Circular No. 54/2022/TT-BCA stipulates the procedures for the patrol and control activities of the Mobile Police Force.

CIRCULAR

Regulations on the patrol and control activities of Mobile Police

 

Pursuant to the Law on People's Police dated November 20, 2018;

Pursuant to the Law on Mobile Police dated June 14, 2022;

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. 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 Commander of Mobile Police;

The Minister of Public Security hereby promulgates this Circular stipulating the procedures for the patrol and control activities of Mobile Police.

Chapter I GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Circular prescribes the authority to mobilize and assign patrol and control duties; tasks, powers, objects, forms, procedures for patrols and controls, handling violations of laws on security and public order, and equipping weapons, explosives, support tools, means, and technical equipment in patrol and control activities of Mobile Police.

Article 2. The patrol and control activities of Mobile Police when mobilized to cooperate with Traffic Police in patrolling and controlling traffic order and safety are not within the scope of regulation of this Circular.

Article 2. Applicability

This Circular applies to officers, non-commissioned officers, and soldiers of Mobile Police; reserve combat police officers and soldiers (hereinafter collectively referred to as officers and soldiers) when performing patrol and control activities; local public security units and related agencies, organizations, and individuals.

Article 3. Principles of patrol and control activities

Clause 1. Comply with the provisions of this Circular, other relevant laws, and the Regulations of the People's Public Security; implement according to plans and schemes approved by competent authorities.

Clause 2. Timely detect, prevent, and handle acts of law violation; proactively suppress persons obstructing or resisting public officials in the performance of their duties in accordance with the law.

Clause 3. Officers and soldiers of Mobile Police must wear uniforms, police insignia, flags, ranks, badges, identification cards, and other prescribed items when performing patrol and control activities in accordance with the law and regulations of the Ministry of Public Security.

Clause 4. Officers and soldiers of Mobile Police are entitled to receive allowances when participating in patrol and control activities.

Clause 5. When interacting with the people and those who violate laws on security and public order, they must have appropriate demeanor, attitude, and cultural behavior.

Clause 6. Strictly prohibit the abuse of patrol and control activities to harass, inconvenience the people, infringe upon the interests of the State, lawful rights and interests of organizations and individuals, or engage in other illegal acts.

Chapter II

SPECIFIC PROVISIONS

Section 1

AUTHORITY TO MOBILIZE AND ASSIGN PATROL AND CONTROL DUTIES

Article 4. Authority to Mobilize

The authority to mobilize Mobile Police to perform patrol and control activities shall be carried out in accordance with Article 20 of the Law on Mobile Police.

Article 5. Responsibilities of the Mobile Police Command

Clause 1. Guide, inspect, and urge the Mobile Police force to carry out patrol and control activities nationwide.

Clause 2. Organize the Mobile Police Command force to conduct independent patrols and controls or take the lead and coordinate with local public security units to organize patrol and control activities in complex areas, regions, targets, and routes regarding security and public order, or during important political events if necessary.

Clause 3. Assist the Minister of Public Security in deploying the Mobile Police force to perform patrol and control activities in complex areas, regions, targets, and routes regarding security and public order, or during important political events. Issue plans and schemes for patrol and control activities nationwide within its authority or submit them to competent authorities for issuance.

Article 6. Responsibilities of the Provincial Police Force, Municipality under Central Government

1. The Director of the Provincial Police Force, Municipality under Central Government (hereinafter referred to collectively as the Provincial Police Force) shall be responsible for:

a) Directing the Mobile Police Force under their authority to carry out patrol and control activities within the management area;

b) Assigning and organizing patrol and control activities of the Mobile Police Force under their authority.

2. The Protective Police Department, the Mobile Police Regiment of the Municipal Police Force of Hanoi, Ho Chi Minh City, and the Mobile Police Department of the Provincial Police Force shall be responsible for:

a) Advising the Director of the Provincial Police Force to decide on the deployment of Mobile Police units under their authority to organize patrol and control activities and handle violations of the law within their jurisdiction;

b) Deploying forces and organizing patrol and control activities and handling violations of the law as prescribed;

c) Taking the lead and coordinating with the County Police Force to implement patrol and control activities in areas, regions, targets, and routes that are complex in terms of security and public order, or during important political events.

Section 2

TASKS AND POWERS OF THE MOBILE POLICE FORCE WHEN IMPLEMENTING PATROL AND CONTROL ACTIVITIES

Article 7. Tasks

1. Strictly executing the directives and instructions from superiors and the patrol and control plans and schemes approved by the competent authorities.

2. Ensuring security and public order within the patrol and control areas, regions, targets, and routes; promptly detecting, preventing, and handling or proposing competent authorities to handle violations of the law strictly and justly.

3. Cooperating with specialized units of the People's Public Security and local police forces to combat crime and other violations of the law within the assigned patrol and control areas, regions, targets, and routes.

4. Reporting and proposing to the competent authorities to request relevant agencies and organizations to take timely measures to address weaknesses and shortcomings in state management of security and public order.

5. Guiding, propagandizing, and mobilizing the people to participate in ensuring security and public order and complying with laws on security and public order.

6. Performing other tasks as prescribed by law and the Ministry of Public Security.

Article 8. Powers

1. Inspecting and controlling persons, means of transport, objects, and documents as stipulated in Clause 4, Article 12 of the Law on Mobile Police.

2. Detecting, preventing, and handling violations of the law within their jurisdiction.

3. Mobilizing civilian personnel, means of transport, and equipment of agencies, organizations, and individuals as prescribed in Article 16 of the Law on Mobile Police.

4. Using weapons, explosives, support tools, means of transport, and technical equipment for professional purposes in accordance with the law and regulations of the Ministry of Public Security.

5. Exercising other powers as prescribed by law and the Ministry of Public Security.

Section 3

OBJECTS AND FORMS OF PATROL AND CONTROL

Article 9. Objects of Patrol and Control

1. Objects of patrol include: Areas, regions, targets, and routes assigned.

2. Objects of control include: Persons, means of transport, objects, and documents.

Article 10. Open Patrol and Control

1. Open patrol and control includes:

a) Mobile combat patrol and control;

b) Control at points and checkpoints within the patrol and control areas, regions, targets, and routes.

2. In cases where control is conducted at a single point or checkpoint, there must be a plan and scheme approved by the competent authority.

3. When conducting open patrol and control, uniforms, police insignia, flags, badges, emblems, and People's Public Security identification cards must be used as prescribed; using means of transport or walking to patrol and control within the assigned areas, regions, targets, and routes; using weapons, explosives, support tools, means of transport, and technical equipment for professional purposes in accordance with the law and regulations of the Ministry of Public Security.

Article 11. Public patrol and control combined with undercover operations

1. Public patrol and control combined with undercover operations shall be carried out in the following cases:

a) To serve the work of combating criminal activities and other violations of the law when required;

b) When there are complex developments concerning security and public order.

2. The Commander of Mobile Police Force and the Director of Provincial Police shall decide on the implementation of public patrol and control combined with undercover operations.

3. The implementation of public patrol and control combined with undercover operations must have a plan and scheme for patrol and control approved by the Commander of Mobile Police Force and the Director of Provincial Police. During patrol and control, officers disguised (in civilian clothes) must be deployed to monitor the situation, promptly detect, combat, and prevent violations of laws related to security and public order within the assigned areas, targets, routes, and regions. Upon discovering any violation of the law, they must immediately inform the public patrol and control team to proceed with inspection and handling according to the law.

Section 4

PROCEDURE FOR PATROL AND CONTROL

Article 12. Surveying the Area

Before conducting patrol and control activities, the Mobile Police Unit must conduct surveys, grasp the situation, collect information and materials about the area, region, target, route, and develop plans and schemes for patrol and control.

Article 13. Building and Approving Plans and Schemes for Patrol and Control

1. Building and Approving Plans for Patrol and Control

a) Mobile Police Units under the Command of the Mobile Police Force at the battalion level or higher, responsible for implementing patrols and controls to protect targets, independent patrol and control plans, or joint patrol and control plans with local police units in complex areas, regions, targets, and routes regarding security and public order as directed by authorized persons or when necessary.

b) Mobile Police Units of Provincial Police responsible for implementing patrol and control activities, responsible for building regular patrol and control plans, specialized patrol and control plans, or plans during high-intensity periods.

c) The patrol and control plan includes the following basic contents: Purpose and requirements; time and scope; tasks, measures, and methods of implementation; command work, task assignment, and coordination among forces; guarantee conditions.

d) The Minister of Public Security shall approve the patrol and control plans built by the Mobile Police Force Command when necessary in complex areas, regions, targets, and routes regarding security and public order or when significant political events related to the management scope of multiple units and regions occur;

đ) The Commander of Mobile Police Force decides and approves the patrol and control plans built by subordinate units. For joint patrol and control plans proposed by local police units within the battalion-level regions under the responsibility of the regiment, brigade, and training center, these plans must be developed and reported to the Commander of Mobile Police Force for decision and approval;

e) The Director of Provincial Police decides and approves the patrol and control plans built by the Protective Police Department, Mobile Police Regiment, and Mobile Police Department of Provincial Police;

g) The immediate superior authority head shall approve the patrol and control plans developed by subordinate levels.

2. Building and Approving Schemes for Patrol and Control shall be carried out in accordance with the regulations of the Minister of Public Security.

3. The management and use of patrol and control plans and schemes shall be implemented in accordance with the law and regulations of the Ministry of Public Security.

Article 14. Mobilization for patrol and control duties

1. Based on the actual situation and the patrol and control plan and scheme, the Head of the Mobile Police Unit shall assign the Shift Leader, Team Leader, the number of officers and soldiers in each team, weapons, explosives, support tools, means, and technical equipment to carry out patrols and controls.

2. The Shift Leader for patrols and controls shall be a Company-level commander or higher, responsible for performing the tasks stipulated in Article 7 of this Circular and shall have the responsibility to:

a) Assign personnel, check the number of personnel, weapons, explosives, support tools, means, and technical equipment, and delegate tasks to officers and soldiers in the patrol shift;

b) Inspect preparations before undertaking the mission; issue orders to move to the designated areas, regions, targets, and routes according to the plan and scheme;

c) Receive and handle information from patrol and control teams about situations occurring during patrols and controls, and report to the competent authority when complex situations arise.

3. The Team Leader of the patrol and control team shall be a People's Public Security officer, responsible for performing the tasks stipulated in Article 7 of this Circular and shall have the responsibility to:

a) Brief officers and soldiers on the patrol and control plan and scheme, posture, etiquette, conduct, and code of conduct;

b) Urge officers and soldiers to prepare for patrols and controls, armaments, explosives, support tools, means, and technical equipment, and concentrate according to the Shift Leader's command;

c) Monitor the situation, command, and manage the tasks of the patrol and control team according to the designated areas, regions, targets, and routes, and assign positions and tasks to each officer and soldier; supervise and handle violations within their authority;

d) Maintain communication with officers and soldiers, the Shift Leader for patrols and controls, and related agencies when necessary; promptly report to the Shift Leader in case of sudden and complex incidents;

e) Record the patrol and control logbook; the handover logbook of weapons, explosives, support tools, means, and technical equipment as prescribed in Article 17 of this Circular; compile the situation and report the results of the patrol and control shift.

Article 15. Inspection and Control of Persons, Means, Objects, and Documents

1. The Mobile Police shall inspect and control persons, means, objects, and documents in cases prescribed in Clause 4, Article 12 of the Law on Mobile Police.

2. The handling of cases under Clause 1 of this Article shall be carried out in accordance with Articles 19 and 20 of this Circular.

Article 16. Orders for Conducting Inspections and Controls

1. The orders for conducting inspections and controls by the Mobile Police shall be implemented through the following forms:

a) Hand signals, baton commands;

b) Whistles, handheld radios, and loudspeakers mounted on patrol vehicles used when patrolling and controlling traffic;

c) Signal lights, signs, barriers, or barricades used when patrolling and controlling in complex areas, regions, targets, and routes concerning security and public order.

2. Officers and soldiers conducting patrols and controls must choose positions and forms of issuing orders for inspections and controls that ensure safe distances and openly display inspection and control orders in accordance with the provisions of the law.

Article 17. Recording patrol and control logs; weapon, explosive material, support tool, technical equipment handover logs

1. Upon completion of each violation case, it must be immediately recorded in the patrol and control logbook.

2. The summary logbook shall be recorded in chronological order, including: Time (hours, minutes, date); location (position, place name, area, zone, target, route); content of inspection and control; measures taken: Warning, decision to impose administrative warning penalty, fine (number), record established (number), application of preventive measures, other measures.

3. Weapon, explosive material, support tool, technical equipment handover logs shall be recorded in chronological order, location, quantity, condition, and signed by both the handing over and receiving parties.

Article 18. Conclusion of patrol and control activities

1. At the end of each patrol and control shift, the patrol team leader must compile and report on the work results and the handling of violations related to security and public order during the shift.

2. The patrol team leader must check all documents, weapons, explosive materials, support tools, technical equipment, and hand them over to the unit according to regulations.

3. Summarize the situation related to the patrol and control areas, zones, targets, and routes.

4. Store documents about patrol and control activities in accordance with the law and the Ministry of Public Security's regulations.

Section 5

HANDLING VIOLATIONS

Article 19. Handling Violations During Patrol and Control Activities

1. When discovering violations of laws on security and public order, patrol and control officers must immediately stop the violation and inform the violator.

2. In cases where the violation is an administrative offense within their authority to penalize, patrol and control officers shall issue an administrative penalty decision; if it is outside their authority, they shall prepare a record, apply necessary preventive measures, and promptly transfer it to the competent authority for handling in accordance with the law on administrative offenses.

3. In cases where a crime is discovered in flagrante delicto or a person wanted by the police is found, patrol and control officers must stop the violation, apprehend the suspect, render the violation ineffective, and immediately report to the competent authority for resolution in accordance with the law.

4. In cases where a person subject to search is discovered, patrol and control officers must record information about that person (physical characteristics, clothing, means of transportation, and other features), while reporting to the Shift Leader to coordinate with the issuing authority or the local police station to handle the matter in accordance with the law.

5. In cases where property, documents, or items subject to search are discovered, patrol and control officers must secure the scene or record information about those items, while reporting to the Shift Leader to coordinate with the issuing authority or the local police station to handle the matter in accordance with the law.

Article 20. Application of Preventive Measures Against Violations of Laws on Security and Public Order

1. In cases where immediate preventive measures against violations of laws on security and public order are required to ensure the effective handling of such violations, patrol and control officers have the responsibility to apply preventive measures in accordance with the law. The application of preventive measures must comply with the authority, object, procedure, and process stipulated by the law.

2. In cases where the violator resists law enforcement, preventive measures prescribed in Article 14 of Decree No. 208/2013/NĐ-CP dated December 17, 2013 of the Government on preventive, blocking, and handling measures against resistance to law enforcement shall be applied.

Article 21. Handling and addressing administrative violations at the unit's premises

1. Organizations handling violations of laws on security and public order:

a) Mobile Police units under local police agencies have the authority to handle violations of laws on security and public order, shall arrange mobile police officers and locations for handling violations in accordance with the provisions of the law and the Ministry of Public Security;

b) The location for handling violations of laws on security and public order shall be arranged in a convenient position, with suitable area, solemn atmosphere, seating for persons coming to settle matters; posting diagrams indicating the working place, schedule for receiving citizens; nameplates of officers performing duties; telephone numbers; rules for receiving citizens; suggestion boxes and contents of some related documents concerning the handling of violations of laws on security and public order.

3. Procedure for handling violations of laws on security and public order at the unit's premises shall be carried out as follows:

a) Receiving the administrative violation record from the violator and comparing it with the violation file (in case the administrative violation record is lost, detailed information about the violator must be compared with the violation file); not resolving cases involving intermediaries (except when authorized according to the law) or outside the designated location for handling administrative violations of the unit;

b) Informing the form, level of penalty, preventive measures, and other measures;

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) Returning seized items, means of transportation, and documents to the violator or owner of the seized items or representative of the organization violating administrative regulations recorded in the decision on temporary seizure of items and means of transportation in violation of administrative regulations in accordance with the law. If the individuals or organizations mentioned above authorize others to collect the seized items, means of transportation, and documents, they must provide a power of attorney in accordance with the law. When returning seized items, means of transportation, and occupational licenses, certificates, decisions must be issued and a record made in accordance with the law;

e) In cases where individuals or organizations that violate the law pay administrative fines through bank accounts, postal services, the National Public Service Portal, or the Ministry of Public Security Public Service Portal, such actions shall be carried out in accordance with current laws and regulations of the Ministry of Public Security.

Chapter 6

WEAPONS, EXPLOSIVE MATERIALS, SUPPORT TOOLS, MEANS OF TRANSPORTATION, AND TECHNICAL EQUIPMENT IN PATROLLING AND INSPECTION

Article 22. Weapons, explosive materials, support tools, means of transportation, and technical equipment

1. Weapons, support tools, and explosive materials equipped for Mobile Police units.

2. Means of transportation include: cars, motorcycles, special vehicles, various types of ships, helicopters, and other means of transportation installed with priority signal lights and sirens, which are entitled to priority according to the law. Both sides of cars, special vehicles, various types of ships, and helicopters patrolling shall bear reflective insignia of the Mobile Police force; both sides of the fuel tank or the rear side of the motorcycle patrol shall bear reflective insignia of the Mobile Police force.

3. Technical equipment includes:

a) Film cameras; photography and recording devices;

b) Flashlights;

c) Two-way radios;

d) Other technical equipment and communication devices as prescribed by the Ministry of Public Security.

Article 23. Use of weapons, explosives, auxiliary tools, means, and technical equipment

Clause 1. Flashlights and sirens may be used continuously in the following cases:

a) Mobile combat patrol and control;

Point b) Controlling at a checkpoint within a key area or region; along complex routes or targets concerning security and public order, or during significant political events.

Clause 2. When using weapons, explosives, auxiliary tools, means, and technical equipment as prescribed in Article 22 of this Circular, it must be carried out in accordance with the provisions of the law on the use of weapons, explosives, auxiliary tools, means, and technical equipment.

Chapter III

IMPLEMENTING PROVISIONS

Article 24. Effective Date

Clause 1. This Circular takes effect from January 1, 2023, replacing Circular No. 58/2015/TT-BCA dated November 3, 2015, issued by the Minister of Public Security regarding patrol and control activities to ensure security, public order, and social safety for the Mobile Police Force.

Clause 2. In cases where the referenced documents in this Circular are replaced or amended, they shall be implemented according to the replacement or amended documents.

Article 25. Responsibilities for Implementation

Clause 1. The Commandant of the Mobile Police Force shall be responsible for:

Point a) Directing, guiding, and inspecting the implementation of this Circular;

Point b) Unifying the types of forms used in patrol and control activities; compiling training materials for patrol and control operations and handling violations of laws on security and public order for the Mobile Police Force;

Point c) Organizing training, guidance, inspection, and evaluation of the results of training in patrol and control operations and handling violations of laws on security and public order for subordinate units and leaders and commanders of Mobile Police Force units nationwide.

Clause 2. The Director of the provincial police force shall be responsible for:

Point a) Organizing training in patrol and control operations and handling violations of laws on security and public order for police officers under their jurisdiction according to the training materials compiled by the Commandant of the Mobile Police Force;

Point b) Directing and organizing the implementation of patrol and control activities and handling violations of laws on security and public order as stipulated by law and this Circular;

Point c) Directing the timely coordination and provision of conditions for the Mobile Police Force to effectively carry out patrol and control activities and handle violations of laws on security and public order.

Clause 3. Heads of subordinate units of Ministries, Directors of Provincial Public Security Departments, Directors, and Principals of Public Security Academies and Schools are responsible for implementing this Circular./.