Circular No. 67/2024/TT-BCA stipulates the procedures for managing and using technical equipment in the People's Public Security and data obtained from such equipment provided by individuals or organizations to detect administrative violations.

 CIRCULAR

Regulations on the management and use of technical equipment in the People's Public Security and data obtained from such equipment provided by individuals or organizations for detecting administrative violations

the people and data obtained from technical means and equipment provided by individuals or organizations for detecting administrative violations

3. The public security units at all levels shall study and apply information technology to monitor and manage technical means and equipment used in their operations.

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;

Pursuant to the Law on People's Police dated November 20, 2018; LAmending and supplementing certain articles of the Law on the People's Public Security dated June 22, 2023;

Pursuant to Decree No. 135/2021/NĐ-CP dated December 31, 2021 of the Government stipulating the list, management, and use of technical equipment and procedures for collecting and using data obtained from technical equipment provided by individuals or organizations for detecting administrative violations;

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

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

The Minister of Public Security issues this Circular stipulating the procedures for managing and using technical equipment in the People's Public Security and data obtained from technical equipment provided by individuals or organizations for detecting administrative violations.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates on:

Article 1. Procedures for managing and using technical equipment and the list of technical equipment that must be inspected, calibrated, or guaranteed to meet quality standards and technical regulations according to the laws on product quality and technical regulations before being used to detect administrative violations related to traffic order and safety, environmental protection, fire prevention and firefighting, rescue operations, drug prevention, and alcohol harm prevention in the People's Public Security (hereinafter referred to as administrative violations).

Article 2. Using data obtained from technical equipment provided by individuals or organizations for detecting administrative violations.

Article 2. Applicability

This Circular applies to:

Clause 1. Officers and non-commissioned officers of the People's Public Security assigned the task of managing and using technical equipment to detect administrative violations.

2. Public security units and localities.

Article 3. Training on procedures, operation, and maintenance of technical equipment

Chapter II

SPECIFIC PROVISIONS

Clause 1. Organizations and units organizing training

Point a) Organizations and units authorized to equip technical equipment, prior to equipping, have the responsibility to train officers and non-commissioned officers assigned to manage the technical equipment of their organization or unit;

Point b) Organizations and units equipped with and assigned the task of managing and using technical equipment have the responsibility to organize training for officers and non-commissioned officers assigned to use the technical equipment of their organization or unit.

Clause 2. Content of training includes: Management system, procedures, operation, and maintenance of technical equipment.

Article 4. Management and use of technical equipment

Clause 1. Units managing and using technical equipment include:

Point a) Traffic Police Corps; Environmental Crime Prevention Police Corps; Firefighting and Rescue Police Corps; Drug Investigation Police Corps; Mobile Police Command; Administrative Order and Social Order Management Police Corps; Immigration Management Corps; Social Order Crime Investigation Police Corps; Corruption, Economic Crime, Smuggling, and Environmental Crime Investigation Police Corps; Inspectorate of the Ministry of Public Security; Provincial Public Security (hereinafter referred to as Provincial Public Security);

Point b) County, District, City, and Town Public Security; professional departments or equivalent under the Traffic Police Corps, Administrative Order and Social Order Management Police Corps, Firefighting and Rescue Police Corps; professional departments under Provincial Public Security including: Traffic Police Department, Drug Crime Investigation Department, Social Order Crime Investigation Department, Corruption, Economic Crime, Smuggling, and Environmental Crime Investigation Department, Administrative Order and Social Order Management Police Department, Firefighting and Rescue Police Department, Immigration Management Department, Mobile Police Department; Inspectorate of Provincial Public Security; Mobile Police Regiment;

Clause 2. Responsibilities of units managing, using, and operating technical equipment

Point a) Managing, using, and operating technical equipment in accordance with Articles 10, 11, and 12 of Decree No. 135/2021/NĐ-CP dated December 31, 2021 of the Government stipulating the list, management, and use of technical equipment and procedures for collecting and using data obtained from technical equipment provided by individuals or organizations for detecting administrative violations (hereinafter referred to as Decree No. 135/2021/NĐ-CP);

Point b) Establishing a logbook for managing and tracking the use of technical equipment of the unit including the following contents: Name of technical equipment (including memory card), type, serial number, date of equipping, equipping organization or unit, technical condition, usage time, results recorded by technical equipment, signatures of the giver and receiver during the use of technical equipment, and other information serving the management work of the organization or unit, force.

Clause 3. Public Security units and localities should study and apply information technology to monitor and manage technical equipment.

3. Public security units at all levels shall study and apply information technology to monitor and manage technical means and equipment used in their operations.

Article 5. Procedure for using technical equipment and devices

1. Technical equipment and devices provided for administrative violation detection and accompanying devices must be registered and reported to the Ministry of Public Security (through relevant bureaus according to force system) before being put into use and during use if they suffer damage or malfunction rendering them unusable. The provincial business department compiles reports according to the local police force system.

2. Technical equipment and devices can only be installed and used upon approval of decisions and plans by authorized persons as stipulated in Article 12 of Decree No. 135/2021/NĐ-CP.

a) Based on approved plans, units managing and using technical equipment and devices prepare monthly usage plans, which are submitted for approval by authorized persons. In case of emergency use, units managing and using technical equipment and devices follow the decision of authorized persons.

b) Based on approved monthly usage plans for technical equipment and devices, units managing and using such equipment and devices develop and implement weekly and shift usage plans.

3. Usage and maintenance procedures for technical equipment and devices are carried out according to guidelines from the Ministry of Public Security for each type of technical equipment and device, manufacturer instructions, and standards (if applicable).

4. Technical equipment and devices (including data collected through these devices) must be handed over and received according to work plans; handover and receipt records are kept in management and usage logs as specified in point b, Clause 2, Article 4 of this Circular.

5. Unauthorized deletion or alteration of data in technical equipment and devices is prohibited. If internal memory or cards of technical equipment and devices are full and cannot store additional data, users must report to the authorized person who approves usage plans for technical equipment and devices, transfer data to the unit's computer for storage as required, and delete data only after storage with a record made and signed by the authorized person approving the usage plan.

6. Before technical equipment and devices are sent for inspection, calibration, repair, or when they show signs of damage or malfunction (including memory cards), immediate data storage on the unit's computer must be conducted; a record of storage is made and signed by the authorized person approving the usage plan for technical equipment and devices.

7. Units and local public security agencies managing and using technical equipment and devices, in addition to following the provisions of this Circular, must also comply with regulations on managing and using technical equipment and devices and data collected from such devices in their respective force systems' operational procedures.

Article 6. Use of data obtained from technical equipment

1. The results collected through technical equipment must be recorded in writing, stored, preserved, and processed in accordance with the Law on Handling Administrative Violations and the provisions of Articles 14 and 15 of Decree No. 135/2021/NĐ-CP to serve the work of handling administrative violations, addressing complaints and denunciations, and inspection and audit activities of competent authorities.

2. The preservation and storage of results collected through technical equipment shall be conducted electronically when the conditions regarding infrastructure, technology, and information technology are met.

Article 7. Collection and use of data obtained from technical equipment provided by individuals or organizations for detecting administrative violations

The process of collecting and using data obtained from technical equipment provided by individuals or organizations for detecting administrative violations shall be carried out in accordance with the provisions of Chapter III of Decree No. 135/2021/NĐ-CP and the following provisions:

1. Units specified in Clause 1 of Article 4 of this Circular shall be responsible for receiving and collecting data reflecting administrative violations within their assigned management areas; they shall implement in accordance with Article 18 of Decree No. 135/2021/NĐ-CP and the operational procedures according to force units.

2. The statistics, monitoring, and processing of data shall be conducted electronically when the conditions regarding infrastructure, technology, and information technology are met.

Article 8. Hiring of technical equipment for detecting administrative violations

1. The hiring, management, and use of technical equipment hired for detecting administrative violations shall be implemented in accordance with the laws on managing and using state assets, bidding, state budget, Decree No. 135/2021/NĐ-CP, and the regulations of the Minister of Public Security on managing and using state assets in the People's Public Security.

2. The authority to decide on hiring and organizing the hiring of technical equipment shall be carried out in accordance with the regulations of the Minister of Public Security on hiring assets in the People's Public Security.

3. The hiring expenses for technical equipment shall be allocated within the annual budget approved or other sources of funds in accordance with the laws on state budget. Units hiring technical equipment shall be responsible for using the hiring expenses within the approved budget range by the competent authority.

Article 9. List of technical equipment that must be inspected, calibrated, and ensured quality, standards, and technical regulations in accordance with the laws on product quality, goods, and technical standards and regulations

1. Technical equipment belonging to the list of measuring instruments group 2 must undergo inspection in accordance with Circular No. 23/2013/TT-BKHCN dated September 26, 2013, issued by the Minister of Science and Technology on measurement for measuring instruments group 2 (amended and supplemented by Circular No. 07/2019/TT-BKHCN dated July 26, 2019, and Circular No. 03/2024/TT-BKHCN dated April 15, 2024, issued by the Minister of Science and Technology) and the regulations of the Ministry of Public Security on using technical equipment in the People's Public Security.

2. Attached to this Circular is the list of technical equipment including:

a) List I: Technical equipment that must be inspected or calibrated in accordance with the laws on measurement and related laws before being put into use;

b) List II: Technical equipment that must ensure quality, standards, and technical regulations in accordance with the laws on product quality, goods, and technical standards and regulations before being put into use.

Chapter III

IMPLEMENTING PROVISIONS

Article 10. Effective Date

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

2. Circular No. 40/2015/TT-BCA dated August 24, 2015, issued by the Minister of Public Security on the use of technical equipment in the People's Public Security to detect administrative violations related to traffic order and safety and environmental protection shall cease to be effective from the date this Circular takes effect.

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

Article 11. Transitional Provisions

Technical equipment already equipped and used before January 1, 2022, if still meeting the requirements stipulated in Decree No. 135/2021/NĐ-CP, may continue to be used to detect administrative violations.

Article 12. Responsibility for Implementation

1. The Director of the Traffic Police Department shall be responsible for guiding, inspecting, and urging the implementation of this Circular.

2. Heads of units under the Ministry of Public Security, Provincial Police Chiefs, Chief of Municipalities directly under the Central Government, and relevant agencies, organizations, and individuals shall be responsible for implementing this Circular.

3. During the implementation process, 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.