Circular No. 64/2020/TT-BCA stipulates the procedures for investigating and resolving inland waterway traffic accidents by traffic police forces.

CIRCULAR

when violating management and operation of investigation procedure, handling inland waterway traffic accidents
by traffic police forces

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

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004 (Amended and supplemented by the Law on Amending and Supplementing Certain Provisions of the Law on Inland Waterway Traffic dated June 17, 2014);

Pursuant to the Penal Code dated November 27, 2015 (Amended and supplemented by the Law on Amending and Supplementing Certain Provisions of the Penal 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;

Pursuant to the Law on Expropriation of Property 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 Department;

The Minister of Public Security promulgates this Circular stipulating the procedure for investigating and settling waterway traffic accidents in internal waters by Traffic Police Forces.

PART I

GENERAL PROVISIONS

This Circular stipulates the investigation and handling procedures for inland waterway traffic accidents (hereinafter referred to as traffic accidents) by inland waterway police and traffic police forces.

Article 2. Applicability

1. Local public security units.

2. Officers and non-commissioned officers of the traffic police force performing tasks of investigating and handling traffic accidents; patrolling, inspecting, and administratively dealing with violations of inland waterway traffic regulations (hereinafter collectively referred to as traffic police officers).

3. Officers and non-commissioned officers of the People's Public Security Force related to the matter.

4. Agencies, organizations, and individuals related to the activities of investigating and settling traffic accidents.

Article 3. Principles of Investigating and Settling Traffic Accidents

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

2. The traffic police force 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 levels. Agencies, units, and individuals at lower levels must follow the guidance and directives on the investigation and resolution of traffic accidents from higher levels; individuals are responsible before the head of their unit and the law for their actions and decisions.

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

Article 4. Qualifications of Traffic Police Officers Performing Tasks of Investigating and Settling Traffic Accidents

1. Hold 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 and have completed Security and Police training as prescribed.

2. Have worked in the Traffic Police Forces for six months or more.

3. Have been trained and further educated in the investigation and settlement of traffic accidents.

Chapter II
SPECIFIC PROVISIONS

Section1
ORGANIZATION OF RECEIVING AND HANDLING REPORTS AND INITIAL RESOLUTION

Article 5. Organization of receiving reports

1. Traffic Police units shall be responsible for receiving reports:

c) Highway Traffic Police Corps.

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

3. Receiving reports at the unit's headquarters When receiving reports about traffic accidents, officers must ask clearly and record in the Logbook for Monitoring Inland Waterway Traffic Accidents according to Model No. 01/TNĐT issued by this Circular, the following information:

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

b) Time of receipt of report, location where the traffic accident occurred, clearly noted on rivers, canals, creeks, lakes, bays, harbors within the jurisdiction of villages (hamlets, wards), communes (towns, townships), districts (districts, towns, cities under provinces), provinces (cities directly under the central government);

c) Initial damage to people (number of deaths, missing persons, injured), inland waterway vessels (hereinafter collectively referred to as vessels), property, goods damaged or sunk;

d) Information and losses regarding vessels (clearly stating quantity, type, vessel, name, license plate, characteristics) transportation infrastructure on inland waterways and other properties (if any);

đ) Name, address, phone number of related persons or those who know about the occurrence of the traffic accident (if any);

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

g) After receiving a report of a traffic accident, officers and soldiers must immediately report to the direct leadership of their unit to direct the investigation and resolution according to regulations.

a) If they directly discover a traffic accident, they must report to their unit leaders to handle it according to their authority; if it is not within their authority, they must inform the competent agency or unit to handle it and take responsibility for cooperation as required;

a) If they directly discover a traffic accident, they must report to their unit's leadership to handle it according to their authority; if it is not within their authority, they must notify the competent agency or unit to handle it and have the responsibility to cooperate as required;

c) The discovery or receipt of a report of a traffic accident must be recorded in the Patrol and Inspection Logbook for Inland Waterways according to the content specified in Clause 3 of this Article (if applicable).

Other agencies and units in the People's Public Security receiving reports of traffic accidents have the responsibility to report the information to the agency or unit specified in Clause 1 of this Article to receive reports on inland waterway traffic accidents.

Article 6. Handling of Reports

a) If the report of a traffic accident occurs on the assigned inland waterway route for patrol, inspection, and violation handling, they must act according to Clause 1 of this Article

a) Dispatch traffic police officers immediately to the accident scene to check and verify the report of the traffic accident, and if a traffic accident has occurred, carry out the investigation, verification, and resolution tasks as prescribed.

b) In cases where the traffic accident occurs on the route assigned the task of patrolling, inspecting, and handling violations under the Traffic Police Department of the provincial police force, notify the duty officer of the Traffic Police Department to perform the investigation, verification, and resolution tasks within their authority or request cooperation in investigating, verifying, and resolving the traffic accident as prescribed.

a) Traffic accidents occurring on routes and areas under the patrol, inspection, and violation handling duties of the district-level police must immediately report to the Provincial Police Director (through the Planning Office and the Traffic Police Department of the provincial police force), and simultaneously report to the Ministry of Public Security (through the Traffic Police Department) for instructions on resolution.

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

Article 7. Initial handling of traffic accidents by traffic police officers performing patrol, supervision, and violation handling tasks who discover such accidents or by traffic police officers assigned to the accident scene by authorized leaders.

Traffic police officers performing patrol, supervision, and violation handling tasks who discover such accidents or traffic police officers assigned to the accident scene by authorized leaders shall carry out the following tasks:

1. Rescue and salvage operations:

a) Observe the accident scene to identify dangers such as fire, explosion, toxic substances, sinking or drowning risks of vehicles, threats to human lives still on board the vehicle, or environmental pollution, and report to unit leaders to coordinate with other forces within the People's Public Security to organize rescue and salvage operations according to Article 14 of Circular No. 62/2020/TT-BCA dated June 19, 2020 issued by the Minister of Public Security regarding the allocation of responsibilities and coordination relationships in traffic accident investigation and resolution work of the public security force to minimize losses.

b) Rescue and provide first aid to victims; check the number of deceased, missing, and injured persons, and promptly notify the nearest medical facility to organize first aid for victims; if the victim has already died, place them in an appropriate position and cover them; mobilize means and people experienced in rescuing and providing first aid to victims. Mobilization of people and means shall be carried out according to Clause 6 of this Article.

c) Salvage vehicles and property, minimizing losses.

e) In cases where the victim refuses to go for medical treatment, traffic police officers must prepare a record noting this fact, with confirmation from healthcare personnel (if available) and witnesses;

d) In cases where the relevant parties in the traffic accident have been injured and taken to a medical facility or left the scene, assign an officer to verify the identity of the victim through doctors and healthcare staff at the medical facility where the victim was treated to record the condition of bodily injuries.

h) In cases where vehicles involved in the traffic accident are damaged and unable to operate, they must notify relevant units responsible for rescue services to arrange specialized cranes and towing equipment suitable for the scene to remove the vehicle to an appropriate location as required by the traffic accident investigation and resolution officer;

đ) In cases where injured parties refuse to be taken to a medical facility, traffic police officers must record this fact in a report, with confirmation from healthcare personnel (if present) and witnesses.

h) In cases where the vehicles involved in the traffic accident are damaged and unable to operate, notify the units responsible for rescue services to arrange specialized cranes and towing equipment suitable for the scene to rescue the vehicles to an appropriate location based on the requirements of the officers conducting the accident investigation and resolution.

e) If the victim has died, maintain their position and cover them, do not move any vehicles related to the accident at the scene.

c) Maintaining the original positions, states, traces, and evidence of vehicles under permissible conditions, paying attention to detecting and recording any changes that have occurred. If the vehicles can be retrieved, organize their safe relocation and arrange personnel to protect them; if retrieval is not possible, deploy warning buoys and coordinate with other forces to secure the scene;

f) If the vehicles involved in the accident are damaged and non-operational, notify relevant rescue units to arrange specialized cranes and towing equipment suitable for the scene to salvage the vehicles to a suitable location based on the requirements of the traffic accident investigation and resolution officers.

c) Maintain the original positions and states of the vehicles, traces, and evidence under permissible conditions, paying attention to identifying and recording any changes that have occurred. If the vehicles can be salvaged, organize their safe relocation and arrange personnel to protect the vehicles; if they cannot be salvaged, deploy buoys to warn of danger and cooperate with other forces to secure the scene.

2. Protecting the accident scene:

d) Arrange officers and position vehicles moored at both ends (upstream and downstream) approximately 500 meters away from the protected area of the scene to regulate traffic, warn drivers passing through the scene to reduce speed and pay close attention to avoid endangering the safety of the scene investigators; if traffic police vehicles are used, use flags, turn on sirens and priority lights to alert other vehicles.

In cases where a traffic accident has caused traffic congestion, report to the unit leadership to strengthen manpower and equipment, implement traffic diversion and regulation measures, and resolve congestion from a distance;

a) In cases where the traffic accident may cause traffic congestion, traffic diversion and regulation must be implemented simultaneously while notifying inland waterway management authorities to coordinate and ensure traffic safety.

b) In cases where traffic congestion has already occurred due to the traffic accident, report to unit leaders to develop plans to strengthen manpower and equipment, divert and regulate traffic, and resolve congestion from a distance.

4. In cases where the person causing the traffic accident flees the scene while driving, in addition to implementing the provisions of Clauses 1, 2, and 3 of this Article, also gather detailed information about the characteristics, type, paint color, license plate number of the vehicle, especially its location, damage to the vehicle, and direction of escape. Compare and determine the traces formed during the collision. Based on the characteristics of the fleeing vehicle and the traces left on the vehicle, organize the search for the person and vehicle causing the traffic accident, and inform units along the route to cooperate in apprehending them.

b) Locating crew members and drivers related to the traffic accident;

d) Use warning lights, signal lights, and danger warning buoys to protect the scene and ensure safety for those investigating the scene.

b) Find crew members, drivers of vehicles related to the traffic accident; witnesses and those who know about the incident to collect information about the traffic accident (if available, clearly record their full name, address, phone number, ID card or citizen identification number); inspect and temporarily seize the documents of the vehicles, crew members, drivers, and goods carried on the vehicles (if any) related to the traffic accident.

c) Use technical equipment provided to traffic police forces to immediately test the alcohol concentration or other prohibited stimulants in the blood of the drivers involved in the traffic accident at the scene; or request medical facilities to test the alcohol concentration or strong stimulants in the blood of the drivers involved in the traffic accident who are being treated.

d) Examine and collect electronic data such as: GPS devices recording the journey of the vehicle, Automatic Identification System (AIS) devices, images from cameras of organizations, individuals around the scene during the time of the accident (if available).

6. Mobilizing and requisitioning means:

a) In urgent situations to transport victims for emergency care, pursue suspects or persons causing traffic accidents who flee the scene; rescue, salvage, firefighting, or other urgent tasks, implement the right to mobilize transportation means, communication means, and other means of organizations, individuals, and the persons currently operating or using these means. Mobilization shall be carried out in the form of requests or demands.

b) The requisition of transportation means, communication means, and other means of organizations, individuals shall be carried out according to the decision of authorized persons and in accordance with the conditions, procedures, and formalities stipulated by the Law on Requisition and Seizure of Property and the Law on Public Security Organs.

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

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

Section 2 CONTENTS, METHODS OF INVESTIGATION AND VERIFICATION OF TRAFFIC ACCIDENTS

Article 8. Contents of investigating and verifying circumstances of traffic accidents

1. When conducting investigations and verifications of traffic accidents, traffic police officers shall have the responsibility to verify:

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

b) Individuals or organizations committing violations of inland waterway traffic regulations, faults, and personal backgrounds of violators;

c) Aggravating or mitigating circumstances;

d) Nature and degree of damage caused by violations of inland waterway traffic regulations;

đ) Other circumstances significant for considering and deciding on penalties and resolving traffic accidents;

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 penalty decisions, the competent authority may request an appraisal. The procedure for requesting an appraisal shall be carried out in accordance with the law on appraisal.

3. Measures for investigating and verifying circumstances of traffic accidents shall be implemented 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 falling under 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 site for traffic accidents without any of the signs stipulated in point a of Clause 7, Article 7 of this Circular shall be implemented according to Clauses 3, 4, 5, 6, and 7 of this Article.

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

a) Accepting tasks from the site protection department;

b) Determine the scope of the accident site; the positions of victims, traces, evidence, and vehicles left at the accident site. Use cameras equipped for traffic police to record the entire area of the accident site before the examination;

d) Assigning tasks to participating members;

đ) Select examination methods; determine the direction of the examination appropriately; determine reference points on land or underwater (marking points) that are stable over time, easily recognizable, and convenient for measuring and drawing the accident site diagram to determine coordinates according to the national standard system for positioning the accident location;

e) Preparing tools, equipment, and instruments for the examination of the accident scene.

4. Conduct Examination When conducting an examination of the accident site, an On-Site Examination Report of Inland Waterway Traffic Accidents according to Form No. 05/TNĐT issued by this Circular must be prepared, and a Site Diagram of Inland Waterway Traffic Accidents according to Form No. 06/TNĐT issued by this Circular must be drawn; the Site Diagram must correspond with the On-Site Examination Report. The specific examination of the accident site is as follows:

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

b) Based on the direction of the examination and marking points at the accident site, mark the natural order of all victims, traces, evidence, and vehicles and related traces according to the sequence;

c) Take photos of the accident site including: General accident site photos, partial accident site photos, video footage (if available); take photos of victims, evidence, vehicles, and related traces and place scale rulers. The accident site photos must be compiled into a Photo Album of the Accident Site, arranged in order, and annotated;

d) Measure and draw a diagram of the traffic accident site: Use consistent symbols and measurement units; fully represent traffic organization and inland waterway navigation signal systems (on shore, surface, river-crossing structures) at the accident site; the explanatory section must show the scale of the drawing, traces, and symbols on the accident site diagram. When measuring and drawing the accident site, it is necessary to depict the morphology of rivers, canals, creeks, lakes, bays, inlets (straight, curved, winding, forked...), geographic orientation, flow direction, flow velocity, tide, wind direction, depth at the accident site; width of the channel for vessel passage at the accident site location;

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

5. Prepare the Inspection Report of the Traffic Accident Scene The contents of the inspection report must record the start and end times of the inspection, location, participants in the inspection; the condition of the scene before the inspection, weather and lighting conditions during the inspection, and the specific inspection process as follows:

a) Describe the general scene such as: the accident location (within or outside the traffic lane, managed by the traffic lane management unit) occurring on rivers, canals, creeks, lakes, bays, straits (straight, curved, winding, three-way intersections...) with obstructed or unobstructed visibility; direction and flow rate of water current, tide direction, wind direction, depth; width of the navigation channel, position of the traffic accident determined by national coordinate system (represented on the geographical map diagram); direction of movement of vehicles before, during, and after the traffic accident; collision and sinking positions of vehicles, positions of related objects and distances to reference points; signaling systems on inland waterways (on shore and on water surface);

d) Describing the positions and characteristics of victims, traces, vehicles, and evidence on the scene;

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

e) Recording the examination process: Using technical equipment provided to traffic police forces.

6. Concluding the examination of the accident scene:

a) Reviewing the work completed during the examination process;

b) Evaluating the collected traces and documents to determine their relevance or whether additional traces need to be collected;

c) Approving and signing the Traffic Accident Scene Examination Report and the Traffic Accident Scene Diagram.

c) Approving and signing the Record of the Scene Examination and the Diagram of the Accident Scene;

The inspection and verification of vehicles, vehicle operators; passengers, transported goods, load capacity on the vehicles, and related documents must invite representatives from enterprises or organizations (individuals with expertise in valuation fields) to determine the value of property damage and prepare a Verification Record according to the government's regulations on forms used in administrative penalty procedures;

7. After inspecting the scene, the traffic police officers assigned to investigate, verify, and resolve the inland waterway traffic accident must prepare a Report on the Results of Inspecting the Inland Waterway Traffic Accident Scene according to Form No. 07/TNĐT issued under this Circular and propose further investigation, verification, and resolution measures.

1. Temporary detention and handling of evidence, vehicles, licenses, professional certificates, and crew members' qualification certificates related to traffic accidents according to administrative procedures:

a) The temporary detention and handling of evidence, vehicles, licenses, professional certificates, and crew members' qualification certificates related to traffic accidents shall be carried out in accordance with the provisions of Articles 125 and 126 of the Law on Handling Administrative Violations 2012 and other relevant laws;

b) When temporarily detaining evidence, vehicles, licenses, professional certificates, and crew members' qualification certificates related to traffic accidents, a Temporary Detention Record of Evidence, Vehicles, Licenses, Professional Certificates, and Crew Members' Qualification Certificates must be prepared according to Form No. 50/BB-TGTVPTGPCC issued under Circular No. 07/2019/TT-BCA immediately at the accident scene or discovery site. Within 24 hours, traffic police officers must report to the competent authority to issue a Decision on Temporary Detention of Evidence, Vehicles, Licenses, Professional Certificates, and Crew Members' Qualification Certificates according to Form No. 18/QĐ-TGTVPTGPCC issued under Circular No. 07/2019/TT-BCA;

c) The period of temporary detention of evidence, vehicles, licenses, professional certificates, and crew members' qualification certificates shall not exceed seven days from the date of detention. In cases where there are many complex circumstances requiring verification, traffic police officers must report and propose to the competent authority according to Form No. 14A/TNĐT issued under this Circular to issue a Decision to extend the period of temporary detention of evidence, vehicles, licenses, and professional certificates according to Form No. 19/QĐ-KDTHTGTVPTGPCC issued under Circular No. 07/2019/TT-BCA, with the maximum extension period not exceeding twenty-three days from the expiration date of the initial detention period; If the traffic accident has 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 evidence collection, the person in charge of resolving the traffic accident must report in writing to their direct superior according to Form No. 14B/TNĐT issued under this Circular to request an extension of detention; the extension must be decided according to Form No. 19/QĐ-KDTHTGTVPTGPCC issued under Circular No. 07/2019/TT-BCA, with the extension period not exceeding thirty days;

d) When returning evidence, vehicles, licenses, professional certificates, and crew members' qualification certificates related to traffic accidents, a Decision on Returning Evidence, Vehicles, Licenses, Professional Certificates, and Crew Members' Qualification Certificates must be issued according to Form No. 20/QĐ-TLTVPTGPCC issued under Circular No. 07/2019/TT-BCA, while preparing a Return Record of Evidence, Vehicles, Licenses, Professional Certificates, and Crew Members' Qualification Certificates according to Form No. 60/BB-TLGTTVPT issued under Circular No. 07/2019/TT-BCA;

đ) After completing the inspection of the vehicle and determining that the driver did not commit any fault and did not violate other legal regulations, the vehicle must be returned immediately to the owner or the driver. It is strictly prohibited to retain vehicles of parties involved in traffic accidents 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 public disorder, 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 Means of Transport Related to Traffic Accidents

1. The participants in the inspection of the vehicle shall comply with the provisions of point c, Clause 3, Article 9 of this Circular.

2. Vehicles related to traffic accidents must be inspected and a Vehicle Inspection Report related to inland waterway traffic accidents must be prepared according to Form No. 08/TNĐT issued under this Circular at the scene or at the place where the vehicle is detained immediately after the completion of the scene inspection. If there are multiple vehicles, they must be inspected one by one, with each vehicle having its own Vehicle Inspection Report.

3. Inspect all documents of the driver of the vehicle, crew members, and related vehicle documents concerning the traffic accident, such as: Certificate of professional competence for the captain, professional certificates, personal identification documents (if available), vehicle registration (compare with license plate number, engine number, measurement, size, image, material), certificate of technical safety and environmental protection of the vehicle (for types of vehicles required to have such a certificate), compulsory civil liability insurance certificate for business transport on inland waterways (if available), documents related to the transportation conditions of the vehicle and goods transported on the vehicle (if available).

4. Inspect the means of transport:

a) Measure the main dimensions of the means of transport including: Maximum length, maximum width, height, draft, freeboard height of inland waterway vessels;

b) Evaluate the structure and condition of the body and hull of the vehicle including: Frame, shell, deck, cabin, bulkhead, cargo hold, rudder, bow, bottom.

c) Examine the technical equipment system of the vehicle: Power system, steering, anchoring, life-saving, fire-fighting, sound, signal (sound and light), life-saving, sinking prevention, marine equipment (radar, voyage recording device (GPS), vessel identification device (AIS), electronic nautical charts (if available), river passage valve.

d) Focus on inspecting parts and positions that are likely to be the cause of the traffic accident, determine the collision location and the first point of impact on the means of transport;

d) Carefully inspect the location, direction, and mechanism of formation of traces, and the size of traces left on the vehicle (excluding traces generated during rescue and salvage operations).

e) Measure and photograph the position and size of marks and traces (with scale ruler); collect marks and trace-bearing objects, take samples for comparison (if necessary), and store them in accordance with regulations.

5. The inspection report of the vehicle related to the traffic accident must specifically record: Documents, characteristics of the vehicle; description of traces; damage and malfunction of the vehicle; collection of samples, traces, and technical equipment of the vehicle: power system, steering, anchoring, fire-fighting, sound, signal (sound and light), life-saving, sinking prevention, marine equipment (radar, voyage recording device (GPS), vessel identification device (AIS), electronic nautical charts (if available); river passage valve for forensic examination purposes.

6. Approve and sign the Record of Inspection of Means of Transport Related to Traffic Accidents.

Article 12. Inspection of works related to traffic accidents

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

2. Conducting the inspection of works:

a) For bridges:

- Checking basic technical indicators of the bridge:

+ The clear height under the bridge;

+ The radius of curvature of the channel at the bridge construction site;

+ The position of the bridge relative to the main flow;

+ The anti-collision piers of the bridge;

+ The span of the bridge (measured from the innermost part of the two bridge piers);

- Checking the signaling system:

+ Warning signs before the bridge;

+ Pier warning signs;

+ Marker buoys guiding the channel for vessel passage;

+ Lighting signals for nighttime navigation and illumination of the vessel passage channel (for accidents occurring at night);

- Examining and recording traces left by the traffic accident on the bridge piers in the vessel passage channel, and on the bridge railings;

b) For overhead river-crossing structures:

- Power transmission lines, communication lines, overhead pipelines, and water level measurement cables crossing the river;

- Checking the clearance of overhead lines crossing the river;

- Checking high-voltage warning signals and signs indicating the presence of high-voltage lines crossing the river ahead;

- Examining and recording traces left by the traffic accident at the scene;

c) For underground river-crossing structures:

- Check technical criteria: Position of structures crossing the river; necessary depth of underground burial. Compare with permissible standards when constructing the project to identify design and construction violations;

- Checking and examining the signaling system, warning signs, marking the location of underground structures; various types of prohibitory signs within a 200-meter range upstream and downstream;

- Examining and recording traces left by the traffic accident on the structure;

d) For inland waterway ports and wharves:

- Checking port and wharf operation permits (if applicable); safety conditions for ports and wharves;

- Checking inland waterway navigation signals, mooring piles, anchor piles, water level markers, survey markers, protection zones extending five meters from the outermost points of mooring piles, anchor piles, water level markers, and survey markers;

- Checking basic technical indicators of inland waterway ports:

+ Technical parameters of the facility system for vessels and ships to moor, load/unload cargo, embark/disembark passengers, and perform other support services;

+ Limits of the port land area: docks, warehouses, yards, workshops, administrative offices, service facilities, transportation, communication systems, electricity, water supply, equipment installation, and auxiliary works;

+ Limits of the water area in front of the dock, turning basin, anchorage area, transshipment area, unloading area, and storm shelter area;

+ Examine and record traces left on the construction or at the scene from the traffic accident; - Check technical criteria for inland waterway ports:

+ Cargo wharves, passenger wharves, combined wharves, ferry wharves, dedicated wharves;

+ Land and water areas in front of the wharf for vessels to moor, load/unload cargo, embark/disembark passengers, and perform other support services;

 + Examine and record traces left on the construction or at the scene from the traffic accident.

3. Prepare the inspection report of the construction related to inland waterway traffic accidents according to Form No. 09/TNĐT issued under this Circular.

Article 13. Recording statements of crew members, drivers, victims, witnesses, and persons who know about the incident

1. Recording statements of crew members and drivers related to traffic accidents must be documented in a Statement Recording Form according to Model No. 10/TNĐT issued under this Circular:

a) Depending on each specific traffic accident, record the statements of relevant crew members such as: Captain, first mate, chief engineer, second engineer, seaman, machinist, or driver of the inland waterway vessel. Recording statements must clarify the position and duties of the crew member, driver of the inland waterway vessel; route, channel, direction, current, speed, weather, hydrology; events before, during, and after the traffic accident; location where the traffic accident occurred; technical maneuvers, signaling, handling situations; require crew members, drivers of inland waterway vessels to determine health injuries to people, property losses (if any), assess causes of the traffic accident, responsibility, their suggestions regarding the traffic accident, and write a self-report.

b) Study, analyze, and evaluate the statements; if there are contradictions, unclear points, or inconsistencies with collected evidence, additional statements must be recorded;

c) If the crew member or vehicle operator is seriously injured and may die, their statement must be recorded immediately. In cases where they cannot make a statement, a record must be made with confirmation from the healthcare facility treating the victim.

2. Recording statements of victims in traffic accidents:

a) Recording the statement of the victim in the traffic accident must be done in a Statement Record according to Form No. 10/TNĐT issued under this Circular, specifically clarifying the events before, during, and after the traffic accident; their understanding of the traffic accident.

b) In cases where the victim is seriously injured, only record their statement when treated by medical personnel and they agree but need to ask briefly. If the victim may die, their statement must be recorded immediately. In cases where the seriously injured victim cannot make a statement, a record must be made about that fact and confirmed by the healthcare facility treating the victim.

3. Recording the statement of witnesses, those who know about the incident. Recording the statement of witnesses, those who know about the incident must be done in a Statement Record according to Form No. 10/TNĐT issued under this Circular, and must clarify:

a) The position of the witness when the traffic accident occurred (viewing direction, field of vision, distance from the site of the traffic accident); why they know about the traffic accident; their relationship with those involved in the traffic accident;

b) Require the witness to describe the traffic accident they know about; weather conditions, density of vehicles, characteristics of the route and channel where the traffic accident occurred; evaluate the condition of the traffic accident scene;

c) In cases where the statement of the witness cannot be recorded immediately at the scene, the statement recorder must record information about their place of residence, workplace, school, contact phone number, or other relevant information to identify the witness, then visit their residence, workplace, or invite them to the police station to record their statement. For individuals under 18 years old, when recording their statement, invite their guardian (father, mother, legal representative, teacher) to attend and sign the Statement Record according to Form No. 10/TNĐT issued under this Circular.

Article 14. Professional Appraisal

2. In cases where there are no signs of criminal offenses in traffic accidents and the victims refuse to undergo disability assessments or property valuations, traffic police officers must prepare a record detailing the reasons for refusal, confirmed by the victims and witnesses.

Article 15. Other Activities to Collect Materials Related to Traffic Accidents

In addition to implementing the provisions of Articles 8, 9, 10, 11, 12, 13, and Article 14 of this Circular, depending on the nature and severity of each traffic accident, during the investigation, verification, and resolution of traffic accidents, the following activities must be carried out:

1. Examining traces on the bodies of victims:

a) Examining traces on the body of the victim must be done with the victim's consent and recorded meticulously; described specifically and detailed in the record according to model number 11/TNĐT issued by this Circular. Mark the location of injuries on the Diagram of Locations and Traces of Injuries on the victim's body according to model number 12/TNĐT issued by this Circular, take photographs of the injury traces. If the victim is female, a female officer must participate in examining the injury traces and there must be a witness of the same gender;

c) If the victim does not go to emergency care but requests an appraisal of the degree of bodily injury, the provisions at point a of this clause must be implemented and a report made to authorized leaders to request or propose the appraisal agency to conduct the appraisal in accordance with the law.

c) If the victim does not seek emergency care but requests an assessment of the percentage of bodily injury, the provisions at point a of this clause must be implemented and a report made to the competent authority to request or propose the examination agency to conduct an examination as prescribed by law.

a) Through information provided by the victim and related persons;

b) In cases where the victim is seriously injured and cannot provide information, the license plate number, name of the vehicle, certificate of professional capability, professional certification, or related documents of the victim may be used as a basis;

b) In cases where the victim is seriously injured and unable to provide information, the license plate number, vehicle name, certificate of professional capability, professional certificate, or related documents of the victim may be relied upon;

d) Photograph the victim and announce distinctive features through mass media.

3. In cases where the whereabouts of the victim have been determined, the unit handling the traffic accident case must notify the family or the victim's workplace.

4. Inspect and verify vehicles, drivers, and other related documents:

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

b) Inspect and verify certificates of professional capability for ship captains, professional certifications, identity documents of drivers, vehicle registration, vehicle inspection, safety and environmental protection certificates, and various documents related to vehicle transport operations and goods transported on the vehicle. Whether these documents have been altered, erased, or issued by authorized authorities;

b) Verify the certificate of professional capability of the ship captain, professional certificates, identity documents of the vehicle operator, vehicle registration, vehicle inspection, safety and environmental protection certificates, and other documents related to the transport business of the vehicle and goods transported on the vehicle. Whether these documents have been altered, erased, or issued by the competent authority;

Article 16. Reconstruction of Traffic Accident Scene

1. During the investigation and verification of traffic accidents, if there is evidence indicating that the scene has been tampered with, fabricated, or if it is deemed necessary for the investigation, verification, and resolution of the traffic accident, the scene of the traffic accident must be reconstructed. The reconstruction of the scene must be planned and decided by the competent authority.

2. Prior to reconstructing the scene of the traffic accident, the time, weather conditions, and means suitable for when the accident occurred must be selected. During the reconstruction process, preventive measures against damage and obstruction of traffic must be implemented.

3. The content of reconstructing the scene must re-establish the positions of the victims, objects, vehicles, and traces left at the scene, review the circumstances, actions, and details at the time of the accident; measure and redraw the diagram of the scene; take photographs as a basis for comparison.

4. Upon completion of the reconstruction of the traffic accident scene, a record of the examination of the reconstructed scene must be prepared, along with a redrawn diagram of the reconstructed scene; all participants in the reconstruction must sign and clearly write their names on the record and diagram.

Article 17. Examination of Traffic Accident Investigation Results

1. In cases where traffic accidents do not exhibit signs of criminal offenses, they shall report to the competent leadership to issue a notification of the results of the investigation and resolution of the traffic accident according to model number 13/TNĐT issued by this Circular. The resolution of the traffic accident shall be carried out in accordance with Article 19 of this Circular.

1. In cases where traffic accidents do not indicate criminal offenses, reports shall be submitted to authorized leaders for issuance of a Notification of Investigation and Resolution Results of Waterway Traffic Accidents according to Model No. 13/TNĐT issued under this Circular. The resolution of traffic accidents shall be carried out in accordance with Article 19 of this Circular.

a) Traffic Police officers at the district level police force must report to the Head of the district-level police force to transfer case files, evidence, and objects related to traffic accidents to the General Investigation Team for investigation and resolution.

b) Traffic Police officers at the provincial-level Traffic Police Department must report and propose to the Head of the provincial-level Traffic Police Department to direct the investigation and resolution of traffic accidents in accordance with Article 20 of this Circular.

3. In cases where it is discovered that individuals or organizations intentionally caused traffic accidents to infringe upon the lives, health, or property of others or to conceal other criminal acts, Traffic Police officers must report to their unit leaders to transfer case files, evidence, and objects to the competent Criminal Investigation Authority for investigation and resolution.

Section 3 RESOLUTION OF TRAFFIC ACCIDENTS

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

1. Upon receiving information about a traffic accident, Traffic Police must conduct the investigation, verification, and resolution within seven days; in cases where the traffic accident involves 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. In cases where specialized expertise is required or additional time is needed to verify and collect evidence, the competent authority must submit a written report to their immediate superior requesting an extension; the extension must be in writing and shall not exceed thirty days.

1. Upon receiving information about a traffic accident, Traffic Police must conduct investigations, verifications, and resolutions within seven days; in cases where traffic accidents have complex circumstances requiring additional verification, the period may be extended but not exceeding thirty days from the date of receipt of information about the traffic accident. If specialized expertise is required or additional time is needed to verify and collect evidence, the authorized person must submit a written report to their immediate superior requesting an extension; the extension must be in writing and not exceed thirty days.

2. Upon completion of the investigation, verification, and resolution period, the Traffic Police force must issue a Notification of Investigation and Resolution Results of Traffic Accidents according to Model No. 13/TNĐT issued under this Circular and proceed with administrative handling as prescribed by law.

Article 19. Handling traffic accidents through administrative procedures

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

1. Invite relevant parties or their lawful representatives to the unit's premises to notify the results of the investigation and verification (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 establishing a Record of Resolution of Inland Waterway Traffic Accidents according to Model No. 15/TNĐT issued under this Circular. Establish an Administrative Violation Record (if applicable) in accordance with the Law on Handling Administrative Violations 2012; if one of the parties involved in the traffic accident is absent for legitimate reasons, a Record noting the absence and scheduling a resolution time must be established.

2. Report to the authorized person to issue an Administrative Violation Penalty Decision (if applicable).

3. Allow the parties involved in the traffic accident to resolve civil compensation claims at the agency or unit's premises; if the parties involved in the traffic accident cannot reach an agreement on resolving civil compensation claims, a Record must be established simultaneously and guide the parties to contact the competent court to resolve through civil litigation procedures.

4. After completing the investigation, verification, and resolution of traffic accidents, Traffic Police officers handling the case must complete the file and report to their unit leaders to conclude the investigation, verification, and resolution of traffic accidents; implement statistical and reporting systems for inland waterway traffic accidents, store files in accordance with regulations of the Ministry of Public Security and relevant laws.

5. For traffic accidents handled and resolved by investigative authorities but subsequently decided not to initiate criminal proceedings, decisions to revoke the initiation of criminal proceedings, decisions to suspend investigations, or decisions to terminate cases, if administrative violations are indicated and transferred to Traffic Police agencies for administrative handling, the assigned Traffic Police officers must report to the authorized person to implement the provisions of Article 63 of the Law on Handling Administrative Violations 2012 and comply with the provisions of Clause 1, 2, 3, and Clause 4 of this Article.

6. Upon concluding the investigation, verification, and resolution of traffic accidents, the agency or unit handling the traffic accident, if discovering deficiencies, inadequacies, or shortcomings in state management of transportation infrastructure, traffic organization, driver management, or vehicle management, must submit a written recommendation to the management authority or industry主管部门以书面形式提出建议，以便采取措施进行补救。

Article 20. Handling traffic accidents that reveal criminal elements according to the functions of the agency tasked with conducting certain investigative activities

1. During the process of investigating, verifying, and resolving traffic accidents, if criminal offenses are discovered, Traffic Police officers assigned to investigate and resolve traffic accidents at the Traffic Police Department must report to the Department Head to issue a decision to initiate criminal proceedings and carry out investigative duties and powers in accordance with Article 38 of the Law on Organization of Investigative Authorities 2015 and Article 40 of the Criminal Procedure Code 2015.

2. Case files of traffic accidents transferred to the Criminal Investigation Authority:

b) Inspection records of the accident scene; Diagrams of the accident scene; Scene photographs; Image storage devices;

c) Inspection records of vehicles; Temporary detention records of evidence and vehicles; Decisions on temporary detention of evidence and vehicles; Documents of vehicle drivers, vehicles, and goods on the vehicles;

d) Records of statements of persons involved in the traffic accident including: Statements of crew members and vehicle drivers; Statements of victims; Statements of witnesses and those who know the incident;

d) Record of marks on the victim's body, Diagram of injury marks on the victim's body, record of reconstructing the traffic accident scene;

e) Evidence, means of transportation, and traces related to the traffic accident;

Article 21. Documents to be provided to insurance enterprises

1. When an insurance company submits a letter requesting or a letter of introduction to resolve matters related to traffic accidents involving insured parties, based on their functions, tasks, and authority granted, the head of the agency or unit responsible for investigating, verifying, and resolving traffic accidents shall be responsible for providing documents (photocopies stamped with an official seal confirming they are true copies, with confirmation from the head of the agency or unit) in accordance with the provisions of the law.

2. The provision of documents to the insurance company must be recorded in the Notes section of the Traffic Accident Monitoring Book according to Model No. 01/TNĐT issued under this Circular and there must be a Document Provision Form for Insurance Companies according to Model No. 16/TNĐT 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 Monitoring Book and update information about traffic accidents into the Traffic Accident Database as follows:

a) Within twelve hours, immediately update initial information about the traffic accident into the Traffic Accident Database including: Time and location of the accident; number of deaths and missing persons; number of injured persons;

b) During the investigation, verification, and resolution of the traffic accident, traffic police officers continue to amend and update additional information about the vehicles involved in the accident such as: Registration number, type of vehicle, license plate, load capacity; owner of the vehicle, year of birth, address, phone number (if available); direction of movement before the accident, technical safety conditions, damage, condition of the vehicle; information about crew members, drivers, and victims: full name, date of birth, gender, nationality, occupation, address, certificate of professional capability number, validity period, class of certificate of professional capability, injury status, alcohol, drug, or other prohibited stimulant use; other relevant information in the traffic accident;

2. After fully entering the information in the traffic accident, the traffic police officer sends a request for approval to finalize. The leadership of the agency or unit reviews and approves the updated information to finalize the traffic accident file in the Traffic Accident Database or does not approve and requests the officers to correct the information accurately compared to the collected investigation, verification, and resolution files.

3. In cases where a traffic accident occurs on the route or area assigned for patrol, supervision, and violation handling by the traffic police unit but is handled by the Criminal Investigation Agency, the traffic police unit responsible for the route or area must closely cooperate with the Criminal Investigation Agency from the scene examination until the end of the investigation; receive the results of the investigation and resolution of the traffic accident from the Criminal Investigation Agency (information about the vehicles involved, information of crew members related to the traffic accident: captain, deputy captain, chief engineer, deputy chief engineer, seaman, machinist or inland waterway vessel driver; victims; witnesses, people who know the incident; Decision to initiate criminal proceedings, indictment, Investigation Conclusion or other related documents to update comprehensive information into the Traffic Accident Database.

4. If the traffic accident file in the Traffic Accident Database contains errors in the information and requires deletion or unlocking (for files that have been approved), 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.

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

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

Article 24. Forms and symbols in the accident scene diagram used in traffic accident investigation, verification, and resolution work

a) Decision to assign deputy heads or investigators in the initiation and investigation of criminal cases (Model No. 91)

b) Decision to change deputy heads in the initiation and investigation of criminal cases (Model No. 92)

c) Decision to change investigators conducting criminal case investigations (Model No. 93);

d) Decision to change decisions/orders of deputy heads in the initiation and investigation of criminal cases (Model No. 94);

đ) Decision to revoke decisions/orders of deputy heads in the initiation and investigation of criminal cases (Model No. 95);

e) Decision to delegate authority to deputy heads when the head is absent (Model No. 96);

g) Decision to initiate criminal cases (Model No. 97);

h) Record of handover/receipt of criminal case files (Model No. 219).

a) Decision to grant administrative penalty enforcement authority (Model No. 30/QĐ-GQXP);

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

c) Administrative Violation Record (Model No. 43/BB-VPHC);

d) Decision on Administrative Penalty (Model No. 02/QĐ-XPHC);

d) Administrative custody record for seized items, means of transport, licenses, and professional certificates (Form number 50/BB-TGTVPTGPCC);

e) Decision on administrative custody of seized items, means of transport, licenses, and professional certificates (Form number 18/QĐ-TGTVPTGPCC);

g) Decision to extend the period of administrative custody of seized items, means of transport, licenses, and professional certificates (Form number 19/QĐ-KDTHTGTVPTGPCC);

h) Decision to return seized items, means of transport, licenses, and professional certificates under administrative procedures (Form number 20/QĐ-TLTVPTGPCC);

i) Administrative record for returning documents, seized items, means of transport to the owner, manager, or lawful user in violation of administrative regulations (Form number 60/BB-TLGTTVPT);

k) Decision on administrative custody of persons (Form number 15/QĐ - TGN);

l) Decision to extend the period of administrative custody of persons (Form number 16/QĐ-KDTHTGN);

m) Decision to request forensic examination (Form number 37/QĐ-TCGĐ).

3. Issued together with this Circular are the following forms:

a) Traffic accident record book (Form No. 01/TNĐT);

c) Plan for verifying and resolving traffic accident cases (Form number 03/TNĐT);

đ) Traffic accident scene examination record (Form No. 05/TNĐT);

e) Diagram of the traffic accident scene (Form No. 06/TNĐT);

g) Report on the results of the traffic accident scene examination (Form No. 07/TNĐT);

h) Examination record of vehicles related to traffic accidents (Form No. 08/TNĐT);

i) Examination record of structures related to traffic accidents (Form No. 09/TNĐT);

k) Statement record (Form No. 10/TNĐT);

l) Record of marks on the body of the injured person (Form No. 11/TNĐT);

m) Diagram of the position and marks of injuries on the body of the injured person (Form No. 12/TNĐT);

n) Notification of the results of investigation, verification, and resolution of traffic accidents (Form No. 13/TNĐT);

o) Report proposing the resolution of traffic accidents (Form No. 14A/TNĐT);

p) Report proposing extension of temporary detention of vehicles related to traffic accidents (Form No. 14B/TNĐT);

q) Traffic accident resolution record (Form No. 15/TNĐT);

r) Information provision form (documents in the traffic accident file) for insurance companies (Form No. 16/TNĐT).

Section 4. SOME SPECIFIC SITUATIONS IN TRAFFIC ACCIDENT INVESTIGATION AND RESOLUTION

Section 4 SOME SPECIFIC SITUATIONS IN THE INVESTIGATION AND RESOLUTION OF TRAFFIC ACCIDENTS

1. When a traffic accident involving persons and vessels of foreign countries occurs, it shall be handled in accordance with relevant laws.

2. Public Security agencies, when conducting investigation, verification, and initial resolution activities of traffic accidents in accordance with the law and this Circular, must determine the legal status of foreign nationals, the legal regime of the vessel causing the accident, the victim, and damage to health or property of others, and have the right to request the person causing the accident to present necessary identity documents and sign the investigation records at the scene; if they refuse to sign, it must be noted in the record and witnessed by someone; while continuing to conduct investigation, verification, and resolution measures for the traffic accident:

2. When conducting investigation, verification, and initial resolution of traffic accidents according to the provisions of the law and this Circular, the Public Security agency must determine the legal status of foreign individuals, the legal regime of the means causing the accident, the victims, and health injuries or property damage caused to others. They have the right to require the person causing the accident to present necessary personal documents and sign the investigation records at the scene; if they refuse to sign, it must be noted in the record with a witness. At the same time, continue to carry out investigative measures, verification, and resolution of the traffic accident:

a) Diplomatic personnel as defined in the Ordinance on Privileges and Immunities for Diplomatic Missions, Consular Posts, and International Organizations' Representative Offices 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 individuals without diplomatic status (experts, businesspeople, students, interns, tourists in Vietnam, foreigners participating in other activities within the territory of Vietnam) involved in traffic accidents, the investigation and resolution shall be conducted as for Vietnamese citizens. However, if temporary detention of persons is required, it must be reported to the authorized decision-maker under Article 123 of the Law on Handling Administrative Violations 2012 for coordination with the Foreign Affairs Department to resolve uniformly. The verification of foreign individuals' statements shall be carried out according to regular procedures at the Public Security agency's office. Foreign individuals may choose their own interpreter, or the Public Security agency may invite an interpreter. In the event that a diplomatic or consular officer agrees to act as a witness, their statement or verification can be conducted at a convenient location agreed upon by them.

Article 26. Traffic accidents involving personnel and vehicles of the People's Army

1. In cases where traffic accidents are immediately identified without signs of criminal offenses, involving personnel and vehicles of the People's Army, the traffic police force shall investigate and resolve such incidents, while coordinating with the units managing personnel and vehicles of the army involved in the traffic accident to handle administrative violations according to this Circular and relevant laws.

Article 27. Traffic accidents involving waterway transportation means

When transportation vehicles catch fire or explode, the traffic police must immediately notify the firefighting and rescue service at the location of the traffic accident to handle the situation; simultaneously organize traffic diversion and prohibit people and vehicles from entering the area affected by fire or explosion. The traffic police have the responsibility to cooperate and maintain traffic order at the accident site.

Article 28. Traffic accidents directly related to dangerous goods-carrying means

In cases where traffic accidents involve vehicles transporting dangerous goods, the traffic police must coordinate with specialized agencies and implement the blockade of the area where the traffic accident occurred, using warning lights, signal lights, and flags to alert other vehicles and prohibit them from entering. At the same time, report immediately to the Director of the Provincial Police Department or the Central City Police Department for instructions and notification of relevant agencies to coordinate in handling the situation.

If the traffic accident falls under any of the signs specified in point a, Clause 7, Article 7 of this Circular, then notify the local county-level public security bureau's criminal investigation department to conduct an investigation and resolution. In cases where the traffic accident does not fall under any of the signs specified in point a, Clause 7, Article 7 of this Circular, the public security agency receiving the report of the traffic accident shall assign traffic police officers to conduct an investigation, verification, and resolution according to this Circular. During the investigation, verification, and resolution process, if it is determined that the traffic accident is not within their jurisdiction, it shall be handed over to the county-level public security bureau where the traffic accident occurred (if it is determined to be within its management area).

Article 30. Traffic accidents causing public disorder

1. In cases where traffic accidents involve relatives of the victims or agitators demanding compensation or assaulting the person causing the accident, and their actions obstruct traffic to a non-serious extent, actively explain, separate the parties, and disperse crowds to prevent complications.

2. In cases where serious disruptive behaviors occur, every effort must be made to report to unit leadership to request support from local authorities and other forces; simultaneously protect the scene, vehicles, and vehicle drivers; preserve the strength of the force and continue to monitor the situation to serve the investigation, verification, and resolution work.

Chapter III IMPLEMENTATION ORGANIZATION

Article 31. Effectiveness and Transitional Provisions

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

2. This Circular replaces Circular No. 73/2012/TT-BCA dated December 5, 2012, issued by the Minister of Public Security, which stipulates the procedures for investigating and resolving inland waterway traffic accidents by the inland waterway traffic police force.

3. For traffic accidents occurring before January 1, 2021, the provisions of Circular No. 73/2012/TT-BCA shall apply.

Article 32. 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, Directors of provincial and centrally-administered city police departments are responsible for implementing this Circular.

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