Circular No. 67/2019/TT-BCA on implementing democracy in traffic order and safety assurance work

CIRCULAR
Regulations on Implementing Democracy in Traffic Order and Safety Work

Pursuant to the Law on Access to Information dated April 6, 2016;

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

Pursuant to Resolution No. 55/NQ-UBTVQH10 dated August 30, 1998 of the Standing Committee of the National Assembly on the issuance of the Code of Conduct for Implementing Democracy in the Activities of State Agencies;

Pursuant to Decree No. 04/2015/NĐ-CP dated January 9, 2015 of the Government on implementing democracy in the activities of administrative state agencies and public service units;

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

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

The Minister of Public Security promulgates this Circular stipulating the implementation of democracy in traffic order and safety work.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates the purpose, principles, and contents of implementing democracy in traffic order and safety work.

2. This Circular applies to:

a) Police officers, non-commissioned officers, and soldiers of the People's Public Security (hereinafter referred to as police officers and soldiers);

b) Public security units and localities (hereinafter referred to as public security agencies);

c) Agencies, organizations, and individuals related to traffic order and safety work.

Article 2. Purpose of Implementing Democracy in Traffic Order and Safety Work

1. Ensuring the rights and legitimate interests of agencies, organizations, and individuals; promoting the people's right to exercise control over traffic order and safety activities.

2. Enhancing the quality and effectiveness, meeting the practical requirements of traffic order and safety work, contributing to building a revolutionary, regular, efficient, and increasingly modern People's Public Security force for the service of the people.

Article 3. Principles of Implementing Democracy in Traffic Order and Safety Work

1. Adhering to the Constitution, laws, and regulations of the Ministry of Public Security; combining rights with obligations, ensuring democracy while maintaining order and discipline.

2. Policies and regulations concerning traffic order and safety work shall be transparent and implemented according to the procedures and formalities prescribed by law.

3. Strictly handling acts that abuse democracy to violate laws, infringe upon national security, social order, and public safety; obstruct or resist public officials in the performance of their duties; infringe upon the rights and legitimate interests of agencies, organizations, and individuals.

Article 4. Definitions

1. Contents of implementing democracy in traffic order and safety work include: patrolling, inspecting, and penalizing administrative violations; registering and issuing vehicle license plates; directing and controlling traffic; investigating and resolving traffic accidents.

Chapter II
SPECIFIC PROVISIONS

Article 5. Content of Transparency of the People's Public Security in Traffic Order and Safety Work

1. In patrol, inspection, and administrative violation handling work:

a) Procedures for patrolling, inspecting, and penalizing administrative violations;

đ) Duties and powers of police officers and soldiers when performing patrol and inspection tasks and administrative violation penalties;

e) Rights and obligations of citizens when police officers and soldiers conduct inspections, controls, and administrative violation penalties.

2. Vehicle registration and license plate issuance work:

a) Procedures and formalities for vehicle registration and license plate issuance;

đ) Violations and penalties for violations related to vehicle registration and license plate issuance;

e) Responsibilities of the public security agency and police officers and soldiers involved in vehicle registration;

g) Rights and obligations of citizens when complying with vehicle registration and license plate issuance regulations.

3. Traffic direction and control work:

a) Procedures for traffic direction and control;

c) Duties and powers of police officers and soldiers when performing traffic direction and control tasks;

d) Routes restricting or prohibiting certain types of vehicles due to requirements for public security, social order, and public safety.

a) Procedures for traffic accident investigation and resolution;

b) Duties and powers of police officers and soldiers when conducting traffic accident investigations and resolutions;

c) Responsibilities of individuals, agencies, and organizations when traffic accidents occur.

Article 6. Forms of Public Disclosure by the People's Police

Depending on the characteristics, nature, and content to be disclosed, the Public Security agency shall apply one, several, or all of the following forms of disclosure:

2. Publishing in the Official Gazette.

3. Displaying at the police agency’s headquarters.

4. Disclosing through mass media.

5. Through citizen reception activities; press conferences; press releases; spokesperson activities within the People's Police force as prescribed by law.

Article 7. Matters for Citizens to Provide Opinions on Traffic Order and Safety Assurance Activities

1. Providing opinions on policies, measures, and initiatives contributing to traffic order and safety assurance.

2. Providing opinions on draft regulatory legal documents concerning traffic order and safety assurance activities (for documents that must seek public opinion according to the law).

3. Providing opinions on the conduct rules of the People's Police when performing duties; recommending commendation and awards for good deeds and exemplary individuals; making suggestions and reporting cases where officers fail to fulfill their responsibilities or violate laws while on duty.

Article 8. Forms for Citizens to Provide Opinions

1. Through letters sent to the Public Security agency.

2. Through telephone and suggestion boxes.

4. Through meetings held in residential areas (including: neighborhood associations, villages, hamlets, wards, neighborhoods); workplaces, schools.

5. Through sociological surveys.

6. Through the citizens' reception activities of the police agency.

Article 9. Responsibilities of Citizens Participating in Traffic Order and Safety Assurance Activities

1. Voluntarily complying with legal regulations on traffic order and safety; obeying traffic control signals and instructions from traffic controllers.

2. Participating in rescuing and protecting the property of accident victims, preserving the accident scene in traffic accidents.

3. Protecting traffic infrastructure and traffic safety equipment. In case of discovering signs indicating non-compliance with traffic safety standards or damage to such facilities and equipment, promptly implementing warning measures for traffic participants and immediately informing the nearest People's Committee, management authority of the facilities and equipment, and the police agency to take timely action.

4. Detecting, preventing, and reporting violations of traffic order and safety.

6. Participating in and responding to campaigns to maintain traffic order and safety; building traffic culture.

7. Supporting and assisting officers when they are on duty.

8. Promoting, educating, and reminding family members to comply with legal regulations on traffic order and safety.

Article 10. Matters for Citizens to Supervise the People's Police in Traffic Order and Safety Assurance Work

1. Implementation of legal provisions in traffic order and safety assurance work.

2. Compliance with the Ministry of Public Security's regulations on conduct rules for officers when on duty.

3. When citizens supervise the People's Police in implementing the provisions of Clause 1 and Clause 2 of this Article, they must be objective, truthful, and in accordance with the law, without obstructing or affecting the performance of duties by officers.

1. Through publicly disclosed information of the People's Public Security Force and feedback through mass media.

2. Through supervisory subjects as prescribed by law.

3. Through direct contact and resolution of work with officers and soldiers.

4. Through the results of resolving cases, letters, complaints, reports, and proposals.

5. Through audio recording devices, video recording devices, or direct observation but must ensure the following conditions:

a) Not affecting the normal activities of officers and soldiers when performing their duties.

b) Outside areas ensuring traffic order and safety (for places where such areas are established).

c) Complying with other relevant legal provisions.

Chapter III

IMPLEMENTATION

Article 12. Effective Date

This Circular takes effect from January 15, 2020, and replaces Circular No. 54/2009/TT-BCA dated October 2, 2009, issued by the Minister of Public Security on implementing democracy in traffic order and safety assurance work.

Article 13. Responsibility for Implementation

1. The head of the public security agency with officers and soldiers who have been proposed for commendation, praise, or criticism, reflection, and suggestions by the people shall be responsible for examining and promptly rewarding or handling according to the provisions of the law.

2. The heads of units under the Ministry, the Directors of provincial and centrally-administered city public security services shall be responsible for disseminating and implementing this Circular to all officers and soldiers and organizing its implementation. This Circular shall be publicly announced on the Ministry of Public Security's electronic portal and local police portals so that agencies, organizations, and individuals can implement it.

3. The Traffic Police Corps, the Legal System and Administrative Reform Bureau shall be responsible for proposing and planning to assist the Head of the Democratic Implementation Steering Committee at the Ministry of Public Security in organizing inspections of the implementation of this Circular.

4. Annually, units under the Traffic Police Corps and provincial and centrally-administered city public security services shall conduct mid-term reviews and summaries of the implementation of this Circular and report the results in writing to the Ministry of Public Security (Traffic Police Corps, Legal System and Administrative Reform Bureau) for consolidation and reporting to the leadership of the Ministry.

5. During the implementation process, if there are difficulties or obstacles, local public security units, agencies, organizations, and individuals involved shall promptly reflect them to the Ministry of Public Security (Traffic Police Corps, Legal System and Administrative Reform Bureau) for guidance and resolution.