Circular No. 68/2020/TT-BCA on the procedures for patrol, control, and administrative violation handling by inland waterway police

CIRCULAR

Regulations on patrol, control, and

handling administrative violations of inland waterway police

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

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004; the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Traffic dated June 17, 2014; the Law Amending and Supplementing Certain Provisions of 37 Related Laws on Planning dated November 20, 2018;

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

On the basis of Decree No. 01/2018/ND-CP dated August 6, 2018 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 patrol, control, and handling administrative violations of inland waterway police.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates principles, procedures for patrol, control, handling administrative violations, and resolving specific cases during patrol, control, and handling administrative violations of inland waterway police.

Article 2. Principles of patrol, control, and handling administrative violations

Clause 1. Comply with the provisions of this Circular, other relevant laws, and the Regulations of the People's Public Security; implement according to plans and schemes approved by competent authorities.

2. Ensuring transparency, objectivity, timeliness, speed, and safety; promptly detecting, preventing, and handling administrative violations and other violations according to regulations.

3. Only officers who have been issued a Certificate of Inland Waterway Patrol and Control Police can be assigned to perform patrol, control, and handling administrative violations duties on inland waterways.

4. Strictly prohibited from exploiting patrol, control, and handling administrative violations to harass, inconvenience the people, obstruct inland waterway transportation activities, infringe upon state interests, lawful rights and interests of organizations and individuals, or commit other illegal acts.

Article 3. Deployment of forces, equipment, technical devices, weapons, support tools, and patrol, control time

1. On each inland waterway traffic route through each locality, one or more patrol and control teams shall be deployed. Each team consists of a Team Leader and team members. The number of officers in each patrol and control team shall be decided by the Waterway Squadron Commander, Waterway Police Station Director, Waterway Police Team Leader, or Traffic Police Team Leader (Waterway Squadron Commander, Station Director, Team Leader) but must meet the following requirements:

a) Mobile patrol and control by boat includes: Team Leader, at least two team members, and must ensure sufficient crew members as prescribed by the Ministry of Public Security;

b) Mobile patrol and control by motorized boat, other watercraft, land-based mechanical vehicles, or on foot includes: Team Leader, at least two team members; the person operating the patrol and control vehicle must hold a Certificate of Professional Competence, Professional Certificate, or Driving License as prescribed;

c) Control at a station or a point on the route includes: Team Leader and at least two team members;

d) In cases where one or more inland waterway routes within the jurisdiction of a Waterway Squadron, Waterway Police Team, Traffic Police Team, or Waterway Police Station (Waterway Squadron, Team, Station) are managed, multiple teams may be deployed simultaneously to perform patrol and control tasks during the same period. The Waterway Squadron Commander, Team Leader, or Station Director decides the number of patrol and control teams and is directly responsible for commanding or assigning deputy leaders to command each route.

2. The duty time of a patrol and control team shall not exceed eight hours per day. If additional time is required, the Waterway Squadron Commander, Team Leader, or Station Director must report and obtain approval from the Waterway Brigade Commander, Head of the Waterway Police Department, Head of the Traffic Police Department (hereinafter referred to as the Department Head), or County, District, City, or Town Public Security Chief (hereinafter referred to as the County-level Public Security Chief) but must ensure that officers receive compensatory rest according to regulations.

3. Units performing patrol and control duties must arrange sufficient officers for 24-hour standby and duty shifts.

Equipment of a patrol and control team:

a) Logbook for inland waterway patrol and control plans and related forms;

b) Patrol and control vehicles;

c) Communication devices;

d) Flags, signal lights, handheld loudspeakers;

đ) Technical devices, waterproof flashlights, daytime and nighttime binoculars, compasses, nautical charts, and other weapons and support tools suitable for each situation.

Article 4. Assignment of Duties for Personnel in the Patrol and Control Team

The duties of the Team Leader and each team member in the Patrol and Control Team must be specifically assigned in the Patrol and Control Logbook:

1. The Team Leader is responsible for commanding and managing all activities of the Team; recording the Patrol and Control Logbook for inland waterways;

2. The duties of team members include: Controlling patrol vehicles; using technical equipment; observing and recording license plates and characteristics of transportation vehicles; executing stop commands to conduct inspections; conducting inspections and identifying violations; drafting inspection reports and handling administrative violations within their authority; monitoring the activities of individuals on the vehicle and in the inspected area; performing other tasks as assigned by the Team Leader and reporting results.

Chapter II

PROCEDURE FOR PATROL AND CONTROL

Article 5. Development of Patrol and Control Plans

1. The Director of the Traffic Police Department; the Provincial Public Security Director (Provincial-level Public Security) shall issue the following plans:

a) Comprehensive inspection and violation handling plan;

b) Intensified patrol and control period plan for inspection and violation handling;

c) Special topic patrol and control and violation handling plan;

d) Coordination plan with relevant units and agencies to ensure traffic order, safety, public security, and social safety.

2. The River Flotilla Commander, Head of Departments, County Public Security Chief shall establish plans and organize regular or surprise patrols and controls based on the plans stipulated in Clause 1 of this Article or the situation in the assigned patrol and control areas; approve work plans for River Flotillas, Teams, and Stations.

3. The River Flotilla Commander, Team Leader, Station Chief shall implement the following tasks based on the plans stipulated in Clause 2 of this Article:

a) Draft work plans and orders for mobilizing vehicles to be approved by the River Flotilla Commander, Head of Departments, County Public Security Chief or deputy in charge;

b) Schedule the implementation of work plans for each Patrol and Control Team;

c) Assign specific duties to each member of the Patrol and Control Team in the Patrol and Control Logbook for inland waterways.

Article 6. Implementation of Plans

1. The Team Leader:

a) Brief and ensure understanding among team members about the work plan and related contents before carrying out the mission;

b) Take attendance, check uniforms, Certificates of Inland Waterway Patrol and Control Police, internal regulations, technical equipment, weapons, auxiliary tools, Certificates of Professional Competence, Professional Certificates, relevant forms, and other necessary conditions for the patrol and control mission;

c) Issue the patrol and control command when all conditions are met and safe.

2. Team Members:

a) Must thoroughly understand the purpose, requirements, content of the plan, tasks, positions, communication protocols;

b) Actively prepare and carry out assigned tasks according to the Team Leader's assignment;

c) Promptly report to the Team Leader any unexpected situations occurring during the patrol and control mission.

Article 7. Arrangement of Warning Signals for Control Posts and Patrol Vessels for Inland Waterway Traffic

The Inland Waterway Police shall arrange warning signals for Control Posts and patrol vessels for inland waterway traffic as follows:

1. At the patrol and control post, at the highest and most visible position:

a) At night, a green light and a white light shall be lit on the same vertical pole, spaced 0.6 meters apart;

b) During the day, the "K Flag" signal flag shall be hoisted;

2. On patrol and control vessels:

a) At night, in addition to the lights specified in Article 50 of the Law on Inland Waterway Traffic, a green light and a white light shall be lit on the highest position on the mast, spaced 0.6 meters apart;

b) During the day, the "K Flag" signal flag shall be hoisted on the highest position on the mast.

Article 8. Patrol and Control

1. Control at the Inland Waterway Police Station, at a point on the route:

a) Control at the Inland Waterway Police Station

An Inland Waterway Police Station established by a decision of the Ministry of Public Security must organize control at the station. When controlling at the station, vehicles may be used for control if necessary;

b) Control at a point on the route:

Control at a point on the route can only be carried out at locations with complex traffic order and safety, social order and safety; wide and unobstructed navigation channels; ensuring that vehicles can stop safely, control is conducted openly, transparently, and safely;

The maximum time for organizing control at a point on the inland waterway traffic route is 120 minutes (except in cases where plans or orders from the Director of the Traffic Police Department or the Provincial Public Security Director or higher levels are being implemented, or when dealing with complex cases requiring extended time);

2. Open patrol and control combined with undercover operations:

a) In cases where undercover officers using technical equipment detect violations of traffic order and safety, they shall act as follows:

Immediately notify the open patrol and control officers in the patrol and control team to issue commands to stop the vehicle for inspection and handle the violation according to the law;

If the open patrol and control officers cannot immediately stop the violating vehicle for inspection and handling, the Team Leader shall be responsible for recording each case and collecting all evidence to report and propose in writing to the competent authority to inform and handle the violation according to the law;

b) In cases where undercover officers discover administrative violations or complex situations regarding security and order, they shall act as follows:

Immediately notify the open patrol and control officers to issue commands to stop the vehicle, inspect, and handle the violation according to the law;

For serious violations of traffic order and safety, social order that, if not promptly stopped, will cause dangerous consequences for society, damage to property of agencies, organizations, individuals, harm to human life and health, the People's Police Identity Card or the Certificate of Inland Waterway Patrol and Control Officer shall be used to inform and mobilize the public to immediately stop the violation; inform and coordinate with open patrol and control officers to resolve or bring the violator to the nearest police station for resolution according to the law. In cases where the violator does not comply with the command, uses force, weapons, or dangerous tools to resist, force or weapons, support tools may be used according to the law to subdue the violator;

3. Mobile patrol and control:

When conducting comprehensive patrols and controls over traffic order and social order on assigned routes, the patrol and control team may use boats, rafts, and other watercraft for mobile patrols and controls;

When patrolling and controlling at inland waterway ports, river passenger terminals, cargo loading and unloading berths, and other inland waterway infrastructure along the routes, the patrol and control team may use boats, rafts, other motorized land vehicles, or walk.

Article 9. Signal to Stop Vessels

1. When stopping vessels for inspection, it must be based on the density of participating vessels, the situation, and the characteristics of traffic lanes and routes to ensure safety and normal flow of other vessels.

2. The signal to stop vessels for inspection shall be carried out as follows:

a) During the day, direct the "K Flag" towards the vessel to be inspected, wave it three times vertically from top to bottom, simultaneously sounding a long tone, a short tone, and another long tone;

b) At night, direct the light signal towards the vessel to be inspected, flash a long light, a short light, and another long light, simultaneously sounding a long tone, a short tone, and another long tone;

c) In addition to the above signals, a loudspeaker may be used to guide the vessel to stop or reduce speed for inspection.

Article 10. Conducting Inspections

1. Inspection of Vessels:

a) After issuing the signal to stop the vessel, members of the Patrol and Inspection Team guide the vessel to approach the shore, dock at the wharf (if inspecting at the Station) or alongside the patrol and inspection vessel. In cases where the inspected vessel has deep draft, complex terrain, narrow channels, low water levels, or difficulties in stopping, notify the vessel's operator to reduce speed and maneuver the patrol and inspection vessel alongside the inspected vessel;

b) The Team Leader or assigned team member boards the vessel, meets with the vessel owner or operator, and depending on the specific circumstances, may perform a salute according to the People's Public Security Regulations, introduce their name, rank, position, and unit; inform the reasons and contents of the inspection and request compliance with the inspection procedures; conduct the inspection as prescribed;

c) Contents and Methods of Inspection on Vessels:

Inspect the vessel’s documents, crew members' documents, passengers' documents, cargo documents, and other related documents as prescribed. During document inspection, compare them with reality and determine their legality;

Inspect the technical safety conditions and environmental protection of the vessel: Inspect through observation, comparing actual conditions with the vessel's documents or using technical equipment, when necessary, check based on data or request specialized agencies to conduct appraisals;

Inspect transportation safety: The vessel's draft compared to the safe draft mark; type, quantity, number, specifications, size of cargo and objects, actual number of people compared to the vessel's carrying capacity, and safety measures during transportation operations;

Inspect other relevant contents as prescribed by law;

During inspections, representatives of the vessel owner, captain, or operator must be present. If these individuals are not present, the inspection must have a representative of the local authority where the inspection takes place or at least one witness;

d) In cases of inspecting vessels transporting flammable, explosive, toxic, or other dangerous goods, safety measures must be taken to move the vessel away from residential areas or quiet places to conduct the inspection; if necessary, request specialized agencies to participate in the inspection activities;

2. Inspection of Standards and Conditions Ensuring Safety of Waterway Infrastructure:

a) For waterway infrastructure, inspect the inland waterway navigation signal system, the safety of vessel lanes, protected lane corridors, structures, inland waterway ports, and other related facilities to identify violations and handle them according to the law;

b) When discovering changes in lanes, routes, or signaling systems that differ from the design or announcement by the waterway management agency or unusual changes, record and promptly report to the managing agency or unit to take corrective measures or ensure traffic order and safety;

c) Upon discovering hazardous obstructions directly affecting safety on the lane, the inspection team organizes temporary signaling, traffic regulation, and immediately reports to the waterway management agency to set up guiding traffic signals; cooperate with the waterway management agency to identify the owner of the obstruction, require the placement and guarding of signals, determine the time and methods for removal and clearance to ensure traffic safety, and handle violations according to the law;

3. After completing the inspection, the Patrol and Inspection Team informs the relevant parties about the inspection results, violations, administrative penalty forms (if applicable), and proceeds to handle the violations or report to the competent authority for handling according to the law. If discovering that inland waterway structures, ports, or wharfs do not meet safety requirements and the representatives of these structures, ports, or wharfs are absent, create an inspection record with the presence of a local authority representative or at least one witness; inform the managing unit of the structure and schedule a meeting according to regulations.

Article 11. Handling Violations During Patrol and Control

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

1. Cases of Administrative Violation Penalties Without Creating a Record:

After inspection and control, if a violation act subject to penalty without creating a record is discovered, the authorized authority must issue an administrative violation penalty decision on the spot; if the violator has not immediately executed the penalty decision, relevant documents must be temporarily detained to ensure compliance with the penalty decision. Temporary detention of documents must be based on a temporary detention decision in accordance with the regulations;

2. Cases of Administrative Violation Penalties With a Record Created:

When creating an administrative violation record where only a fine is applied, the record-creating officer may temporarily detain one of the following types of documents in order: Professional Competence Certificate, Professional Certificate, Vehicle Registration Certificate, Technical Safety and Environmental Protection Certificate, or other related documents as prescribed by law to ensure compliance with the administrative violation penalty decision (except when these documents show signs of forgery, additional related documents may also be temporarily detained). If the violator does not have any of the aforementioned documents, the administrative violation vehicle may be temporarily detained according to the law; the temporary detention of documents and vehicles must be based on a decision and recorded in a record;

After creating an administrative violation record, if the violator, representative of the violating organization, victim, representative of the affected organization, or related persons refuse to sign the record, the administrative violation record-creating officer must clearly note the reason in the record, the Patrol and Control Team Leader must invite a representative from the local authority where the violation occurred or two witnesses as prescribed by law to sign the administrative violation record, and report in writing to the unit head for the basis of the authorized authority to decide on penalties or use technical equipment to record video as evidence for handling;

It is strictly prohibited to erase or alter contents already recorded in the administrative violation record;

3. Handling Administrative Violations Through Technical Equipment and Business Tools:

For violations of inland waterway traffic order and safety by individuals and vehicles participating in traffic, which are recorded through technical equipment and business tools, patrol and control officers shall publicly execute stop commands for inspection, create administrative violation records, and handle them according to regulations. If the violator requests to view the violation documentation, it must be provided immediately; if there is no collected documentation through technical equipment and business tools yet, guide the violator to view the documentation when they come to the unit for violation handling;

In cases where the vehicle cannot be stopped immediately for inspection and handling according to regulations, the patrol and control unit must report to the River Flotilla Commander, Department Head, or County-level Public Security Chief and above to notify and request the vehicle owner or violator to come to the Public Security agency's office for resolution. When resolving the case, allow the violator to view the documentation collected through technical equipment and business tools regarding their violation; create an administrative violation record and handle according to regulations.

Article 12. Application of preventive measures and assurance for administrative violation handling

1. In cases where it is necessary to immediately prevent an administrative violation act or to ensure the execution of a penalty decision or to verify circumstances that would not have sufficient grounds for a penalty decision if not temporarily detained, the Head of the Patrol and Control Team must decide or report to the competent authority to decide on the application of preventive measures in accordance with the law.

2. Temporary detention of evidence and means of administrative violations:

a) Upon discovering an act of violation subject to temporary detention of evidence and means of administrative violations according to the law, the Patrol and Control Team shall notify the violator and related parties; proceed to establish an administrative violation record; issue a temporary detention decision or report to the competent authority to issue a temporary detention decision for evidence and means in accordance with the law; establish a temporary detention record for evidence and means; if the detained evidence and means need to be sealed, they shall be sealed in accordance with the law;

b) In cases where there is reasonable ground to believe that if not immediately detained, the evidence and means of administrative violations will be disposed of or destroyed, the immediate head of the officers and soldiers of the Patrol and Control Team must immediately detain the evidence and means of administrative violations. Within 24 hours from the time of establishing the record, the person who established the record must report to their immediate head, who has the authority to temporarily detain evidence and means of administrative violations, to consider issuing a temporary detention decision; for perishable goods as evidence, the person detaining must immediately report to the immediate head for handling. If a temporary detention decision is not issued, the detained evidence and means must be returned immediately;

c) In cases where when temporarily detaining evidence and means of administrative violations, the vehicle operator is not present at the scene of the violation or deliberately avoids, obstructs, and does not comply, the following actions shall be taken: Establish a temporary detention record with signatures of confirmation from two witnesses; issue a temporary detention decision; use technical equipment (cameras, cameras) to record images of the evidence and means; use appropriate measures or hire organizations or individuals with suitable professional conditions to transport the evidence and means to the place of temporary detention; verify and send a notification to the vehicle owner, requesting the violator to resolve the matter; the violator must bear all costs for transporting the evidence and means to the place of temporary detention in accordance with the law;

d) In cases where the transportation means temporarily detained is handed over to individuals or organizations to manage and preserve to ensure the execution of the penalty decision, it shall be carried out in accordance with the Government's regulations on managing and preserving evidence and means of administrative violations temporarily detained and confiscated through administrative procedures.

Article 13. Conclusion of patrol and control activities

1. The Head of the Patrol and Control Team shall organize a meeting to draw lessons, comment, evaluate strengths, weaknesses, propose opinions, and record them in the Plan and Logbook of inland waterway patrol and control activities.

2. Report on the situation and results of the work of the Patrol and Control Team.

3. Transfer forms, files of administrative violation cases, papers, evidence, means of transportation temporarily detained, and fines collected on-site to the management officer of the unit. The transfer must be conducted immediately after the conclusion of the patrol and control activities. The transferor and transferee must sign and clearly write their names in the Form Transfer Logbook during patrol and control activities and the File Transfer Logbook during administrative violation handling; if the above-mentioned documents, equipment, papers, evidence, means, and money are lost or damaged, disciplinary action, compensation, and other legal responsibilities shall be imposed according to the law. The transfer of weapons, support tools, means, and technical equipment and other equipment to the next Patrol and Control Team or the management officer of the unit must be clearly recorded in the Plan and Logbook of inland waterway patrol and control activities.

Chapter III

HANDLING OF ADMINISTRATIVE VIOLATION CASES AT THE UNIT HEADQUARTERS

Article 14. Organization to implement administrative violation handling work

1. Public security units and localities with authority to handle administrative violations must arrange an administrative violation handling department.

2. Location for resolving administrative violation cases:

a) Located at a convenient position, with appropriate area, and seating for individuals coming to resolve administrative violation cases.

b) Displaying diagrams indicating the workplace, schedule for receiving citizens, nameplates of staff responsible for handling, telephone numbers, rules for receiving citizens, suggestion boxes, and contents of certain regulatory legal documents related to administrative violation handling work.

3. Administrative violation handling officers:

a) Be present 15 minutes before working hours, prepare all necessary tools, forms, office equipment for administrative violation handling work; guide individuals coming to resolve administrative violations to follow the correct order.

b) Receive case files of administrative violation cases.

c) Advise on and propose methods for handling administrative violations.

Article 15. Procedure for Handling Administrative Violations

1. Receiving case files of administrative violation cases:

a) Case files of administrative violation cases handed over by patrol and control teams, including: Administrative violation record or inspection record; decision on administrative penalty and related documents concerning the means of transport and its driver; seized items and means of transport involved in administrative violations and collected evidence (if any).

b) Case files transferred by criminal proceedings agencies with authority for administrative penalties.

c) Enter into the General Register of Administrative Violation Cases Resolution.

2. Classifying case files of administrative violation cases:

a) Case files of administrative violation cases awaiting resolution, including:

Type of cases where the facts are clear and do not require investigation;

Type of cases requiring investigation;

Type of cases not within the jurisdiction of the unit head;

Type of cases showing signs of criminal offenses; administrative violation cases discovered through the use of technical investigative equipment but the means of transport could not be stopped immediately for handling; administrative violation cases reported by organizations or individuals or published on mass media regarding inland waterway traffic.

b) Case files where decisions on administrative penalties have been issued but violators have not yet received them; or have received them but have not yet executed or completed execution.

c) Case files that have been resolved, including: Administrative violation cases where violators have fully executed the administrative penalty decision but have not yet stored the file according to the Public Security Ministry's file system.

d) Complaint and denunciation case files.

3. Reviewing administrative violation cases:

a) Review and compare case files of administrative violation cases with legal provisions to provide reports and proposals on forms of administrative penalties and measures to mitigate consequences caused by administrative violations.

b) For cases not within the jurisdiction of the unit head, report and propose transferring the case files to the competent authority for penalties.

c) For cases showing signs of criminal offenses, report and propose transferring the case files to the competent criminal proceedings agency.

4. Submitting to the competent authority to issue decisions on administrative penalties in accordance with the law.

5. Directly working with individual or representative of the violating organization to resolve violations:

a) Receive administrative violation records and compare them with violation files; if the individual or organization has lost the administrative violation record, they must present identification; only resolve administrative violation cases directly with the violator and their legally authorized representative.

b) Record the date of issuing the administrative penalty decision on the bottom part of the decision, requesting the violator or representative of the violating organization to sign confirmation.

c) Hand over one copy of the administrative penalty decision to the person being penalized or their legally authorized representative, and transfer one copy to the State Treasury or bank where the fine is collected.

d) In cases where the individual or organization has completed payment of the fine, the officer handling the administrative violation must perform the following tasks: Receive the receipt for the fine collection; check and compare the receipt with the administrative violation file and store the file; return the seized items, means of transport, and documents to the violator or owner of the seized items or means of transport, or the representative of the administrative violation organization listed in the decision to seize administrative violation items and means of transport; if the person being penalized is not the owner, they must obtain authorization from the owner. Returning seized items, means of transport, and documents must be done according to regulations and recorded in a protocol.

6. In cases where individuals or organizations pay fines through bank accounts, public postal services, online government service portals (if available), or situations involving multiple fine payments, fine exemptions or reductions, late payment, or compulsory enforcement of administrative penalties, these shall be handled in accordance with current laws.

7. Monitoring and statistics on administrative penalty enforcement: Within no more than 48 hours from when individuals or organizations have fully complied with the administrative penalty decision, the officer handling the administrative violation must supplement the General Register of Administrative Violation Cases Resolution; organize and store files according to the file system.

Article 16. Documents for patrol, control, and administrative violation handling work

1. Waterway Police units assigned to organize and implement patrol, control, and administrative violation handling work must carry out document work in accordance with regulations.

2. The document tracking the organization of patrol and control activities related to traffic order and safety is a specialized business document under the Waterway Police business documents; depending on the amount of materials, it may be established as one or more volumes, each not exceeding 300 pages, including:

a) Specialized business documents tracking relevant directive documents concerning inland waterway traffic order and safety assurance work issued by the Government, National Traffic Safety Committee, Ministry of Public Security, Traffic Police Corps, and related sectors;

b) Specialized business documents tracking the implementation of directives from local party committees, authorities, provincial public security directors regarding traffic order and safety assurance work;

c) Specialized business documents tracking the implementation of plans and schemes directed and organized by the Patrol Guidance, Control, and Crime Prevention Department on Inland Waterways; Waterway Squadrons, Provincial Public Security Traffic Police Departments, County-level Public Security Departments; Waterway Teams, Units, Stations;

d) Specialized business documents tracking basic investigation work along routes.

3. Documents for administrative violations related to traffic order and safety are specialized business documents under the Waterway Police business documents; depending on the amount of materials, they may be established as one or more volumes, each not exceeding 300 pages. Based on the authority to issue penalty decisions, files for storing administrative violation cases shall include:

Documents for administrative violation cases within the authority of officers issuing penalty decisions;

Documents for administrative violation cases within the authority of Waterway Squadron, Team, Station commanders issuing penalty decisions;

Documents for administrative violation cases within the authority of the Head of the Patrol Guidance, Control, and Crime Prevention Department on Inland Waterways; Waterway Squadron Leaders, Heads of Departments, County-level Public Security Chiefs issuing penalty decisions;

Documents for administrative violation cases decided by the Chief of the Traffic Police Corps, Provincial Public Security Directors to impose penalties;

Documents for cases handed over to competent agencies and units for handling.

4. Arrangement and retention of documents within the file:

a) Arrangement and retention of documents in one volume:

File cover (model B6);

Decision to establish the file (model B1) or document replacing the decision to establish the file;

Statistics of documents in the file (model B3);

List of persons reviewing the file (model B4);

Decision to conclude the file (model B1) or document replacing the decision to conclude the file;

Document assessing the value and preservation period of the file (model B15);

Materials on administrative violation cases handled;

b) Arrangement and retention of documents in a case file in the following order: Administrative violation record (if applicable);

Decision to temporarily seize objects, means of transport, licenses, and professional certificates according to administrative procedures (if applicable);

Record of temporary seizure of objects, means of transport, licenses, and professional certificates according to administrative procedures (if applicable);

Other papers related to the resolution of the case (if applicable); Receipt for fine payment (if applicable);

Decision on administrative violation penalty;

Report from Village, Ward, Town Police where the violation notice was received (for cases involving violations of inland waterway traffic order and safety laws that require notification);

c) Files of cases in the administrative violation handling file are stored in chronological order based on when individuals or organizations have fully complied with the penalty decision.

Article 17. Information and Reporting System

1. Periodic Reports:

a) Every week, month, six months, and year, Water Teams, Teams, and Stations must report to the Water Command leadership, the Maritime Police Department, the Traffic Police Department, and the County Public Security Office on the situation, results of patrol, supervision, and administrative violation handling.

b) Every week, month, six months, and year, the County Public Security Office reports to the Maritime Police Department or the Traffic Police Department; the Maritime Police Department or the Traffic Police Department reports to the Director of the Provincial Public Security Office and the Director of the Traffic Police Bureau; the Water Command reports to the Director of the Traffic Police Bureau on the situation, results of patrol, supervision, and administrative violation handling.

2. For cases with serious, complex nature or negative impact on political security, social order, and public safety, immediate reporting to the Director of the Provincial Public Security Office and the Director of the Traffic Police Bureau is required.

3. In cases where certificates of professional capability, professional certificates are revoked, the Water Command Leader, Department Head, and County Public Security Chief must notify the issuing authority and the Traffic Police Bureau.

4. In cases where vehicle documents and certificates of professional capability are temporarily held to ensure punishment, if the individual or organization does not implement the administrative violation penalty decision beyond the deadline recorded in the administrative violation record, within three working days from the date of expiration of the temporary holding period noted in the temporary holding document or administrative violation record, the Water Command Leader, Department Head, and County Public Security Chief must notify in writing or through other means to the Traffic Police Bureau. If notification has been made but the organization or individual later complies with the penalty decision, the penalizing unit must notify the Traffic Police Bureau again.

REGARDING THE HANDLING OF SPECIFIC CASES IN PATROL AND SUPERVISION WORK

Chapter IV

IN PATROL AND SUPERVISION WORK

IN THE COURSE OF INSPECTION AND SUPERVISION WORK

Article 18. Handling Cases Where the Vehicle Operator Does Not Obey Stop Orders

1. Quickly record the characteristics of the vehicle (type of vehicle, registration number, name of vehicle, paint color, and other features); the characteristics of the cargo carried on the vehicle; the characteristics of the vehicle operator, passengers, and direction of escape.

2. Report to the unit leader for instructions and inform patrol teams along the route and other forces to support and coordinate in blocking.

3. Depending on the type of vehicle and the nature and degree of violation by the vehicle operator, the Patrol Team Leader decides on organizing personnel, vehicles, and measures to block appropriately, ensuring safety for officers and traffic participants:

a) When using patrol vehicles to chase, ensure safety between the patrol vehicle and the violating vehicle;

b) During the day, use flags with the letter "K", at night use signal lights, combined with loudspeakers to demand that the vehicle operator immediately stop the vehicle;

c) In cases where the violator uses the vehicle to obstruct or press against the patrol vehicle or uses dangerous tools that threaten the lives of officers or show signs of criminal activity, force, weapons, and auxiliary equipment may be used according to the law to block and arrest the violator or notify the nearest patrol team or other forces to assist in blocking.

4. Handling the violator after capture:

a) For administrative violations: Bring the violator, evidence, and violating vehicle to the nearest police station; prepare a record and resolve the violation case according to the law;

b) For violations showing criminal signs: Immediately confiscate weapons (if any); bring the violator, evidence, and violating vehicle to the nearest police station; prepare initial files, consolidate evidence, and transfer to the competent authority for resolution.

5. When implementing actions to stop the behavior of the vehicle operator who does not obey stop orders, if incidents causing harm to the lives, health, property of law enforcement officers or organizations and individuals, or disrupting traffic occur, the patrol team organizes emergency medical care for victims (if any), prevents damage, secures the scene, regulates traffic, reports to the unit leader for instructions, and notifies relevant agencies and units to cooperate in resolving the matter according to the law.

Article 19. In cases where the violator does not comply with inspection requests; incites or coerces others to obstruct public officials in the performance of their duties

1. Inform and explain to the violator and those obstructing the situation so that they clearly understand the violation of the law and comply with the inspection request.

2. In cases where the incident becomes complex and exceeds the capability and authority to resolve, the patrol and control team immediately reports to the unit leadership and contacts the local authorities and relevant agencies to request cooperation in resolving the issue.

3. In cases where the subject threatens or uses force against the patrol and control officers, the officers must be vigilant, firmly control, search, and confiscate weapons. If the subject continues to resist stubbornly or poses a danger to surrounding people, the officer has the right to use weapons and support tools according to the law to neutralize the actions of the subject; at the same time, initial records are established, evidence is consolidated and transferred to the competent authority.

4. Use technical and professional equipment to record the situation.

Article 20. In cases where the violator verbally abuses, threatens, or physically assaults public officials

1. Use means and technical and professional equipment to record the situation.

2. Persuade and request the violator and related persons to stop the illegal behavior and disperse the crowd (if present).

3. Control individuals and vehicles involved.

4. In cases of intentional non-compliance and continued violations, the patrol and control team must control and bring them to the nearest People's Committee or Public Security office for resolution. In complex cases affecting security and order, notify the nearest Public Security force to assist in resolution.

5. Check personal identification papers and other related documents, items, vehicles, and goods.

6. Based on the nature and severity of the case, apply appropriate measures to handle the violation according to the law.

Article 21. Handling traffic congestion

1. In cases of minor traffic congestion within a limited area, the patrol and control team leader assigns specific tasks to each member to guide and regulate traffic to alleviate congestion. If necessary, request assistance from inland waterway management authorities.

2. In cases of severe traffic congestion, the patrol and control team leader shall act as follows: Initially determine the cause of the congestion, assign members to guide and regulate traffic to reduce congestion levels; report and request inland waterway management authorities to cooperate in organizing traffic diversion and regulation from a distance; promptly report to unit leadership and local authorities to request mobilization and reinforcement of forces to resolve the situation.

Article 22. Handling and addressing traffic accidents or other accidents on inland waterways

1. For traffic accidents or other accidents occurring on inland waterways, handling shall be carried out as follows:

a) Organize rescue operations and salvage of victims, while mobilizing forces and means to salvage goods and vessels affected by the accident;

b) Organize traffic regulation. In cases where the accident severely disrupts transportation activities or causes environmental damage, immediately inform the relevant state management agency to promptly address the situation;

c) Secure the accident scene: demarcate the scene, protect people, property, and goods related to the accident; identify and record traces and evidence at the scene and on related vessels; maintain the original position and condition of the vessel, traces, and evidence under permissible conditions, paying attention to identifying and recording changes; temporarily detain the vessel, vessel documents, driver's documents, and related evidence; grasp the situation, information about those who know about the accident, and those involved; track down the person responsible for the accident who fled; gather other relevant information about the accident;

d) Report the situation to superiors; exchange details of the case; hand over the file to the competent unit to resolve the accident, while continuing to secure the scene until the completion of the accident site investigation.

2. In cases where the person causing the accident or the vehicle operator flees, in addition to implementing the above provisions, the following actions must be taken:

a) Collect information about the vehicle, cargo, vehicle operator, passengers, and direction of escape;

b) Promptly report to unit command and organize forces and means to pursue the fleeing vehicle;

c) When the accident-causing vehicle is located, temporarily detain the vehicle, operator, and vehicle documents; collect related documents, traces, and evidence; if they resist, implement escort according to the law.

Article 23. Cases of committing crimes on the spot or violations with signs of criminal offenses

1. For cases of committing crimes on the spot, the following shall be carried out:

a) Conducting arrest, searching persons, confiscating weapons from the suspect, seizing evidence (if any), drafting a record of arrest for the person committing a crime on the spot, temporarily holding documents and evidence; reporting to the command and leadership of the unit to direct;

b) Taking statements from witnesses, people who know about the matter, collecting and preserving relevant documents, traces, and evidence according to the provisions of the law;

c) Arranging forces to manage and closely supervise to prevent the suspect from escaping, dispersing, destroying documents, evidence, or accomplices organizing an escape;

d) Bringing the suspect to the unit's headquarters or the nearest police station; handing over the suspect, evidence, and related documents to the competent authority for handling.

2. When discovering persons or means with signs of criminal offenses, conducting inspections and controls according to regulations, immediately reporting the situation to the command and leadership of the unit to seek guidance; drafting a record of the incident; bringing persons, means, and goods to the unit's headquarters or the nearest police station or local government office for handling according to regulations.

Article 24. Handling cases involving foreigners and foreign means violating traffic order and safety

1. All administrative violation cases committed by foreigners in Vietnam must be handled accurately and promptly, ensuring the interests of the State and the legitimate interests of individuals harmed by such violations; for complex administrative violations, the unit must immediately report to the Director of the Traffic Police Corps, the Provincial Public Security Director for guidance.

2. Foreigners with diplomatic status enjoy the right of inviolability of their bodies, are exempt from criminal, civil proceedings, and administrative violations, but they must respect Vietnamese laws and have the responsibility to compensate material losses caused by their administrative violations.

3. For Vietnamese citizens operating watercraft serving diplomatic-privileged and exempted individuals, when committing administrative violations, they shall be handled according to Vietnamese laws and must ensure that it does not hinder the activities of diplomatic agencies and international organizations.

4. Foreign nationals who are administrative-technical staff, service personnel in foreign representative offices and members of their families residing in Vietnam, members without diplomatic status in delegations are only exempt from criminal, civil proceedings, and administrative violations while performing their duties.

5. For foreigners and stateless persons not falling under the cases stipulated in Clauses 1, 2, and 3 of this Article, who reside, work, and live in Vietnam and commit administrative violations, they shall be handled as Vietnamese citizens or apply international treaties to which our country has signed and joined.

Chapter V

IMPLEMENTING PROVISIONS

Article 25. Effective Date

1. This Circular takes effect from August 5, 2020, and replaces Circular No. 37/2013/TT-BCA dated August 27, 2013, issued by the Minister of Public Security on the procedures for patrolling, controlling, and handling administrative violations by inland waterway police.

2. When the legal normative documents cited in this Circular are amended, supplemented, or replaced by new documents, the new provisions shall be implemented.

Article 26. 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 subordinate to the Ministry, Provincial Public Security Directors, and City Public Security Directors directly under the Central Government are responsible for organizing the implementation of this Circular.

3. During the implementation of this Circular, if there are difficulties or obstacles, public security units at all levels shall report to the Ministry (through the Traffic Police Corps) for timely guidance./.