Circular No. 47/2011/TT-BCA detailing the implementation of certain provisions of Decree No. 27/2010/NĐ-CP dated March 24, 2010 on mobilizing other police forces and village police to cooperate with traffic police for patrolling and controlling traffic order and safety on roads when necessary.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies in detail the forces, conditions, principles, tasks, and equipment for the forces mobilized to participate in road patrols and traffic control when necessary.

Article 2. Applicability

This Circular applies to:

1. Traffic police, rapid response police, mobile police, protective police, administrative management police for public order and social security, village police, ward police;

2. Village police, town police where regular police organizations have not been established;

3. Traffic police;

4. Organizations and individuals related to road traffic activities within the territory of the Socialist Republic of Vietnam.

Article 3. Principles of Operation

1. Comply with the provisions of Decree No. 27/2010/NĐ-CP, this Circular, and other relevant laws.

2. Ensure correct areas, routes, and times as set out in the plan; shall not arbitrarily establish traffic rules or arbitrarily stop, inspect, or obstruct people and vehicles participating in traffic.

3. Administrative violations must be handled according to the provisions of the Law on Handling Administrative Violations and the Decree on Penalties for Administrative Violations in Road Traffic.

4. Mobilizing other police forces and village police to participate in road patrols and traffic control must be done within the scope of authority and tasks and only in cases of necessity as stipulated in Articles 4, 5, and 9 of Decree No. 27/2010/NĐ-CP.

Chapter II

SPECIFIC PROVISIONS

Article 4. Forces to be mobilized

1. Traffic police, rapid response police, mobile police, protective police, administrative management police for public order and social security, village police, ward police (hereinafter collectively referred to as other police forces).

2. Village police, town police where regular police organizations have not been established (hereinafter collectively referred to as village police).

Article 5. Conditions for officers, soldiers, and village police to be mobilized

Officers, soldiers, and village police to be mobilized to cooperate with traffic police for road patrols and traffic control must be trained and familiar with the provisions of the Road Traffic Law, the Decree on Penalties for Administrative Violations in Road Traffic, and the patrol and inspection procedures for road traffic.

Article 6. Tasks of traffic police

1. Develop plans for road patrols and traffic control; specifically as follows:

a) In case the Minister of Public Security or the Director of the General Administration of Administrative Management for Public Order and Social Security decides to mobilize, the Highway Police Department under the Ministry of Public Security shall be responsible for developing the plan.

b) In case the Director of Provincial Police or Municipal Police under the Central Government decides to mobilize, the Traffic Police Department of Provincial Police or Municipal Police under the Central Government shall be responsible for developing the plan.

c) In case the Head of County Police, District Police, Town Police, or City Police under the Province decides to mobilize, the Traffic Police and Order Maintenance Team of County Police, District Police, Town Police, or City Police under the Province shall be responsible for developing the plan.

Time limit for developing the plan: Within one day from the date of receipt of the mobilization decision or plan, the units specified in points a, b, and c of Clause 1 of this Article must develop the plan and submit it for approval by the competent authority that issued the mobilization decision before implementing the plan.

Content of the plan: Must clearly specify the forces, number of personnel to be mobilized, time, area of mobilization, specific tasks of traffic police, other police forces, and village police participating in cooperation for road patrols and traffic control.

2. Direct, manage, and organize the implementation of road patrols and traffic control.

3. Impose administrative penalties within their authority.

Article 7. Tasks of other police forces and communal police

1. Deploy personnel to participate in patrols and traffic control according to the plan.

2. Statistics and report on violations of laws and road traffic accidents; results of patrols, controls, and administrative penalties for traffic order and safety according to the division of labor in the plan.

3. In cases where there is no traffic police force accompanying, other police forces and communal police shall carry out patrols and controls according to the plan approved by the competent authority.

4. Communal police forces may only patrol and control on inter-commune and inter-village roads within their jurisdiction and handle violations of traffic order and safety such as driving motorcycles and motorbikes without helmets, carrying more passengers than allowed, transporting bulky goods; parking on the road against regulations; operating vehicles at high speed, weaving, swerving, removing exhaust pipes, lacking rearview mirrors, or operating vehicles below the legal age limit; and other violations of road traffic safety zones like holding markets on the road surface, encroaching upon road traffic safety zones. It is strictly prohibited for communal police to stop vehicles and conduct inspections on national highways and provincial roads.

Article 8. Equipment and conditions to ensure the performance of patrol and traffic control tasks

1. When performing patrol and traffic control tasks, other police forces and communal police shall be equipped with professional equipment including whistles, traffic direction sticks, and administrative violation handling forms in the field of road traffic (hereinafter referred to as forms).

2. The use of professional equipment and forms must comply with regulations on the management of professional equipment and work file systems of the Public Security sector. Professional equipment and forms shall be centrally managed and securely stored at headquarters or workplaces. Heads of other police units and Communal Police Chiefs must regularly check compliance with regulations on the provision, management, and use of professional equipment and forms. In case of loss, damage, or misplacement of professional equipment or forms, immediate reports must be made to the issuing unit according to regulations.

3. Professional equipment and forms shall only be provided for task performance; once the task is completed, they must be returned to the person directly responsible for management. The handover and receipt of professional equipment and forms must be signed off and recorded in the tracking and management log.

4. Unauthorized use of professional equipment and forms is strictly prohibited; it is also forbidden to lend or use them to persons not authorized or take them home.

5. Other police forces and communal police participating in coordinated patrols and traffic controls shall be entitled to allowances as stipulated by law for forces involved in ensuring traffic order and safety.

Chapter III

IMPLEMENTATION

Article 9. Effective Date

This Circular takes effect from August 15, 2011.

Article 10. Responsibility for Implementation

1. The Director of the General Department of Administrative Management of Social Order and Safety is responsible for assisting the Ministry's leadership in inspecting and urging the implementation of this Circular.

2. Directors of Public Security Departments of provinces and centrally-administered cities are responsible for organizing the implementation and directing functional units under their jurisdiction to organize training for other police forces and communal police to thoroughly understand and strictly implement the provisions of this Circular; based on local realities, they shall equip professional equipment and forms and provide allowances for other police forces and communal police as prescribed; monthly, every six months, and annually, they shall compile and report on the implementation situation and results to the Ministry of Public Security (through the General Department of Administrative Management of Social Order and Safety).

3. Directors of General Departments, Heads of units directly under the Ministry, Directors of Public Security Departments of provinces and centrally-administered cities, and Directors of Fire Prevention and Control Departments are responsible for implementing this Circular.

During the implementation process, if any issues arise, public security units, localities, organizations, and individuals concerned shall report to the Ministry of Public Security (through the General Department of Administrative Management of Social Order and Safety) for timely guidance.