Circular No. 65/2020/TT-BCA stipulates the tasks, powers, forms, contents, and procedures for traffic police patrols, inspections, and administrative violations handling on road traffic.

CIRCULAR
Regulations on tasks, powers, forms, contents, and procedures for traffic police patrols, inspections, and administrative violations handling on road traffic
patrol, control, and handle administrative violations related to traffic
on roads by Traffic Police

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

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

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

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;

Pursuant to Decree No. 100/2019/NĐ-CP dated December 30, 2019 of the Government stipulating administrative penalties for violations in the field of road traffic and railway traffic;

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

The Minister of Public Security issues this Circular regulating the tasks, powers, forms, contents, and procedures for traffic police patrols, inspections, and administrative violations handling on road traffic.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the tasks, powers, forms, contents, and procedures for traffic police patrols, inspections, and administrative violations handling on road traffic.

Article 2. Applicability

This Circular applies to:

1. Officers and non-commissioned officers of the Traffic Police (hereinafter referred to as Traffic Police) shall perform the tasks of patrolling, inspecting, and handling administrative violations related to road traffic (hereinafter referred to as patrolling, inspecting, and handling violations).

2. Public security units and localities.

3. Agencies, organizations, and individuals related to road traffic activities within the territory of the Socialist Republic of Vietnam.

Article 3. Requirements for Traffic Police when performing tasks of patrolling, inspecting, and handling administrative violations related to road traffic

1. Strictly comply with the provisions of the Road Traffic Law, administrative violation handling regulations, this Circular, and other relevant laws.

2. Fully and responsibly carry out assigned tasks according to the law and approved patrol and inspection plans; ensure democracy in traffic safety and order assurance work and the People's Public Security Regulations.

3. When interacting with the public and those who violate traffic laws, they must have appropriate demeanor, attitude, and cultural conduct.

4. Timely detect, prevent, and handle violations of road traffic laws and other related laws according to prescribed procedures, formalities, and authority.

5. Ensure other requirements and regulations set forth by the Ministry of Public Security.

Article 4. Appendices and forms used in patrolling, inspecting, and handling administrative violations related to road traffic

1. Issued together with this Circular: Appendix of road traffic routes assigned and classified to provincial-level police forces (hereinafter referred to as provincial police forces) for patrolling, inspecting, and handling violations.

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

a) Public announcement of the content of the patrol and inspection plan (Form No. 01);

d) Logbook for receiving information and images reflecting administrative violations concerning traffic safety and order (Form No. 04);

Chapter II

ASSIGNMENT AND CLASSIFICATION OF ROUTES AND AREAS FOR PATROLLING AND INSPECTION; TASKS, POWERS, FORMS, AND CONTENTS OF PATROLLING AND INSPECTION BY TRAFFIC POLICE

Section 1

ASSIGNMENT AND CLASSIFICATION OF ROUTES AND AREAS FOR PATROLLING AND INSPECTION

Article 5. Patrol and control routes and areas of the Traffic Police Corps

1. The Traffic Police Corps deploys forces, organizes patrols, controls, and handles violations on expressways passing through administrative boundaries of two or more centrally governed cities or provinces.

2. In necessary cases, it organizes forces to implement or take the lead in coordinating with public security units and localities, and related forces to carry out patrol and control plans approved by the Minister of Public Security and the Director of the Traffic Police Corps on national road traffic routes throughout the country.

Article 6. Patrol and control routes and areas of the Provincial Public Security Force and Centrally Governed City Public Security Force

1. The Traffic Police Department, Highway Traffic Police Department, and Highway-Railway Traffic Police Department of the provincial public security force and centrally governed city public security force (hereinafter referred to collectively as the Traffic Police Department) deploy forces, organize patrols, controls, and handle violations on road traffic routes within the administrative boundaries of their respective localities, including:

a) Expressways located entirely within the administrative boundary of one centrally governed city or province;

b) Key national highways and national highways with complex traffic order and safety situations (including bypass sections of districts, towns, centrally governed cities, and towns under counties); important road traffic routes for the socio-economic development of the locality;

In cases where road traffic routes are upgraded to national highways, new national highways are constructed, or due to changes in administrative boundaries of localities or requirements for ensuring traffic order and safety necessitate adjustments to patrol and control routes and areas, the Director of the provincial public security force (hereinafter referred to as the Provincial Public Security Director) reports to the Traffic Police Corps for consolidation and reporting to the Minister of Public Security for decision-making on the allocation and classification according to regulations;

c) Urban roads in centrally governed cities, including main roads and roads with complex traffic order and safety situations;

d) In necessary cases, it organizes forces to implement or take the lead in coordinating with county-level public security forces, town-level public security forces, and related forces to carry out patrol and control plans on road traffic routes according to the plan of the Provincial Public Security Director and the Head of the Traffic Police Department.

2. County-level public security forces deploy forces, organize patrols, controls, and handle violations on road traffic routes within the administrative boundaries, including:

a) National highways and sections of national highways not falling under the provisions of point b, Clause 1 of this Article;

b) Sections of national highways specified in point b, Clause 1 of this Article passing through towns, centrally governed cities, and towns under counties according to the plan of the Provincial Public Security Director and the Head of the Traffic Police Department;

c) Provincial roads; district roads; commune roads; special-purpose roads; urban roads not falling under the provisions of point c, Clause 1 of this Article;

d) Coordinate with the Traffic Police Department to conduct patrols, controls, and handle violations on road traffic routes within the administrative boundaries according to the plan of the Provincial Public Security Director and the Head of the Traffic Police Department.

3. Based on the provisions of Clauses 1 and 2 of this Article, the annex issued together with this Circular, and the actual situation of road traffic routes in the locality, the Provincial Public Security Director issues a decision allocating and deploying forces of the Traffic Police Department and county-level public security forces to conduct patrols, controls, and handle violations on assigned routes and areas according to regulations. The decision is sent to the Ministry of Public Security (through the Traffic Police Corps) for monitoring and guidance.

Section 2

DUTIES AND LIMITS OF TRAFFIC POLICE

IN PATROLS AND CONTROLS

Article 7. Tasks of Traffic Police in patrolling and controlling

1. Implement orders and plans for patrolling, controlling, and handling violations that have been approved by competent authorities.

2. Patrol and control to ensure traffic order and safety on roads within the assigned route and area.

3. Timely detect, prevent, and strictly handle violations related to traffic order and safety on roads and other violations as prescribed by law; cooperate with road management agencies to detect and prevent violations concerning the protection of road works and road safety zones.

4. Investigate and resolve traffic accidents according to laws and regulations of the Ministry of Public Security.

5. Proactively or collaboratively with units inside and outside the People's Public Security force to prevent, combat crimes and other law violations on road traffic routes, road transport vehicles, and participate in counter-terrorism, anti-protest disturbances, epidemic prevention, natural disaster response, firefighting, rescue operations, and handling of explosions on road traffic routes as prescribed by law.

6. Through patrol, control, and violation handling activities, perform the following tasks:

a) Identify inadequacies in state management of national security, social order, and road traffic to report, propose solutions to competent authorities, and recommend measures to relevant agencies to promptly address them;

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

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

Article 8. Powers of Traffic Police in patrolling and controlling

1. Have the right to stop road traffic vehicles (hereinafter referred to as traffic vehicles) in accordance with the Road Traffic Law, this Circular, and other relevant laws. Control persons and traffic vehicles participating in road traffic, driving licenses of traffic vehicle drivers, traffic vehicle documents, and personal identification documents of persons being controlled on traffic vehicles according to the law; control the implementation of regulations on road transport activities according to the law.

2. Apply preventive and handling measures for violations related to road traffic, social order, and other violations as prescribed by law.

3. Request agencies, organizations, individuals to cooperate and support in resolving traffic accidents, traffic congestion, traffic obstruction, or other situations causing disruption to road traffic order and safety. In urgent cases to protect national security, maintain social order and safety, or to prevent ongoing or potential societal damage, Traffic Police conducting patrol and control duties may mobilize traffic vehicles, communication equipment, and other means of transportation from agencies, organizations, individuals, and those operating such means. Mobilization can be carried out through direct requests or written notices.

4. Be equipped, installed, and use traffic vehicles, tools, technical devices, weapons, and auxiliary tools according to the law and regulations of the Ministry of Public Security.

5. Temporarily suspend travel on certain sections of the road, reassign traffic lanes, routes, and temporary parking areas when there is traffic congestion, traffic accidents, or other necessary requirements for maintaining national security, social order, and safety.

6. Exercise other powers of the People's Public Security force as prescribed by law.

Section 3

FORMS AND CONTENT OF PATROLLING AND CONTROLLING

Article 9. Forms of patrol and control

1. Mobile patrol and control

Traffic police move along the assigned routes and areas using traffic means or on foot to conduct patrols and controls according to plans approved by competent authorities, directly supervising or through the use of technical equipment to monitor, prevent, detect, promptly stop, and strictly handle violations related to road traffic and other violations as prescribed by law.

2. Control at Traffic Police Stations or at a point on the road

a) Traffic police organize forces at Traffic Police Stations or at a point on the road according to plans approved by competent authorities to carry out: Comprehensive control of road traffic vehicles; control and handling of violations during peak patrol and control periods; control and handling of violations based on specific topics; control through technical equipment; cooperation with relevant units and agencies to prevent and combat crime, ensure traffic safety and order, security, social order, and safety; perform other tasks as directed by competent authorities as prescribed by law;

b) At Traffic Police Stations, technical equipment for recording images in the control area shall be installed and used. On the road, a location with a wide, unobstructed view that complies with legal regulations shall be selected. When conducting control at night, there must be lighting to ensure sufficient illumination.

3. Combination of mobile patrol and control with control at a point or at a Traffic Police Station

When conducting mobile patrol and control, control can be carried out at a point on the road or at a Traffic Police Station, or when controlling at a point on the road or at a Traffic Police Station, mobile patrol and control can also be conducted but must be clearly stated in the approved patrol and control plan.

Article 10. Contents of patrol and control

1. Contents of patrol

a) Supervise and grasp the situation of traffic order and safety on road traffic routes, compliance with laws on road traffic and other relevant legal provisions by persons and vehicles participating in traffic. Promptly detect, prevent, and handle violations of road traffic laws and other violations as prescribed by law;

b) Guide, direct, and resolve traffic congestion or cooperate in resolving traffic congestion and incidents on road traffic routes during patrol and control;

c) Carry out other work contents assigned by competent authorities as prescribed by law. The contents of patrol must be reflected in the approved patrol and control plan.

2. Contents of control

a) Check documents related to persons and traffic vehicles, including: Driver's license; Certificate of legal knowledge training on road traffic; License or Certificate for operating special-purpose motor vehicles; Vehicle registration certificate; Certificate of technical inspection and environmental protection for motor vehicles and special-purpose motor vehicles (for types of vehicles required to undergo inspection); Certificate of compulsory civil liability insurance for motor vehicle owners and other related documents as prescribed by law;

b) Check the conditions for participating in traffic of traffic vehicles Conduct checks in sequence from front to back, left to right, outside to inside, top to bottom;

Check the shape, external dimensions, paint color, front and rear license plates, and side plates of traffic vehicles as prescribed;

Check the technical safety conditions and environmental protection of road motor vehicles and special-purpose motor vehicles;

c) Check compliance with legal provisions on road transport activities.

Article 11. Uniforms; means of transportation; technical equipment and weapons, support tools of traffic police forces

1. Uniforms of traffic police

a) Traffic police when patrolling, inspecting, and handling violations shall wear police uniforms and display public security force identification numbers as prescribed by the Ministry of Public Security. When inspecting at night or under conditions of poor visibility due to foggy weather or bad weather during the day, reflective vests must be worn.

b) In cases where inspections are conducted through technical equipment, a unit of traffic police in civilian clothes may be assigned to operate and use such equipment, monitor traffic order and safety, detect violations of road traffic laws and other laws. Upon detecting a violation, they must immediately inform the patrol and inspection units to proceed with control and handling according to the law.

The Head of the Road Traffic Patrol and Inspection Guidance Department under the Traffic Police Corps (hereinafter referred to as the Head of the Road Traffic Patrol and Inspection Guidance Department), the Head of the Traffic Police Department, the Head of the Police Department of districts, cities under provinces, centrally governed cities (hereinafter collectively referred to as the Head of the District Police Department) and above decide on wearing police uniforms or civilian clothes when using technical equipment and must clearly record this in the patrol and inspection plan.

2. Means of transportation: patrol and inspection cars, motorcycles, special-purpose vehicles, bicycles

a) Patrol and inspection cars, motorcycles (white paint), special-purpose vehicles, have bilingual text "Traffic Police" (Vietnamese and English), equipped with police lights, flags, sirens according to legal regulations;

b) Both sides of patrol and inspection cars have reflective blue stripes, with the white text "CẢNH SÁT GIAO THÔNG" (reflective material) in the center, with a character size of 10cm x 10cm, stroke width of 03cm, evenly distributed on both sides of the car; the front doors have the blue text "TRAFFIC POLICE" (reflective material), maximum font size two-thirds that of "CẢNH SÁT GIAO THÔNG", and the traffic police emblem between "TRAFFIC" and "POLICE". Depending on the type of vehicle, the distance between characters and words should be arranged for balance and suitability;

c) On both sides of the fuel tank or both sides of the motorcycle body or both sides of the motorcycle trunk, there is the blue text "C.S.G.T" (reflective material) above, and the blue text "TRAFFIC POLICE" (reflective material) below, with the maximum font size being two-thirds that of "C.S.G.T". Depending on the type of vehicle, the font size and spacing between characters should be arranged for balance and suitability;

d) Priority signal horns are used according to legal regulations. Priority signal lights are continuously used in the following situations: mobile patrols and inspections; patrols and inspections at night or under conditions of poor visibility due to foggy weather or bad weather during the day.

3. Technical equipment, including: road traffic surveillance and violation processing system (hereinafter referred to as the surveillance system); truck weight checking scales; speed measuring devices with image recording; audio and video recording devices; breath alcohol concentration measuring devices; drug testing devices; counterfeit document detection devices; satellite positioning devices; radiation measurement devices; chemical marking devices; data extraction devices from vehicle tracking systems; tire pressure measuring devices for motor vehicles; tire tread height measuring devices for motor vehicles; brake efficiency measuring devices for motor vehicles; noise measuring devices; exhaust gas concentration measuring devices for motor vehicles; sound level measuring devices; light intensity measuring devices; steering wheel angle measuring devices for motor vehicles;

Technical equipment is installed and used openly or disguised on road traffic routes, at traffic police stations, on patrol and inspection vehicles, equipped for traffic police teams, directly operated and used by traffic police officers to detect and record violations by persons and vehicles participating in road traffic.

4. Weapons and support tools, including: short guns, rifles, submachine guns, rubber bullets, pepper spray guns, paintball guns, pepper spray cans, electric batons, bulletproof vests, handcuffs.

5. Communication equipment, including: walkie-talkies, telephones, fax machines, data storage and transmission computers, printers.

6. Traffic direction sticks, whistles, loudspeakers, cone barriers, traffic signs, tension ropes, lighting lamps, road accident investigation bags.

7. Other technical equipment, weapons, and support tools are provided according to legal provisions and the Ministry of Public Security.

8. The provision, installation, and use of patrol and inspection vehicles, technical equipment, weapons, and support tools must comply with legal regulations.

Chapter III

PROCEDURE FOR PATROLLING, INSPECTING, AND HANDLING VIOLATIONS

Section 1

ISSUANCE OF PATROL AND INSPECTION PLANS AND PUBLIC ANNOUNCEMENT OF THE PLANS

Article 12. Competence to issue patrol and control plans of the Traffic Police Corps

1. The Director of the Traffic Police Corps:

a) Advises, directs, guides, inspects, and urges patrol and control activities, and handling of violations within the entire country;

b) Advises the Minister of Public Security to issue plans or directly issues plans for implementation within the entire country as follows: Comprehensive inspection plan for road traffic vehicles; High point patrol and control plan to handle violations; Special topic patrol and control plan to handle violations; Patrol and control plan to handle violations on expressways; Plan to coordinate with related units and agencies to ensure traffic order, safety, public security, and social safety.

2. The Head of the Traffic Patrol and Control Guidance Department:

a) Advises the Director of the Traffic Police Corps to carry out tasks stipulated in Clause 1 of this Article;

b) Develops plans to organize the implementation of plans specified in Point b, Clause 1 of this Article;

c) Develops plans to organize regular or sudden patrols, controls, and handling of violations on assigned routes and areas;

d) Approves the weekly work plans of the Expressway Traffic Patrol and Control Teams under its jurisdiction.

3. The Head of the Expressway Traffic Patrol and Control Team:

a) Advises the Head of the Traffic Patrol and Control Guidance Department to carry out the task stipulated in Point c, Clause 2 of this Article;

b) Develops the weekly work plan (in accordance with the model prescribed by the Ministry of Public Security) of the unit to implement the plans as prescribed, submitting it to the Head of the Traffic Patrol and Control Guidance Department for approval;

c) Based on the approved weekly work plan, develops plans for Traffic Police Units (in accordance with the model prescribed by the Ministry of Public Security) of the unit and deploys them to each team before implementation; Only one plan can be developed for each Traffic Police Unit; a new plan can only be developed after the completion of the previous plan.

Article 13. Competence to issue patrol and control plans of the Provincial Police Force

1. The Director of the Provincial Police Force:

a) Directs the local traffic police force to patrol, control, and handle violations within their management scope;

b) Directs and coordinates with the patrol and control forces of the Traffic Police Corps when required;

c) Issues patrol and control plans to handle violations as prescribed at Point b, Clause 1 of this Article within the management scope.

2. The Head of the Traffic Police Department:

a) Advises the Director of the Provincial Police Force to carry out tasks stipulated in Clause 1 of this Article;

b) Guides, inspects, and urges the county-level traffic police force to carry out patrols, controls, and handling of violations;

c) Develops plans to organize the implementation of plans prescribed at Point c, Clause 1 of this Article;

d) Develops plans to organize regular or sudden patrols, controls, and handling of violations on assigned routes and areas;

đ) Approves the weekly work plans of the Traffic Police Teams, Road Traffic Police Teams, Patrol and Escort Teams, and Traffic Police Stations under its jurisdiction.

3. The Head of the County Police Force:

a) Develops plans to organize the implementation of plans prescribed at Point c, Clause 1 of this Article;

b) Develops plans to organize regular or sudden patrols, controls, and handling of violations on assigned routes and areas;

c) Approves the weekly work plans of the Traffic Police and Order Maintenance Teams under its jurisdiction.

4. The Heads of the Traffic Police Teams, Road Traffic Police Teams, Traffic Police and Order Maintenance Teams, Patrol and Escort Teams, and the Heads of the Traffic Police Stations:

a) Advises the Head of the Traffic Police Department or the Head of the County Police Force to carry out the task stipulated at Point d, Clause 2 or Point b, Clause 3 of this Article;

b) Develops the weekly work plan (in accordance with the model prescribed by the Ministry of Public Security) of the unit to implement the plans as prescribed, submitting it to the Head of the Traffic Police Department or the Head of the County Police Force for approval;

c) Based on the approved weekly work plan, develops plans for Traffic Police Units (in accordance with the model prescribed by the Ministry of Public Security) of the unit and deploys them to each team before implementation; Only one plan can be developed for each Traffic Police Unit; a new plan can only be developed after the completion of the previous plan.

Article 14. Public announcement of patrol and control plans

1. The Head of the Traffic Police Patrol and Control Guidance Department, the Head of the Traffic Police Department, and the Head of the County Police have the responsibility to publicly announce patrol and control plans according to the Ministry of Public Security's regulations on implementing democracy in traffic safety assurance work, including:

a) Comprehensive inspection plan for road traffic vehicles;

b) Patrol and control plan for specialized traffic violations;

c) Regular patrol and control plan for handling violations on assigned routes and areas.

2. Forms of public announcement

a) Posting at the unit’s reception office for citizens;

b) Publishing on the Traffic Police Inspectorate’s website or the provincial police portal, Traffic Police Department;

c) Announcing through mass media;

d) Applying other forms of public announcement as prescribed by law.

3. Content of public announcement (according to Model No. 01 issued together with this Circular)

a) Units responsible for patrol, control, and violation handling;

b) Routes for patrol, control, and violation handling;

c) Types of vehicles and violation behaviors subject to control and handling;

d) Time frame for implementation of the plan.

Article 15. Implementation of patrol and control plans

1. Team Leader of the Traffic Police Team: Before conducting patrols and controls, the Team Leader must brief and ensure understanding among team members regarding the content of the patrol and control plan and related matters; check preparations for patrol and control activities, roll call, uniforms, identification numbers of People's Police, traffic control certificates, internal orders, traffic equipment, technical devices, weapons, and support tools; relevant forms; reiterate positions, tasks of each member; issue orders to commence patrols and controls when all conditions are fully met and safe.

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

3. Traffic equipment, technical devices, weapons, and support tools provided to a Traffic Police Team must be managed and used in accordance with the law; they must be specifically recorded in the Traffic Equipment Handover and Usage Log (as prescribed by the Ministry of Public Security).

Section 2

CONDUCTING PATROLS, CONTROLS, AND VIOLATION HANDLING

Article 16. Stopping traffic vehicles for inspection

1. Traffic police officers performing patrol and control duties according to the plan may stop traffic vehicles for inspection in the following cases:

a) Directly discovering or through technical devices detecting and recording violations of traffic laws and other laws;

b) Implementing orders and comprehensive inspection plans for road traffic vehicles, specialized patrol and control plans approved by competent authorities;

c) Written requests from heads or deputy heads of investigation agencies or related functional agencies requesting to stop traffic vehicles for inspection to ensure security, order, crime prevention, and other law violations. Such requests must specify time, route, vehicles to be inspected, and participating forces;

d) Reports, reflections, suggestions, or accusations from organizations or individuals regarding violations by persons and vehicles involved in road traffic.

2. Stopping and inspecting traffic vehicles must meet the following requirements:

a) Safety, compliance with legal provisions, without hindering traffic operations. Once a vehicle is stopped, it must be inspected and violations handled (if any) according to the law;

b) When stopping and inspecting at a single point or at a Traffic Police Station, the requirements set out in point a of this Clause and the following requirement must be met:

Setting up barriers using cone-shaped posts or ropes along the road edge or sidewalk to form a traffic safety zone as prescribed by the Ministry of Public Security on implementing democracy in traffic safety assurance work. The minimum length of the barrier is 100 meters for expressways, 50 meters for national highways, and 30 meters for provincial, county, urban, and rural roads and special-purpose roads;

The traffic safety zone must comply with traffic laws and other relevant laws; sufficient area must be available to arrange technical devices, inspect, and handle traffic violations; traffic police officers must guide and regulate traffic to ensure safety. In the case of inspections on expressways, warning signs number 245a "Slow Down" or sign number 245b (for international routes) must be placed ahead of the Traffic Police Team in the direction of the traffic flow to be inspected according to the Road Sign Regulations;

c) When stopping and inspecting traffic vehicles on expressways, the requirements set out in points a and b of this Clause and the following requirement must be met:

Inspections at a single point can only stop vehicles for inspection and violation handling at locations: Tollgate areas, start and end points of expressways;

When patrolling and mobile traffic control, vehicles may only be stopped in the emergency vehicle lane for inspection and handling violations in the following cases: Serious traffic order and safety violations that pose an immediate risk to traffic safety; cooperation in combating crime; reports or accusations of illegal acts by persons or vehicles currently traveling on expressways; discovery of vehicles improperly parked or stopped on expressways. After resolving the incident, traffic cones, barriers, and warning signs must be immediately removed and relocated.

Article 17. Traffic Vehicle Stop Command

1. The traffic vehicle stop command of traffic police shall be implemented through one of the following signals or a combination of these signals simultaneously:

a) Traffic direction batons, whistles, loudspeakers, and priority signals of patrol and control vehicles;

b) Other signals prescribed by law, including warning signs, traffic cones, and barriers.

2. Traffic vehicle stop command when inspecting at a traffic police station or at a point on the road:

a) Traffic police select an appropriate position, stand at attention facing the vehicle to be inspected; issue the stop command from a safe distance; hold the traffic direction baton with the right hand and point it towards the vehicle to be inspected while blowing the whistle decisively, guiding the driver of the vehicle to be inspected to stop at an appropriate location for inspection;

b) The driver of the vehicle upon receiving the signal must reduce speed and stop the vehicle at the location directed by the traffic police.

3. Traffic vehicle stop command when seated in a mobile patrol and control vehicle:

a) In the case where the patrol and control vehicle travels in the same direction and ahead of the vehicle to be inspected

The traffic police hold the traffic direction baton and extend it horizontally to the right or left side of the patrol and control vehicle (depending on the part of the road and lane where the vehicle to be inspected is traveling), then raise it vertically perpendicular to the ground; use the loudspeaker and emit the priority signal of the patrol and control vehicle, guiding the driver of the vehicle to be inspected to stop at an appropriate location for inspection;

The driver of the vehicle upon receiving the signal must reduce speed and stop the vehicle at the location directed by the traffic police;

b) In the case where the patrol and control vehicle travels in the same direction and behind the vehicle to be inspected

The traffic police use the loudspeaker and emit the priority signal of the patrol and control vehicle; guide the driver of the vehicle to be inspected to stop at an appropriate location for inspection;

The driver of the vehicle upon receiving the signal must reduce speed and stop the vehicle at the location directed by the traffic police.

Article 18. Conducting Control

When the traffic vehicle to be controlled has stopped at the designated position according to instructions, the traffic police officer assigned to conduct the control shall stand in a suitable and safe position and proceed as follows:

1. Inform and request the driver of the traffic vehicle to take safety measures, get off the vehicle, and present relevant documents as prescribed.

2. Perform the salute as stipulated in the Regulation on People's Police or verbally greet with "Hello sir/madam, Mr./Ms..." (except in cases where it is known beforehand that the person is committing a criminal act, committing a crime in flagrante delicto, or is under arrest warrant), then state: "We request sir/madam, Mr./Ms... to allow us to inspect the relevant documents and control the traffic vehicle."

3. Upon receiving the documents (if any), inform the driver and other persons on the traffic vehicle about the reasons for the inspection, then proceed to inspect the contents as specified in Clause 2 of Article 10 of this Circular.

4. After completing the inspection, the traffic police officer reports the results of the inspection to the Team Leader, informs the driver and other persons on the traffic vehicle about the results of the inspection, any violations (if any), the measures taken, and says: "Thank you sir/madam, Mr./Ms... for cooperating with the traffic police force to ensure traffic order and safety." For vehicles carrying ten or more passengers, directly enter the passenger compartment to conduct the inspection and report the results of the inspection.

5. If there is evidence that the person involved in traffic, the transport vehicle, or objects are concealing evidence, means, or materials used in administrative violations, they may be searched according to the provisions of the law on handling administrative violations.

6. In case of discovering signs of criminal offenses, proceed according to the provisions of the law on criminal procedure.

1. Traffic police operate and use technical means and equipment in accordance with the law to detect, record traffic law violations committed by persons and vehicles participating in road traffic, organize inspections, and handle violations according to the law. The driver of the traffic vehicle has the responsibility to cooperate with the traffic police's requests for inspection and control through technical means and equipment.

2. The results recorded by technical means and equipment include images, printed sheets, measurement readings, data stored in the memory of the technical means and equipment; these are compiled into lists, printed as records of violations, and kept in the administrative violation case file according to the law and the Ministry of Public Security's regulations on case files.

a) Organize forces to stop traffic vehicles for inspection and handling of violations according to the law. If the violator requests to view the images and recorded results of the violation, show them if the images and recorded results are available there; if not, guide the violator to view the images and recorded results when coming to the unit for handling the violation.

b) In cases where the traffic vehicle cannot be stopped immediately for inspection and handling of violations, proceed as follows:

Within five working days from the date of detecting the violation, the authorized penalty enforcement authority verifies information about the traffic vehicle, the owner of the traffic vehicle (hereinafter referred to as the vehicle owner), sends a written notice requiring the vehicle owner and related individuals or organizations (if any) to come to the police station where the violation was detected to resolve the violation matter (according to Form No. 02 issued together with this Circular). Update the information of the violating traffic vehicle (type of vehicle; license plate number, color of license plate; time and place of violation; unit detecting the violation; contact phone number for handling the violation) into the software on the Traffic Police Corps' website (for the vehicle owner and violator to know and come to resolve the matter according to regulations) and the database software of the monitoring system to identify and warn of violating traffic vehicles (for units and localities equipped with such systems).

If within fifteen working days from the date of sending the violation notice, the vehicle owner or the driver of the traffic vehicle who committed the violation has not come to the police station issuing the violation notice to resolve the violation matter, the authorized penalty enforcement authority will continue to send the notice to the commune, ward, town police station (hereinafter collectively referred to as the commune-level police station) where the vehicle owner resides, studies, works, or where the main office is located; simultaneously, send the notice to the inspection agency (for vehicle owners of cars, trailers, semi-trailers, special-purpose motorcycles) to coordinate in implementing the Government Decree on Administrative Penalties in Road Traffic and Railways.

The commune-level police station is responsible for inviting the vehicle owner to the unit's headquarters to receive the notice and request them to come to the police station issuing the violation notice to resolve the violation matter; report the results of the work to the police station issuing the violation notice (according to Form No. 03 issued together with this Circular).

After the violator has come to the police station issuing the violation notice to resolve the violation matter as required, the authorized penalty enforcement authority must immediately notify the inspection agency; at the same time, update the information on penalties imposed into the software on the Traffic Police Corps' website and the database software of the monitoring system to end the warning of the violating traffic vehicle.

The handling of administrative violations shall be carried out in accordance with the provisions of the law on handling administrative violations and the following provisions:

1. Handling violations during patrol and control

a) Imposing administrative penalties without making a record: Implementing an on-the-spot administrative penalty decision according to regulations. In cases where the individual or organization committing the violation has not immediately executed the penalty decision, temporarily holding related documents according to regulations to ensure compliance with the administrative penalty decision;

b) Imposing administrative penalties with a record: Implementing the creation of an administrative violation record according to regulations. After completing the administrative violation record, guiding and requesting the violator or representative of the violating organization (hereinafter referred to collectively as the violator) to provide contact information for receiving information and being penalized through the National Public Service Portal, signing the record, and handing over one copy to them; if there are witnesses, victims, or representatives of organizations that have been harmed, they must also sign the record; in cases where the violator is not present at the scene of the violation or deliberately avoids it or for objective reasons does not sign the record, the Traffic Police Team Leader invites a representative of the local authority where the violation occurred or two witnesses to sign the record;

If the violator, witness, victim, or representative of the organization that has been harmed refuses to sign, the traffic police officer must clearly state the reason in the record and report in writing to the head of the unit for the person with authority to consider and decide on the penalty;

2. Applying measures to prevent administrative violations and ensuring the handling of administrative violations

a) In cases where immediate action is needed to stop the violation or to ensure the execution of the penalty decision, the Traffic Police Team Leader must decide or report to the person with authority to decide on applying preventive measures according to the law;

b) When discovering a violation that requires the temporary detention of evidence or means of transportation involved in the administrative violation, informing the violator and those present about it, proceeding to create an administrative violation record; issuing a temporary detention decision or reporting to the person with authority to issue a temporary detention decision for evidence or means of transportation according to the law; creating a temporary detention record for evidence or means of transportation. In cases where the detained evidence or means of transportation must be sealed, sealing them according to the law;

In cases where there is a basis to believe that if not detained immediately, the evidence or means of transportation involved in the administrative violation will be disposed of or destroyed, the direct superior of the traffic police officers on duty must immediately detain the evidence or means of transportation involved in the administrative violation. Within 24 hours from the time of creating the record, the person who created the record must report to their superior, who has the authority to make a temporary detention decision, for consideration and issuance of a temporary detention decision; for perishable goods as evidence, an immediate report must be made to the direct superior for handling. In cases where a temporary detention decision is not issued, the detained evidence or means of transportation must be returned;

In cases where, when temporarily detaining evidence or means of transportation involved in the administrative violation, the driver of the means of transportation is not present at the scene of the violation or deliberately avoids it, obstructs, or fails to comply, a temporary detention record is created with signatures confirming from two witnesses, a temporary detention decision is issued according to regulations; using technical equipment (cameras, video cameras) to record images of the evidence or means of transportation; using methods (directly driving, towing) or hiring organizations or individuals to drive, tow the evidence or means of transportation to the place of temporary detention; verifying and sending a notice to the owner of the means of transportation, requiring the violator to come to resolve the matter (according to Model No. 02 issued together with this Circular); the violator must bear all costs for hiring the transport of the evidence or means of transportation to the place of temporary detention according to the law;

In cases where the means of transportation involved in the administrative violation is entrusted to the violator's management and preservation to ensure the execution of the penalty decision, it shall be implemented according to the Government's regulations on managing and preserving evidence or means of transportation involved in administrative violations that are temporarily detained according to administrative procedures;

c) Temporarily holding related documents of the person, evidence, or means of transportation involved in the administrative violation: In cases where only a fine is imposed, temporarily holding one of the following types of documents in order (unless these documents show signs of forgery and need to be verified to clarify the violation, additional related documents can be held): Driver's license; Certificate of Traffic Law Knowledge Training; Vehicle Registration Certificate; Certificate of Technical Safety Inspection and Environmental Protection for Motor Vehicles (for vehicles that require inspection); other related documents according to the law to ensure compliance with the penalty decision. When temporarily holding documents, a record must be created according to regulations;

a) Organizing work to address violations: Units and localities authorized to handle violations shall arrange traffic police officers and locations for handling and addressing violations in accordance with the law and regulations of the Ministry of Public Security.

The location for resolving violation cases should be arranged in a convenient position, with suitable area, solemnity, seating for people coming to resolve matters; posting a guide map to the workplace, public reception schedule; nameplate of the staff performing the task; phone number; public reception rules; suggestion box and contents of some relevant documents related to patrol, control, and handling traffic violations;

Receiving administrative violation records from the violator and comparing them with the violation file (in cases where the administrative violation record is lost, carefully compare the personal information of the violator with the violation file); not resolving cases for intermediaries (except in cases authorized by law) or outside the designated location for handling administrative violations by the unit;

Announcing the form, level of penalty, preventive measures, other measures, and results recorded of the violation behavior through technical equipment according to regulations;

Issue the administrative penalty decision to the person subject to punishment or their lawful representative, authorized person; Receive, check, and compare the receipt for payment of fines (or other collection/payment documents as prescribed by law) with the administrative violation file and retain the file.

Return the seized items, means of transport, and documents to the violator or the owner of the seized items, means of transport, or the representative of the organization recorded in the administrative violation seizure decision as prescribed by law (except in cases where the right to use is revoked or confiscated). If the individuals or organizations mentioned above authorize another person to collect the seized items, means of transport, or documents, they must provide a power of attorney as prescribed by law. When returning seized items or means of transport, there must be a decision and a record made as prescribed; when returning seized documents, a record must be made as prescribed.

In cases of handling administrative violations based on traffic order and safety violation notices: Check and compare information on the notice and personal identification documents; allow the violator to view the results recorded of the violation using technical equipment; prepare an administrative violation record and handle the violation according to the regulations.

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

Article 21. Recording in the Traffic Patrol and Control Plan and Logbook

1. After resolving each individual case of violation, it must be immediately recorded in the Traffic Patrol and Control Plan and Logbook.

2. Cases should be briefly, clearly, and continuously recorded in chronological order, including: Time (hours, minutes, date); location (kilometers, place name, route, area); inspection of vehicles, license plates, vehicle drivers; violation behavior; measures taken by traffic police: Warning, decision to impose a warning penalty, fine (serial number), completed record (serial number), application of preventive measures, other measures; traffic accidents, traffic congestion, criminal activities, and other incidents.

Article 22. Conclusion of patrol and control

Upon completion of the patrol and control period, the Traffic Police Team must perform the following tasks:

1. The team leader must convene a meeting to review experiences, comment, evaluate strengths, weaknesses, propose recommendations, and record these in the Traffic Patrol and Control Plan and Logbook regarding traffic order and safety conditions, inspection and handling results, related issues, sign confirmation.

2. Report the situation and results of the team.

3. Hand over to the unit’s management officer: Files of administrative violation cases, seized documents, means of transport, and items, on-the-spot fines, collected materials and images using technical equipment or other means; traffic means of transport, technical equipment, weapons, support tools, and other equipment. The handover must be recorded as prescribed, signed by both the giver and receiver, stating full names, and both parties must bear responsibility before the unit head for the handover.

Section 3

MOBILIZE RESOURCES TO COOPERATE IN PATROLLING, CONTROLLING, AND HANDLING VIOLATIONS; RECEIVE AND HANDLE ROAD TRAFFIC ADMINISTRATIVE VIOLATIONS

Article 23. Mobilizing other police forces and commune-level public security organs to cooperate in patrolling, inspecting, and handling violations

1. In cases where it is necessary to mobilize other police forces and commune-level public security organs to cooperate with traffic police in participating in patrols, inspections, and handling violations related to road traffic, such actions shall be carried out in accordance with relevant laws and the following provisions:

a) There must be a decision or plan for mobilization issued by the competent authority in accordance with the regulations. The content of the decision or plan must clearly specify the forces, quantity required to be mobilized, time, area of mobilization, specific tasks of traffic police, other police forces, and commune-level public security organs participating in cooperative patrols and inspections.

b) Before implementation, all participating forces must be thoroughly briefed on the relevant laws concerning road traffic, administrative violation handling in the field of road traffic; regulations on road traffic patrol and inspection; the content of the plan; strategies, skills for resolving and handling possible situations.

Article 24. Receiving, verifying information and images reflecting violations of road traffic order and safety provided by organizations or individuals or posted on mass media and social networks

1. Information and images reflecting violations of road traffic order and safety (hereinafter referred to as "information and images") are received from the following sources:

a) Recorded by technical equipment of organizations or individuals (not specialized technical equipment).

b) Posted on mass media and social networks.

2. Information and images serving as grounds for verifying and discovering administrative violations must objectively reflect the time, location, subject, and violation behavior stipulated in the Government's Decree on penalties for administrative violations in the field of road traffic and railway, and still within the statute of limitations for administrative violation penalties as prescribed by law.

3. When organizations or individuals record information and images, they may provide them to the traffic police unit where the incident occurred through email, postal service, or directly at the unit's office. Organizations or individuals must provide their full name, address, and contact phone number (if available), and bear legal responsibility for the authenticity of the provided information and images.

4. Receiving and processing information and images

a) Receiving information and images: The Traffic Patrol and Inspection Guidance Room; Traffic Police Room; Traffic Police and Order Control Team of the county-level Public Security organ are responsible for: Notifying the location and email box for receiving information and images for the public to provide; Organizing a 24/24-hour duty shift to receive information and images; Ensuring the confidentiality of the name, address, contact phone number, signature, and other information of organizations or individuals who have provided information and images.

b) Processing information and images: When receiving information and images, traffic police officers must review and classify them. If they meet the conditions specified in Clause 2 and Clause 3 of this Article, they must record them in a logbook (according to Model No. 04 issued together with this Circular) and report to the competent authority to implement as follows: In cases where the information and images reflect ongoing violations of road traffic order and safety on the route or area under their jurisdiction, organize forces to stop vehicles, inspect, discover, and handle violations according to regulations. In cases where vehicles cannot be stopped for inspection or the reported violation has ended, take measures to verify and handle according to the law. In cases not within the jurisdiction of the unit, notify the competent traffic police unit to take verification and handling measures according to the law.

5. Verifying, collecting evidence and circumstances to determine administrative violations and handling violations

Conduct verification of information about the vehicle, the vehicle owner; send a notification to invite the vehicle owner and driver to the police station to clarify the case (according to Model No. 05 issued together with this Circular). In cases where the vehicle owner and driver have not arrived at the police station within 15 working days from the date of sending the notification, the authorized person to impose penalties shall continue to send the notification to the commune-level public security organ according to point b, Clause 3, Article 19 of this Circular;

Work with organizations or individuals related to the case, witnesses, and those who know about the occurrence of the case; send a document to the news agency that published the information and images, requesting them to provide the published information and images;

Directly verify or cooperate with the commune-level public security organ to verify the case;

Request expert examination of information, images, and related documents; Other forms as prescribed by law;

b) When working with the vehicle owner, driver, and related individuals or organizations, a record must be made. All collected materials and circumstances to determine administrative violations related to road traffic order and safety must be kept in the administrative violation penalty case file in accordance with the law and regulations of the Ministry of Public Security;

c) Based on the results of verification and collected materials and circumstances, the authorized person to impose penalties shall proceed as follows:

In cases where the information and images accurately reflect violations of administrative law, the authorized person to impose penalties shall establish an administrative violation record and issue a penalty decision for the violation within their authority or report to the authorized person to impose penalties according to the law on administrative violation handling. Follow the procedures for handling violations as stipulated in point b, Clause 3, Article 20 of this Circular.

In case the information or images show signs of being fake, the entire file shall be transferred to the competent authority for handling in accordance with the provisions of the law.

In case the information or images provided by organizations or individuals, upon verification, are found not to involve any violation or there is insufficient evidence to determine such a violation, the file shall be concluded and stored in accordance with the regulations.

Article 25. Receiving results obtained from technical equipment and devices for traffic management and operation managed, operated, and maintained by organizations responsible for managing, operating, and maintaining road traffic infrastructure

1. Traffic Police units assigned the task of patrolling and controlling along their designated routes and areas shall cooperate with organizations responsible for managing, operating, and maintaining road traffic infrastructure to carry out the following:

a) Cooperate in exploiting and using traffic management and operation data of organizations responsible for managing, operating, and maintaining road traffic infrastructure to serve the work of ensuring traffic order and safety and combating criminal activities on traffic routes as prescribed by law;

In case the traffic vehicle violating the rules is circulating within the designated route or area, the head of the Traffic Police unit with the authority shall organize forces to stop the traffic vehicle, inspect, and handle the violation according to the law;

In case the traffic vehicle violating the rules has moved to another route or area, the head of the Traffic Police unit with the authority shall verify information about the traffic vehicle and its owner, issue a violation notice, and handle the violation according to point b, Clause 3, Article 19 of this Circular;

2. The technical equipment and devices specified in point b, Clause 1 of this Article must be managed and used in accordance with the Law on Handling Administrative Violations; Government Decrees on the management, use, and list of technical equipment and devices used to detect administrative violations related to traffic order and safety; Government Decrees on administrative penalties in the field of road traffic and railway traffic.

3. When receiving results obtained from technical equipment and devices provided by organizations responsible for managing, operating, and maintaining road traffic infrastructure (including photographs, images, printed sheets, measurement indices, data stored in the memory of technical equipment and devices), they must be recorded in the tracking logbook, signed off, and kept in the administrative penalty file according to the regulations.

Chapter IV

IMPLEMENTING PROVISIONS

Article 26. Effective date

This Circular takes effect from August 5, 2020, and replaces Circular No. 01/2016/TT-BCA dated January 4, 2016, issued by the Minister of Public Security, stipulating the tasks, powers, forms, and contents of traffic patrols and controls conducted by Traffic Police on road traffic.

Article 27. Responsibility for Implementation

1. The Director of the Traffic Police Corps is responsible for directing, guiding, inspecting, and urging the implementation of this Circular.

2. The Provincial Public Security Chief is responsible for directing and organizing the implementation of patrol and control work and handling violations as prescribed in this Circular.

3. The heads of subordinate units under the Ministry of Public Security and the Provincial Public Security Chiefs are responsible for implementing this Circular. During the implementation process, if there are difficulties or obstacles, local public security units shall report to the Ministry of Public Security (through the Traffic Police Corps) for timely guidance.