Circular No. 40/2015/TT-BCA on the use of technical equipment in the People's Public Security Forces for detecting administrative violations related to traffic order and safety and environmental protection.

 CIRCULAR

Regulations on the use of technical equipment in the People's Public Security for detecting administrative violations related to traffic order, safety, and environmental protection
In the People's Public Security for detecting administrative violations related to traffic order, safety, and environmental protection
Based on Decree No. 165/2013/NĐ-CP dated November 12, 2013, stipulating the management, use, and list of technical equipment used to detect administrative violations related to traffic order, safety, and environmental protection;

Pursuant to the Law on Handling Administrative Offenses 2012;

Based on Decree No. 106/2014/NĐ-CP dated November 17, 2014, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security

The Minister of Public Security issues this Circular regulating the use;

At the proposal of the Director of the General Police Department;

in the People's Public Security for detecting administrative violations related to traffic order, safety, and environmental protection. and other technical equipment; This Circular regulates the use, inspection, calibration, and list of technical equipment that must be inspected and calibrated before being used to detect administrative violations related to traffic order, safety, and environmental protection in the People's Public Security.

Article 1. Scope of Regulation

1. Officers, non-commissioned officers, and soldiers of Traffic Police and Environmental Crime Prevention Police.

Article 2. Applicability

3. Organizations and individuals related to the use of technical equipment for detecting administrative violations related to traffic order, safety, and environmental protection in the People's Public Security.

2. Public security units and localities.

Article 3. Use of Technical Equipment

Units assigned to use technical equipment used to detect administrative violations related to traffic order, safety, and environmental protection (hereinafter referred to as technical equipment) shall comply with the provisions of the Law on Handling Administrative Violations, Decree No. 165/2013/NĐ-CP dated November 12, 2013, stipulating the management, use, and list of technical equipment used to detect administrative violations related to traffic order, safety, and environmental protection, and the regulations of the Ministry of Public Security on managing and using assets, equipment, and technical operations in the People's Public Security.

Article 4. Inspection and Calibration of Technical Equipment

1. The inspection of technical equipment shall be carried out in accordance with the provisions of Circular No. 23/2013/TT-BKHCN dated September 26, 2013, issued by the Minister of Science and Technology regarding measurement for group 2 measuring instruments.

2. The calibration of technical equipment shall be carried out in accordance with the provisions of the Measurement Law, Decree No. 86/2012/NĐ-CP dated October 19, 2012, detailing and guiding the implementation of certain articles of the Measurement Law, Circular No. 24/2013/TT-BKHCN dated September 30, 2013, issued by the Minister of Science and Technology regarding activities of inspection, calibration, and testing of measuring instruments, measurement standards, and other relevant regulatory legal documents.

3. Technical equipment must be inspected before being put into use, including:

a) Speed measurement devices with image recording;

b) Weighing scales for checking the load capacity of motor vehicles;

c) Devices for measuring air particulate matter concentration;

d) Devices for measuring alcohol concentration in breath;

đ) Devices for measuring exhaust gas concentration from motor vehicles;

g) Vibration measurement devices.

g) Exhaust gas concentration measuring devices;

4. Technical equipment must be calibrated before being put into use, including:

b) Tire pressure measurement devices for motor vehicles;

b) Sound level meters;

c) Tire tread height measurement devices for motor vehicles;

d) Brake efficiency measurement devices for motor vehicles;

đ) Sound level measurement devices;

e) Light intensity measurement devices;

g) Steering wheel angle vibration measurement devices for motor vehicles;

h) Leveling rods;

i) Height measurement devices for coupling hooks;

k) Wheelbase measurement devices;

l) Wheel diameter measurement devices;

m) Rim flange thickness measurement devices;

n) Stopwatches;

o) Axle load measurement devices for railway cars;

p) Water depth measurement devices;

q) Rapid air quality measurement devices;

r) Rapid water quality measurement devices;

s) Microwave radiation measurement devices;

t) Radiation measurement devices;

u) Electromagnetic field measurement devices;

v) Microclimate measurement devices;

x) Flow velocity measurement devices.

5. For technical equipment not covered by Clauses 3 and 4 of this Article, they must ensure quality, standards, and technical regulations in accordance with the laws on product quality and technical standards before being put into use, including:

a) Drug detection devices;

b) Audio and video recording devices;

c) Satellite positioning devices;

d) Chemical marking devices;

đ) Data extraction devices from vehicle tracking systems;

e) Fake document detection devices;

g) Gas analysis devices;

h) Water and liquid analysis devices;

i) Soil analysis devices;

k) Solid material analysis devices;

l) Microbiological factor analysis devices;

m) Environmental sample collection devices;

n) Environmental sample preservation devices;

o) Mobile environmental inspection stations;

p) Surveying devices;

q) Automatic air and wastewater monitoring devices.

This Circular takes effect from October 15, 2015. Any previous regulations contrary to this Circular are hereby abolished.

Article 5. Effective Date

1. The General Department of Police and the Traffic Police Corps are responsible for guiding, urging, and inspecting the implementation of this Circular.

Article 6. Responsibility for Implementation

2. Directors of the General Departments, heads of units under the Ministry, provincial and municipal public security chiefs, fire prevention and firefighting police chiefs, and related organizations and individuals are responsible for implementing this Circular.

During the implementation process, if there are difficulties or obstacles, local public security units, organizations, and individuals concerned should report to the Ministry of Public Security (through the General Department of Police) for timely guidance.

During implementation, if difficulties or obstacles arise, public security units at all levels, localities, organizations, and individuals concerned shall report to the Ministry of Public Security (through the Criminal Police General Department) for timely guidance.