Article 34. Equipment and Assurance Conditions for Other Police Forces Performing Traffic Order and Safety Patrol and Control Tasks on Roadways

1. When performing traffic order and safety patrol and control tasks on roadways, other police forces shall be equipped with whistles, loudspeakers, traffic command sticks, technical equipment, weapons, other support tools as prescribed, and violation handling forms.

The management and use of technical equipment, weapons, support tools, and violation handling forms shall be carried out according to regulations. Such equipment and tools shall only be provided for duty purposes; upon completion of the task, they must be returned to the person directly responsible for management. The handover of technical equipment, weapons, support tools, and violation handling forms must be recorded in a logbook, signed off, and managed according to regulations.

2. Other police forces participating in coordinated patrols and controls of traffic order and safety on roadways during the period shall receive allowances and subsidies as prescribed by law for forces participating in traffic order and safety assurance work on roadways.

Chapter V

IMPLEMENTING PROVISIONS

Article 35. Effective Date

1. This Circular takes effect from September 15, 2023.

2. Circular No. 47/2011/TT-BCA dated July 2, 2011, issued by the Minister of Public Security detailing the implementation of certain provisions of Decree No. 27/2010/NĐ-CP dated March 24, 2010, regarding the mobilization of other police forces and village police to cooperate with highway traffic police in patrolling and controlling traffic order and safety on roadways when necessary; Circular No. 65/2020/TT-BCA dated June 19, 2020, issued by the Minister of Public Security detailing the duties, powers, forms, contents, and procedures for patrol, control, and administrative violation handling related to traffic on roadways by traffic police; Point 1, Clause 11, Clause 12, Clause 13, Clause 14 of Article 4 of Circular No. 15/2022/TT-BCA dated April 6, 2022, amending and supplementing certain provisions of Circular No. 43/2017/TT-BCA dated October 20, 2017, issued by the Minister of Public Security concerning the procedures for issuing and revoking certificates of eligibility for security and public order conditions and conducting vocational examination and issuing vocational certificates for security personnel; Circular No. 45/2017/TT-BCA dated October 20, 2017, issued by the Minister of Public Security concerning the procedures for registering stamp models, revoking and destroying stamps, invalidating stamp usage, and inspecting stamp management and use; Circular No. 58/2020/TT-BCA dated June 16, 2020, issued by the Minister of Public Security concerning the procedures for issuing and revoking registration and license plates for motor vehicles on roadways; Circular No. 65/2020/TT-BCA dated June 19, 2020, issued by the Minister of Public Security detailing the duties, powers, forms, contents, and procedures for patrol, control, and administrative violation handling related to traffic on roadways by traffic police; Circular No. 68/2020/TT-BCA dated June 19, 2020, issued by the Minister of Public Security concerning the procedures for patrol, control, and administrative violation handling by inland waterway police; Circular No. 73/2021/TT-BCA dated June 29, 2021, issued by the Minister of Public Security concerning passport and travel document models and related forms, shall cease to be effective from the date this Circular takes effect.

3. If the legal normative documents cited in this Circular are amended, supplemented, or replaced, the content cited in this Circular shall also be adjusted and implemented according to the amended, supplemented, or replaced legal normative documents.

Article 36. Responsibility for Implementation

1. The Director of the Traffic Police Corps is responsible for directing, guiding, inspecting, and urging local public security organs to implement this Circular.

2. Heads of units under the Ministry of Public Security and Provincial Police Directors are 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 Highway Traffic Police Department) for timely guidance./.