Circular No. 63/2020/TT-BCA stipulates the procedures for investigating and resolving traffic accidents on roads by traffic police forces.

CIRCULAR

Specifies the investigation and resolution procedures for road traffic accidents

by traffic police forces

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

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

Based on the Criminal Code dated November 27, 2015 (Amended Law on Amending Certain Provisions of the Criminal Code dated June 20, 2017);

Pursuant to the Criminal Procedure Code dated November 27, 2015;

Pursuant to the Law on the Organization of Criminal Investigation Agencies dated November 26, 2015;

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

Based on the Law on Expropriation of Assets dated June 3, 2008;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

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

The Minister of Public Security issues this Circular to specify the investigation and resolution procedures for road traffic accidents by traffic police forces.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies the investigation and resolution procedures for road traffic accidents (hereinafter referred to as traffic accidents) by traffic police forces.

Article 2. Applicability

1. Local public security units.

2. Officers and non-commissioned officers of traffic police forces performing tasks of investigating and resolving traffic accidents; patrolling, inspecting, and handling administrative violations related to road traffic (hereinafter collectively referred to as traffic police officers).

3. Officers and non-commissioned officers of the People's Public Security Forces who are relevant.

4. Agencies, organizations, and individuals involved in the activities of investigating and resolving traffic accidents.

Article 3. Principles of Investigating and Resolving Traffic Accidents

1. All traffic accidents that occur must be investigated and resolved promptly, timely, accurately, objectively, and comprehensively; agencies and units receiving and processing reports about traffic accidents must urgently dispatch officers to the scene to resolve them according to this Circular and other relevant laws.

2. Traffic police forces must closely cooperate with other forces within the People's Public Security when investigating and resolving traffic accidents to ensure concentration and unity under the direction of the heads of public security at all levels. Subordinate agencies, units, and individuals are subject to guidance and direction in investigative and resolution operations from their superiors; individuals are responsible before the unit head and the law for their actions and decisions.

3. It is not permissible to abuse the work of investigating and resolving traffic accidents to infringe upon the interests of the State, the rights, and legitimate interests of organizations and individuals.

Article 4. Standards for traffic police officers performing duties of investigating and resolving traffic accidents

1. Having a bachelor's degree in Security, a bachelor's degree in Police, or a bachelor's degree in law or higher. In cases where they have graduated from universities outside the Public Security sector but have completed security and police training as prescribed.

2. Having worked in the traffic police force for six months or more.

3. Having been trained and further educated in the investigation and resolution of traffic accidents.

Chapter II

SPECIFIC PROVISIONS

Section 1

ORGANIZATION OF RECEIVING REPORTS AND HANDLING INITIAL RESOLUTION

Article 5. Organization of Receiving Reports on Traffic Accidents

1. Traffic police units are responsible for receiving reports:

a) Traffic police teams; Traffic police teams and order maintenance teams of district-level public security offices, county-level public security offices, city-level public security offices directly under provinces, and city-level public security offices directly under the central government (hereinafter collectively referred to as traffic police teams of district-level public security offices);

b) Traffic police departments; Traffic police departments for roads; Traffic police departments for roads and railways of provincial-level public security offices and city-level public security offices directly under the central government (hereinafter collectively referred to as traffic police departments of provincial-level public security offices);

c) Highway Traffic Police Corps.

2. These agencies and units must organize duty shifts to fully receive reports on traffic accidents. The location for receiving reports on traffic accidents must be placed in a convenient place, marked with the name of the agency, telephone number, staffed 24/24 hours by officers, and widely announced so that everyone knows.

3. Receiving reports at the unit's headquarters

Officers receiving reports on traffic accidents must ask clearly and record in the Accident Monitoring Logbook according to Model No. 01/TNĐB issued together with this Circular the following information:

a) Name, address, and telephone number (if available) of the person reporting the incident;

b) Time of receiving the report and location where the incident occurred;

c) Initial casualties: Number of deaths, number of injuries (if applicable);

d) Information on vehicles (license plate number, type of vehicle), damage to vehicles, road traffic infrastructure, and other property (if applicable);

đ) Names, addresses, and telephone numbers of people related to or aware of the traffic accident (if applicable);

e) Other information about the traffic accident (if applicable);

g) After receiving a report on a traffic accident, the officer must immediately report to the unit's direct leadership to handle the report according to regulations.

4. Traffic police officers receiving reports while on patrol, inspection, and violation handling duties on routes and areas:

a) If they directly discover a traffic accident, they must report to their unit leader to proceed with resolution according to their authority; if it is not within their authority, they must inform the competent agency or unit to resolve it and cooperate as required;

b) Upon receiving a report of a traffic accident, they must urgently go to the scene to verify and implement according to the provisions of Clause a of this Article;

c) Discovering or receiving a report of a traffic accident must be recorded in the Patrol and Inspection Plan Book and Traffic Road Patrol and Inspection Logbook according to the content specified in Clause 3 of this Article (if applicable).

5. All traffic accidents must be reported to the district-level public security office where the accident occurred to resolve according to their authority or to cooperate when requested.

Article 6. Handling of Reports

1. The direct commanding leaders of the Traffic Police Department upon receiving reports of traffic accidents shall handle as follows:

a) If the report concerns a traffic accident occurring on a highway under their patrol, supervision, and violation handling duties, they must immediately dispatch traffic police officers to the scene to verify whether a traffic accident has occurred; if a traffic accident has occurred, they shall direct and arrange forces to participate, coordinate rescue operations, minimize losses caused by the traffic accident; protect the scene, regulate traffic flow to avoid congestion, and simultaneously warn other participating vehicles of dangers when passing through the accident site. Inform the Public Security Office of the district where the traffic accident occurred or request coordination for investigation, verification, and resolution of the traffic accident in accordance with regulations;

b) If the report concerns a traffic accident not occurring on a route under their patrol, supervision, and violation handling duties, they shall inform the duty officer of the Public Security Office of the district where the traffic accident occurred to handle the report according to regulations, and at the same time inform the duty officer of the Traffic Police Department of the provincial Public Security Office (if the traffic accident occurs on a route under the patrol, supervision, and violation handling duties of the Traffic Police Department) to perform tasks in accordance with this Circular.

2. The direct commanding leaders of the Traffic Police Department of the provincial Public Security Office upon receiving reports of traffic accidents shall handle as follows:

a) If the report concerns a traffic accident occurring on a road under their patrol, supervision, and violation handling duties, they shall implement as stipulated in point a, Clause 1 of this Article;

b) If the report concerns a traffic accident not occurring on a route under their patrol, supervision, and violation handling duties, they shall inform the duty officer of the Public Security Office of the district where the traffic accident occurred to handle the report, and at the same time inform the duty officer of the Traffic Police Department of the provincial Public Security Office (if the traffic accident occurs on a route under the patrol, supervision, and violation handling duties of the Traffic Police Department) to perform tasks in accordance with this Circular.

3. The direct commanding leaders of the Public Security Office of the district upon receiving reports of traffic accidents shall handle as follows:

a) They must immediately dispatch traffic police officers to the scene to inspect and verify the report of the traffic accident; if a traffic accident has occurred, they shall carry out the task of investigating, verifying, and resolving the traffic accident in accordance with regulations;

b) In case the traffic accident occurs on a route under the patrol, supervision, and violation handling duties of the Traffic Police Department of the provincial Public Security Office or the Traffic Police Department of the district Public Security Office, they shall inform the duty officer of the unit responsible for patrolling, supervising, and handling violations on the route where the traffic accident occurred to perform the task of investigating, verifying, and resolving the traffic accident within their authority and coordinate with the investigation, verification, and resolution of the traffic accident in accordance with regulations.

4. In cases where the traffic accident involves complex circumstances resulting in three or more deaths; causing prolonged traffic congestion across routes, areas, and provinces; causing disasters or requiring the cooperation of rescue and evacuation efforts from the Public Security Offices of multiple central cities and provinces:

a) Traffic accidents occurring on routes and areas under the patrol, supervision, and violation handling duties of the district Public Security Office must immediately report to the Director of the provincial Public Security Office (through the Planning Department and the Traffic Police Department of the provincial Public Security Office), and simultaneously report to the Ministry of Public Security (through the Traffic Police Department) for instructions on handling;

b) Traffic accidents occurring on routes under the patrol, supervision, and violation handling duties of the Traffic Police Department of the provincial Public Security Office must immediately report to the Director of the provincial Public Security Office (through the Planning Department), and simultaneously report to the Ministry of Public Security (through the Traffic Police Department) for instructions on handling;

c) The Traffic Police Department shall coordinate with the Directors of the relevant provincial Public Security Offices to unify the direction of the Traffic Police Departments of the provincial Public Security Offices and the district Public Security Offices to resolve the traffic accident in accordance with regulations.

5. In cases where the driver of the vehicle flees the scene, the traffic police officer receiving the report must report to the leadership of the unit to strengthen traffic police officers from units on routes under patrol, supervision, and violation handling duties to cooperate with the district Public Security Office where the traffic accident occurred to regulate traffic and search for the fleeing person and vehicle.

6. The Traffic Police Department of the provincial Public Security Office and the district Public Security Office upon receiving reports of traffic accidents as stipulated in Clause 4 of this Article or traffic accidents involving foreign nationals; related to public security officers, must report the incident in accordance with Circular No. 05/2019/TT-BCA dated March 12, 2019, issued by the Minister of Public Security, regarding the reporting system in the Public Security Force.

7. In cases where traffic police officers arrive at the scene of a traffic accident but the parties involved have already left the scene (no longer present), they must establish an Administrative Incident Report according to Model No. 02/TNĐB issued pursuant to this Circular.

Article 7. Initial Resolution When Traffic Police Officers on Patrol or Assigned to the Accident Scene Discover a Traffic Accident

Traffic police officers on patrol or assigned by authorized leadership to the accident scene must perform the following tasks:

1. Organize rescue and emergency response:

a) Observe the scene to identify dangers such as fire, explosion, toxic substances, risks of vehicle collapse or fall that threaten the lives of injured persons, persons still trapped in vehicles, or may endanger the investigation team, and report to the unit leader to coordinate with other forces under the Ministry of Public Security pursuant to Article 14 of Circular No. 62/2020/TT-BCA dated June 19, 2020 issued by the Minister of Public Security on the allocation of responsibilities and coordination among forces in traffic accident investigation and resolution work to organize rescue and minimize damage;

b) Determine the number of fatalities and injuries, and promptly notify the nearest medical facility to organize emergency care for victims. In cases where injured persons remain at the scene after the traffic accident, mark their positions, and if necessary, provide preliminary first aid before transporting them for emergency care; if using vehicles related to the traffic accident to transport victims for emergency care, mark the positions of the vehicles and traces on the vehicles; temporarily retain the documents of the vehicles and the drivers (if any);

c) If the relevant persons in the traffic accident have been transported for emergency care or have left the scene, assign officers to verify the identities of the victims; through doctors and medical staff providing emergency care to the victims, quickly verify the condition of the victims' bodily injuries;

d) If the victim refuses to be taken for emergency care, traffic police officers must record this fact in a protocol, with confirmation from medical personnel (if present) and witnesses;

đ) In cases where the victim has died, maintain the original position and cover the body, and do not move vehicles related to the traffic accident at the scene;

e) If vehicles involved in the traffic accident are damaged and cannot operate, notify units responsible for rescue services to arrange appropriate towing and lifting equipment to the scene according to the requirements of the officers tasked with investigating and resolving the traffic accident;

2. Protecting the scene of the traffic accident:

a) Use reflective ropes, cone-shaped markers, road closure signs, directional signs, warning signs, auxiliary signs, lights, and warning lights equipped for traffic police officers performing patrol, control, and violation handling duties to demarcate and protect the scene, ensuring safety for the investigation team, and taking measures to protect the property of victims and goods on vehicles involved in the traffic accident;

b) Deploy traffic control officers at both ends of the protected scene area, maintaining a minimum distance of 70 meters (for expressways, a minimum of 100 meters), simultaneously placing warning signs and directional signs 1 meter to 2 meters ahead of the traffic control officers to alert vehicle drivers passing through the scene to reduce speed and pay attention to avoid endangering the investigation team;

c) If there are specialized motor vehicles of traffic police equipped with sirens, priority lights, and lighting systems, park the vehicle close to the right shoulder of the road in front of the scene area in the direction of heavy traffic flow, place cone-shaped markers behind the vehicle as required, and activate the siren, priority lights, and lighting system to warn other vehicles;

3. Organizing and guiding traffic to prevent congestion:

a) If vehicles involved in the traffic accident may cause traffic congestion, mark the positions of the vehicles and traces on the vehicles, take photographs and videos of the vehicles and their positions, and quickly move the vehicles to suitable locations for protection (except in cases provided for in point đ of Clause 1 of this Article);

b) If the traffic accident has already caused traffic congestion, report to the unit leader to strengthen manpower and equipment, reroute traffic, and resolve congestion from a distance;

4. In cases where the person causing the traffic accident flees, in addition to implementing the provisions of Clauses 1, 2, and 3 of this Article, gather detailed information about the characteristics of the fleeing肇事者；查明肇事车辆的类型、颜色和车牌号（通过系统软件查询），特别是车辆的位置、车辆损失情况和逃跑方向。根据逃逸车辆的特点和留在车辆上的痕迹，组织追查肇事人和车辆，并通知沿线交警部门配合追捕。

5. Collect initial information:

a) Observe and collect evidence that is easily changed or lost, and changes affecting the scene during the organization of emergency care for victims;

b) Find the drivers and persons related to the traffic accident; check and temporarily retain the documents of the persons and vehicles related to the traffic accident;

c) Find witnesses and persons who know about the traffic accident (if any, clearly record their names, addresses, phone numbers, ID card numbers or resident identity card numbers);

d) Use technical equipment provided to traffic police forces to immediately test the blood alcohol concentration or other prohibited stimulants of the drivers related to the traffic accident at the scene, or request medical facilities to test the blood alcohol concentration of the drivers related to the traffic accident who are receiving emergency care.

đ) Reviewing and collecting electronic data through the Traffic Police's Traffic Surveillance System; requesting agencies, organizations, or individuals to cooperate in providing electronic data from the vehicle tracking devices installed on vehicles passing through the accident site or images from cameras of surrounding agencies, organizations, or individuals during the time the traffic accident occurred (if available).

6. Mobilizing and requisitioning means:

a) In cases of emergency to transport injured persons for medical treatment, apprehend criminals who fled the scene, rescue victims, provide assistance, extinguish fires, or other urgent tasks, the right to mobilize transportation means, communication means, and other means of agencies, organizations, or individuals, and those controlling or using such means shall be exercised. Mobilization shall be carried out in the form of requests or demands;

b) The requisitioning of transportation means, communication means, and other means of agencies, organizations, or individuals shall be implemented according to the decision of the competent authority and in accordance with the conditions, procedures, and formalities prescribed by the Law on Seizure and Requisition of Property and the Law on People's Public Security.

7. When performing tasks as stipulated in Clauses 1, 2, 3, 4, 5, and Clause 6 of this Article:

a) If a traffic accident is discovered with one of the following signs regarding consequences: death at the scene, death en route to medical treatment, death while being treated; severe injuries such as crushed, severed, or detached limbs, blindness in both eyes, skull fractures; three or more people suffering broken limbs or property damage valued at 100 million VND or more, then the following actions shall be taken:

For traffic police officers at the county-level public security agency, they shall report to the head of the county-level public security agency to assign traffic investigation officers to investigate and resolve the case;

For traffic police officers under the Traffic Police Department, they shall report to the department head, and for traffic police officers under the provincial-level public security agency, they shall report to the department head to transfer the case to the competent traffic investigation department of the county-level public security agency for investigation and resolution;

b) In cases where the traffic accident does not meet any of the signs specified in point a of this clause, traffic police officers shall be assigned to conduct investigations, verifications, and resolutions in accordance with the provisions of this Circular.

8. Within seven days from the date of occurrence of the traffic accident, the traffic police officer assigned to investigate and verify must regularly check information about bodily injuries, make preliminary assessments of property damage, report, and propose instructions from the leadership unit to coordinate with the competent traffic investigation department of the county-level public security agency where the accident occurred to ensure that the resolution is carried out in accordance with the provisions of this Circular and relevant laws.

Section 2

CONTENTS AND METHODS OF INVESTIGATION AND VERIFICATION OF TRAFFIC ACCIDENTS

Article 8. Contents of Investigation and Verification of Traffic Accident Circumstances

1. When conducting an investigation and verification of a traffic accident, traffic police officers have the responsibility to verify:

a) Whether there is any violation of road traffic regulations; the course of events and causes leading to the traffic accident;

b) Individuals or organizations committing violations of road traffic regulations, errors, and personal backgrounds of violators;

c) Aggravating or mitigating circumstances;

d) The nature and extent of damage caused by violations of road traffic regulations;

đ) Other circumstances significant for considering and deciding on penalties and resolving the accident;

e) Shortcomings, loopholes, and deficiencies in traffic organization, quality of traffic infrastructure; management of vehicles and drivers;

g) During the process of reviewing and making decisions on penalties, the authorized authority may request an appraisal. The request for an appraisal shall be carried out in accordance with the law on appraisal.

2. Traffic police officers assigned to the accident site to carry out investigative measures, verification, and resolution of traffic accidents must prepare an Administrative Case Report according to Model No. 02/TNĐB issued by this Circular. Within twenty-four hours from the time of preparing the Administrative Case Report, the traffic police officer responsible for preparing the report must report to the authorized leadership to issue a Decision assigning an investigator, verifier, and resolver of the traffic accident according to Model No. 03/TNĐB issued by this Circular and prepare a Plan for Investigating, Verifying, and Resolving the Traffic Accident according to Model No. 04/TNĐB issued by this Circular, which has been approved by the authorized leadership; the preparation of an Administrative Violation Report according to Model No. 43/BB-VPHC issued by Circular No. 07/2019/TT-BCA dated March 20, 2019 of the Minister of Public Security on the forms used for administrative violations within the jurisdiction of the People's Public Security (Circular No. 07/2019/TT-BCA) shall be conducted immediately upon identifying the organization or individual committing the violation.

3. Methods of investigating and verifying the circumstances of traffic accidents shall be carried out in accordance with Articles 9, 10, 11, 12, 13, 14, 15, 16, and Article 17 of this Circular.

Article 9. Examination of the Accident Scene

1. The examination of the accident scene for traffic accidents with one of the signs specified in point a, Clause 7, Article 7 of this Circular shall be carried out in accordance with the provisions of criminal procedure law.

2. The examination of the accident scene for traffic accidents without one of the signs specified in point a, Clause 7, Article 7 of this Circular shall be implemented according to Clause 3, 4, 5, 6, and Clause 7 of this Article.

3. Matters to be done before examining the accident scene:

a) Accepting tasks from the scene protection unit;

b) Determining the scope of the accident scene; the position of victims, evidence, vehicles, traces; assessing whether the scene remains intact or has been disturbed. Using cameras provided to Traffic Police to record the entire area of the scene before examination;

c) Determining the composition of the examination team:

Depending on the nature and severity of the traffic accident, invite appropriate participants such as: Criminal Technical Officers; Fire Prevention, Firefighting, Rescue and Emergency Services Police; Public Security officers from the commune, ward, town, post, station where the accident occurred; representatives of vehicle inspection units or individuals, organizations with expertise (related to the examination of motor vehicles); representatives of road management units, representatives of construction management units, representatives of technical experts related to the accident (for traffic accidents involving bridges, roads, tunnels); representatives of local authorities at the commune level where the accident occurred; representatives of enterprises (persons with specialized knowledge in valuation fields) to determine initial asset damage value; witnesses; persons with rights and obligations related to the case;

d) Assigning tasks to members participating in the examination;

đ) Selecting examination methods; determining the direction of examination appropriately; determining reference objects (landmarks), standard road edges to locate victims, evidence, vehicles, traces. Reference objects must be durable over time, easily recognizable, convenient for measuring and drawing the accident scene diagram;

e) Preparing technical equipment, tools to serve the examination of the accident scene.

4. Conducting the examination:

When conducting the examination of the accident scene, a Traffic Accident Scene Examination Record must be established according to Form No. 05/TNĐB issued under this Circular and a Traffic Accident Scene Diagram must be drawn according to Form No. 06/TNĐB issued under this Circular; the scene diagram must correspond to the accident scene examination record. The specific examination of the accident scene is as follows:

a) Observing the entire area where the traffic accident occurred to determine the positions of victims, evidence, vehicles, and traces related to the traffic accident at the scene;

b) Based on the direction of examination, landmarks at the scene to mark the sequential positions of all victims, evidence, vehicles, and traces related to the traffic accident;

c) Taking photos of the scene including: General scene photos, partial scene photos, video recording (if available); taking photos of victims, evidence, vehicles, and traces related and placing scale rulers. The scene photography must be compiled into a Scene Photo Book, arranged in order, with annotations;

d) Measuring and drawing the traffic accident scene diagram: Using consistent symbols and measurement units; showing the full traffic organization (road sign system, lane markings, roundabouts, traffic lights, and other related signaling systems) where the accident occurred; the legend must show the scale, traces, and symbols on the scene diagram;

đ) Collecting evidence, vehicles, and traces for preservation and sampling in accordance with the law. Traces that are easily changed or deformed must be collected and preserved immediately such as: Blood stains, hair, fibers, fuel, oil, other organic chemical traces.

5. Establishing the accident scene examination record

The content of the examination record must include the start and end times of the examination, location, participants in the examination; the condition of the scene before the examination, weather and lighting conditions during the examination, the examination process; specifically as follows:

a) Describing the general scene such as: The location of the accident on a one-way or two-way road; type of median strip on the road; width of the road surface, sidewalk; road signal system; type of barrier, guardrail, obstacles on the road; characteristics and shape of the road section (flat or sloping, straight or curved, obstructed or unobstructed view); road surface made of concrete, asphalt, gravel, or soil; condition of the road surface (smooth, rough, cracked, slippery);

b) Recording the numbering of the positions of victims, evidence, vehicles, and traces;

c) Recording the determination of reference objects (landmarks), standard road edges, direction of the scene examination;

d) Describing the positions and characteristics of victims, evidence, vehicles, and traces on the scene according to the numbered marks made on the scene;

đ) Recording the specific quantities of evidence, vehicles, and traces found, collected, and preserved, and comparison samples;

e) Recording the use of specialized electronic devices to measure the positions and characteristics of victims, evidence, vehicles, and traces on the scene, draw the scene, or take photos of the scene, video recording (if available).

6. Completing the examination of the accident scene:

a) Reviewing the work completed during the examination process;

b) Evaluating the traces and materials collected at the scene to determine their relevance or need to collect additional traces;

c) Approving and signing the accident scene examination record, traffic accident scene diagram.

7. After examining the accident scene, Traffic Police officers assigned to investigate, verify, and resolve the traffic accident must submit a Traffic Accident Scene Examination Result Report according to Form No. 07/TNĐB issued under this Circular and propose further investigation, verification, and resolution measures.

Article 10. Temporary detention, handling of evidence, means of transport, licenses, certificates of practice, and temporary detention of the person controlling the means of road traffic related to traffic accidents for investigation and verification according to administrative procedures

1. Temporary detention and handling of evidence, means of transport, licenses, and certificates of practice related to traffic accidents for investigation and verification according to administrative procedures shall be carried out as follows:

a) The temporary detention and handling of evidence, means of transport, licenses, and certificates of practice related to traffic accidents shall be implemented in accordance with Articles 125 and 126 of the Law on Handling Administrative Violations 2012 and other relevant laws;

b) Temporary detention of evidence, means of transport, licenses, and certificates of practice related to traffic accidents must be recorded in the Temporary Detention Record of Evidence, Means of Transport, Licenses, and Certificates of Practice according to Form No. 50/BB-TGTVPTGPCC issued pursuant to Circular No. 07/2019/TT-BCA immediately at the scene of the accident or where it was discovered. Within 24 hours, traffic police officers must report to the competent authority to issue a Decision on Temporary Detention of Evidence, Means of Transport, Licenses, and Certificates of Practice related to traffic accidents according to Form No. 18/QĐ-TGTVPTGPCC issued pursuant to Circular No. 07/2019/TT-BCA;

c) The period of temporary detention of evidence, means of transport, licenses, and certificates of practice related to traffic accidents shall not exceed seven days from the date of temporary detention. In cases involving many complex circumstances requiring further verification, traffic police officers must submit a written proposal to the competent authority according to Form No. 09A/TNĐB issued pursuant to this Circular to extend the period of temporary detention of evidence, means of transport, licenses, and certificates of practice according to Form No. 19/QĐ-KDTHTGTVPTGPCC issued pursuant to Circular No. 07/2019/TT-BCA, with the maximum extension period not exceeding twenty-three days from the end of the initial detention period;

If the traffic accident involves many complex circumstances and falls under the explanation provisions of paragraph 2, Clause 2 and Clause 3 of Article 61 of the Law on Handling Administrative Violations 2012, which require additional time for verification and collection of evidence, the authorized person resolving the traffic accident must report in writing to their direct superior according to Form 09B/TNĐB issued pursuant to this Circular to request an extension of temporary detention; such extension must be based on a Decision on Extension of Temporary Detention Period of Evidence, Means of Transport, Licenses, and Certificates of Practice according to Form No. 19/QĐ-KDTHTGTVPTGPCC issued pursuant to Circular No. 07/2019/TT-BCA, with the extension period not exceeding thirty days;

d) When returning evidence, means of transport, licenses, and certificates of practice related to traffic accidents, there must be a Decision on Returning Evidence, Means of Transport, Licenses, and Certificates of Practice related to traffic accidents according to Form No. 20/QĐ-TLTVPTGPCC issued pursuant to Circular No. 07/2019/TT-BCA, while also recording the Return Record of Evidence, Means of Transport, Licenses, and Certificates of Practice related to traffic accidents according to Form No. 60/BB-TLGTTVPT issued pursuant to Circular No. 07/2019/TT-BCA;

e) After completing the examination of the means of transport, if it is determined that the person controlling the means of transport has no fault and has not violated other legal provisions, the means of transport must be immediately returned to the owner or the person controlling the means of transport. Strictly prohibit the retention of the means of transport of parties involved in the traffic accident as a basis for resolving compensation claims;

2. Temporary detention of persons related to traffic accidents according to administrative procedures

The temporary detention of persons related to traffic accidents may only be applied in cases where immediate action is necessary to prevent disorderly conduct, causing injury to others, and must be decided by the authorized person specified in Article 123 of the Law on Handling Administrative Violations 2012.

Article 11. Inspection of traffic vehicles related to traffic accidents

1. The participants in the inspection shall be carried out according to point c, Clause 3, Article 9 of this Circular.

2. All vehicles related to the traffic accident must be inspected and a Traffic Accident Vehicle Inspection Report (Form No. 08/TNĐB issued under this Circular) must be prepared at the scene or at the temporary vehicle holding place immediately after the completion of the scene inspection. If there are multiple vehicles involved, inspections should be conducted sequentially for each vehicle, with one inspection report prepared for each vehicle.

3. Check all documents of the vehicle drivers and relevant traffic vehicle documents such as: driving license, personal identification papers (if available), vehicle registration (compare with license plate number, chassis number, engine number), technical safety inspection certificate (for types of vehicles required to have it), compulsory civil liability insurance certificate for motorized vehicles, and other documents related to the transportation business conditions of the vehicle and transported goods (if applicable).

4. Inspection of automobiles and similar vehicles shall be conducted from outside to inside, from front to back, from right to left, and from top to bottom including underneath the vehicle; scale rulers shall be placed and photographs taken, video recorded (if available). Inspect the steering system, braking system, suspension system, clutch, throttle, gear, instruments, lights, horn, mirrors, wipers, and other equipment of the vehicle, including data storage devices of the vehicle's operation and safety systems, according to the technical safety inspection contents of road motor vehicles.

5. Inspection of motorcycles and motorbikes shall be conducted externally, from front to back, from right to left, and from top to bottom; scale rulers shall be placed and photographs taken, video recorded (if available). Inspect the braking system, clutch, throttle, gear, instruments, lights, horn, mirrors, and other equipment of the vehicle.

6. The Traffic Accident Vehicle Inspection Report must clearly record: documents, characteristics of the vehicle; descriptions of traces; damage and malfunctions of the vehicle; items collected, traces, and technical equipment (such as dash cameras, vehicle tracking devices, black boxes, and other electronic data storage devices) to serve forensic work.

7. Approve and sign the Traffic Accident Vehicle Inspection Report.

Article 12. Recording statements of those who were driving vehicles related to traffic accidents

The statement recording form of those driving vehicles related to traffic accidents (Form No. 10/TNĐB issued under this Circular) must clearly record the time (hour, day, month, year), location of the report; name, position of the person preparing the report; name, address, occupation, driver’s license, and personal information of the vehicle driver; time and location of the accident, traffic density; position of the vehicle on the road, direction of movement, speed, technical maneuvers; health condition and awareness of the vehicle driver before the accident and their handling before, during, and after the accident.

Article 13. Recording statements of victims and other persons involved in the traffic accident

1. The statement recording form of victims and other persons involved in the traffic accident (Form No. 10/TNĐB issued under this Circular) must clearly record the time and location of the report; name, position of the person preparing the report; name, address, occupation, and personal information of the victim and other persons involved; time and location of the accident, traffic density; statements of the victim and other persons involved. The content of the statements must clarify the course of events, causes of the accident, and injuries caused by the accident.

2. In cases where there are seriously injured persons or potential fatalities, statements must be recorded immediately; short and clear questions should be asked. If the victim due to serious injury cannot speak, a record noting that fact must be made.

Article 14. Recording statements of witnesses

1. The statement recording form of witnesses (Form No. 10/TNĐB issued under this Circular) must clearly record the time and location of the report; name, position of the person preparing the report; name, address, occupation, and personal information of the witness; time and location of the accident, traffic density; the content of the statement must clarify the following issues:

a) The relationship between the witness and the parties involved in the traffic accident;

b) The position, distance between the witness and the location of the accident, weather, lighting when the accident occurred, how they became aware of the traffic accident;

c) The direction of movement of the parties involved in the traffic accident (persons and vehicles);

d) The section of the road and speed, handling actions of the vehicle driver before, during, and after the traffic accident;

đ) The positions of evidence, vehicles, and people after the traffic accident, whether these positions were changed, if changed, who did it, why, and how it was changed;

e) The external manifestation of the psychological state of the person causing the accident (influence of alcohol, beer, or other strong stimulants, health condition);

g) Other factors related to the traffic accident that they know about, who else knows about the traffic accident that occurred.

2. When necessary, organize for the witness to reenact the event to verify the objectivity and authenticity of the statement.

3. In cases where statements from witnesses cannot be recorded immediately at the scene, traffic police officers must record information about the witness's place of residence, workplace, place of study, and contact phone number (if available). They must then visit the witness's residence or workplace, or invite the witness to the police station for a statement. For individuals under 18 years old, when taking statements, they must invite the guardian (parent, legal representative, teacher, or principal) of the individual to participate and sign the record.

4. In cases involving multiple witnesses in traffic accidents, statements from witnesses with sufficient grounds for verification must be selected. If initial verification determines that there are no witnesses, traffic police officers must report to the competent authority.

Article 15. Other activities to collect materials related to traffic accidents

In addition to implementing the provisions of Articles 9, 10, 11, 12, 13, 14, and Article 16 of this Circular, depending on the nature and severity of each traffic accident, during the investigation, verification, and resolution process, the following activities must be carried out:

1. Examining marks on the bodies of victims:

a) Examination of marks on the bodies of victims must be conducted with the victim's consent and meticulously recorded; described in detail in the Record of Marks on Victims' Bodies according to Model 11/TNĐB issued by this Circular. Mark the location of injuries on the Diagram of Marks on Victims' Bodies according to Model 12/TNĐB issued by this Circular, take photographs of injury marks. If the victim is female, a female officer must be involved in examining the injury marks and there must be a witness of the same gender;

b) If the victim is taken to emergency care, collect certificates of injury, medical records of treatment due to the accident, or results of requests for forensic assessment of bodily injury ratios;

c) If the victim does not go to emergency care but requests a forensic assessment of bodily injury ratios, implement the provisions of point a of this clause and report to the competent authority to request or propose relevant agencies to conduct the assessment according to the law;

2. Determining technical indicators of bridges and roads related to traffic accidents:

a) The composition of participants in determining technical indicators of bridges and roads shall be carried out according to point c, Clause 3, Article 9 of this Circular;

b) Determining technical indicators of bridges:

Measure the length, width of the bridge surface; the length of the span, number of spans, number of bridge piers compared to technical standards of the bridge;

Describe and record the road signal system: Traffic lights; signs, lane markings, guideposts on the bridge and both ends of the bridge;

Describe and record cracks, breaks, damages on the bridge where the accident occurred;

Examine and check marks left on the bridge surface and bridge railings due to the accident;

c) Determining technical indicators of roads:

Determine the radius of curvature, superelevation, longitudinal slope of the road section;

Determine the minimum vertical visibility (if there is a large longitudinal slope), horizontal visibility;

Some actual technical indicators compared to the design of the road;

Record traces left on the road by the accident;

d) The determination of technical indicators of bridges and roads must be documented according to Model 13/TNĐB issued by this Circular.

3. Inspecting and verifying vehicles, vehicle drivers; passengers, transported goods, and related documents:

a) Inspect and verify violations of traffic laws (especially causing traffic accidents) by vehicles and vehicle drivers;

b) Inspect and verify driver's licenses, professional certificates, identity cards of vehicle drivers, vehicle registration certificates, safety and technical inspection certificates, environmental protection certificates, and other documents related to the business conditions of the vehicle; passengers, transported goods on the vehicle. Whether these documents have been altered, erased, or issued by authorized agencies;

c) The inspection and verification of vehicles, vehicle drivers; passengers, transported goods, load capacity according to regulations on the vehicle and related documents must involve representatives from enterprises or institutions (individuals with expertise in valuation fields) to determine the value of property damage, while documenting the Inspection Record according to Model 44/BB-XM issued by Circular No. 07/2019/TT-BCA.

4. Reconstructing the accident scene:

a) During the investigation and verification of traffic accidents, if there is evidence that the scene has been disturbed, fabricated, or if it is deemed necessary for the investigation, verification, and resolution of the traffic accident, reconstruct the accident scene for investigation and verification. Reconstruction of the scene must be planned and decided by the competent authority;

b) Content of scene reconstruction includes re-establishing the positions of victims, objects, vehicles, and marks left at the scene, reviewing situations, behaviors, and circumstances at the time of the accident; measuring and redrawing the diagram of the scene; taking photos for comparison;

c) At the conclusion of scene reconstruction, a Record of Scene Reconstruction Inspection and a diagram of the reconstructed accident scene must be established; all participants in the reconstruction must sign and clearly write their names on the record and diagram.

Article 16. Expert Appraisal

1. In cases where it is necessary to appraise the degree of bodily injury of the victim, assess property damage, examine traces; appraise technical expertise of vehicles, bridges, roads, ferries, traffic organizations, and the quality of transportation works directly related to the traffic accident for the basis of resolving the traffic accident in accordance with the provisions of the law, the traffic police officers assigned the task of investigating, verifying, and resolving the traffic accident must report to the competent authority leader to issue a Decision requesting expert appraisal according to Model No. 37/QĐ-TCGĐ issued pursuant to Circular No. 07/2019/TT-BCA to request and propose the competent agency to conduct the appraisal and assess property value in accordance with the provisions of the law.

2. In cases where there are no signs of criminal offenses in the traffic accident and the victim refuses to undergo disability appraisal or property assessment, a record must be made clearly stating the reasons for refusal, confirmed by them or a witness.

Article 17. Reviewing the Results of Investigation, Verification, and Resolution of Traffic Accidents

Traffic police officers, while performing tasks as prescribed in Articles 9, 10, 11, 12, 13, 14, 15, and Article 16 of this Circular, if they determine:

1. The traffic accident does not have signs of criminal offenses, they must report the results and propose the resolution of the traffic accident according to Model No. 09A/TNĐB issued pursuant to this Circular to the competent authority leader to issue a Notice on the results of investigation, verification, and resolution of the traffic accident according to Model No. 14/TNĐB issued pursuant to this Circular. The resolution of the traffic accident shall be carried out in accordance with Article 19 of this Circular.

2. The traffic accident has signs of criminal offenses:

a) Traffic police officers under the Public Security Department at the district level must report to the Head of the Public Security Department at the district level to transfer the case file, evidence, objects, and means of the traffic accident to the General Investigation Team for reception and investigation, resolution;

b) Traffic police officers under the Traffic Police Corps must report to the Director, and traffic police officers under the Traffic Police Department of the Public Security Department at the provincial level must report to the Head of the Department to direct the investigation and resolution of the traffic accident in accordance with Article 20 of this Circular.

3. In cases where it is discovered that the incident was caused intentionally by an individual or organization to harm the lives, health, or property of others or to conceal other criminal acts, traffic police officers must report to their unit leaders to transfer the case file, evidence, and means of the traffic accident to the competent Criminal Investigation Agency for investigation and resolution.

Section 3

RESOLUTION OF TRAFFIC ACCIDENTS

Article 18. Time Limit for Investigation, Verification, and Resolution of Traffic Accidents

For traffic accidents without signs of criminal offenses, the time limit for investigation, verification, and resolution is as follows:

1. Upon receiving information about a traffic accident, traffic police must conduct investigation, verification, and resolution within seven days; in cases where the traffic accident has many complex circumstances requiring further verification, the period may be extended but not exceeding thirty days from the date of receipt of information about the traffic accident. If expert appraisal is required or additional time is needed to verify and collect evidence, the person with authority must report in writing to their immediate superior to request an extension; the extension must be in writing, and the extension period shall not exceed thirty days.

2. Upon completion of the investigation and verification period, the traffic police force must issue a Notice on the results of investigation, verification, and resolution of the traffic accident according to Model No. 14/TNĐB issued pursuant to this Circular and proceed to handle it in accordance with administrative law regulations.

Article 19. Handling traffic accidents through administrative procedures

Based on the investigation and verification files and materials, traffic police officers report to authorized leaders to handle traffic accidents as follows:

1. Invite the parties involved or their lawful representatives to the unit's office to inform them of the investigation and verification results (concluding the cause, course of the traffic accident, identifying the fault of those involved in the traffic accident, and the form of administrative violation handling), while preparing the Traffic Accident Resolution Record according to Model No. 15/TNDB issued under this Circular. Prepare the Administrative Violation Record (if applicable) in accordance with the Law on Handling Administrative Violations.

If one of the parties involved in the traffic accident is absent for a legitimate reason, a record must be made noting the absence and scheduling a time for resolution.

2. Report to authorized leaders to issue an administrative penalty decision (if applicable).

3. Allow the parties involved in the traffic accident to resolve civil compensation claims at the agency or unit's office.

In cases where the parties involved in the traffic accident cannot reach an agreement on civil compensation, a record must be made, and they should be guided to contact the competent court to resolve the matter through civil litigation procedures.

After completing the investigation, verification, and handling of the traffic accident, the traffic police officer in charge must complete the file and report to the unit leader to conclude the investigation, verification, and handling of the traffic accident; implement statistical and reporting systems for road traffic accidents, and store the file in accordance with the regulations of the Ministry of Public Security and relevant laws.

5. For traffic accidents handled and resolved by the Investigative Agency but later decided not to initiate criminal proceedings, revoke the decision to initiate criminal proceedings, suspend the investigation, or terminate the case, if there are signs of administrative violations, the traffic accident files, objects, and means shall be transferred to the traffic police agency for administrative violation handling. The assigned traffic police officer must report to the authorized person to follow the provisions of Article 63 of the Law on Handling Administrative Violations 2012 and comply with the provisions of Clauses 1, 2, 3, and 4 of this Article.

6. Upon concluding the investigation, verification, and handling of the traffic accident, if the agency or unit handling the traffic accident identifies any shortcomings or deficiencies in state management of traffic infrastructure, traffic organization, driver management, or vehicle management, it must submit a recommendation letter to the management authority or the main industry to take corrective measures.

Article 20. Handling traffic accidents discovered with criminal indications according to the functions of the agency tasked with conducting certain investigative activities

1. During the process of investigating, verifying, and handling traffic accidents, if criminal indications are found, the traffic police officers assigned to investigate, verify, and handle traffic accidents under the Traffic Police Department must report to the Director of the Department, and the traffic police officers assigned to investigate and handle traffic accidents under the Provincial Traffic Police Department must report to the Head of the Department so that the Director and the Head can issue a decision to initiate criminal proceedings and perform investigative duties and powers according to Article 38 of the Law on Organization of Criminal Investigation Agencies 2015 and Article 40 of the Criminal Procedure Code 2015.

2. The traffic accident file is transferred to the Criminal Investigation Agency:

a) Certain documents for agencies tasked with conducting certain investigative activities issued according to Circular No. 61/2017/TT-BCA dated December 14, 2017, by the Minister of Public Security regarding criminal investigation forms and documents (Circular No. 61/2017/TT-BCA);

b) Record of traffic accident scene examination; Diagram of the traffic accident scene; Scene photo; Moving image storage device (if available);

c) Vehicle examination record; Temporary detention of evidence and means record; Decision on temporary detention of evidence and means; Documents of the vehicle operator, vehicle, and goods on the vehicle (if available);

d) Record of statements from persons involved in the traffic accident including: Record of statements from the vehicle operator; Record of statements from the injured party; Record of statements from other persons involved in the traffic accident; Record of statements from witnesses and those who know about the incident;

đ) Record of traces on the body of the injured party; Diagram of the location of injuries on the body of the injured party; Record of reconstructing the traffic accident scene (if available);

e) Materials proving personal and property damage; Other related materials (if available);

g) Evidence, means, and objects related to the traffic accident (if available);

h) Handover record of the case file according to Model No. 219 of Circular No. 61/2017/TT-BCA.

Article 21. Documents to be provided to insurance enterprises

1. When an insurance enterprise submits a letter requesting or a letter introducing its staff to contact with the police agency or unit handling the investigation, verification, and resolution of traffic accidents for the purpose of copying documents to serve the settlement of rights and interests related to traffic accidents involving insurance, based on their assigned functions, tasks, and authority, the leadership of the agency or unit handling the investigation, verification, and resolution of traffic accidents shall be responsible for providing documents (photocopies stamped with an official seal confirming the authenticity of the original, with confirmation from the leadership of the agency or unit) in accordance with the provisions of the law.

2. The provision of documents to insurance enterprises must be recorded in the form of resolution in the Traffic Accident Record Book according to Form No. 01/TNĐB issued under this Circular and there must be a Document Provision Form for Insurance Enterprises according to Form No. 16/TNĐB issued under this Circular.

Article 22. Updating Information on Traffic Accidents into the Traffic Accident Database System

1. Traffic Police must record all traffic accidents occurring on the routes and areas assigned for patrol, supervision, and violation handling in the Traffic Accident Record Book and update information on traffic accidents into the Traffic Accident Database System as follows:

a) Within twelve hours, immediately update initial information about the traffic accident into the Traffic Accident Database System including: time, location of the accident, number of deaths, number of injuries;

b) During the process of investigating, verifying, and resolving traffic accidents, traffic police officers continue to amend and update additional information about vehicles involved in the traffic accident such as: license plate number, brand name, model number, inspection certification number, inspection validity period, vehicle owner; information about the driver, pedestrian, and victim: full name, date of birth, gender, nationality, occupation, address, driver's license number, validity period, driver's license category, injury status, alcohol, beer, drug, and other stimulants prohibited by law; investigation results, conclusion on the cause of the accident, and other relevant information;

c) For county-level Public Security agencies that have not yet implemented the Traffic Accident Database System, they must send complete information about the traffic accident in writing to the Provincial Traffic Police Department for entry into the system. The Provincial Traffic Police Department has the responsibility to urge the county-level Public Security agency to provide complete information about the traffic accident for entry into the Traffic Accident Database System.

2. Once all information in the traffic accident has been fully entered, the traffic police officer sends a request for final approval. The leadership of the agency or unit reviews and approves the information entered to finalize the traffic accident file in the Traffic Accident Database System or does not approve and requests the traffic police officer to correct the information accurately compared to the collected files and documents during the investigation, verification, and resolution of the traffic accident.

3. For traffic accidents occurring on the routes and areas assigned for patrol, supervision, and violation handling by the traffic police agency but handled and resolved by the Criminal Investigation Agency, the traffic police agency responsible for the route and area has the responsibility to closely cooperate with the Criminal Investigation Agency from the scene examination until the end of the investigation; receiving the results of the investigation and resolution of the traffic accident by the Criminal Investigation Agency (information about related vehicles, information about the driver, victim, pedestrian, Decision to initiate criminal proceedings, indictment, Investigation Conclusion or some related documents) to enter complete information into the Traffic Accident Database System.

4. If the traffic accident file in the Traffic Accident Database System contains errors in information and requires deletion or unlocking (for completed approved files), the traffic police officer reports to the leadership of the agency or unit to submit a request for deletion or unlocking to the General Traffic Police Department for consideration of deletion or unlocking.

5. Within seven days from the date of completion of the investigation, verification, and resolution of the traffic accident, the agencies and units must complete the entry of all information about the traffic accident into the Traffic Accident Database System.

Article 23. Inspection of traffic accident investigation and resolution work

The inspection of traffic accident investigation and resolution work shall be carried out in accordance with this Circular and Circular No. 28/2019/TT-BCA dated August 20, 2019, issued by the Minister of Public Security on inspection of work within the People's Police.

Article 24. Forms to be used in traffic accident investigation, verification, and resolution work by traffic police forces

1. The Traffic Police Corps and Provincial Traffic Police Departments shall use certain forms prescribed in Circular No. 61/2017/TT-BCA when conducting investigations, verifications, and resolutions of traffic accidents that reveal criminal signs, including:

a) Decision on assigning deputy officers or investigators for the initiation and investigation of criminal cases (Form No. 91);

b) Decision on changing deputy officers for the initiation and investigation of criminal cases (Form No. 92);

c) Decision on changing investigators for the investigation of criminal cases (Form No. 93);

d) Decision on changing decisions/orders of deputy officers for the initiation and investigation of criminal cases (Form No. 94);

đ) Decision on revoking decisions/orders of deputy officers for the initiation and investigation of criminal cases (Form No. 95);

e) Decision on delegating authority to deputy officers when the head officer is absent (Form No. 96);

g) Decision on initiating criminal cases (Form No. 97);

h) Record of handover/receipt of case files (Form No. 219);

2. In administrative procedures for investigating and resolving traffic accidents, the following forms prescribed in Circular No. 07/2019/TT-BCA shall be applied, including:

a) Decision on granting administrative penalty enforcement power (Form No. 30/QĐ-GQXP);

b) Record of verifying administrative violation circumstances (Form No. 44/BB-XM);

c) Administrative violation record (Form No. 43/BB-VPHC);

d) Decision on administrative penalty (Form No. 02/QĐ-XPHC);

đ) Record of temporarily holding items, vehicles, licenses, and professional certificates under administrative procedures (Form No. 50/BB-TGTVPTGPCC);

e) Decision on temporarily holding items, vehicles, licenses, and professional certificates under administrative procedures (Form No. 18/QĐ-TGTVPTGPCC);

g) Decision on extending the temporary holding period of items, vehicles, licenses, and professional certificates under administrative procedures (Form No. 19/QĐ-KDTHTGTVPTGPCC);

h) Decision on returning items, vehicles, licenses, and professional certificates under administrative procedures (Form No. 20/QĐ-TLTVPTGPCC);

i) Record of returning documents, items, and vehicles seized due to administrative violations to their owners, managers, or lawful users (Form No. 60/BB-TLGTTVPT);

k) Decision on temporarily holding individuals under administrative procedures (Form No. 15/QĐ-TGN);

l) Decision on extending the temporary holding period of individuals under administrative procedures (Form No. 16/QĐ-KDTHTGN);

m) Decision on requesting forensic examination (Form No. 37/QĐ-TCGĐ).

3. The following forms are attached to this Circular:

a) Traffic accident tracking book (Form No. 01/TNĐB);

b) Administrative case record (Form No. 02/TNĐB);

c) Decision on assigning investigators, verifiers, and resolvers of traffic accidents (Form No. 03/TNĐB);

d) Investigation, verification, and resolution plan for traffic accidents (Form No. 04/TNĐB);

đ) Record of inspecting the scene of road traffic accidents (Form No. 05/TNĐB);

e) Diagram of the scene of road traffic accidents (Form No. 06/TNĐB);

g) Report on the results of inspecting the scene of traffic accidents (Form No. 07/TNĐB);

h) Record of inspecting related vehicles in traffic accidents (Form No. 08/TNĐB);

i) Report proposing solutions for traffic accidents (Form No. 09A/TNĐB);

k) Report proposing extension of temporary holding of related vehicles in traffic accidents (Form No. 09B/TNĐB);

l) Record of statements (Form No. 10/TNĐB).

m) Record of noting traces on the bodies of victims (Form No. 11/TNĐB);

n) Diagram of positions and injuries on the bodies of victims (Form No. 12/TNĐB);

o) Record of determining technical criteria of bridges and roads related to traffic accidents (Form No. 13/TNĐB);

p) Notification of investigation and verification results of traffic accidents (Form No. 14/TNĐB);

q) Record of resolving traffic accidents (Form No. 15/TNĐB);

r) Form for providing documents (documents in the traffic accident file) to insurance companies (Form No. 16/TNĐB);

Section 4

SOME SPECIFIC SITUATIONS

IN THE INVESTIGATION AND RESOLUTION OF TRAFFIC ACCIDENTS

Article 25. Cases involving traffic accidents related to persons and road transport vehicles from foreign countries

1. When a traffic accident involving persons and road transport vehicles from foreign countries occurs, this Chapter of the Circular shall be implemented; at the same time, Decree No. 01/TTLN-KS-NV-TP-NG dated September 8, 1988 of the Supreme People's Procuracy, the Ministry of Home Affairs (now the Ministry of Public Security), the Ministry of Justice, and the Ministry of Foreign Affairs guiding the investigation and handling of violations of road traffic laws caused by persons and foreign transport vehicles, or international treaties or agreements to which Vietnam is a party, or other provisions shall be applied.

2. When public security organs conduct investigations, verifications, and preliminary resolutions of traffic accidents according to the law and this Circular, they must determine the legal status of foreign persons, the legal regime of the offending vehicle, injured persons, and property damage, along with other related issues. The public security organ has the right to request the person causing the accident to present necessary identification documents and sign the investigation and verification records at the scene; if they refuse to sign, it must be noted in the record and witnessed by someone; simultaneously, continue to carry out investigative measures, verifications, and resolution of traffic accidents as follows:

a) Persons with diplomatic status as defined in the Ordinance on privileges and immunities for diplomatic missions, consular posts, and representative offices of international organizations in Vietnam, their statements as witnesses can only be taken with their clear consent. If such requests are refused, it must also be clearly recorded in the record;

b) For foreign persons without diplomatic status (experts, businesspeople, students, interns, tourists in Vietnam, and other foreign persons participating in activities within Vietnam) involved in traffic accidents, the investigation and resolution shall be conducted as for Vietnamese citizens. However, if temporary detention is required, it must be reported to the authority responsible for deciding on temporary detention under Article 123 of the Law on Handling Administrative Violations 2012 for coordination with the foreign affairs agency to resolve the matter uniformly;

Taking statements from foreign persons shall be carried out according to normal procedures at the public security organ's office. Foreign persons may choose their own interpreter, or the public security organ may invite an interpreter. In cases where a diplomat or consul agrees to act as a witness, the taking of statements or verification of their statements may be conducted at a convenient location agreed upon by them.

Article 26. Traffic Accidents Involving Persons and Vehicles of the People's Army

1. For traffic accidents immediately identified as not having criminal indications, involving persons and vehicles of the People's Army, traffic police forces shall investigate and resolve them, while coordinating with relevant military units managing personnel and vehicles involved in the traffic accident to handle administrative violations according to this Circular and related laws.

2. For traffic accidents, after initial investigation and verification, if there are signs of crimes within the jurisdiction of military courts as stipulated in Article 272 of the Criminal Procedure Code 2015, traffic police forces shall hand over all case files, documents, and related vehicles to the competent military criminal investigation agency for resolution and make copies of the files for monitoring. After handing over to the military criminal investigation agency, the traffic police force shall continue to cooperate as requested by the military criminal investigation agency.

Article 27. Traffic accidents involving fires or explosions of road transport vehicles

When traffic vehicles catch fire or explode, the traffic police must immediately notify the fire prevention, firefighting, rescue, and assistance services at the accident site to handle the situation; simultaneously organize traffic diversion and prohibit people and vehicles from entering the area with fire or explosion. The traffic police have the responsibility to cooperate and maintain traffic order at the accident scene.

Article 29. Traffic accidents leading to public disorderly conduct

1\. In cases where traffic accidents involve relatives of the victims or agitators demanding compensation or assaulting the person responsible for the accident, obstructing traffic to a degree that is not severe, the authorities should proactively explain, differentiate the targets, disperse the crowd to prevent complications.

2\. In cases where serious acts of disorder occur, reports must be made to unit leadership to request support from local authorities and other forces; simultaneously protect the accident scene, vehicles, and drivers; ensure the safety of personnel and continue to monitor the situation to serve investigative and resolution efforts.

Article 30. Effective date and transitional provisions

2\. This Circular replaces Circular No. 77/2012/TT-BCA dated December 28, 2012, issued by the Minister of Public Security, which stipulates the procedures for investigating and resolving road traffic accidents handled by road traffic police.

Chapter III

IMPLEMENTATION

3\. For traffic accidents occurring before January 1, 2021, the provisions of Circular No. 77/2012/TT-BCA shall apply.

1. This Circular takes effect from January 1, 2021.

Article 31.

3\. During the implementation of this Circular, if there are difficulties or obstacles, local public security units shall report to the Ministry of Public Security (through the Highway Police Department) for timely guidance.

Article 31. Responsibility for Implementation

1. THE DIRECTOR OF THE TRAFFIC POLICE CORPS IS RESPONSIBLE FOR MONITORING, GUIDING, INSPECTING, AND URGING THE IMPLEMENTATION OF THIS CIRCULAR.

2. Heads of units under the Ministry of Public Security, Provincial Police Chiefs, Chief of Police of centrally-administered cities have the responsibility to implement this Circular.

3. During the implementation of this Circular, if there are difficulties or obstacles, the police units and localities shall report to the Ministry of Public Security (through the Traffic Police Corps) for timely guidance./.