Circular No. 36/2023/TT-BCA on the procedures for patrolling, controlling, and handling administrative violations of inland waterway traffic police

CIRCULAR

REGULATIONS ON PROCEDURES FOR PATROLLING, INSPECTING AND HANDLING ADMINISTRATIVE VIOLATIONS BY WATERWAY POLICE

Pursuant to the Law on Public Security Organs dated November 20, 2018; the Law Amending and Supplementing Certain Provisions of the Law on Public Security Organs dated June 22, 2023;

Pursuant to the Law on Inland Waterway Transport dated June 15, 2004; the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport dated June 17, 2014; the Law Amending and Supplementing Certain Provisions of 37 Laws Related to Planning dated November 20, 2018;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;

Pursuant to Decree No. 139/2021/ND-CP dated December 31, 2021 of the Government stipulating administrative penalties for violations in the field of inland waterway transport; Decree No. 142/2017/ND-CP dated December 11, 2017 stipulating administrative penalties in the maritime sector; Decree No. 123/2021/ND-CP dated December 28, 2021 of the Government amending and supplementing certain provisions of Decrees stipulating administrative penalties in the maritime sector; road traffic; railway; civil aviation; Pursuant to Decree No. 135/2021/ND-CP dated December 31, 2021 of the Government stipulating the list, management, and use of technical equipment means and procedures for collecting and using data obtained from technical equipment provided by individuals and organizations to detect administrative violations;

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. 59/2022/ND-CP dated September 5, 2022 of the Government stipulating electronic identification and authentication;

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

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;

The Minister of Public Security issues this Circular stipulating the procedures for patrolling, inspecting, and handling administrative violations by waterway police.

This Circular stipulates the construction and implementation of patrol and inspection plans; conducting patrols, inspections, and handling administrative violations on inland waterways, areas outside the scope of channels and waters not yet organized for traffic management and exploitation within inland waters, port waters, and shipping lanes where inland waterway vessels are permitted to operate (hereinafter referred to as waterways), and handling administrative violation cases at unit headquarters.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Officers and non-commissioned officers of the Waterway Police (hereinafter referred to as officers) perform tasks of patrolling, inspecting, and handling administrative violations on waterways.

Article 2. Applicability

This Circular applies to:

3. Agencies, organizations, and individuals related to the activities of patrolling, inspecting, and handling administrative violations on waterways.

2. Public security units and localities.

Article 3. Requirements for officers performing tasks of patrolling, inspecting, and handling administrative violations on waterways

1. Comply with the provisions of the law on inland waterway transport and maritime transport (hereinafter referred to as waterway transport); the law on handling administrative violations, this Circular, and other relevant laws.

2. Perform their assigned tasks in accordance with the law, approved patrol and inspection plans in a thorough and responsible manner; ensure democracy in traffic order and safety work and the Regulations of the People's Public Security.

3. Have appropriate attitudes and suitable behavior when interacting with the public and persons who violate the law.

3. Maintain proper demeanor and appropriate conduct when interacting with the public and individuals who have violated the law.

4. Timely detect, prevent, and handle violations of laws related to inland waterway traffic and other related legal violations according to the prescribed authority, procedures, and formalities.

5. Ensure other requirements and regulations set forth by the Ministry of Public Security.

Article 4. Forms to be used in patrol, control, and administrative violation handling operations of Waterway Police

This Circular annexes the following forms:

Point 1. Form for transferring results collected by technical equipment regarding administrative violations concerning traffic order and safety on waterways (Form No. 01).

Point 2. Notice of administrative violations concerning traffic order and safety on waterways (Form No. 02).

Point 3. Notice of information and images reflecting administrative violations concerning traffic order and safety on waterways (Form No. 03).

Point 4. Report form (Form No. 04).

Point 5. Logbook for receiving information and images reflecting administrative violations concerning traffic order and safety on waterways (Form No. 05).

Chapter II

BUILDING AND IMPLEMENTING PATROL AND CONTROL PLANS

IMPLEMENTATION OF PATROLS, CONTROLS, AND ADMINISTRATIVE VIOLATION HANDLING

Section 1

BUILDING AND IMPLEMENTING PATROL AND CONTROL PLANS

Article 5. Patrol and control plans

1. Types of patrol and control plans:

a) Comprehensive inspection and control plan and violation handling plan;

b) High-point inspection and control plan and violation handling plan;

c) Regular and periodic or sudden inspection and control plan;

d) Special topic inspection and control plan and violation handling plan;

đ) Coordination plan with related units to ensure traffic order and safety on inland waterways, security, and order;

e) Work week plans; patrol and control plans for Waterway Police Teams.

2. The contents of patrol and control plans on waterways shall be managed under confidential document regulations. Based on work programs, requirements for ensuring traffic order and safety, social order, and the results of basic operational activities, understanding the situation, characteristics of the waterway routes and areas, patrol and control plans include the following contents:

a) Basis for issuing the plan;

b) Objectives and requirements;

c) Route, area, time for patrol and control;

d) Objectives, behaviors to be concentratedly controlled and handled;

đ) Forms and contents of patrol and control;

e) Uniforms of officers implementing the patrol and control plan;

g) Deployment of forces, assignment of tasks, provision of equipment, technical devices, weapons, support tools, anticipation of situations that may occur during patrols and controls, and resolution measures; assignment of implementation organizations and reporting systems for patrol and control situations and outcomes.

Article 6. Authority to issue patrol and control plans

1. The Minister of Public Security issues the national inspection and control plan and administrative violation handling plan on inland waterways.

2. Director of the Traffic Police Corps:

a) Advises the Minister of Public Security to issue the national inspection and control plan and administrative violation handling plan on inland waterways;

b) Directly issues the inspection and control plan and administrative violation handling plan on inland waterways along routes, areas, or nationwide;

c) Directs, guides, inspects, and urges the implementation of issued inspection and control plans and administrative violation handling plans.

3. Director of Provincial Public Security Department (hereinafter referred to as Director of Provincial Public Security Department):

a) Issuing patrol, control, and violation handling plans within their jurisdiction.

b) Directs, guides, inspects, and urges the implementation of inspection and control activities and administrative violation handling within their jurisdiction;

c) Coordinates with the inland waterway patrol and control force of the Traffic Police Department when required.

4. Head of the Guidance and Control Patrol and Crime Prevention Department on inland waterways:

a) Advising the Director of the Traffic Police Corps to issue patrol, control, and violation handling plans within the authority of the Traffic Police Corps;

a) Building plans to organize regular, periodic monthly, or sudden patrols, controls, and violation handling on assigned routes and areas;

b) Approving work week plans of subordinate Teams, Stations, and Flotillas.

6. Team Leaders, Station Chiefs, Flotilla Chiefs:

c) Based on approved work week plans, drafting schedules for implementing work week plans for each Patrol and Control Team;

d) Assigning tasks to each member of the Patrol and Control Team in the Plan Book and patrol and control logbook;

đ) Only drafting plans for one Patrol and Control Team at a time; only drafting subsequent plans after completing the current plan.

Article 7. Implementation of the plan

1. Team Leader:

a) Disseminate and ensure understanding among team members about the work plan and related contents before carrying out the tasks;

b) Roll call, check uniforms, identification numbers of People's Police officers; internal regulations; technical equipment; weapons, auxiliary tools; circulation documents of vehicles, seafarers' documents, vehicle operators' documents; People's Police identity cards (when arranging officers to wear civilian clothes); relevant forms and other necessary conditions for patrolling and inspection tasks;

c) Issue orders to commence patrolling and inspection when all conditions are met and it is safe.

2. Team Members:

a) Be thoroughly familiar with the objectives, requirements, contents of the plan, assigned tasks, positions, communication protocols;

b) Proactively prepare and carry out assigned tasks and other tasks as directed by the Team Leader;

c) Timely report to the Team Leader any unexpected situations occurring during the execution of patrol and control tasks.

Section 2

CONDUCT PATROLLING, INSPECTION, AND HANDLING OF ADMINISTRATIVE VIOLATIONS

Article 8. Stopping Vehicles for Inspection

1. Officers conducting patrolling and inspection tasks according to the plan shall stop vehicles for inspection in the following cases:

a) Directly discovering or detecting through technical equipment signs of law violations;

c) Having a written request from the head or deputy head of investigation agencies at various levels or related functional agencies to inspect for national security protection and social order and safety assurance purposes;

d) Reports or accusations regarding violations of laws related to persons and vehicles participating in traffic.

2. Requirements for Stopping Vehicles for Control

a) Safety, compliance with legal provisions, without hindering traffic operations. Once the vehicle has been stopped, control and handling of violations (if any) must be carried out according to legal provisions;

b) Select inspection locations with wide, deep, unobstructed lanes, ensuring clear visibility; ensure that vehicles can be stopped safely and inspections conducted openly and transparently;

c) In cases where vehicles transporting flammable, explosive, toxic substances, or other dangerous goods are stopped for inspection, in addition to meeting the requirements specified in points a and b of this clause, measures must also be taken to ensure safety, guiding vehicles to move away from residential areas or deserted places before stopping, then proceed with the inspection.

3. Vehicle Stop Orders

When stopping vehicles for inspection, it must be based on the density of vehicles participating in traffic, the situation, characteristics of traffic lanes and routes to ensure safety and normal flow of other vehicles, and carried out as follows:

a) During the day, wave the "K" flag towards the vehicle to be inspected three times vertically from top to bottom, simultaneously sounding a long, short, and long tone;

b) At night, direct the light signal towards the vehicle to be inspected, flashing a long, short, and long light, simultaneously sounding a long, short, and long tone;

c) In addition to the signals mentioned above, loudspeakers may be used to guide vehicles to stop or slow down for inspection.

Article 9. Conducting Inspections

1. Inspecting traffic vehicles:

a) After issuing the command to stop the vehicle, members of the patrol and inspection team guide the vehicle to approach the shore, dock at the wharf (if inspected at the station) or alongside the patrol and inspection vehicle. In cases where the location for stopping the vehicle being inspected has deep draft, complex terrain, narrow channels, low water levels, or difficulties in stopping the vehicle, notify the vehicle operator to reduce speed and maneuver the patrol and inspection vehicle alongside the vehicle to be inspected;

b) The team leader and team members assigned to board the vehicle meet the owner or operator of the vehicle, depending on specific circumstances, the team leader or assigned team member may perform a salute according to the People's Police Regulations or greet verbally, introduce rank, name, position, and unit; inform the reason, content of the inspection, and request compliance with the inspection; conduct the inspection as prescribed;

c) Contents and methods of inspection on the vehicle:

Inspect the vehicle's documents, seafarer's documents, and documents of persons on board; inspect cargo loaded on the vehicle, cargo documents, and other related documents as prescribed (hereinafter referred to as documents). When inspecting documents, compare them with reality and determine the legality of the documents;

Inspect the technical safety conditions and environmental protection of the vehicle: Inspect through observation, comparing reality with the vehicle's documents or using technical equipment, proceeding from inside to outside, top to bottom. If necessary, check based on databases or request specialized agencies to conduct appraisals;

Inspect transportation safety: The draft of the vehicle compared to the safe draft mark; type, quantity, size, specifications of cargo and objects, actual number of people compared to the vehicle's carrying capacity, and safety measures during transportation activities;

Inspect other related contents as prescribed by law;

During the inspection, representatives of the vehicle owner or seafarer, vehicle operator must be present. In cases where these individuals are not present, the inspection must have a representative from the local authority where the inspection takes place or at least one witness;

After national databases and specialized databases are connected to the electronic identification and authentication system, determining information about the validity and usage value of the aforementioned documents (temporary detention, revocation of use rights, recovery, confiscation, loss), inspecting through checking and comparing the information of these documents in an electronic identification account level 2 has the same effect as directly inspecting paper documents;

d) In cases where the vehicle operator presents documents, directly check and compare these documents;

In cases where the vehicle operator provides document information in an electronic identification account, check and compare the information of these documents in the electronic identification account. During the inspection, if signs of falsification of the electronic identification account or organizations and individuals engaging in violations requiring temporary detention, revocation, recovery, or confiscation of documents are discovered, require organizations and individuals to present these documents for handling according to the law;

đ) In cases where vehicles transporting flammable, explosive, toxic substances, or other dangerous goods are inspected, safety measures must be taken to move the vehicle away from residential areas or deserted places to conduct the inspection; if necessary, request specialized agencies to participate in the inspection activity;

2. Inspecting standards and conditions ensuring the safety of inland waterway transport infrastructure, during the inspection process, if violations are found, they must be recorded by images:

a) For inland waterway infrastructure, inspect the inland waterway navigation signal system, the safety condition of ship channels, channel protection zones, port facilities, inland waterway ports, and other related facilities to identify violations and handle them according to the law;

b) When detecting changes to channels, routes, signaling systems that differ from the design or announcement by waterway management authorities, or unusual changes, they must promptly record and report to the relevant management agencies to take measures to rectify or ensure traffic order and safety;

c) In cases where dangerous obstructions affecting safety on channels are discovered, the patrol and control team shall immediately set up temporary signals, regulate traffic, and notify the waterway management authority to set up guidance signals; cooperate with the waterway management authority to identify the owner of the obstruction, require them to install and maintain signals, determine the time and methods for removal and clearance to ensure traffic safety, and handle violations according to regulations;

3. After inspection, the patrol and control team shall inform the relevant parties about the inspection results, acts of violation, administrative penalty forms (if any), and proceed to handle the violation or report it to the authorized person for handling according to the law. If no violation is found, express gratitude for their cooperation. If dangerous constructions, ports, or inland waterway wharfs are found to be unsafe and the representatives of these facilities are absent, a record of the inspection shall be made in the presence of a representative of the commune authority or at least one witness; notify the management unit of the construction, port, or wharf and schedule a meeting according to regulations;

4. Control through technical equipment and devices

a) Staff operate and use technical equipment and devices in accordance with the law to detect and collect evidence of violations of laws on waterways by individuals and vessels, organize inspections, and handle violations according to the law. The driver of a vehicle participating in traffic has the responsibility to cooperate with requests for inspection and control through technical equipment and devices of the Waterway Police;

b) Information collected through technical equipment and devices includes photographs, images, printed forms, measurement readings, and data stored in the memory of such equipment; this information is compiled into lists, printed as records, and retained in the administrative violation case file according to the law and the Ministry of Public Security's regulations on file work;

c) When controlling through technical equipment and devices, if information and images of violations by individuals or vehicles participating in waterway traffic are detected and collected, the authorized person imposing penalties shall act as follows:

Organize forces to stop vehicles for inspection and handling of violations according to the law. If the violator or representative of the violating organization requests to view the information, images, and collected results of the violation, allow viewing if such information and images are available; if not, guide the violator or representative of the violating organization to view the information, images, and results when handling the violation at the office;

If the violating vehicle cannot be stopped for inspection and handling of violations, implement the provisions of Article 16 of this Circular.

Article 10. Handling violations during patrol and control

1. Cases of administrative penalty without creating a record

When discovering a violation subject to administrative penalty without a record, the authorized authority must issue an on-the-spot administrative penalty decision; if the violator has not immediately complied with the decision, they have the right to temporarily retain related documents in accordance with the order specified in Point d Clause 2 Article 11 of this Circular to ensure compliance with the administrative penalty decision.

2. In cases of administrative penalties with records:

a) Upon discovering an administrative violation subject to administrative penalty with a record, the officer shall prepare the administrative violation record in accordance with the regulations.

The administrative violation record can be prepared using a pre-printed form or through the Administrative Violation Processing System.

b) After completing the administrative violation record, the officer shall read it aloud for all persons named in the record to hear; guide the rights and deadlines for explaining the administrative violation according to Article 61 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020) for the violator or organization to explain their violation.

Request the violator or representative of the violating organization to provide contact phone number (if available) to receive information about the penalty through the National Public Service Portal, the Ministry of Public Security's Public Service Portal; sign the record (if the violator or representative cannot sign, then affix a fingerprint); except when the record is prepared and sent electronically.

If there are witnesses, interpreters, victims, or representatives of organizations that suffered losses, these individuals must also sign the record; if the administrative violation record consists of multiple pages, signatures or fingerprints must be made on each page of the record.

c) If the violator or representative of the violating organization is not present at the location of the violation, intentionally avoids, or due to objective reasons does not sign or affix fingerprints on the record, or is present but refuses to sign or affix fingerprints on the record, the officer preparing the record must clearly note the reason in the record. The Patrol and Control Team Leader invites a representative from the local commune government where the violation occurred or at least one witness to sign confirming that the individual or organization did not sign the record and must report in writing to the head of the unit as a basis for the authorized authority to decide on the penalty or use technical equipment to record video as a basis for handling; do not erase or modify any content already recorded in the administrative violation record.

d) The administrative violation record must be handed over to the individual or organization committing the administrative violation one copy, except in cases where the individual or organization committing the administrative violation cannot be identified.

In cases where a minor commits an administrative violation, the record must also be sent to their parents or guardian.

If the violator or representative of the violating organization is not present at the location where the administrative violation record is prepared or is present but refuses to accept the record or there is evidence that the individual or organization is avoiding receipt of the record, the delivery of the administrative violation record shall be carried out in accordance with Article 70 of the Law on Handling Administrative Violations regarding the delivery of the administrative penalty decision for enforcement. The administrative violation record may be prepared and sent electronically in cases where the authority with the authorized authority to impose penalties, individuals, or organizations meet the conditions for infrastructure, technology, and information.

Article 11. Application of preventive measures, ensuring administrative violation handling and enforcement of Administrative Offense Penalty Decisions

1. In cases where it is necessary to immediately prevent an administrative violation act or to ensure the execution of the penalty decision or to verify circumstances for which there would be no basis to issue an administrative offense penalty decision if not temporarily detained, the Patrol and Control Team Leader must decide or report to the authorized person to decide on applying preventive measures in accordance with the law.

2. Temporary detention of evidence, means of transportation involved in administrative violations, licenses, and professional certificates

a) Upon discovering an administrative violation act as prescribed by law requiring temporary detention of contraband items, means of transportation, business licenses, or professional certificates, the Patrol and Control Team shall notify the violator, representative of the violating organization, and related persons; proceed to establish an administrative violation record; establish a temporary detention record for contraband items, means of transportation, licenses, and certificates; issue a temporary detention decision within their authority or report to the authorized person to issue a temporary detention decision for contraband items, means of transportation, licenses, and certificates in accordance with the regulations; if the contraband items or means of transportation subject to temporary detention need to be sealed, they shall be sealed in accordance with the law;

b) Within twenty-four hours from the time of establishing the temporary detention record, the person who established the record must report to the authorized person to temporarily detain contraband items, means of transportation, licenses, and certificates that have been temporarily detained for consideration of issuing a temporary detention decision; the temporary detention decision must be handed over to the violator, representative of the violating organization one copy.

If a temporary detention decision is not issued, the detained evidence, means of transportation, licenses, and professional certificates must be returned immediately in accordance with the regulations.

For cases where the detained evidence is easily perishable goods, the person detaining them must immediately report to the direct head supervisor for handling; if damage or loss occurs, compensation must be provided in accordance with the law.

c) In cases where, when temporarily detaining contraband items or means of transportation, the person controlling the means of transportation is not present at the location of the violation or intentionally avoids, obstructs, and does not comply, the following actions shall be taken: Establish a temporary detention record, with confirmation signatures from a representative of the commune-level authority or at least one witness; use technical equipment (audio recording devices, video cameras) to record the incident and images of contraband items and means of transportation; use methods to transport contraband items and means of transportation to the temporary detention location (directly carried out or hired organizations or individuals to carry out); verify and send notifications to the owner of the means of transportation, requesting the violator and representative of the violating organization to resolve the matter (in accordance with Form No. 02 issued together with this Circular); the individual or organization in violation must bear the costs for transporting the contraband items and means of transportation to the temporary detention location in accordance with the law;

d) If only a fine is applied, the authorized person to impose penalties may temporarily detain one of the following types of documents in the following order: Certificate of Professional Competence for Ship Captain, Driver's License, Vehicle Registration Certificate, or valid Credit Institution Confirmation for mortgaged vehicles, Safety and Environmental Protection Certificate of the vehicle, Certificate of Professional Competence for Chief Engineer, or other relevant documents related to contraband items and means of transportation as prescribed by law to ensure compliance with the administrative offense penalty decision. If the violator does not have the aforementioned documents, the means of transportation involved in the administrative violation may be temporarily detained to ensure the enforcement of the administrative offense penalty decision;

đ) In cases where the temporarily detained means of transportation is entrusted to the violator for management and preservation to ensure the enforcement of the administrative offense penalty decision, it shall be carried out in accordance with the Government's regulations on managing and preserving contraband items and means of transportation temporarily detained or confiscated through administrative procedures.

Article 12. Recording in the Plan Book and Patrol Logbook

1. Upon completion of each case, it must be immediately recorded in the Patrol and Control Plan Book and Logbook.

2. Cases shall be briefly, clearly, and continuously recorded in chronological order, specifically:

a) In case of violation by a vessel, record the following contents: Time (hours, minutes, date); location (kilometers, place name, route, area); inspection of the watercraft, control number plate, person in charge; violation behavior; measures taken by the Police: Warning decision, fine amount (amount of money), established penalty notice (serial number), application of preventive measures, other measures;

b) In case of no violation by a vessel, record the following contents: Time (hours, minutes, date); location (kilometers, place name, route, area); inspection of the watercraft, control number plate, person in charge of the watercraft;

c) Traffic accidents, traffic congestion, criminal activities, and other incidents.

Article 13. Conclusion of patrol and supervision

1. The Team Leader of the patrol team organizes a debriefing to draw lessons, supplement and perfect all details of incidents during the patrol period; fully record observations, evaluations of strengths, weaknesses, suggestions, sign in the Plan Book and Patrol Logbook.

2. Report the situation and results of the work of the Patrol and Control Team.

3. Hand over forms, files of administrative violation cases, documents, evidence items, detained vehicles, fines collected on the spot to the unit's management staff (if applicable). The handover must be conducted immediately after the conclusion of the patrol and supervision period. The giver and receiver must sign and clearly write their full names in the Form Handover Record and File Handover Record during patrol and supervision and handling of administrative violations; if loss or damage occurs to the aforementioned documents, equipment, evidence items, vehicles, money, disciplinary action, compensation, and other legal responsibilities will be imposed according to the law. The handover of weapons, support tools, equipment, technical devices, and other equipment to the next patrol team or the unit's management staff must be clearly recorded in the Plan Book and Patrol Logbook and the Equipment Handover and Usage Record, technical devices, weapons, and support tools.

Chapter III

HANDLING ADMINISTRATIVE VIOLATIONS AT THE UNIT'S HEADQUARTERS

Article 14. Organization of Administrative Violation Handling Work

1. Public Security units and localities authorized to handle administrative violations must establish an administrative violation handling department.

2. Location for resolving administrative violation cases

a) Arrange at a convenient location with appropriate space, seating for persons coming to resolve administrative violation cases;

b) Post diagrams indicating work locations, public reception schedules, identification signs of officers responsible for handling, phone numbers, rules for public reception, suggestion boxes, and contents of some relevant legal regulations concerning administrative violation handling work;

3. Responsibilities of administrative violation handling officers

a) Be present 15 minutes before working hours, prepare all necessary means, forms, office equipment for administrative violation handling work; guide persons coming to resolve administrative violations to follow the correct sequence;

b) Establish an administrative violation record for cases discovered through the use of technical equipment but where immediate cessation of the vehicle for handling was not possible;

c) Receive data (information, images) reflecting administrative violations related to traffic order and safety on inland waterways (hereinafter referred to as information, images) provided or posted by individuals or organizations on mass media, social networks;

d) Receive case files of administrative violations;

e) Advise and propose methods for handling administrative violations.

Article 15. Procedure for Handling Administrative Violations

1. Receiving Case Files of Administrative Violations

a) The administrative violation case file handed over by the patrol and control team includes: Administrative violation record or inspection record; temporary detention record of evidence, means of transport, practice license/certificate; on-the-spot administrative penalty decision; temporary detention decision and related documents to the means of transport, person in charge of the means of transport; temporarily detained evidence, means of transport, practice license/certificate and collected documents (if any).

b) Case files of administrative violations discovered through technical equipment with recording capabilities but the means of transportation could not be stopped for handling;

c) Case files of administrative violations reported or posted by organizations or individuals on mass media or social networks;

d) Case files of administrative violations transferred by criminal proceedings authorities with jurisdiction for administrative penalty;

d) Enter the Statistical Book of Results of Administrative Violation Cases Processing. For units and localities equipped with software systems for handling traffic violations, they shall conduct statistics and monitor the cases through the system.

2. Classifying Case Files of Administrative Violations

a) Case files of administrative violations awaiting resolution, including:

Types of cases where the nature of the violation is clear and no further verification is needed;

Types of cases requiring verification;

Types of cases outside the jurisdiction of the unit head;

Types of cases indicating criminal offenses; cases of violations discovered through the use of technical equipment but the means of transport could not be immediately stopped for handling; cases of inland waterway traffic administrative violations reported by organizations or individuals through mass media or social networks.

b) Case files where a decision on administrative penalty has been issued but the violator has not yet received it; or has received it but has not yet executed it or has not completed execution;

c) Completed case files include: Administrative violation cases where violators have fully executed the administrative penalty decisions but have not yet stored them according to the file management regulations of the Ministry of Public Security.

d) Case files for handling complaints and reports.

3. Reviewing Administrative Violation Cases

a) Input data into the software system for managing and handling administrative violations concerning traffic order and safety, to print out administrative penalty decisions through the system as stipulated in Clause 4 of this Article; examine and compare the administrative violation case files with legal provisions and report, propose handling measures as prescribed; for cases requiring verification and explanation, follow the provisions of Articles 59 and 61 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020).

b) For cases not within the administrative penalty authority of the unit head, staff shall report and propose transferring the case file to the competent authority for handling in accordance with the law;

c) For administrative violation cases discovered through the use of technical equipment but the means of transport could not be immediately stopped, follow the provisions of Article 16 of this Circular; when resolving, allow violators to view the results obtained through technical equipment; issue an administrative violation record. After issuing the administrative violation record, enter it into the Statistical Book of Results of Administrative Violation Cases Processing as stipulated in Point d, Clause 1 of this Article.

d) For cases indicating criminal offenses, officers must report and propose the head of the unit to transfer the case file to the competent criminal prosecution agency for handling as stipulated in Article 62 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020).

đ) Submitting to the competent authority for issuing an administrative penalty decision in accordance with the law;

e) Send the administrative penalty decision to the issuing authority for cases where the right to use the license/certificate has been revoked and to the violator individuals or organizations as prescribed. Input data into the software system for handling traffic violations of the Traffic Police Department for cases where the license/certificate has been revoked or temporarily detained documents have exceeded the deadline but the violator individuals or organizations have not yet come to execute the penalty decision. When violator individuals or organizations have executed the penalty decision and reclaimed the documents, the handling officer must update the software system for handling traffic violations with the information that the documents have been returned.

g) When violator individuals or organizations come to resolve the violation, follow the provisions of Clause 5 of this Article. In cases of paying administrative fines through public postal services, follow the current laws and regulations of the Ministry of Public Security. In cases of paying administrative fines through the National Public Service Portal or the Ministry of Public Security Public Service Portal, follow the provisions of Clause 7 of this Article.

h) If the violator individual or organization does not come to resolve the violation within the time limit specified in the administrative violation record, follow the provisions of Clause 4 of Article 16 of this Circular for vehicles subject to inspection.

For licenses/certificates that have exceeded the temporary detention period or the enforcement period of the penalty decision, if the violator individual or organization does not come to collect them without a valid reason, within 10 working days from the end of the temporary detention period or the enforcement period of the penalty decision, the authorized person must transfer them to the issuing authority to proceed with recovery according to the law and notify the violator individual or organization as stipulated in Article 126 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020) and Article 41 of Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing certain provisions and implementation measures of the Law on Handling Administrative Violations.

In cases of force majeure necessitating the use of pre-printed administrative penalty decisions (Teams, Stations, Water Teams must submit detailed reports to the Water Unit leadership, Traffic Police Departments, and county-level police leadership regarding the force majeure reasons and must keep them in the administrative violation case files), or cases handled under simplified procedures without pre-printed records; after issuing the pre-printed decision, input data into the software system for handling traffic violations for management and to fulfill reporting requirements.

When the software meets infrastructure and technical conditions, use the software system for handling traffic violations to create and print administrative violation records and other forms.

5. Directly work with violator individuals or representatives to resolve violations:

a) Accept the administrative violation record and compare it with the violation file; in cases where individuals or organizations committing violations have lost the administrative violation record, they must present identification documents; only handle administrative violation cases directly with the violator, representative of the violating organization, or a legally authorized person as provided by law;

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

c) Deliver one copy of the administrative violation penalty decision to the person being penalized or their legal representative, authorized person, and one copy to the State Treasury or bank where the fine is collected.

d) In cases where individuals or organizations that violated have completed payment of fines, the staff handling administrative violation tasks at the unit shall perform as follows: Accept the receipt for fine collection; check and compare the fine collection receipt with the administrative violation file and retain the file; return the confiscated items, means of administrative violation, licenses, and practice certificates that were temporarily held according to administrative procedures (except in cases where supplementary punishment measures, measures to mitigate consequences, or decisions imposing confiscation of items and means of administrative violation have not been fully implemented) as stipulated by law. Return licenses and practice certificates when the suspension period has expired;

đ) In cases where the administrative violation case is resolved based on the administrative violation notice regarding traffic order and safety: Check and compare information on the notice paper and identification documents; allow the violator to view the results obtained from collecting the violation behavior using technical equipment; prepare the administrative violation record and implement the handling of the violation according to regulations;

6. In cases where individuals or organizations commit violations and pay administrative fines through bank accounts, public postal services, or belong to situations such as paying fines in installments; being exempted or reduced from fines; exceeding the fine payment deadline or requiring compulsory enforcement of administrative penalties, then follow current legal provisions;

7. In cases where individuals or organizations that violate request to pay administrative fines through the National Public Service Portal or the Ministry of Public Security's Public Service Portal, the following actions shall be taken:

a) The authority responsible for imposing fines sends the penalty information to the Public Service Portal; the Public Service Portal automatically notifies the individual or organization that violated to search for information on the Administrative Violation Penalty Decision via the phone number registered with the police agency at the time of issuing the administrative violation record;

b) Individuals or organizations that violated access the Public Service Portal through the Administrative Violation Penalty Decision number notified or the administrative violation record number to search for information on the Administrative Violation Penalty Decision; pay the administrative fine, register to retrieve temporarily held documents through the public postal service;

c) The authority responsible for imposing fines searches for the electronic receipt for collecting administrative violation fines sent by the Public Service Portal system to print, retain the administrative violation penalty file, and serve as the basis for returning confiscated items, means, licenses, and practice certificates, and security deposits;

d) The authority responsible for imposing administrative penalties returns licenses and practice certificates that were temporarily held and whose suspension period has expired to individuals or organizations that violated through the public postal service; return confiscated items, means, and security deposits (if any) according to the law;

8. Monitor and statistically track the handling of administrative violations;

a) Within no more than 48 hours from the time individuals or organizations that violated have fully executed the penalty decision, the staff handling administrative violations must perform: Enter data into the software system for handling traffic order and safety violations for cases due to force majeure reasons (including cases handled without preparing a record according to Clause 4 of this Article);

b) Supplement the Statistical Book of Results Handling Administrative Violation Cases. Units and localities equipped with software systems for handling traffic order and safety violations shall conduct statistics and monitor cases on the software system for handling traffic order and safety violations.

c) Arrange files to be included in the archive according to the file retention system; store data on the computer.

Article 16. Procedure for handling results obtained through technical equipment in cases of violations where it is not possible to immediately stop the means of transport for inspection and handling of violations

1. Within ten working days from the date of discovering the violation, the authorized person to impose fines of the police agency at the location where the administrative violation was discovered shall perform:

a) Verify information about the means of transport, owner of the means of transport, organizations, individuals related to the administrative violation through the registration authority or the means of transport inspection agency and the National Population Database;

b) In cases where the owner of the means of transport, organizations, individuals related to the administrative violation do not reside or have their headquarters in the district where the police agency discovered the administrative violation, if the administrative violation falls within the jurisdiction of the Head of the Police Station to impose fines, then transfer the results obtained through technical equipment to the Police Station where the owner of the means of transport, organizations, individuals related to the administrative violation reside or have their headquarters (in accordance with Form No. 01) for resolution and handling of the violation case (when equipped with a network connection system, send electronically);

In cases where the administrative violation does not fall within the jurisdiction of the Head of the Police Station to impose fines or falls within the jurisdiction of the Head of the Police Station but the Police Station has not been equipped with a network connection system, transfer the results obtained through technical equipment to the Police Department where the owner of the means of transport, organizations, individuals related to the administrative violation reside or have their headquarters (in accordance with Form No. 01) for resolution and handling of the violation case;

In cases where the violation case is resolved and handled by the police agency that discovered the violation, immediately notify the results of resolving the case to the Police Station or Police Department that received the results obtained through technical equipment. At the same time, update the status of having resolved and handled the case on the Electronic Information Portal of the Traffic Police Corps and send a notification about the violating means of transport to the inspection agency, remove the warning status sent to the inspection agency on the software system for handling traffic safety violations for the case specified in Clause 4 of this Article;

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

b) Send a notification about the violating means of transport to the inspection agency for means of transport subject to inspection; at the same time, update the warning status sent to the inspection agency on the software system for handling traffic safety violations;

5. The transfer of results obtained through technical equipment and notifications of the results of resolving violation cases shall be carried out electronically.

Article 17. Collection and use of data (information, images) obtained from technical means provided by individuals or organizations for the purpose of detecting administrative violations

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

1. Units responsible for receiving and collecting data (information, images) include:

a) The Department of Patrol Guidance, Inspection and Crime Prevention on inland waterways, belonging to the Traffic Police Inspectorate;

b) Provincial Traffic Police Departments;

2. Units specified in Clause 1 of this Article shall be responsible for:

a) Publicly announce the location, postal address, email box, electronic information portal or website, and hotlines of the unit to allow individuals and organizations to provide such information.

b) Organizing 24/24-hour duty shifts to receive and collect data (information, images).

3. Receiving, collecting, and processing data (information, images)

The receipt, collection, and processing of data (information, images) shall be conducted in accordance with the provisions of Article 20 of Decree No. 135/2021/NĐ-CP. Upon receiving and collecting data (information, images), traffic police officers must review and classify them; if they meet the required criteria, they shall record them in the Logbook for Receiving Information and Images Reflecting Administrative Violations on Waterway Traffic Order and Safety (in Form No. 05 issued together with this Circular) and report to the head of the unit with authority to implement as follows:

a) In cases where the data (information, images) reflect ongoing waterway traffic order and safety violations on the route or area under responsibility, organize forces to stop the vehicle, control, detect, and handle the violation according to regulations. If it is not possible to stop the vehicle for inspection or the reported violation has ended, take measures to verify and handle the case 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. Verify data (information, images) and conclude the case

Based on specific requirements of each case, the authorized person handling the case shall perform:

a) Verify information about the transportation vehicle and its owner through the registration and inspection agencies of waterway vehicles, the National Population Database, and other relevant agencies or organizations; send notifications to the vehicle owner and invite the owner and driver to the police station that issued the violation notice to clarify the case (in Form No. 03 issued together with this Circular). If the vehicle owner or driver does not appear at the police station within twenty days from the date of notification, the authorized person handling the case shall send another notification to the police station at the commune level (in Form No. 03 issued together with this Circular); upon receipt of the notification, the commune-level police station shall have the responsibility to deliver it to the vehicle owner, request the owner to comply with the notification, and inform the issuing police station (in Form No. 04 issued together with this Circular);

b) Conduct verification of data (information, images) and conclude the case in accordance with the provisions of Article 21 of Decree No. 135/2021/NĐ-CP.

Article 18. Receipt of results obtained from technical means provided by organizations responsible for managing, operating, and maintaining waterway transportation infrastructure

1. The Waterway Police Unit assigned the task of patrolling and controlling along the route and area under responsibility shall cooperate with organizations responsible for managing, operating, and maintaining waterway transportation infrastructure to carry out the following tasks:

a) Cooperate in utilizing management and operation data of the organization responsible for managing, operating, and maintaining waterway transportation infrastructure to serve the work of ensuring traffic order and safety and combating criminal activities on the route in accordance with the law;

b) Receive results obtained from technical means specified in Article 22 of Decree No. 135/2021/NĐ-CP to use as a basis for identifying administrative violations and handling such violations according to the law. After receiving the results, perform the following actions:

In cases where the violating vehicle is still circulating on the route or area under responsibility, the head of the patrol and control unit with authority shall organize forces to stop the violating vehicle, inspect, and handle the violation according to the law;

In cases where the violating vehicle has moved to another route or area, the head of the patrol and control unit with authority shall conduct verification of information about the violating vehicle and its owner, issue violation notices, and handle the violation according to the provisions of this Circular.

2. When receiving results obtained from technical means provided by organizations responsible for managing, operating, and maintaining waterway transportation infrastructure, the receiving officer must sign the handover document and retain it in the administrative violation penalty file.

Article 19. Information and Reporting System

a) Every week, month, six months, and year, the Water Teams, Teams, Stations, and Public Security offices at the commune level shall report to the leadership of the Water Corps, Traffic Police Department, and Public Security offices at the district level on the situation, results of patrol, control, and administrative violation handling activities.

b) Every week, month, six months, and year, the Public Security offices at the district level shall report to the Traffic Police Department; the Traffic Police Department shall report to the Director of the Public Security office at the provincial level and the Director of the Traffic Police Corps; the Water Corps shall report to the Director of the Traffic Police Corps on the situation, results of patrol, control, and administrative violation handling activities.

2. In cases involving serious, complex incidents or those having a negative impact on political security, social order, and public safety, immediate reports must be made to the Director of the Public Security office at the provincial level and the Director of the Traffic Police Corps.

In cases where vehicle documents, certificates of professional capability, or professional qualification certificates have been temporarily seized and the enforcement period of the penalty decision has expired, within ten working days from the expiration date of the enforcement period of the penalty decision, the Water Corps Commander, Head of the Traffic Police Department, and Head of the Public Security office at the district level must notify the Traffic Police Corps, while immediately updating the information on the system for handling traffic violations of the Traffic Police Corps.

4. In cases where vehicle documents and certificates of professional capability are temporarily seized to ensure the penalty process, if the temporary seizure period expires or the statute of limitations for enforcing the penalty decision ends and the violator does not come to collect them without a valid reason, within ten working days from the end of the temporary seizure period or the statute of limitations for enforcing the penalty decision, the authorized person must transfer these documents to the issuing authority for recovery according to the law, notify the Traffic Police Corps as stipulated in Clause 3 of this Article, and inform the violator accordingly.

Chapter IV

IMPLEMENTING PROVISIONS

Article 20. Effective Date

1. This Circular takes effect from September 16, 2023.

2. This Circular replaces Circular No. 68/2020/TT-BCA dated June 19, 2020, issued by the Minister of Public Security, which regulates the procedures for patrolling, controlling, and handling administrative violations by waterway police.

3. Abolish Article 5 and Clause 15 of Article 7 of Circular No. 15/2022/TT-BCA dated April 6, 2022, issued by the Minister of Public Security, amending and supplementing some articles of Circular No. 43/2017/TT-BCA dated October 20, 2017, issued by the Minister of Public Security, regarding the procedures for issuing and revoking certificates of meeting conditions for security and order and conducting vocational examinations, issuing vocational certificates; Circular No. 45/2017/TT-BCA dated October 20, 2017, issued by the Minister of Public Security, regarding the procedures for registering stamp models, revoking and invalidating stamps, invalidating the use value of stamps, and inspecting the management and use of stamps; Circular No. 58/2020/TT-BCA dated June 16, 2020, issued by the Minister of Public Security, regarding the procedures for issuing and revoking registration and license plates for road motor vehicles; Circular No. 65/2020/TT-BCA dated June 19, 2020, issued by the Minister of Public Security, regarding the tasks, powers, forms, contents, and procedures for patrolling, controlling, and handling administrative violations related to road traffic by traffic police; Circular No. 68/2020/TT-BCA dated June 19, 2020, issued by the Minister of Public Security, regarding the procedures for patrolling, controlling, and handling administrative violations by waterway police; Circular No. 73/2021/TT-BCA dated June 29, 2021, issued by the Minister of Public Security, regarding passport models, travel documents, and related forms.

4. When the legal normative documents referred to in this Circular are amended, supplemented, or replaced by new documents, they shall be implemented according to the new provisions.

Article 21. Responsibility for Implementation

1. The Director of the Traffic Police Bureau is responsible for directing, monitoring, guiding, inspecting, and urging the implementation of this Circular.

2. Heads of units under the Ministry and Provincial Public Security Directors are responsible for enforcing this Circular.

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