Circular No. 72/2024/TT-BCA on the investigation and resolution procedures for road traffic accidents handled by Traffic Police

CIRCULAR

when violating management and operation of traffic accident investigation and resolution procedures

on national highways by Traffic Police

Pursuant to the Criminal Procedure Code dated November 27, 2015; the Law Amending and Supplementing Certain Provisions of the Criminal Procedure Code dated November 12, 2021;

Pursuant to the Criminal Code dated November 27, 2015; Law Amending and Supplementing Certain Provisions of the Criminal Code dated June 20, 2017;

Pursuant to the Road Traffic Safety Law dated June 27, 2024;

Pursuant to the Law on the Public Security Organs dated November 20, 2018; the Law Amending and Supplementing Certain Articles of the Law on the Public Security Organs dated June 22, 2023;

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 the Organization of Criminal Investigation Agencies dated November 26, 2015;

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 traffic accident investigation and resolution procedures on national highways by Traffic Police.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular provides for the organization of receiving and handling reports and initial resolution of traffic accidents on national highways; the content and methods of investigation, verification, and resolution of traffic accidents on national highways, and statistics of traffic accidents on national highways by Traffic Police.

2. For traffic accidents on national highways with signs of criminal offenses, the investigation and resolution shall be carried out in accordance with the provisions of criminal law and criminal procedure law. For traffic accidents on national highways without clear signs of criminal offenses, the content and methods of investigation, verification, and resolution shall be carried out in accordance with the provisions of this Circular and relevant laws.

Article 2. Applicability

1. Units, localities of the Public Security Force and officers and soldiers of the People's Public Security.

2. Agencies, organizations, and individuals related to the activities of investigating, verifying, and resolving traffic accidents on national highways.

Article 3. Standards for Traffic Police officers performing traffic accident investigation, verification, and resolution tasks and assignment of officers to investigate, verify, and resolve traffic accidents on national highways

1. Standards for Traffic Police officers performing traffic accident investigation, verification, and resolution tasks

a) Having a bachelor’s degree in Security, a bachelor’s degree in Police, or a bachelor’s degree in law or higher. In cases where they have graduated from non-Public Security universities and have been trained and retrained in Security and Police operations according to regulations;

b) Having at least six months of work experience in the Traffic Police force;

c) Having been recognized as completing training and retraining in traffic accident investigation and resolution operations;

d) Traffic Police officers meeting the standards prescribed in points a, b, and c of this Clause are the main handlers;

e) Traffic Police officers not meeting the standard prescribed in point a of this Clause but meeting the standards prescribed in points b and c of this Clause are supporting officers.

2. Assignment of officers to investigate, verify, and resolve traffic accidents on national highways

a) When assigning main handlers to investigate, verify, and resolve traffic accidents on national highways, there must be at least one main handler. The main handler bears overall responsibility, and the supporting officer (if any) bears responsibility for the assigned tasks;

b) Officers assigned to handle the investigation, verification, and resolution of traffic accidents on national highways shall comply with the provisions of Article 83 of the Road Traffic Safety Law 2024, this Circular, and other relevant legal provisions concerning the activities of investigating, verifying, and resolving traffic accidents on national highways.

Chapter II

SPECIFIC PROVISIONS

Section 1

ORGANIZATION OF RECEIVING AND HANDLING REPORTS AND INITIAL RESOLUTION OF TRAFFIC ACCIDENTS ON NATIONAL HIGHWAYS

Article 4. Organizations receiving reports on road traffic accidents

1. The agencies and units of Traffic Police shall be responsible for receiving reports on road traffic accidents, including:

a) The Highway Traffic Police Corps; highway traffic police teams under the Road Traffic Patrol and Control Department of the Highway Traffic Police Corps with independent headquarters;

b) Provincial Public Security Traffic Police Departments (hereinafter referred to collectively as Provincial Public Security Traffic Police Departments); traffic police teams and traffic police stations under Provincial Public Security Traffic Police Departments with independent headquarters;

2. The agencies and units specified in Clause 1 of this Article must organize duty shifts to receive reports on road traffic accidents. The location for receiving reports on road traffic accidents must be placed in a convenient place, marked with the name of the agency, phone number, staffed 24/24 hours by officers, and widely publicized so that everyone is aware.

3. Other agencies and units within the People's Public Security Force that receive reports on road traffic accidents, and officers and soldiers of the People's Public Security Force who receive reports or discover road traffic accidents during their duties shall have the responsibility to report such information to the agencies and units specified in Clause 1 of this Article to receive reports on road traffic accidents.

4. Receiving reports on road traffic accidents at the unit's headquarters The officer on duty receiving reports on road traffic accidents must inquire about the following information clearly:

a) Name, address, phone number (if available) of the person reporting the information;

b) Time of receiving the report, time and location where the road traffic accident occurred;

c) Initial casualties involving people: number of deaths, number of injuries (if any);

d) Information about vehicles (license plate number, type of vehicle, other characteristics if any), damage to vehicles, road traffic infrastructure, and other property (if any);

đ) Name, address, phone number of related persons or those who know about the occurrence of the road traffic accident (if any);

e) In cases where the driver of the vehicle flees from the scene of the road traffic accident, detailed information about the characteristics of the vehicle (license plate number, color, type, brand) and the direction of movement of the vehicle, as well as the characteristics of the driver, must be asked;

g) Other relevant information about the road traffic accident.

5. After receiving reports on road traffic accidents according to Clause 4 of this Article, the officer on duty must immediately report to the leadership and command of the unit to handle the report according to regulations (the reporting to leadership shall be carried out according to the unit's regulations on information work and reporting).

6. Traffic Police officers receiving reports on road traffic accidents while performing patrol, control, and violation handling tasks on the route or area

a) If they directly discover a road traffic accident, they must report to the leadership and command of the unit to proceed with handling according to their authority; in cases not within their authority, they must inform the competent agency or unit to handle the case and cooperate as required;

b) Upon receiving reports of road traffic accidents on the assigned patrol, control, and violation handling routes, they must promptly go to the scene to verify and act according to the provisions of point a of this Clause;

c) The discovery or receipt of reports of road traffic accidents must be recorded in the Traffic Patrol and Control Plan Book and Log according to the content stipulated in Clause 4 of this Article.

7. Receiving reports on road traffic accidents through applications managed and used by Traffic Police

Officers assigned the task of duty and exploitation on the application to receive and process information from applications managed and used by Traffic Police must review, classify, and if the information requirements are met when a road traffic accident occurs, store it in the application and report to the leadership and command with the authority to organize verification and handling of the report according to Article 5 of this Circular.

8. Receiving reports on road traffic accidents reported through other forms shall be implemented as follows:

a) If reported through mass media, officers shall receive the report by photocopying, writing down, or printing the article on paper to report to the leadership and command for handling;

b) If reported through radio or television broadcasts, officers shall receive the report by writing it down in a document to report to the leadership and command for handling;

c) If reported through email, officers shall receive the report by printing the email or writing down its content in a document to report to the leadership and command for handling;

d) If reported through letters or documents sent via postal service or courier, officers must immediately classify them upon receipt and report to the leadership and command for handling or transfer them to the competent agency or unit to receive and handle reports on road traffic accidents according to the procedures and formalities stipulated in this Circular.

9. When receiving reports on road traffic accidents according to Clauses 4, 6, 7, and 8 of this Article, the officer receiving the report must record the information stipulated in Clause 4 of this Article in the Accident Record Book according to Form No. 01/TNĐB issued together with this Circular.

Article 5. Handling reports of road traffic accidents

1. The direct command leader of the Traffic Police Department who receives a report about a road traffic accident shall handle it as follows:

2. The direct command leader of the Traffic Police Department of the provincial Public Security Office who receives a report about a road traffic accident shall handle it as follows:

a) If the report of a road traffic accident occurs on the route assigned for patrol, supervision, and handling of violations, they shall implement the provisions set out in point a, Clause 1 of this Article;

a) If the report of a road traffic accident occurs on the route or area assigned for patrol, supervision, and handling of violations, they must immediately dispatch traffic police officers to the scene to check and verify the report of the road traffic accident; if a road traffic accident has occurred, they shall carry out the task of investigating, verifying, and resolving the accident according to regulations;

b) In case the road traffic accident occurs on the route assigned for patrol, supervision, and handling of violations under the Traffic Police Department or the Traffic Police Department of the provincial Public Security Office or within the jurisdiction of another district Public Security Office, they shall notify the duty officer of the unit responsible for patrolling, supervising, and handling violations on the route or in the area where the road traffic accident occurred to perform tasks according to their authority and cooperate in investigating, verifying, and resolving the road traffic accident according to regulations.

4. In cases where the road traffic accident involves complex circumstances; results in death of three or more people; causes prolonged traffic congestion along multiple routes, areas, and provinces; causes a disaster; or requires cooperation in rescue and relief, traffic regulation, and resolution of traffic congestion involving public security forces from multiple provinces and centrally-administered cities, the agency or unit receiving the report of the road traffic accident shall handle it as follows:

7. In cases where the driver of the vehicle involved in a road traffic accident flees, the traffic police officer receiving the report must report to the leadership of the unit to deploy measures, organize the search for the person and vehicle that fled, and simultaneously notify the traffic police of units and localities on the route or in the area assigned for patrol, supervision, and handling of violations to organize the search for the person and vehicle that fled.

8. In case traffic police officers arrive at the scene of a road traffic accident but the parties involved have already left the scene (there is no longer a scene, no information about persons or vehicles involved), they must prepare the Incident Report according to Model No. 02/TNĐB issued together with this Circular.

Article 6. Initial handling when traffic police officers on patrol or inspection duties discover a road traffic accident or are assigned to the scene of a road traffic accident.

Traffic police officers on patrol or inspection duties who discover a road traffic accident or are assigned by authorized leaders to the scene must perform the following tasks:

1. Organize rescue and emergency response operations.

a) Observe the scene, identify dangers such as fire, explosion, toxic substances, risks of vehicle collapse or tipping over, threats to the lives and health of injured persons still trapped in vehicles, or potential threats to the investigation team. Implement urgent measures to prevent and stop these dangers and report to unit leadership for coordination with other forces under the People's Public Security according to Article 14 of Circular No. 62/2020/TT-BCA dated June 19, 2020, issued by the Minister of Public Security, regarding the allocation of responsibilities and cooperation in traffic accident investigations and resolution by public security forces to organize rescue and emergency response operations and minimize losses.

b) Determine the number of fatalities and injuries; promptly notify the nearest medical facility if there are injured persons requiring emergency care. If injured persons remain at the scene after the accident, mark their positions, and if necessary, provide preliminary first aid before transporting them to a hospital; if using vehicles related to the accident to transport injured persons to a hospital, mark the positions of the vehicles and traces on them, record relevant information about the vehicles and their drivers (if applicable).

c) If the injured persons have been transported to a hospital or have left the scene upon arrival, assign officers to verify the identities of the victims; through doctors and medical staff treating the victims, quickly verify the condition of the victims' physical injuries.

d) If the victim refuses to be taken to a hospital, traffic police officers must prepare a Record according to Form No. 02 issued together with Decree No. 118/2021/NĐ-CP dated December 23, 2021, issued by the Government detailing certain provisions and enforcement measures of the Law on Handling Administrative Violations (hereinafter referred to as Decree No. 118/2021/NĐ-CP), record this incident, and obtain confirmation from healthcare personnel (if available) and witnesses.

đ) In cases where the victim has died, maintain the original position and cover the body, do not move vehicles related to the accident at the scene (if the body's position could cause traffic congestion without a traffic diversion plan, mark the position, take photos and video recordings of the body and its position, then quickly move it to a suitable location for protection).

e) If vehicles related to the accident are damaged and cannot operate, notify relevant rescue units to arrange appropriate specialized towing and recovery equipment to the scene to remove the vehicles to suitable locations according to the requirements of the officers responsible for investigating, verifying, and resolving the accident. All rescue costs shall be borne by the owners of the vehicles.

2. Protecting the accident scene.

a) Use reflective ropes, cone-shaped markers, road closure signs, directional signs, danger warning signs, auxiliary signs, lights, and hazard warning lights provided to traffic police officers on patrol and inspection duties to demarcate and protect the scene, ensuring safety for the investigation team, and taking measures to protect the property of the victims and goods on the vehicles involved in the accident.

b) Deploy officers to direct traffic in the protected area around the scene, maintaining a minimum distance of 70 meters (for expressways, a minimum of 100 meters). Simultaneously place danger warning signs, speed limit signs, and directional signs 1 meter to 2 meters ahead of the traffic directing officers to alert vehicle drivers passing through the scene to reduce speed and pay attention to avoid endangering the investigation team.

c) If there are specialized motor vehicles of the traffic police equipped with sirens and lights, park the vehicle close to the right shoulder of the road in front of the scene in the direction of traffic flow, and place cone-shaped markers, danger warning signs, speed limit signs, and directional signs behind the vehicle according to regulations. At the same time, activate the siren and light system to warn other vehicles.

3. Organizing and guiding traffic to prevent congestion.

a) If vehicles related to the accident may cause traffic congestion, mark the positions of the vehicles and traces on them, take photos and videos of the vehicles and their positions, and quickly move the vehicles to suitable locations for protection, except in cases specified in point đ, Clause 1 of this Article.

b) If the accident has caused traffic congestion, report to unit leadership to strengthen manpower and equipment, implement traffic diversion plans, and resolve congestion from a distance.

4. In case the person or vehicle involved in a road traffic accident flees, in addition to complying with the provisions stipulated in Clauses 1, 2, and 3 of this Article, it is necessary to verify detailed information about the characteristics of the person causing the accident who fled; the type of vehicle, paint color, and license plate number of the vehicle (to be checked on the software registration and management system for vehicles), especially the damage to the vehicle and the direction in which the vehicle fled.

Compare and identify traces formed during the collision. Based on the characteristics of the fleeing vehicle and the traces left on the vehicle, organize the search for the person and vehicle causing the accident, notify traffic police units along the route to cooperate in the pursuit, and simultaneously announce through mass media to search for them.

5. Mobilize civilian personnel, vehicles, and equipment in emergency situations.

In cases of emergency to transport injured persons for urgent medical care, to pursue criminal offenders, persons involved in road traffic accidents who flee, rescue operations, firefighting, or other urgent tasks, the mobilization of civilian personnel, vehicles, and equipment shall be carried out according to the provisions of Article 68 of the Road Traffic Safety Law 2024.

6. Collect initial information.

a) Observe to detect and collect evidence that may change or disappear easily; changes affecting the accident scene during the organization of emergency medical care for injured persons.

b) Find the driver and other persons related to the road traffic accident; check and temporarily detain the documents of the person and the vehicle involved in the road traffic accident according to regulations; if the information on the documents of the person and the vehicle has been integrated and updated in the electronic identity card, electronic identification account on the National Identification Application, or in the database managed by the Ministry of Public Security, then the verification shall be conducted through the information in the electronic identity card, electronic identification account on the National Identification Application, or the database managed by the Ministry of Public Security.

c) Find witnesses and people who know about the incident to collect information regarding the road traffic accident (if available, record their full name, place of residence, phone number, personal identification number, or passport or international travel documents).

d) Use technical equipment provided to traffic police forces to immediately test the blood alcohol concentration, narcotics, or other stimulants prohibited by law from the drivers involved in the road traffic accident at the scene, or request medical facilities to test the blood alcohol concentration, narcotics, or other stimulants prohibited by law in the blood of the drivers involved in the accident who are being treated or cannot be tested using technical equipment.

đ) Review and collect electronic data from the Traffic Surveillance System of the Traffic Police; request relevant agencies, organizations, or individuals to provide electronic data from the monitoring cameras, onboard monitoring devices installed on vehicles passing through the accident site, or images from cameras of nearby agencies, organizations, or individuals within the time frame of the road traffic accident (if available).

7. Coordinate with relevant units to initially assess the preliminary damage to persons and property at the scene of the road traffic accident.

a) The Traffic Police shall take the lead and coordinate with relevant units to initially assess the preliminary damage based on the actual situation at the scene, including: damaged vehicles and property; human casualties; statements from the drivers of the road traffic vehicles, victims, and related persons, and collected information and documents to determine the preliminary value of the damage to persons and property.

c) The initial assessment of damage must be recorded in Form No. 03/TNĐB issued together with this Circular. If there are differing opinions among the members, the leading unit shall decide on the initial assessment of damage.

8. When performing tasks as stipulated in Clauses 1, 2, 3, 4, 5, 6, and 7 of this Article,

For officers of the Traffic Police Corps, report to the Director of the Corps; for officers of the Provincial Traffic Police Department, report to the Head of the Department to immediately transfer the case to the competent Criminal Investigation Department of the Provincial Police for investigation and resolution; for officers of the County Traffic Police, report to the Head of the County Police to assign an investigator to take over the investigation and resolution.

b) In cases where a road traffic accident does not fall under point a of this Clause but falls within the responsibility for investigation and resolution of the Traffic Police Corps and the Provincial Traffic Police Department if it is determined that the road traffic accident may involve criminal offenses as stipulated in one of Articles 260, 261, 262, 263, 264, and 281 of the Criminal Code 2015 (amended in 2017), officers of the Traffic Police Corps must report to the Director of the Corps, and officers of the Provincial Traffic Police Department must report to the Head of the Department to carry out their investigative duties and powers as prescribed in Article 38 of the Law on the Organization of Criminal Investigation Agencies 2015 and Article 40 of the Criminal Procedure Code 2015 (amended in 2021).

c) For road traffic accidents that do not fall under the circumstances specified in points a and b of this Clause, Traffic Police officers shall be assigned to conduct investigations, verifications, and resolutions in accordance with this Circular and relevant laws.

9. During the process of verifying and resolving road traffic accidents, if there is a person who was injured and undergoing treatment but subsequently dies, or there is a basis to determine that the cause of death is due to the road traffic accident, the following actions shall be taken:

Section 2

CONTENTS, INVESTIGATIVE MEASURES AND VERIFICATIONS OF ROAD TRAFFIC ACCIDENTS

Article 7. Contents of investigation and verification of details of road traffic accidents

1. When conducting investigations and verifications of road traffic accidents, Traffic Police officers have the responsibility to clarify:

a) Whether there are signs of criminal offenses;

b) Whether there are violations of traffic order and safety; the course of events and causes leading to the road traffic accident;

c) Individuals and organizations implementing violations of traffic order and safety, the fault, and personal background of the violator;

d) Aggravating and mitigating circumstances;

đ) The nature and extent of damage caused by violations of traffic order and safety;

e) Other circumstances significant for considering and deciding on penalties and resolving the road traffic accident;

g) Shortcomings, loopholes, and deficiencies in traffic organization, quality of traffic infrastructure; management of vehicles and drivers;

h) During the investigation and verification process, it may be necessary to request forensic examination and asset valuation.

2. Traffic Police officers assigned to the scene to conduct investigative measures, verifications, and resolutions of road traffic accidents must prepare a Record of the Incident according to Model No. 02/TNĐB issued together with this Circular. Within 24 hours from the time of preparing the Record of the Incident, the Traffic Police officer responsible for the Record must report to the authorized leader to issue a Decision assigning officers to investigate, verify, and resolve the road traffic accident according to Model No. 04/TNĐB issued together with this Circular and prepare a Plan for Investigative Measures, Verifications, and Resolutions of Road Traffic Accidents according to Model No. 05/TNĐB issued together with this Circular, which has been approved by the authorized leader.

3. Investigative measures and verifications of details of road traffic accidents shall be carried out in accordance with Articles 8, 9, 10, 11, 12, 13, 14, and 15 of this Circular.

Article 8. Examination of the scene of a road traffic accident

1. The examination of the scene for road traffic accidents that have one of the signs specified in points a and b, Clause 8, Article 6 of this Circular shall be carried out in accordance with the provisions of criminal procedure law.

2. The examination of the scene for road traffic accidents that do not have one of the signs specified in points a and b, Clause 8, Article 6 of this Circular shall be conducted in accordance with Clauses 3, 4, 5, 6, and 7 of this Article.

3. Matters to be performed before examining the accident scene:

a) Accepting tasks from the site protection department;

b) Determine the scope of the scene; the position of victims, evidence, vehicles, traces; assess whether the scene remains intact or has been disturbed. Use cameras provided to record the entire area of the scene before examination;

Depending on the nature and severity of the road traffic accident, invite appropriate participants such as: Criminal technical officers; Traffic police investigators, Fire prevention, firefighting and rescue police; Police from communes, wards, towns, posts, stations where the road traffic accident occurred; representatives of the local authority at the commune level where the road traffic accident occurred; representatives of vehicle inspection facilities or individuals, organizations with expertise (related to the examination of motor vehicles); representatives of road management units, representatives of construction management units, representatives of specialized technical units related to the accident (for road traffic accidents involving bridges, roads, tunnels); representatives of enterprises (persons with knowledge in valuation fields) to determine initial asset damage value; witnesses; persons with rights and obligations related to the accident;

d) Assigning tasks to participating members;

d) Choose the method of examination; determine the direction of examination appropriately; identify reference objects (landmarks), standard edges of the road to locate the positions of victims, evidence, vehicles, and traces. Reference objects must be durable over time, easily recognizable, and convenient for measuring and drawing the scene diagram;

e) Prepare technical equipment, tools, and devices, including scanning equipment for the scene (if available) to serve the examination of the scene.

4. Conducting the examination of the scene

When conducting the examination of the scene, a Record of Scene Examination of Road Traffic Accident must be established according to Model No. 06/TNĐB issued together with this Circular, and a Diagram of the Scene of Road Traffic Accident must be drawn according to Model No. 07/TNĐB issued together with this Circular; the scene diagram must correspond to the Record of Scene Examination. The specific examination of the scene is as follows:

a) Observe the entire area where the road traffic accident occurred to determine the positions of victims, evidence, vehicles, and traces related to the accident at the scene;

b) Based on the direction of examination and landmarks at the scene, mark the sequential positions of all victims, evidence, vehicles, and traces related to the accident;

c) Take photos of the scene, including: general scene photos, partial scene photos, video recordings (if available); take photos of victims, evidence, vehicles, and traces related to the accident and place scale rulers. The photo documentation of the scene must be compiled into a Photo Record of the Scene, arranged in sequence, with annotations;

d) Measure and draw a diagram of the scene of the road traffic accident, using consistent symbols and units of measurement; depict the traffic organization (road signs, lane markings, signal lights, and other related signaling systems, attached structures along the road where the accident occurred); the explanatory section must show the scale of the diagram, traces, and symbols on the scene diagram;

e) Collect evidence, vehicles, and traces for preservation and sampling in accordance with the law. Traces that are easily changed or deformed must be collected and preserved immediately, such as bloodstains, hair, fibers, fuel, oil, and other chemical traces.

5. Establishing the Record of Scene Examination of Road Traffic Accident

The content of the Record of Scene Examination must include the start and end times of the examination, location, participants in the examination, the condition of the scene before the examination, weather and lighting conditions during the examination, the process of examination, specifically as follows:

a) Describe the general scene: location of the scene; characteristics of the scene; type of road where the accident occurred (one-way or two-way, type of median strip, guardrails, barriers), width of the road surface, width of the shoulder, road signage system, obstacles on the road, characteristics and shape of the road section (flat or sloping, straight or curved, obstructed or unobstructed view), characteristics of the road surface (made of what material: concrete, asphalt, gravel, soil); condition of the road surface (smooth, rough, cracked, slippery);

d) Describing the positions and characteristics of victims, traces, vehicles, and evidence on the scene;

c) Record the identification of reference objects (landmarks), standard edges of the road, and the direction of the scene examination;

d) Describe the positions and characteristics of victims, evidence, vehicles, and traces on the scene in numerical order as marked on the scene;

6. Concluding the examination of the accident scene:

e) Record the process of using electronic scanning equipment, scene modeling for measuring and drawing the positions and characteristics of victims, evidence, vehicles, and traces on the scene, drawing the scene or taking photos of the scene, recording videos (if available).

6. Concluding the examination of the scene of a road traffic accident

c) Approving and signing the Traffic Accident Scene Examination Report and the Traffic Accident Scene Diagram.

c) Approving and signing the Record of the Scene Examination and the Diagram of the Accident Scene;

c) Approve and sign the Record of Scene Examination, Diagram of the Scene of Road Traffic Accident.

7. After examining the scene, traffic police officers assigned to investigate, verify, and resolve the road traffic accident must submit a Report on the Results of Scene Examination of Road Traffic Accident according to Model No. 08/TNĐB issued together with this Circular and propose further investigation, verification, and resolution measures.

Article 9. Inspection of vehicles related to road traffic accidents

1. The participants in the inspection shall be carried out in accordance with point c, Clause 3, Article 8 of this Circular.

2. Vehicles related to road traffic accidents must be inspected and a Vehicle Inspection Report related to the road traffic accident must be established according to Model No. 09/TNDB issued together with this Circular at the scene or at the temporary vehicle holding place immediately after the completion of the scene inspection. If there are multiple vehicles involved, each vehicle shall be inspected sequentially, and a separate Vehicle Inspection Report related to the road traffic accident shall be established for each vehicle.

3. Check all documents of the vehicle driver, documents of the vehicles related to the road traffic accident such as: driving license, personal identification documents (if available), vehicle registration (compare with license plate number, chassis number, engine number), certificate of technical safety inspection and environmental protection (for types of vehicles required to have such certificates), compulsory civil liability insurance certificate for motor vehicles, and other documents related to the transportation business conditions of the vehicle and goods transported on the vehicle (if available). In cases where relevant documents of individuals and vehicles are integrated into electronic identity cards, electronic identification accounts on the National Identification Application, traffic police shall conduct document checks through the electronic environment.

4. Inspection of automobiles, specialized motorcycles, and similar vehicles shall be conducted from outside to inside, from front to back, from right to left, from top to bottom including undercarriage; placing scale rulers and taking photographs, recording video (if applicable). Inspect the steering system, braking system, suspension system, clutch, throttle, gear, instruments, lights, horn, mirrors, windshield wipers, data storage devices of the engine operation, vehicle safety systems, and other equipment of the vehicle according to the technical safety inspection contents of road motor vehicles; goods and objects carried on the vehicle.

5. Inspection of motorcycles, bicycles, and similar vehicles shall be conducted from outside the vehicle, from front to back, from right to left, from top to bottom; placing scale rulers and taking photographs, recording video (if applicable). Inspect the braking system, clutch, throttle, gear, instruments, lights, horn, mirrors, and other equipment of the vehicle (if available).

6. The Vehicle Inspection Report related to the road traffic accident must record specifically: documents, characteristics of the vehicle; description of traces; damage and defects of the vehicle recorded; collection of samples, traces, and technical equipment (such as journey cameras, vehicle tracking devices, black boxes, other electronic data storage devices) to serve forensic work.

7. Approve and sign the Vehicle Inspection Report related to the road traffic accident.

Article 10. Temporary detention, handling of vehicles, items, documents, licenses, and professional certificates of drivers related to road traffic accidents for investigation, verification, and resolution

1. The temporary detention of vehicles, items, documents, licenses, and professional certificates of drivers related to road traffic accidents shall be implemented in accordance with Article 125 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020) and other relevant regulations.

For cases where relevant documents of individuals and vehicles are integrated into electronic identity cards, electronic identification accounts on the National Identification Application when temporarily detaining documents, traffic police shall carry out the temporary detention of documents through the electronic environment.

2. Before extending the period of temporary detention of vehicles, items, documents, licenses, and professional certificates of drivers, the investigator, verifier, and resolver of road traffic accidents must report and propose an extension of the temporary detention period according to Model No. 10/TNDB issued together with this Circular.

3. The handling of vehicles, items, documents, licenses, and professional certificates of drivers related to road traffic accidents shall be carried out in accordance with Article 126 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020) and other relevant regulations.

4. After completing the inspection of the vehicles involved in the accident, if it is determined that the driver did not commit any fault and did not violate other laws, the vehicle must be immediately returned to its owner or the driver. Strictly prohibit the retention of vehicles of parties involved in road traffic accidents as a basis for resolving compensation claims.

Article 11. Recording statements of drivers participating in road traffic, victims, witnesses, and other related persons in road traffic accidents

1. The recording of statements must be documented in a Statement Recording Form according to Model No. 17/TNĐB issued together with this Circular; the record must clearly state the time (hour, day, month, year), location of the statement recording; the name, position of the person recording the statement; the name, address, occupation, personal background, health condition of the person whose statement is being recorded; the time and place where the road traffic accident occurred, traffic density; request the person whose statement is being recorded to provide a self-statement (if possible). For individuals under 18 years old, when recording their statements, invite their guardians (father, mother, legal representative, teacher, or principal) to attend and sign on the record.

2. Recording statements of drivers involved in road traffic accidents: information about driving licenses; the position of the vehicle on the road, direction of movement, speed, technical maneuvers; the driver's recognition of the situation before the road traffic accident occurred and how they handled it before, during, and after the accident; circumstances related to the road traffic accident; development, cause, and consequences of the road traffic accident. If the driver has alcohol, narcotics, or other prohibited stimulants in their system, immediately inquire about the time of use, whether before or after the road traffic accident occurred.

3. Recording statements of victims and other related persons in road traffic accidents: the content of the statements must clarify the development, cause of the road traffic accident, human and property losses caused by the road traffic accident; in cases where there are seriously injured persons or those who may die, record the statements immediately or use professional cameras provided to record the statements; concise and clear questions should be asked. If the victim due to serious injury cannot speak, a record must be made with a witness present.

4. Recording statements of witnesses

a) The content of the statements must clarify the following issues: the relationship of the witness with the parties involved in the road traffic accident; the location, distance between the witness and the site of the road traffic accident, weather and lighting conditions at the time of the accident, how they became aware of the road traffic accident; the direction of movement of the parties involved in the road traffic accident (persons and vehicles); the section of the road and speed, handling actions of the driver, other road users before, during, and after the road traffic accident; the location of evidence, vehicles, and persons after the road traffic accident, whether that location was changed, if so, who made the change, why? how was it changed; the external manifestation of the psychological state of the person causing the accident (influence of alcohol, beer, or other strong stimulants, health condition); other factors related to the road traffic accident that they know, who else knows about the occurrence of the road traffic accident;

b) When necessary, organize for the witness to reenact the scene to verify the objectivity and authenticity of the statement;

c) In cases where it is not possible to record the statement of the witness immediately at the scene, traffic police officers must record information about the witness's place of residence, workplace, school, contact phone number (if available). The statement can be recorded at the witness's place of residence, workplace, or the witness can be invited to the police station to give a statement;

d) In cases where there are multiple witnesses to the road traffic accident, select statements from witnesses with sufficient grounds for verification; if initial verification determines that there are no witnesses, traffic police officers must report to the competent authority.

Article 12. Recording marks on the body of victims in traffic accidents

1. The recording of marks on the body of victims must be done with the victim's consent and recorded meticulously; described specifically and detailed in the Record of Marks on the Body of Victims according to Model No. 11/TNĐB issued together with this Circular. Mark the location of injuries on the Diagram of Injury Marks Locations on the Body of Victims according to Model No. 12/TNĐB issued together with this Circular, place a scale ruler, take photographs, and create an image record of injury marks. The recording of marks on the body must be conducted by a person of the same gender and must have a witness of the same gender present. In necessary cases, a doctor or medical staff from a healthcare facility (if available) may be invited to participate.

2. If the victim goes for emergency treatment, a certificate of injury, treatment records for injuries caused by the accident, or the results of a request for a forensic assessment of the degree of bodily injury must be collected.

3. If the victim does not go for emergency treatment but requests a forensic assessment of the degree of bodily injury, the provisions of Clause 1 of this Article must be implemented and a report made to the competent authority leader requesting or proposing the relevant agency to conduct the forensic assessment according to the law.

Article 13. Inspection and verification of conditions of vehicles, drivers when participating in road traffic; inspection of passengers, transported goods, and related documents

1. Inspect and verify the types of documents specified in Clause 3 of Article 9 of this Circular; check if they have been altered, erased, or issued by a competent authority. Verify from the Road Traffic Safety Database to determine the driving history of the vehicle driver confirmed by the unit managing the database system.

2. The inspection and verification of vehicles, drivers, passengers, transported goods, load capacity according to regulations on the vehicle, and related documents must invite representatives of organizations or enterprises (with authority and expertise in valuation fields) to determine the value of property damage and establish an Inspection Verification Record.

Article 14. Specialized Appraisal, Valuation of Property Damage

1. In cases requiring an appraisal of the degree of bodily injury of victims, mark appraisal; technical appraisal of vehicles, bridges, roads, ferries, traffic organizations, quality of transportation works directly related to road traffic accidents to serve as the basis for resolving road traffic accidents according to Clause 1 of Article 59 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020), valuation of property damage, traffic police officers assigned the task of investigating, verifying, and resolving road traffic accidents must report to the competent authority leader to issue a Decision requesting an appraisal, requesting valuation of property damage to request or propose relevant agencies to conduct the appraisal, valuation of property according to the law.

2. For traffic police officers under the Traffic Police Corps or Provincial Traffic Police Department during the process of verifying and resolving road traffic accidents within the investigative tasks and powers of the force units in the Public Security assigned to carry out some investigative activities and find it necessary to implement the procedure of requesting an appraisal, requesting valuation of property when falling under one of the cases stipulated in Article 205 or Article 215 of the Criminal Procedure Code 2015 (amended and supplemented in 2021), they must report to the Director of the Traffic Police Corps or the Head of the Provincial Traffic Police Department with a letter requesting the same-level Criminal Investigation Agency to conduct an appraisal request, valuation request according to Model No. 15/TNĐB issued together with this Circular. Within 24 hours from issuing the request letter to the Criminal Investigation Agency, the Traffic Police Corps or Provincial Traffic Police Department must send it to the same-level People's Procuratorate with the requested Criminal Investigation Agency.

3. In cases where victims or their representatives refuse to undergo injury appraisals without valid reasons or due to objective obstacles, efforts should be made to persuade them about their rights and obligations according to the law; if they persistently refuse, a record must be established detailing the refusal reasons, confirmed by them and witnesses. Actively collect medical records at healthcare facilities to cooperate with relevant appraisal units through records in cases where direct victim participation in appraisals faces difficulties. If victims or their representatives continue to obstruct, oppose, then handle according to the nature and severity as prescribed by law.

Article 15. Reconstruction of the scene of a road traffic accident

1. During the investigation and verification of a road traffic accident, if there is evidence to determine that the scene has been disturbed, falsified, or if it is deemed necessary for the investigation and verification of the road traffic accident, the scene of the road traffic accident shall be reconstructed for investigation and verification. The reconstruction of the scene must have a Plan for Reconstructing the Scene according to Model No. 16/TNĐB issued together with this Circular and must be approved by the competent authority.

2. The content of reconstructing the scene needs to re-determine the positions of the victims, objects, vehicles, and traces left at the scene, review the situations, actions, and circumstances when the road traffic accident occurred; measure and redraw the diagram of the scene; take photographs for comparison purposes.

3. Upon completion of the reconstruction of the scene of the road traffic accident, a Record of Examination of the Reconstructed Scene must be established, along with a Diagram of the Reconstructed Scene of the Road Traffic Accident; those participating in the reconstruction of the scene must sign their full names on the record and diagram.

Article 16. Reviewing the results of the investigation and verification of a road traffic accident

Traffic Police officers, while performing tasks as prescribed in Articles 8, 9, 10, 11, 12, 13, 14, and 15 of this Circular, shall determine:

1. In cases where a road traffic accident does not indicate criminal offenses, report the results and propose solutions to the road traffic accident according to Model No. 10/TNĐB issued together with this Circular to the competent authority to issue a Notice of Investigation and Verification Results and Resolution of the Road Traffic Accident according to Model No. 13/TNĐB issued together with this Circular. The resolution of the road traffic accident shall be carried out in accordance with Article 18 of this Circular.

2. In cases where a road traffic accident indicates criminal offenses,

a) Traffic Police officers under the Traffic Police Department must report to the Director of the Department, and Traffic Police officers under the Provincial Public Security Traffic Police Department must report to the Head of the Department to direct the investigation and resolution of the road traffic accident in accordance with Article 22 of this Circular;

3. In cases where individuals or organizations are found to intentionally infringe upon the lives, health, or property of others or intentionally cause a road traffic accident to conceal other criminal acts, Traffic Police officers must report to the competent authority to issue a Decision to transfer the file, objects, and vehicles to the competent investigative agency to initiate criminal proceedings according to Article 62 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020).

Section 3

RESOLUTION OF ROAD TRAFFIC ACCIDENTS

Article 17. Time limit for investigating, verifying, and resolving road traffic accidents

1. For road traffic accidents without signs of criminal offenses, the time limits for investigation, verification, and resolution are as follows: Upon receiving information about a road traffic accident, Traffic Police must conduct investigation, verification, and resolution within no more than seven working days; in cases where the road traffic accident involves complex circumstances requiring additional verification or specialized examination, the period may be extended but not exceeding one month from the date of receipt of information about the road traffic accident; in cases where additional time is needed to verify and collect evidence, the period may be further extended, but not exceeding two months from the date of receipt of information about the road traffic accident. Any extension must be reported in writing to the competent authority according to Model No. 10/TNĐB issued together with this Circular.

2. For road traffic accidents as stipulated in point b, Clause 8, Article 6 of this Circular, or during the investigation, verification, and resolution of road traffic accidents as stipulated in point c, Clause 8, Article 6 of this Circular, if criminal signs are discovered, the Traffic Police Department or the Provincial Public Security Traffic Police Department shall implement verification and resolution according to the time limits prescribed in Clause 1 and Clause 2 of Article 147 of the Criminal Procedure Code 2015 (amended and supplemented in 2021) and Articles 9 and 11 of Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated December 29, 2017 of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development, and the Supreme People's Procuracy on cooperation among competent agencies in implementing certain provisions of the Criminal Procedure Code 2015 regarding the acceptance, handling, and resolution of reports and complaints about criminal offenses and requests for prosecution (amended and supplemented in 2021) and Article 12 of Circular No. 28/2020/TT-BCA dated March 26, 2020 of the Minister of Public Security on procedures and formalities for the acceptance, classification, handling, and resolution of reports and complaints about criminal offenses and requests for prosecution by the People's Public Security force (amended and supplemented in 2021).

Article 18. Handling Road Traffic Accidents through Administrative Procedures

Based on the investigation and verification files, traffic police officers report to authorized leaders to handle road traffic accidents as follows:

1. Invite the parties involved or their lawful representatives to the unit's office to inform them of the investigation and verification results (concluding the cause, course of the road traffic accident, identifying the fault of those involved in the road traffic accident, and administrative violation handling methods), while establishing a Record of Road Traffic Accident Resolution according to Model No. 14/TNĐB issued together with this Circular. Establish an Administrative Violation Record (if applicable) in accordance with the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020).

If one of the parties involved in the road traffic accident is absent for a legitimate reason, a record of absence must be established and a time for resolution set.

2. Report to authorized leaders to issue decisions on administrative penalties in the field of road traffic; when applying the form of revoking the right to use licenses, certificates, traffic police implement the revocation of such documents electronically in cases where these documents have been integrated into electronic identification cards, electronic identity accounts on the National Identification Application; deduct points, restore driving license points according to the Government's regulations (if applicable).

3. Guide the parties involved in the road traffic accident to resolve civil compensation claims at the agency or unit's office.

In case the parties involved in the road traffic accident cannot reach an agreement on civil compensation, a record must be established, and guide the parties to contact the competent court to resolve the matter through civil litigation procedures.

4. After completing the investigation, verification, and resolution of the road traffic accident, the traffic police officer handling the case will complete the file and report to the unit leader to conclude the investigation, verification, and resolution of the road traffic accident; implement statistical and reporting systems for road traffic accidents, store files in accordance with the Ministry of Public Security and relevant laws.

5. For road traffic accidents investigated and resolved by the Investigation Agency but later decided not to initiate criminal proceedings, revoke the decision to initiate criminal proceedings, terminate the investigation, or terminate the case, where the administrative violation behavior is transferred, the investigation file, evidence, and means of the road traffic accident are handed over to the traffic police agency ensuring traffic order and safety on the route, area for administrative violation handling, the assigned traffic police officer reports to the authorized person to implement according to Article 63 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020) and based on each specific road traffic accident, implement the provisions of Clause 2 of this Article.

6. When traffic police officers arrive at the scene to perform investigation, verification, and resolution tasks for road traffic accidents without health or life consequences for people, only minor property damage (traffic collision) and the parties involved request civil settlement at the scene, the assigned officer proceeds to resolve it in the following steps:

a) Implement the contents stipulated in Clauses 1 and 2 of Article 7; Clauses 3, 4, 5, 6, and 7 of Article 8; Articles 9; Article 10; Clauses 1 and 2 of Article 11; Article 13 of this Circular;

b) Based on the content of the request to resolve the traffic collision, the assigned officer handling the road traffic accident establishes a working record with the parties involved in the road traffic accident;

c) Within seven working days, the assigned officer handling the accident reports the investigation results and proposed resolution of the road traffic accident according to Model No. 10/TNĐB issued together with this Circular to the authorized leader to issue a Notification of Investigation, Verification, and Resolution Results of the Road Traffic Accident according to Model No. 13/TNĐB issued together with this Circular.

7. Upon concluding the investigation, verification, and resolution of the road traffic accident, if the agency or unit handling the road traffic accident discovers deficiencies, inadequacies, or oversights in state management of transportation infrastructure, organization of road traffic, management of vehicle operators, and vehicle management, they shall submit a proposal to the management authority or the main industry for corrective measures.

Article 19. Traffic Accidents Statistics on Roadways

The statistics of traffic accidents on roadways must update information about traffic accidents on roadways into the Accident Database, the Data Aggregation Software, synchronize data, and process traffic accidents as follows:

1. Traffic police officers assigned the tasks of investigating, resolving traffic accidents on roadways or managing and utilizing the Accident Database shall be responsible for:

a) Within twelve hours from receiving reports of traffic accidents occurring on their patrol routes or areas, traffic police officers must immediately update initial information about the traffic accident on roadways into the Data Aggregation Software or the Accident Database including: time, location of the accident, number of fatalities, number of injured persons;

b) Implementing the provisions stipulated in Clause 1, Article 30 of Circular No. 26/2024/TT-BCA dated June 21, 2024 issued by the Minister of Public Security regarding the statistics, compilation, construction, management, exploitation, and utilization of the Accident Database on roadways, railway traffic accidents, and inland waterway traffic accidents.

2. Traffic accidents on roadways specified in point c, Clause 8, Article 6 of this Circular must be updated in the Data Aggregation Software. For traffic accidents on roadways during the investigation and verification process, paper forms must be completed within forty-eight hours and then updated into the Data Aggregation Software.

3. Traffic accidents on roadways specified in points a and b, Clause 8, Article 6 of this Circular must be updated in the Criminal Investigation Software.

4. In cases where traffic accidents on roadways occur on the patrol routes or areas of traffic police units assigned to patrol, control, and handle violations but are investigated and resolved by the Criminal Investigation Agency or the Military Criminal Investigation Agency, the traffic police unit responsible for the route or area shall cooperate closely with the Criminal Investigation Agency or the Military Criminal Investigation Agency to gather information about related vehicles, vehicle drivers, victims, pedestrians, arrest warrants, investigative conclusions, or other relevant documents to update into the Accident Database.

5. If there is a need to adjust information, delete, or unlock (for completed files) in the Accident Database system, traffic police officers shall report to their leadership and send requests for adjustment, deletion, or unlocking to the Traffic Police Corps for review and action.

6. Within seven working days from the completion of the investigation, verification, and resolution of traffic accidents on roadways, traffic police officers shall report to authorized leadership to approve the final status of the traffic accident on roadways in the Data Aggregation Software or the Accident Database.

Article 20. Inspection of traffic accident investigation, verification, and resolution work on public roads

1. The inspection of traffic accident investigation, verification, and resolution work on public roads shall be carried out in accordance with this Circular and Circular No. 35/2024/TT-BCA dated August 2, 2024, issued by the Minister of Public Security regarding the inspection of work within the People's Police.

2. When a traffic accident on public roads occurs as stipulated in Clause 4, Article 5 of this Circular or upon the directive of the leadership of the Ministry of Public Security, the Traffic Police Department shall coordinate with relevant units and local police forces where the traffic accident occurred to inspect traffic safety and order work to assess causes and examine the responsibility of individuals and organizations involved in the traffic accident.

Article 21. Forms Used in Traffic Accident Investigation, Verification, and Resolution Work by Traffic Police

1. During the investigation, verification, and resolution of traffic accidents on public roads, if the Traffic Police Department at the provincial level and the Provincial Traffic Police Division discover signs of criminal offenses, they shall use the forms issued together with Circular No. 119/2021/TT-BCA dated December 8, 2021, issued by the Minister of Public Security concerning forms, documents, and ledgers for criminal investigations.

2. In cases where traffic accident investigation, verification, and resolution are conducted through administrative procedures, the forms issued together with Decree No. 118/2021/NĐ-CP and the forms prescribed in Clause 3 of this Article shall be used.

3. The following forms are attached to this Circular:

a) Traffic Accident Case Logbook (Form No. 01/TNĐB);

b) Incident Report (Form No. 02/TNĐB);

c) Preliminary Damage Assessment Record (Form No. 03/TNĐB);

d) Decision on Assignment of Investigators for Traffic Accident Cases (Form No. 04/TNĐB);

đ) Investigation, Verification, and Resolution Plan for Traffic Accident Cases (Form No. 05/TNĐB);

e) Traffic Accident Scene Examination Report (Form No. 06/TNĐB);

g) Traffic Accident Scene Diagram (Form No. 07/TNĐB);

h) Traffic Accident Scene Examination Result Report (Form No. 08/TNĐB);

i) Examination Report of Vehicles Related to Traffic Accidents (Form No. 09/TNĐB);

k) Proposal for Resolving Traffic Accidents (Form No. 10/TNĐB);

l) Record of Evidence Marks on Victims' Bodies (Form No. 11/TNĐB);

m) Diagram of Position and Injury Marks on Victims' Bodies (Form No. 12/TNĐB);

n) Notification of Investigation, Verification, and Resolution Results of Traffic Accidents (Form No. 13/TNĐB);

o) Traffic Accident Resolution Report (Form No. 14/TNĐB);

p) Request for Expert Appraisal and Asset Valuation (Form No. 15/TNĐB);

q) Reconstruction Plan of Traffic Accident Scene (Form No. 16/TNĐB);

r) Statement Recording (Form No. 17/TNĐB).

Section 4

SOME SPECIFIC SITUATIONS IN THE INVESTIGATION, VERIFICATION, AND RESOLUTION OF TRAFFIC ACCIDENTS ON PUBLIC ROADS

Article 22. Handling of Traffic Accidents on Public Roads Where Criminal Indications Are Found According to the Functions of the Agency Assigned to Conduct Certain Investigation Activities

1. During the process of conducting traffic accident investigation, verification, and resolution work as stipulated in Point b, c, Clause 8, Article 6 of this Circular, if criminal indications are found that do not fall under the category requiring transfer to the Military Criminal Investigation Authority with jurisdiction, the traffic accident investigators assigned by the Traffic Police Department shall report to the Director of the Department, and those assigned by the Provincial Traffic Police Division shall report to the Division Chief to implement or delegate deputy officers or investigators to perform the following tasks:

a) The Traffic Police Department shall cooperate with the Supreme People's Procuracy and the Provincial Traffic Police Division shall cooperate with the Provincial People's Procuracy to classify criminal information sources and consider whether to initiate or not initiate criminal proceedings according to the law;

b) Coordinate to conduct expert appraisals and asset valuations as prescribed in Clause 2, Article 14 of this Circular and Inter-Ministerial Directive No. 02/HDLN-BCA-VKSNDTC dated January 31, 2024, on coordinating the implementation of expert appraisal and asset valuation procedures for agencies assigned certain investigative activities of the People's Police;

c) Carry out investigative duties and powers as prescribed in Article 38 of the Organization Law of Investigative Agencies 2015, Article 40 of the Criminal Procedure Code 2015 (amended and supplemented in 2021), Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated December 29, 2017, issued by the Ministry of Public Security, Ministry of National Defense, Ministry of Finance, Ministry of Agriculture and Rural Development, and the Supreme People's Procuracy on cooperation between competent authorities in implementing certain provisions of the Criminal Procedure Code 2015 regarding the acceptance, handling of reports of criminal offenses, and requests for prosecution (amended and supplemented in 2021), and Circular No. 28/2020/TT-BCA dated March 26, 2020, issued by the Minister of Public Security on the procedures and formalities for accepting, classifying, processing, and resolving reports of criminal offenses and requests for prosecution by the People's Police (amended and supplemented in 2021).

2. Case files of traffic accidents on public roads transferred to the Criminal Investigation Agency

a) Documents for agencies assigned certain investigative activities issued together with Circular No. 119/2021/TT-BCA dated December 8, 2021, issued by the Minister of Public Security concerning forms, documents, and ledgers for criminal investigations;

b) Traffic Accident Scene Examination Report; Traffic Accident Scene Diagram; Scene Photographs; Moving Image Storage Devices (if available);

c) Inspection report of the vehicle; Temporary detention record of evidence and vehicles; decision on temporary detention of evidence and vehicles; relevant documents of the vehicle, driver, and goods carried (if any);

d) Statement recording and report of persons involved in the road traffic accident;

đ) Record of physical injury traces on the victim's body; Diagram of the location of injury traces on the victim's body; Reconstruction report of the road traffic accident scene (if any);

e) Damage assessment conclusion regarding persons and property; other related documents (if any);

g) Evidence, vehicles, and objects related to the accident (if any);

h) Handover receipt for the case file;

Article 23. Cases involving road traffic accidents involving foreign individuals and vehicles

1. In cases where a road traffic accident involves foreign individuals and vehicles, this Chapter II of this Circular shall be implemented; simultaneously, the Inter-Ministerial Circular of the Procuracy, Ministry of Interior, Ministry of Justice, and Ministry of Foreign Affairs No. 01/TTLN dated September 8, 1988, guiding the investigation and handling of violations of road traffic laws caused by foreign individuals and vehicles, or international treaties to which the Socialist Republic of Vietnam is a member with different provisions, shall also be applied.

2. When conducting investigative, verification, and preliminary resolution activities of road traffic accidents according to the law and this Circular, the police agency must determine the identity of foreign individuals, the legal status of the offending vehicle, victims, and health injuries and property damage, along with other related issues. The police agency has the right to request foreign individuals causing the accident to present necessary identification documents and sign the investigation and verification records at the scene; if they refuse to sign, it must be noted in the record with a witness; meanwhile, continue to conduct investigative, verification, and resolution measures for the road traffic accident as follows:

a) For diplomatic personnel as defined in the Ordinance on Privileges and Immunities for Diplomatic Missions, Consular Posts, and International Organizations' Representative Offices in Vietnam, their statements as witnesses can only be taken with their clear consent. If such requests are refused, it must be clearly recorded in the record;

b) For non-diplomatic foreign individuals (experts, businesspeople, students, interns, tourists in Vietnam, and other foreign individuals participating in activities within Vietnam) involved in road traffic accidents, the investigation, verification, and resolution shall be conducted as with Vietnamese citizens. Taking statements from foreign individuals shall follow standard procedures at the police agency's office. Foreign individuals may choose their own interpreter, or the police agency may invite an interpreter. If a diplomatic officer or Consul agrees to act as a witness, taking statements or verifying statements may be conducted at a convenient location agreed upon by them.

Article 24. Cases of road traffic accidents involving persons, vehicles, and assets of the People's Army

1. In cases of road traffic accidents that can be immediately determined to not involve criminal offenses and involve persons, vehicles, and assets of the People's Army, traffic police shall investigate, verify, and resolve such incidents, while coordinating with units managing persons, vehicles, and assets of the People's Army related to the road traffic accident to handle administrative violations (if any) in accordance with the law and hand over the vehicles, assets of the People's Army, and relevant documents upon request from agencies or units.

2. For road traffic accidents where initial investigation and verification reveal signs of criminal offenses within the jurisdiction of the People's Army's judicial organs, traffic police shall transfer all case files, materials, vehicles, and assets related to the road traffic accident to the Military Criminal Investigation Agency at the location or having jurisdiction for resolution and make copies of the files for monitoring. After transferring to the Military Criminal Investigation Agency, the traffic police force shall continue to cooperate according to the request of the Military Criminal Investigation Agency.

3. Traffic police shall provide information on the situation of road traffic accidents or the content of road traffic accidents involving persons, vehicles, and assets of the People's Army upon request of the Military Criminal Investigation Agency or competent agencies of the People's Army. Coordinate with the Military Criminal Investigation Agency or competent agencies of the People's Army to monitor, statistics, and update information on road traffic accidents involving persons, vehicles, and assets of the People's Army.

Article 25. Cases of road traffic accidents leading to vehicle fires or explosions

When vehicles involved in road traffic accidents lead to fires or explosions, traffic police must immediately notify the fire prevention, firefighting, rescue, and emergency response unit at the location of the road traffic accident to coordinate in resolving the incident; simultaneously organize traffic diversion, prohibiting people and vehicles from entering the area with fire or explosion; conduct investigations, verifications, and resolutions of road traffic accidents in accordance with this Circular.

Article 26. Cases of road traffic accidents directly involving hazardous chemical-carrying vehicles

When a road traffic accident occurs involving a vehicle transporting hazardous chemicals, traffic police must seal off the location of the road traffic accident in a necessary area and set up warning signs, prohibiting people and vehicles from entering. At the same time, immediately report to the Director of the Provincial or Central City Public Security Department (if the traffic police officer belongs to the General Traffic Police Corps, then report to the Chief of the General Traffic Police Corps) for instructions and notify relevant agencies to coordinate in resolving the incident.

Article 27. Cases of road traffic accidents leading to public disorderly conduct

1. In cases where road traffic accidents involve relatives of victims or agitators demanding compensation or assaulting the person causing the accident, obstructing traffic to a non-severe extent, traffic police shall proactively explain, divide the crowd, and disperse the crowd to prevent complications.

2. In cases of serious acts of public disorder, traffic police must report to their superiors to request support from local authorities and other forces; simultaneously protect the scene, vehicles, and drivers; maintain strength and continue to monitor the situation to serve investigative, verification, and resolution work.

Chapter III

IMPLEMENTING PROVISIONS

Article 28. Effectiveness and Transitional Provisions

1. This Circular shall take effect from January 1, 2025, and replace Circular No. 63/2020/TT-BCA dated June 19, 2020, issued by the Minister of Public Security on the procedures for investigating and resolving road traffic accidents by traffic police forces.

2. For road traffic accidents occurring before January 1, 2025, the provisions of Circular No. 63/2020/TT-BCA dated June 19, 2020, issued by the Minister of Public Security on the procedures for investigating and resolving road traffic accidents by traffic police forces shall be applied.

3. In cases where legal normative documents cited in this Circular are amended, supplemented, replaced, or newly promulgated, the cited content shall be implemented according to the amended, supplemented, replaced, or newly promulgated document.

Article 29. 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 under the Ministry of Public Security, Provincial Police Chiefs, and Chief of Police of centrally governed cities are responsible for implementing this Circular.

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