Circular No. 71/2024/TT-BCA on the management, operation, and use of the data management system for vehicle tracking devices and driver image recording devices

CIRCULAR

Regulations on management, operation, and use of the data management system for vehicle tracking devices and driver image recording devices
journey monitoring devices and driver image recording devices

BASED ON THE ROAD TRAFFIC ORDER AND SAFETY LAW dated June 27, 2024;

Decree No. 01/2018/NĐ-CP day 06 the 8 Article 2. The receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations shall be carried out in accordance with Decree No. 20/2008/NĐ-CP dated February 14, 2008 of the Government on the receipt, handling of reflections and petitions from individuals and organizations concerning administrative regulations (amended and supplemented by Decree No. 48/2013/NĐ-CP dated May 14, 2013 on amending and supplementing certain articles of decrees related to administrative procedure control and Decree No. 92/2017/NĐ-CP dated August 7, 2017 on amending and supplementing certain articles of decrees related to administrative procedure control).8 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

"a) State agencies, organizations, and individuals owning power plants operating within the territory of the Socialist Republic of Vietnam connected to the national power grid, except strategic multi-purpose hydropower plants, small renewable energy power plants applying the avoided cost tariff, power plants and units providing ancillary services, independently invested energy storage systems, and power plants applying the electricity purchase price mechanism as stipulated in relevant authorized documents;" Traffic Police;

The Minister of Public Security issues this Circular to regulate the management, operation, and use of the data management system for vehicle tracking devices and driver image recording devices. 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the management, operation, and use of the data management system for vehicle tracking devices and driver image recording devices, as well as the responsibilities of relevant units, organizations, and individuals.

Article 2. Applicability

1. Police officers and non-commissioned officers of the People's Public Security performing tasks related to the management, operation, and use of the data management system for vehicle tracking devices and driver image recording devices (hereinafter referred to collectively as officers and soldiers).

2. Public security units and localities.

3. Relevant organizations and individuals.

Article 3. Explanation of Terms

1. The data management system for vehicle tracking devices and driver image recording devices consists of a set of data systems for vehicle tracking devices, driver image recording devices, hardware, software, and transmission lines used to collect, manage, and utilize data collected from vehicle tracking devices and driver image recording devices.

2. The data system for vehicle tracking devices and driver image recording devices consists of data transmitted from vehicle tracking devices and driver image recording devices to the service server and then from the service server to the server of the Traffic Police Department.

3. Service server is the server of the transportation unit or service provider related to vehicle tracking and driver image recording that receives data transmitted from vehicle tracking devices and driver image recording devices.

4. Service provider related to vehicle tracking and driver image recording (hereinafter referred to collectively as service provider) is the entity organizing the provision of services for managing, consolidating, analyzing, and storing data transmitted from vehicle tracking devices and driver image recording devices according to contracts with automobile transport businesses or vehicle owners required to install vehicle tracking devices and driver image recording devices.

Article 4. Calculation methods

The calculation of exceeding speed limits, driving time, and failure to transmit data shall be determined uniformly on the service server and the server of the Traffic Police Department; specifically:

1. The calculation of exceeding speed limits shall be determined according to the calculation method prescribed in Appendix II attached to this Circular.

2. The calculation of driving time shall be determined according to the calculation method prescribed in Appendix III attached to this Circular based on Clause 1 of Article 64 of the Road Traffic Safety Law.

3. The determination of failure to transmit data shall be determined according to the calculation method prescribed in Appendix IV attached to this Circular.

Article 5. Appendices to this Circular

1. Appendix I: Message structure.

2. Appendix II: Method for calculating exceeding speed limits.

3. Appendix III: Method for calculating driving time.

4. Appendix IV: Method for determining failure to transmit data.

Chapter II

MANAGEMENT, OPERATION, AND USE OF THE DATA MANAGEMENT SYSTEM FOR VEHICLE TRACKING DEVICES

AND DRIVER IMAGE RECORDING DEVICES

AND DRIVER IMAGE RECORDING DEVICES

Article 6. Data System for Vehicle Tracking Devices and Driver Image Recording Devices

1. The data system for vehicle tracking devices and driver image recording devices includes: identification data, travel data, driver image data; specifically:

a) Identification data, including: name of transport business unit, tax code, name of authority issuing transport business license, vehicle registration number, number of passengers allowed to be carried by the means of transport or the maximum load capacity of the means of transport participating in road traffic, type of business;

b) Travel data, including: vehicle registration number, driver's license number, speed, time, coordinates and these information are continuously updated;

c) Driver image data, including: vehicle registration number, driver's license number, speed, time, coordinates, driver's image and these information are continuously updated.

2. Travel data and driver image data from the service server shall be transmitted to the server of the Traffic Police Department according to the bulletin structure specified in Appendix I attached to this Circular within a period not exceeding two minutes for travel data, and not exceeding five minutes for driver image data, from the moment the service server receives the data. In case of network interruption, the old data and current data must be sent simultaneously when the network resumes normal operation within no more than five days, with the approval of the Traffic Police Department. The old data will be transmitted through a separate and independent channel from the current data transmission channel. After the deadline for retransmitting old data, the system will recalculate all parameters.

3. The service server and the server of the Traffic Police Department participating in the transmission and reception of travel data and driver image data must be synchronized with national standard time according to the Network Time Protocol (NTP).

Article 7. Management, Operation, and Use of the Data Management System for Vehicle Tracking Devices and Driver Image Recording Devices

1. The data management system for vehicle tracking devices and driver image recording devices is managed, operated, and used by the Traffic Police force, and regularly monitors and checks the operation of the system.

2. Data in the data system for vehicle tracking devices and driver image recording devices shall be connected, shared, and secured in accordance with the provisions of the law.

Article 8. Hierarchical Management and Use of Data Collected from Vehicle Tracking Devices and Driver Image Recording Devices

1. The Traffic Police Department uniformly manages and uses data collected from vehicle tracking devices and driver image recording devices throughout the country, including:

a) Aggregating violation cases by each type of vehicle, each route, by province or city managing vehicle registration, by administrative boundaries, and at different time points;

b) Total number of violations and violation acts per day, month, year;

c) Ratio of total kilometers violated to total kilometers driven (in percentage);

d) Aggregating vehicles that exceed speed limits;

đ) Aggregating violations related to driving time as prescribed;

e) Number of times and duration without transmitting data in a month;

g) Aggregating other necessary information to serve management work on road traffic order and safety.

2. Provincial Public Security Departments and Municipal Public Security Departments under the Central Government manage and use data collected from vehicle tracking devices and driver image recording devices for vehicles within their jurisdiction.

Chapter III

RESPONSIBILITIES FOR MANAGEMENT, OPERATION, AND USE OF THE SYSTEM

AND DRIVER IMAGE RECORDING DEVICES

AND DRIVER IMAGE RECORDING DEVICES

Article 9. Responsibilities of the Traffic Police Department

1. Propose investment plans for building or leasing systems to manage data from vehicle tracking devices and driver image recording devices.

2. In case the main server of the Traffic Police Department does not receive data for thirty minutes or more, or if there are transmission or server malfunctions, it must issue warnings on the system managing data from vehicle tracking devices and driver image recording devices so that units using the data can be aware and handle the situation.

3. Provide data transmission accounts to organizations and individuals engaged in road transport using motor vehicles, and vehicle owners required to install vehicle tracking devices and driver image recording devices, or authorized service providers.

4. Provide access accounts to the provincial and centrally-administered city police departments for accessing the data system.

5. Provide specific guidance on procedures for transmitting and utilizing data collected from vehicle tracking devices and driver image recording devices.

6. Aggregate, analyze, and utilize data collected from vehicle tracking devices and driver image recording devices to serve management tasks related to security, public order, and road traffic safety.

7. Assign officers to monitor and operate the system managing data from vehicle tracking devices and driver image recording devices, ensuring continuous operation during usage.

8. Manage violation data stored in the system managing data from vehicle tracking devices and driver image recording devices of various units and localities; ensure confidentiality and security of the system.

9. Organize storage of data collected from vehicle tracking devices and driver image recording devices as follows:

a) Data collected from vehicle tracking devices shall be stored and accessible within the system for one year. All data must be backed up and stored externally for a minimum of three years, ensuring compliance with personal data protection requirements and the legitimate rights and interests of organizations and individuals.

b) Data collected from driver image recording devices shall be stored and accessible within the system for three months. All data must be backed up and stored externally for a minimum of one year, ensuring compliance with personal data protection requirements and the legitimate rights and interests of organizations and individuals.

Article 10. Responsibilities of Provincial and Centrally-Administered City Police Departments

1. Assign officers to monitor, operate, and use the data system collected from vehicle tracking devices and driver image recording devices at their level.

2. Utilize data collected from vehicle tracking devices and driver image recording devices according to regulations to serve management tasks related to security, public order, and road traffic safety within their authority.

3. Ensure the security of access accounts to the data system; guarantee the safety of the data system at their level.

Article 11. Responsibilities of Road Transport Enterprises and Vehicle Owners Operating Passenger Vehicles with Eight Seats or More (excluding the driver's seat), Tractor Trailers, Ambulances, and Tow Trucks

1. Manage vehicles, install vehicle tracking devices and driver image recording devices on vehicles in accordance with Clause 2 of Article 35 and Clause 2 of Article 54 of the Road Traffic Safety Law, ensuring compliance with national technical standards for vehicle tracking devices and driver image recording devices.

2. Accurately, completely, and continuously transmit data specified in Clause 1 of Article 6 of this Circular to the main server of the Traffic Police Department.

3. Ensure objectivity, accuracy, and timeliness in providing data, without altering or distorting data transmitted to the main server of the Traffic Police Department; ensure data security and confidentiality.

4. Alert drivers when vehicle tracking devices and driver image recording devices fail to transmit data to the main server of the service.

5. Systematically update and store data on the routes taken by vehicles participating in road traffic and images of drivers for a minimum of one year for data collected from vehicle tracking devices and three months for data collected from driver image recording devices.

Road transport enterprises and vehicle owners shall directly implement or hire service providers to implement the contents stipulated in this Article.

Article 12. Responsibilities of service providers

1. Ensure the provision of equipment in compliance with national technical standards for vehicle tracking devices and driver image recording devices.

2. Guarantee the objectivity, accuracy, and timeliness in providing data, without altering or distorting data transmitted to the Traffic Police Department's server; ensure the safety and confidentiality of data from transport businesses and vehicle owners.

3. Alert transport businesses, vehicle owners, and drivers when vehicle tracking devices or driver image recording devices fail to transmit data to the service server.

4. Systematically update and store data on the routes of vehicles participating in road traffic and driver images for a minimum period of one year for data collected from vehicle tracking devices and three months for data collected from driver image recording devices.

Article 13. Responsibilities of commercial transport bus drivers, passenger buses with eight seats or more (excluding the driver's seat), tractor units, ambulances, and tow trucks

1. Be responsible for managing vehicle tracking devices and driver image recording devices during the time they are assigned to drive.

2. Adhere to driving hours as stipulated in Clause 1 of Article 64 of the Road Traffic Order and Safety Law.

3. Promptly notify transport businesses and vehicle owners when vehicle tracking devices or driver image recording devices are not functioning or have lost connection.

Chapter IV

IMPLEMENTING PROVISIONS

Article 14. Effective Date

This Circular shall take effect from January 1, 2025.

Article 15. Responsibility for Implementation

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

2. The Director of the Department of Planning and Finance shall advise and report to the Ministry of Public Security on ensuring funding for the construction, management, and operation of the system for managing data from vehicle tracking devices and driver image recording devices.

3. Heads of units under ministries, provincial police chiefs, relevant agencies, organizations, and individuals shall be responsible for implementing this Circular.

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