Circular No. 63/2024/TT-BCA on traffic inspection, supervision, and handling of violations in the railway transportation sector by Traffic Police

CIRCULAR

(vi) Agreement on the amount of reserve left behind and the deadline for selling the purchased cash foreign currency to the authorized credit institution. inspection, supervision, and handling of violations of law

in the railway traffic sector by Traffic Police

Pursuant to the Railway Law dated June 16, 2017;

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

Pursuant to the Law XAdministrative Offenseintention vi Handling Law dated June 20, 2012"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;June 2024;Decree No. 100/2019/ND-CPdated December 30, 2019 of the Government stipulating administrative penalties for violations in the road and railway traffic sectors; Decree No. 123/2021/ND-CP dated December 28, 2021 of the Government

Pursuant to Decree No.amending and supplementing oneprovision of the Decrees stipulating administrative penalties for violations in the maritime, road, and railway traffic sectors; civil aviation; Pursuant to Decree No. 135/2021/ND-CP dated December 31, 2021 of the Government stipulating the list, management, and use of technical equipment and procedures for collecting and using data obtained from such equipment provided by individuals and organizations to detect administrative violations;numberThe Minister of Public Security promulgates this Circular stipulating

Pursuant to Decree No. 118/2021/NĐ-CP dated December 23, 2021, issued by the Government, detailing certain provisions and measures to implement the Law on Handling Administrative Violations;

inspection, supervision, and handling of violations of law

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;

This Circular stipulates principles, tasks, powers, uniforms, equipment, technical devices, weapons, auxiliary tools, contents, procedures for inspection, supervision, and handling of violations of law in the railway traffic sector by Traffic Police. in the military Article 1. Officers and non-commissioned officers of Traffic Police (hereinafter referred to as Traffic Police officers) performing inspection, supervision, and handling of violations of law in the railway traffic sector (hereinafter referred to as inspection, supervision, and handling of violations); other forces in the People's Public Security related to the task. Law in the railway traffic sector by Traffic Police.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 2. Agencies, organizations, and individuals related to the activities of inspection, supervision, and handling of violations of law in the railway traffic sector by Traffic Police.

Article 2. Applicability

This Circular applies to:

Article 3. Principles of inspection, supervision, and handling of violations of law in the railway traffic sector

2. Public security units and localities.

1. Comply with the provisions of the Railway Law 2017, the Administrative Violation Handling Law 2012 (amended and supplemented in 2020), this Circular, and other relevant laws.

2. Perform assigned tasks fully and properly according to regulations and inspection plans approved by competent authorities; ensure democracy in traffic safety assurance work; rules of conduct and Regulations of the People's Public Security.

3. Timely detect, prevent, and handle violations of law in the railway traffic sector and other violations of law according to prescribed procedures, formalities, and authority.

TASKS, POWERS, UNIFORMS, EQUIPMENT OF TRAFFIC POLICE; CONTENTS AND PROCEDURES FOR INSPECTION, SUPERVISION, AND HANDLING OF VIOLATIONS OF LAW IN THE RAILWAY TRAFFIC SECTOR

TASKS AND POWERS OF TRAFFIC POLICE IN INSPECTION AND SUPERVISION OF RAILWAY TRAFFIC

Chapter II

Article 4. Tasks of Traffic Police in inspection and supervision of railway traffic

Section 1

1. Implement orders and plans for inspection, supervision, and handling of violations issued by competent authorities.

2. Inspect, supervise, and handle violations, ensuring security, order, and safety of railway traffic within the assigned route and area.

3. Timely detect, prevent, and handle violations of law in the railway traffic sector and other violations of law, ensuring security and order as prescribed; cooperate with relevant agencies and units to detect and prevent acts violating railway construction protection regulations and railway traffic safety zones.

4. Cooperate in investigating, verifying, and resolving railway traffic accidents in accordance with the law and regulations of the Ministry of Public Security.

5. Directly or cooperatively with units inside and outside the People's Public Security force combat crime and other violations of law on railway routes. Participate in anti-terrorism, anti-protest disturbances; disease prevention, disaster response; fire prevention, firefighting, rescue operations on railway routes as prescribed.

6. Cooperate with relevant agencies, organizations, and individuals to organize security, order, and safety in railway operations.

7. Assist and support railway traffic participants when necessary.

8. Through inspection, supervision, and handling of violations, perform the following tasks:

a) Identify weaknesses, deficiencies, and inadequacies in state management of railway operations to report and propose timely measures to competent authorities to address them;

b) Guide, publicize, and mobilize the people to participate in maintaining railway traffic order and compliance with railway traffic laws.

9. Perform other tasks of the People's Public Security force as prescribed by law.

b) Guide, publicize, and mobilize the people to participate in ensuring railway traffic order and safety, and comply with laws on railway traffic.

9. Perform other tasks of the People's Public Security force as prescribed by law.

Article 5. Powers of Traffic Police in inspecting and controlling railway traffic

1. Inspect and control persons and means of transport related to railway traffic activities in accordance with the Railway Law 2017 and relevant laws.

2. Apply measures to prevent and handle administrative violations in the field of railway traffic, other acts violating the law, and ensure security and public order as prescribed.

3. In urgent cases to protect national security, ensure social order and safety, or to prevent ongoing or potential harmful consequences to society, traffic police officers performing inspection and control tasks may mobilize means of transport and communication equipment of agencies, organizations, individuals, and those operating such means of transport according to the People's Public Security Law 2018 (amended and supplemented in 2023). Mobilization shall be carried out directly or through written requests.

4. Be equipped and use road traffic means; technical equipment; weapons and support tools; communication means; other technical means as prescribed by the Administrative Violations Handling Law 2012 (amended and supplemented in 2020); the Weapons, Explosives, and Support Tools Management and Use Law 2024; other relevant legal provisions and regulations of the Ministry of Public Security.

5. Exercise other powers of the People's Public Security Force as prescribed by law.

Section 2

UNIFORMS, EQUIPMENT AND WEAPONS, SUPPORT TOOLS OF TRAFFIC POLICE WHEN INSPECTING AND CONTROLLING RAILWAY TRAFFIC

Article 6. Uniforms of Traffic Police when inspecting and controlling railway traffic

1. When performing inspection and control tasks, traffic police officers shall wear police uniforms and cross belts as prescribed. In cases where inspection and control are conducted through technical equipment, a part of traffic police officers may wear civilian clothes.

2. Tasks of traffic police officers wearing civilian clothes

a) Operate and use technical equipment, monitor traffic order and safety, detect violations of laws in the field of railway traffic and other violations of the law. Upon detecting a violation, they must immediately inform the visible inspection and control team (wearing police uniforms) to proceed with inspection, control, and handling of the violation;

b) In cases where serious violations concerning railway traffic, security, and public order are detected, which, if not promptly prevented, will cause dangerous consequences for society, damage to the property of agencies, organizations, individuals, and harm to the lives and health of traffic participants, they may use their People's Public Security Identity Card to inform and mobilize the public to cooperate and immediately prevent the violation; report and coordinate with the visible inspection and control team, related forces to resolve the issue at the location of the violation or bring the violator to the nearest public security agency for resolution.

Article 7. Equipping traffic control vehicles, technical equipment, weapons, and support tools

Clause 1. Traffic control vehicles to be equipped include: Cars, motorcycles; specialized vehicles with installed sirens and warning lights according to the provisions of the law and as follows:

Point a) Cars: Both sides of the car body have reflective material letters "CẢNH SÁT GIAO THÔNG" with letter size 10cm x 10cm, stroke width 03cm, evenly distributed on both sides of the car body; both front door sides have reflective material letters "TRAFFIC POLICE" with maximum letter size two-thirds that of "CẢNH SÁT GIAO THÔNG" and a traffic police badge between the words "TRAFFIC" and "POLICE". Depending on the type of vehicle, the paint color of the vehicle will be arranged with appropriate spacing between letters, white or blue letter colors for balance and suitability.

Point b) Motorcycles: Both sides of the fuel tank or both sides of the motorcycle frame or both sides of the luggage compartment, above has reflective material letters "C.S.G.T", below has reflective material letters "TRAFFIC POLICE" with maximum letter size two-thirds that of "C.S.G.T". Depending on the type of vehicle and paint color, the letter size, spacing between letters, white or blue letter colors will be arranged for balance and suitability.

Point c) Specialized vehicles: Both sides of the cargo bed or vehicle frame have reflective material letters "CẢNH SÁT GIAO THÔNG" with letter size 10cm x 10cm, stroke width 03cm; both front door sides have reflective material letters "TRAFFIC POLICE" with maximum letter size two-thirds that of "CẢNH SÁT GIAO THÔNG" and a traffic police badge between the words "TRAFFIC" and "POLICE". Depending on the type of vehicle and paint color, the spacing between letters, white or blue letter colors will be arranged for balance and suitability.

Clause 2. Weapons and support tools to be equipped include: Guns, pepper spray, electric batons, bulletproof vests, handcuffs, traffic command sticks.

Clause 3. Technical equipment to be equipped and used according to the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020), Decree No. 135/2021/NĐ-CP dated December 31, 2021 of the Government stipulating the list, management, and use of technical equipment and procedures for collecting and using data obtained from technical equipment provided by individuals and organizations to detect administrative violations (hereinafter referred to as Decree No. 135/2021/NĐ-CP) and standards and quotas prescribed by the Ministry of Public Security.

Clause 4. Communication devices include: Radios, telephones, fax machines, computers, printers.

Clause 5. Horns, loudspeakers, barriers, cone-shaped posts, warning signs, ropes, lighting lamps (if necessary).

Clause 6. Other technical equipment, weapons, and support tools are equipped according to the provisions of the law and the Ministry of Public Security.

Section 3

CONTENT, PROCEDURE FOR INSPECTION AND CONTROL OF RAILWAY TRAFFIC

Article 8. Issuing plans for inspection, control, and handling of violations in railway traffic

Clause 1. The Director of the Traffic Police Department advises the Minister of Public Security to issue plans or directly issues plans for inspection, control, and handling of violations in railway traffic nationwide.

Clause 2. The Director of Provincial Police Departments (hereinafter referred to as the Provincial Police Director) issues plans for inspection, control, and handling of violations in railway traffic within the provincial administrative boundaries.

Clause 5. Local police units that have been equipped with databases for managing inspection activities implement the construction, approval, and storage of plans in electronic environments.

Article 9. Implementation of plans for inspection, supervision, and handling of violations in the field of railway traffic

1. Team Leader of Traffic Police Team: Before implementing the plan, the Team Leader must disseminate and ensure understanding among team members regarding the content of the plan and related matters; check the preparation work for inspection, supervision, and handling of violations; take attendance; inspect uniforms; People's Public Security identification cards (when officers are dressed in civilian clothes); People's Public Security commands; road traffic vehicles; technical equipment; weapons and auxiliary tools; relevant forms and other technical means; reiterate the positions, tasks of each team member; issue orders to commence tasks when all conditions are fully met according to requirements and safety standards.

2. Team Member: Master the content of the plan, tasks, and communication methods; proactively prepare for work as assigned by the Team Leader.

3. Road traffic vehicles; technical equipment; weapons and auxiliary tools provided to the Traffic Police Team must be managed and used in accordance with regulations; they must be specifically recorded in the Logbook for Handover and Use of Road Traffic Vehicles; Technical Equipment; Weapons and Auxiliary Tools (in the format prescribed by the Ministry of Public Security).

Article 10. Conducting Inspection and Supervision of Railway Traffic

1. When inspecting and supervising participants in railway traffic, railway staff directly serving train operations, and traffic police officers assigned to inspect and supervise shall act as follows:

a) Perform salutes according to the People's Public Security Commands (except in cases where it is known that the person is committing an act indicative of a crime, committing a crime on the spot, or being sought for arrest). When interacting with individuals who have violated the law, traffic police officers must maintain proper posture, etiquette, demeanor, and appropriate conduct.

b) Inform the inspected and supervised individual of the reasons for inspection and supervision; request presentation of relevant documents as required for inspection and supervision. If the inspected and supervised individual presents paper documents, directly inspect and compare these documents and conduct information searches related to these documents in administrative violation processing databases concerning traffic order and safety, or other databases; if the inspected and supervised individual presents information from electronic identity cards or electronic identity accounts integrated and updated in the National Identity Application, managed by the Ministry of Public Security, then conduct inspections and supervision through this information in the electronic identity card, electronic identity account in the National Identity Application, and such information has the same effect as direct document inspection.

2. Conduct inspections and supervision according to the contents stipulated in Article 11 of this Circular.

3. Upon completion of inspection and supervision, traffic police officers report the results to the Team Leader; inform the inspected and supervised individual and related parties about the results of inspection and supervision, any violations committed (if any), and measures taken.

4. If there is evidence suggesting that participants in traffic, transport vehicles, or objects carry concealed items, means, or materials used for administrative violations, they may be searched according to the provisions of the law on handling administrative violations.

5. In cases where criminal indications are discovered, actions shall be taken in accordance with the provisions of the Criminal Procedure Law.

Article 11. Contents of inspection and supervision of railway traffic

The contents of inspection and supervision shall be carried out in accordance with the provisions of the Railway Law 2017; Decree No. 100/2019/NĐ-CP dated December 30, 2019 of the Government on administrative penalties for violations in the field of road and railway traffic; Decree No. 123/2021/NĐ-CP dated December 28, 2021 of the Government amending and supplementing certain articles of decrees on administrative penalties in the fields of maritime transport; road and railway traffic; civil aviation; and the following provisions:

1. Inspection and supervision of compliance with regulations on signals and traffic rules for railway traffic.

2. Inspection and supervision of compliance with regulations on protecting railway infrastructure.

3. Inspection and supervision of conditions for railway vehicles to participate in traffic, information guidance, equipment serving passengers, safety devices on railway vehicles.

4. Inspection and supervision of conditions prescribed for railway staff directly serving train operations when working.

5. Inspection and supervision of compliance with regulations on ensuring railway traffic safety by railway staff when performing assigned duties and responsibilities.

6. Inspection and supervision of compliance with traffic rules at intersections where roads cross at the same level with railways, shared road bridges with railways, railway tunnels, and within the scope of railway traffic safety zones.

7. Inspection and supervision of compliance with regulations on ensuring security, order, and safety in railway traffic on various railway lines by organizations and individuals.

8. Inspection and supervision of compliance with regulations on passenger and baggage transportation, cargo transportation on railways; compliance with regulations on load capacity, transportation of oversized and overweight goods.

Article 12. Discovery of administrative violations through technical means and equipment

1. Traffic police officers use technical means and equipment to detect and collect acts of violation of laws in the field of railway traffic.

2. The results collected by technical means and equipment are photographs, images, printed forms, measurement indices, data stored in the memory of technical means and equipment; they are compiled, listed, printed as photographic or recorded evidence of violations and stored in the administrative violation case file in accordance with the law and the Ministry of Public Security's regulations on record keeping.

3. When technical means and equipment detect and collect information and images about acts of violation of laws in the field of railway traffic, the authorized penalty enforcement authority shall act as follows:

a) Organize inspection, supervision, and handling of violations in accordance with the regulations. In cases where the violator requests to view the information, images, and collected results of the violation, the Traffic Police Unit allows viewing at the inspection and supervision site; if there is no information, images, or results at the inspection and supervision site, guide the violator to view them when they come to handle the violation at the unit's headquarters;

b) In cases where inspection, supervision, and handling of violations cannot be carried out, implement according to the provisions of Article 18 of this Circular.

Article 13. Handling violations; coordinating investigations and resolving railway traffic accidents during inspections and supervision

1. When discovering administrative violations during inspections and supervision within their management domain, officers on duty must promptly compel the cessation of such violations, prepare administrative violation records, impose administrative penalties according to their authority, or transfer cases to competent authorities for penalty imposition as prescribed.

2. In cases where it is necessary to promptly prevent administrative violations or ensure the handling of administrative violations, the Traffic Police Team Leader shall consider and decide according to their authority or report to the competent authority to apply preventive measures and ensure the handling of administrative violations in accordance with the law on handling administrative violations; if necessary, they may request relevant functional forces to cooperate in implementation. The decision to apply preventive measures and ensure the handling of administrative violations must not affect train operations.

3. Where related documents concerning persons and transportation means have been integrated and updated in electronic identification cards, electronic identity accounts on the National Identification Application, databases managed by the Ministry of Public Security, when applying temporary detention measures for documents, the authorized person temporarily detaining the documents shall implement electronic temporary detention, update information about the temporary detention of those documents into the database for handling administrative violations, and synchronize with the National Identification Application so that violators can be informed and comply with laws on railway traffic order and safety, serving the inspection, supervision, and handling of violations by competent functional forces. Various types of records and decisions made by the authorized person regarding temporary detention and return of documents shall be carried out according to prescribed forms and may be prepared and sent electronically through the National Identification Application, other applications, and electronic information systems when technical conditions permit.

4. Administrative violation records are established using pre-printed forms or based on the administrative violation handling database; violators are requested to provide contact phone numbers (if available) to receive penalty information through the National Public Service Portal, the Ministry of Public Security Public Service Portal (hereinafter referred to as the National Public Service Portal). The delivery of administrative violation records to violators is implemented in accordance with Article 58 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020) and Article 12 of Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing certain provisions and enforcement measures of the Law on Handling Administrative Violations 2012 (hereinafter referred to as Decree No. 118/2021/NĐ-CP).

5. Implementing penalties for violations of traffic rules at road intersections at the same level as railways, shared road-rail bridges, and within the railway traffic safety zone:

a) Penalties for violations by road traffic participants at road intersections at the same level as railways are carried out according to the patrol, supervision, and administrative violation handling procedures in the field of road traffic;

b) Penalties for violations by railway staff and related violators are implemented according to Clause 1, Clause 2, Clause 3, and Clause 4 of this Article.

6. Coordinating investigations, verification, and resolution of railway traffic accidents Traffic Police Teams performing inspection and supervision duties who discover railway traffic accidents or are assigned by their leadership to the accident site must urgently deploy forces to the scene and carry out tasks of Traffic Police officers assigned to the accident site in accordance with the Ministry of Public Security's regulations on responsibility allocation and coordination relationships in accident investigation and resolution work and the Railway Traffic Accident Investigation and Resolution Procedures of the Traffic Police force.

Article 14. Recording in the Traffic Control Plan and Inspection Log

1. Upon completion of each case, it must be immediately recorded in the Traffic Control Plan and Inspection Log according to the model prescribed by the Ministry of Public Security (briefly, clearly, and continuously in chronological order).

2. For violation cases: Record the time (hours, minutes, date); location (mileage, place name, route, area); inspection of traffic means, license plate number, registration number; inspected subject; violation act; traffic police measures including: Warning, decision to impose a warning penalty, fine (record the decision number), administrative violation record already established (record the record number), preventive measures, other measures applied.

3. For traffic accidents, traffic congestion, criminal activities, and other cases: Record the time (hours, minutes, date), location (mileage, place name, route, area) where the incident occurred; summarize the incident; resolution results; coordinating forces (if any).

Article 15. Completion of Traffic Control

When the inspection and control period ends, the Traffic Police Team must perform the following tasks:

1. The team leader organizes a meeting for the team to draw lessons, comment, evaluate strengths, weaknesses, propose opinions, record in the logbook in the Traffic Control Plan and Inspection Log on the situation of railway traffic order and safety, inspection and control results, violation handling, related issues, proposals, recommendations, and sign to confirm.

2. Report the situation and results of the inspection and control of the team.

3. Hand over to the unit's management staff: Administrative violation case files, related papers and documents; seized items and means of transport; fines collected on the spot; materials and images collected using technical equipment or other means; road transport means; technical equipment; weapons, support tools, and other equipment. The handover must be recorded in the log according to the model prescribed by the Ministry of Public Security, the person handing over and the person receiving have the responsibility to sign, clearly stating their full names and bear responsibility before the unit head for the handover.

Section 4

RESOLUTION AND HANDLING OF VIOLATIONS AT THE UNIT HEADQUARTERS

Article 16. Allocation of Personnel and Locations for Resolution and Handling of Violations

1. Units and local public security agencies allocate personnel and locations for resolving and handling violations in accordance with the law and regulations of the Ministry of Public Security.

2. The location for resolving violations should be convenient, have suitable space, solemn, provide seating for those coming to resolve matters; post diagrams indicating work locations, citizen reception schedules; identification signs of officers performing duties; phone numbers; citizen reception rules; suggestion boxes; and contents of relevant documents related to inspection, control, and handling of violations in the field of railway traffic.

Article 17. Procedure for Resolving and Handling Violations

1. When the violator comes to resolve the violation, proceed as follows:

a) Receive the administrative violation record from the violator and compare it with the violation file (in case the administrative violation record is lost, carefully compare the personal information of the violator with the violation file); do not handle the case for intermediaries (except when authorized under the law) or outside the designated location for handling administrative violations of the unit. For cases requiring further investigation, report to the competent authority to organize an investigation;

b) Inform the form of punishment, level of fine, preventive measures, other measures, and the results of collecting violation acts through technical equipment as prescribed. In cases where licenses and certificates of practice have been integrated and updated in the electronic ID card or electronic identity account on the National Identity Application, managed by the Ministry of Public Security, when applying the measure of revoking the right to use such licenses and certificates, the competent authority shall revoke the documents electronically, update the information about the revocation of the right to use such licenses and certificates in the administrative violation processing database, and synchronize the information with the National Identity Application and the database managed by the Ministry of Public Security so that the violator can know and comply with the law on railway traffic order and safety, serving the inspection, control, and handling of violations by competent authorities;

c) Deliver the administrative violation penalty decision to the person being penalized or their legal representative or authorized agent;

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;

đ) Return seized items, means of transport, and documents whose use rights have been revoked according to administrative procedures to the person being penalized. If these documents have been temporarily seized or had their use rights revoked in the National Identity Application or the database managed by the Ministry of Public Security, the competent authority issuing the decision shall prepare a record of returning the documents to the person being penalized; simultaneously update the administrative violation processing database to synchronize the information with the National Identity Application and the database managed by the Ministry of Public Security regarding the removal of the temporary seizure or revocation of the use rights of these documents;

e) In cases resolved based on administrative violation notifications regarding railway traffic order and safety: Check and compare the information on the notification paper and the violator's identification documents; allow the violator to view the results of collecting violation acts through technical equipment; prepare an administrative violation record and handle the violation as prescribed.

2. In cases where the violator pays the administrative violation fine through the Government Service Portal

a) The competent authority imposing the fine sends the penalty information to the Government Service Portal; the Government Service Portal automatically notifies the violator to check the penalty decision information through the phone number provided to the police at the time of preparing the administrative violation record.

b) The violator accesses the Public Service Portal through the fine decision number that has been notified or the administrative violation record to search for information on the fine decision; pay the administrative fine, register to retrieve temporarily withheld documents through public postal services;

c) The authorized authority to impose fines searches for the electronic receipt for collecting administrative fines sent back by the Public Service Portal system to print, file the administrative penalty case and serve as the basis for returning temporarily withheld documents, removing the information about withholding from the National Identity Application, databases managed by the Ministry of Public Security as stipulated in point d clause of this Article;

d) The authorized authority to impose administrative violations returns temporarily withheld or revoked documents (when the revocation period expires) to the violator through public postal services. In cases where the documents contain information about withholding or revocation on the National Identity Application, databases managed by the Ministry of Public Security, the administrative violation processing database synchronizes information with the National Identity Application, databases managed by the Ministry of Public Security to remove the withholding or revocation information of those documents;

3. In cases where the violator pays the administrative fine through public postal services, it shall be implemented according to the provisions of Article 20 of Decree No. 118/2021/NĐ-CP of the Government;

4. Administrative penalties on the electronic environment shall be carried out when the conditions regarding infrastructure, technology, and information are met;

Article 18. Procedures for handling results collected by technical means and equipment for cases of violations but unable to conduct inspections, controls, and administrative penalties;

1. Within ten days from the date of discovering the violation, the authorized authority to impose penalties of the police agency where the administrative violation was discovered shall perform the following actions:

a) Determine information about vehicles, vehicle owners, organizations, and individuals related to administrative violations through the vehicle registration agency, national population database, and relevant agencies;

2. When vehicle owners, organizations, and individuals related to administrative violations come to the police agency to resolve the administrative violation case, the authorized authority to impose administrative penalties shall handle and resolve the violation case according to the provisions of Clause 1 of Article 15 of Decree No. 135/2021/NĐ-CP;

Article 19. Collection and use of data (information, images) obtained from technical means provided by individuals and organizations to detect administrative violations;

The process of collecting and using data (information, images) obtained from technical means provided by individuals and organizations to detect administrative violations shall be implemented according to the provisions of Chapter III of Decree No. 135/2021/NĐ-CP and the following provisions:

1. Traffic Police Units shall undertake receiving and collecting data (information, images), including:

a) The Road Patrol and Traffic Control Department for land and rail roads;

b) The Traffic Police Department;

2. The Traffic Police Units specified in Clause 1 of this Article shall publicly announce the location, postal address, email address, online portal, website, or hotline number of the unit for individuals and organizations to provide; organize a 24/24-hour duty shift to receive and collect data (information, images);

3. Traffic Police officers, upon receiving and collecting data (information, images), must examine and classify them. If they meet the required criteria, they shall record them in the tracking logbook and report to the competent authority head as follows:

a) In cases where the data (information, images) reflect ongoing traffic order and safety violations on the route or area under their responsibility, they shall organize forces to inspect, control, detect, and penalize violations. If the reported violation has ended, they shall implement verification and penalty measures according to the law;

b) In cases where the violation does not fall within the route or area under their responsibility, they shall notify the competent Traffic Police Unit to implement verification and penalty measures according to the law;

4. Based on the verification results stipulated in Clause 3 of this Article, the competent authority head who handles the case shall send notifications and invite the vehicle owner, individual, or organization reported to the police agency's office that issued the notification to clarify the case.

Article 20. Coordination and receipt of results obtained from technical means and equipment managed, operated, and maintained by organizations responsible for railway infrastructure management, operation, maintenance, and transportation business.

1. Traffic Police units assigned the task of inspection, control along their respective routes and areas shall coordinate with organizations responsible for managing, operating, maintaining railway infrastructure and conducting transportation business to implement:

a) Exploiting and using traffic management and operation data from cameras, vehicle tracking devices, and cameras installed on transportation business vehicles provided by organizations responsible for managing, operating, and maintaining railway infrastructure and conducting transportation business, to serve traffic order and safety assurance and combat criminal activities on the railway line in accordance with the law;

b) Receiving results obtained from technical means and equipment (axle load measuring devices, audio and video recording devices, traffic management camera systems, cameras installed on transportation business vehicles) as stipulated in Article 22 of Decree No. 135/2021/NĐ-CP to determine administrative violations and handle administrative violations in the railway transport sector. After receiving the results, they shall follow the provisions of Clause 3, Article 12 and Article 18 of this Circular (the violator must report to the police agency to resolve and handle the case).

2. The technical means and equipment specified in point b, Clause 1 of this Article must be managed and used in accordance with the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020) and Decree No. 135/2021/NĐ-CP.

3. When receiving results obtained from technical means and equipment specified in point b, Clause 1 of this Article (photographs, images, printed reports, measurement indices, data stored in the memory of technical means and equipment), such results must be recorded in the logbook, signed upon receipt, and kept in the administrative penalty file according to regulations.

Chapter III

IMPLEMENTING PROVISIONS

Article 21. Effective Date

1. This Circular shall take effect from January 1, 2025.

2. Circular No. 32/2018/TT-BCA dated October 8, 2018, of the Minister of Public Security regarding the procedures, contents of inspection, control, and handling of administrative violations in the railway transport sector by traffic police forces ceases to be effective from the date this Circular takes effect.

3. When legal normative documents cited in this Circular are amended, supplemented, or replaced, the cited content in this Circular shall also be adjusted and implemented according to the amended, supplemented, or replaced legal normative documents.

Article 22. Responsibility for enforcement

1. The Director of the Traffic Police Corps is responsible for directing, guiding, inspecting, and urging local public security organs to implement this Circular.

2. Heads of units under the Ministry of Public Security and Directors of provincial-level public security departments are responsible for implementing this Circular.

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