This Circular stipulates the traffic patrol, control, and violation handling work concerning road traffic order and safety by Traffic Police. It applies to officers and non-commissioned officers of Traffic Police and other forces within the People's Public Security mobilized to participate in coordination. Notably, it involves the use of technical equipment to detect violations and the violation handling procedures.
Scope of application
Officers and non-commissioned officers of Traffic Police; other forces within the People's Public Security mobilized to coordinate with Traffic Police; public security units and localities; relevant agencies, organizations, and individuals.
Key points
- Traffic Police officers performing patrol and control duties must comply with legal regulations and use uniforms, vehicles, and technical equipment according to prescribed regulations.
- Open patrols or those combined with disguise must be carried out according to specific plans issued by competent authorities.
- Upon detecting a violation, Traffic Police officers shall issue on-the-spot fines or administrative violation reports as prescribed.
- Traffic patrol, control, and violation handling must comply with regulations ensuring safety and not obstructing traffic operations.
- Handling traffic accidents, traffic congestion, and vehicle fires on roads shall be conducted in accordance with legal provisions and guidelines from the Ministry of Public Security.
🌐 Social impact of this document
- Positive impact: Helps maintain traffic order and safety, reducing traffic accidents.
- Negative impact: May cause inconvenience to the public due to excessive checks, consuming time and effort in violation processing.
❓ Frequently asked questions
Do Traffic Police officers have the right to use weapons during patrols?
Yes, but only when necessary to protect themselves or others, or to prevent immediate danger.
How is an administrative penalty handled if the violator is not present at the scene of the violation?
Traffic Police officers shall prepare a report and notify the vehicle owner or organization to resolve the matter. If they are absent, the officer will invite a representative from the commune authority or witness to sign the report.
How are technical equipment used in patrol work?
Traffic Police officers use these devices to detect, collect evidence of violations, and prepare reports. The collected results will be stored and used as a basis for handling violations.
What regulations apply to combined patrols with disguise?
Specific plans must be established, forces must maintain appropriate distances to ensure timely handling. When serious violations are detected, Traffic Police officers may require vehicles to stop and inform the violators.
How is electronic documentation used in patrol work?
If documents are integrated and updated in the national digital identity account, Traffic Police officers can directly check through the National Identity Application or databases managed by the Ministry of Public Security.
Full text
CIRCULAR
Regulations on patrol, control, and handling of violations of traffic laws and regulations
concerning road traffic order and safety by Traffic Police
Pursuant to the Law on Road Traffic Order and Safety dated June 27, 2024; tự, an toàn giao thông Pursuant to the Law on People's Public Security dated November 20, 2018;
Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on People's Public Security dated June 22, 2023; and Pursuant to the Law on Handling Administrative Violations dated June 6, 2012 and the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;
Pursuant to the Law Xử lintention vinternational Handling Law dated June 20, 2012"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;June 2024;ng 6 năm 2012 và LPursuant to Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government detailing certain provisions and implementing measures of the Law on Handling Administrative Violations;
Pursuant to Decree No. 135/2021/ND-CP dated December 31, 2021 of the Government stipulating the list, management, and use of technical equipment and procedures for collecting and using data obtained from technical equipment provided by individuals and organizations to detect administrative violations;g The Minister of Public Security issues this Circular regulating the work of patrol, control, and handling of violations of traffic laws and regulations concerning road traffic order and safety by Traffic Police.
This Circular stipulates the form; content; uniform; equipment, use of technical equipment, weapons, and auxiliary tools; and procedures for patrol, control, and handling of violations of traffic laws and regulations concerning road traffic order and safety by Traffic Police; mobilizing other forces within the People's Public Security to participate in cooperation with Traffic Police to carry out patrols and controls when necessary.
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;
1. Officers and non-commissioned officers of the Traffic Police (hereinafter collectively referred to as Traffic Police officers) perform tasks of patrol, control, and handling of violations of traffic laws and regulations concerning road traffic order and safety (hereinafter referred to as patrol, control, and handling of violations).
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
2. Officers and non-commissioned officers of other forces within the People's Public Security who are mobilized to participate in cooperation with Traffic Police to perform patrols and controls.
Article 2. Applicability
This Circular applies to:
4. Agencies, organizations, and individuals related to the activities of patrol, control, and handling of violations of traffic laws and regulations concerning road traffic order and safety on the territory of the Socialist Republic of Vietnam.
Article 3. Requirements for Traffic Police officers performing patrol, control, and handling of violations tasks
Clause 3. Units and local public security agencies.
1. Comply with the provisions of the law on road traffic order and safety; the law on handling administrative violations; this Circular, and other relevant legal provisions.
2. Perform their assigned tasks and patrol plans fully and responsibly as issued by competent authorities; implement democracy in ensuring traffic order and safety, code of conduct, and the Regulations of the People's Public Security.
3. When interacting with the public and persons committing violations, they must have proper etiquette, demeanor, attitude, and appropriate cultural behavior.
4. Timely detect, prevent, and handle violations of traffic laws and regulations concerning road traffic order and safety, and other violations according to the prescribed procedures, formalities, and authority.
Article 4. Forms and models used in patrol, control, and handling of violations
1. Notice of administrative violation concerning road traffic order and safety (Form No. 01).
2. Notice of deduction of points from driving license (Form No. 02).
This Circular annexes the following forms:
3. Report on results collected through technical equipment concerning administrative violations concerning road traffic order and safety (Form No. 03).
4. Notice of administrative violation concerning road traffic order and safety or Notice of data (information, images) reflecting administrative violations concerning road traffic order and safety (Form No. 04).
5. Logbook for receiving data (information, images) reflecting administrative violations concerning road traffic order and safety (Form No. 05).
6. Notice of data (information, images) reflecting administrative violations concerning road traffic order and safety (Form No. 06).
FORMS, CONTENT OF PATROL AND CONTROL; EQUIPMENT OF TRAFFIC POLICE WHEN PATROLLING AND CONTROLLING
6. Notification of data (information, images) reflecting administrative violations concerning traffic order and safety on roads (Form number 06).
Chapter II
FORMS, CONTENT OF PATROULING AND INSPECTION; EQUIPMENT OF TRAFFIC POLICE WHEN PATROULING AND INSPECTING
Section 1
FORMS OF PATROLLING AND CONTROLLING
Article 5. Control through systems, means, equipment, and databases on traffic order and safety
1. Control through the Security Assurance Surveillance System; traffic line cameras; urban cameras
a) The Security Assurance Surveillance System (hereinafter referred to as the Surveillance System), traffic line cameras, and urban cameras shall be equipped, installed, managed, operated, and used in accordance with the Road Traffic Order and Safety Law; Decree No. 135/2021/NĐ-CP dated December 31, 2021 of the Government on the list, management, and use of technical equipment for administrative violation detection provided by individuals and organizations (hereinafter referred to as Decree No. 135/2021/NĐ-CP); and the Ministry of Public Security's regulations on standards, norms, management, operation, use, and protection of the Surveillance System;
b) Traffic Police units responsible for managing the Surveillance System, traffic line cameras, and urban cameras must arrange staff to operate the system continuously at the Command Center 24/24 hours to monitor traffic order and safety, social order on the line, detect violations of traffic order and safety laws, and other illegal acts;
c) The procedures for detecting and handling results collected from the Surveillance System, traffic line cameras, and urban cameras shall be carried out in accordance with Articles 15 and 24 of this Circular.
2. Control through the use of technical equipment, smart devices supporting traffic command and control; exploitation of data from vehicle tracking devices, driver image recording devices, and databases on traffic order and safety
a) Traffic Police units using technical equipment (including the system of vehicle weight checking equipment), smart devices supporting traffic command and control; exploiting data from vehicle tracking devices, driver image recording devices, and databases on traffic order and safety to control, detect, and handle violations of traffic order and safety laws, and other illegal acts as prescribed;
b) Results and data collected from the equipment, databases specified in subpoint a of this clause for detecting and handling violations must comply with the Administrative Violation Handling Law, Decree No. 135/2021/NĐ-CP, regulations on standards, management, operation, and use of the vehicle tracking device management system, driver image recording devices, and other relevant laws;
c) The procedures for detecting and handling results collected from the equipment, databases specified in subpoint a of this clause shall be carried out in accordance with Articles 15 and 24 of this Circular.
3. Control through receiving data collected from vehicle weight control facilities
a) Traffic Police units assigned to patrol and control along the route and area must cooperate in receiving data collected from vehicle weight control facilities installed along the route and area according to the Road Law and the Road Traffic Order and Safety Law to control, detect, and handle violations of traffic order and safety laws, vehicle weight, and other illegal acts;
b) Results and data collected from vehicle weight control facilities for detecting and handling violations must comply with the Administrative Violation Handling Law, Decree No. 135/2021/NĐ-CP, and other relevant laws;
c) The procedures for detecting and handling results collected from vehicle weight control facilities shall be carried out in accordance with Articles 15 and 26 of this Circular.
Article 6. Organization of direct patrol and public supervision forces on road traffic routes
1. Mobile patrol and supervision
Traffic police move along the assigned route or area using transportation means or walking to carry out patrols and supervision according to plans issued by competent authorities, directly observing or utilizing technical equipment to monitor, prevent, detect, stop, and handle violations of laws on road traffic order and safety and other violations within their authority.
2. Supervision at a point on the road, at a Traffic Police Station
a) Traffic police organize forces at a point on the road or at a Traffic Police Station according to plans issued by competent authorities to implement stopping vehicles, supervision, detection, and handling of violations of laws on road traffic order and safety and other violations within their authority;
b) At a point on the road, select locations with wide, unobstructed roads that comply with regulations on road traffic order and safety, road laws, and related laws;
c) When organizing forces for supervision at a point on the road or at a Traffic Police Station, must use cameras equipped to record the activities of the Traffic Police Team. Nighttime supervision must have lighting and ensure sufficient light.
3. Combination of mobile patrol and supervision with supervision at a point on the road, at a Traffic Police Station
When conducting mobile patrol and supervision, it includes supervision at a point on the road or at a Traffic Police Station, or when supervising at a point on the road or at a Traffic Police Station includes mobile patrol and supervision, but this must be clearly stated in the patrol and supervision plan issued by competent authorities.
a) Using police uniforms as prescribed in Clause 1 of Article 9 of this Circular;
b) Using transportation means as prescribed in Clause 2 of Article 9 of this Circular or walking to patrol and supervise within the assigned route and area;
c) Using technical equipment, weapons, support tools, and other technical means as prescribed in this Circular.
Article 7. Organization of direct patrol and public supervision forces combined with disguise on road traffic routes
1. The Traffic Police Team arranges a part of officers in disguise wearing civilian clothes and disguised vehicles to cooperate with the part of officers conducting public patrol and supervision according to plans issued by competent authorities as prescribed in Clause 1, Clause 2, and Clause 3 of Article 10 of this Circular to perform patrol, supervision, and violation handling tasks within the assigned route and area.
2. Cases of combined public patrol and supervision with disguise include:
a) Utilizing technical equipment to enhance the effectiveness of work to ensure road traffic order and safety;
b) Struggling against criminal offenses; complex situations regarding security and social order or road traffic order and safety.
3. Requirements for combined public patrol and supervision with disguise
The Director of the Traffic Police Corps; the Director of Provincial or Central City Police (hereinafter referred to as the Director of Provincial Police); the Head of the Road and Rail Traffic Patrol Guidance Department; the Head of the Traffic Police Department; the Head of the County Police, as prescribed in Clause 1, Clause 2, and Clause 3 of Article 10 of this Circular, decide on wearing police uniforms, civilian clothes, or disguising vehicles during combined public patrol and supervision with disguise;
b) The disguised officer part and the public patrol and supervision officer part in the Traffic Police Team must maintain an appropriate distance to ensure timely and lawful handling of violations.
The disguised officer part has the direct responsibility to observe, use technical equipment to monitor the situation of road traffic order and safety, detect violations of laws on road traffic order and safety and other laws; upon detecting violations, immediately notify the public patrol and supervision officer part to stop the vehicle, conduct supervision, and handle according to regulations. In cases of serious violations of road traffic order and safety, social security, if not promptly stopped will cause dangerous consequences for society, causing damage to the property of agencies, organizations, individuals, and harm to the lives and health of traffic participants, use the People's Public Security Identity Card to request the vehicle to stop and inform and mobilize the people to cooperate and immediately stop the violation; report and coordinate with the public patrol and supervision officer part to resolve the violation at the location where it was detected or bring the violator to the nearest police station for resolution according to regulations.
Section 2
CONTENT OF SUPERVISION; EQUIPMENT AND WEAPONS, SUPPORT TOOLS
Article 8. Content of Control
Implement the contents of control as prescribed in point b Clause 1, point a Clause 5 Article 65 of the Road Traffic Safety Law and the following provisions:
1. Control related documents concerning persons and traffic vehicles, including:
a) Driver's license; certificate for traffic law training, certificate for operating specialized motor vehicles; registration certificate or certified copy of the registration certificate accompanied by the original document issued by financial organizations, foreign bank branches; safety technical inspection certificate and environmental protection label (for types of vehicles required to undergo inspection); compulsory civil liability insurance certificate for motor vehicles and other necessary documents as prescribed (hereinafter referred to collectively as documents);
b) When information from the documents has been integrated and updated in the electronic identity account on the National Identity Application, in the database managed and operated by the Ministry of Public Security, then such information can be checked and controlled through the electronic identity account on the National Identity Application, database; checking the information of the documents in the electronic identity account on the National Identity Application, database shall have the same value as directly checking the documents.
2. Control conditions of vehicles participating in road traffic
Conduct control according to the sequence from front to back, from left to right, from outside to inside, from top to bottom, including the following contents: Shape, external dimensions, paint color, license plate; technical safety conditions and environmental protection of motorized road vehicles, specialized motor vehicles; driving route monitoring device, equipment for recording driver images as prescribed.
3. Control compliance with laws ensuring traffic order and safety in road transport
Control the legality of goods, type, quantity, specifications, size; objects; actual number of people carried compared to the permitted number and safety measures in road transport.
4. Control other relevant contents as prescribed by law.
Article 9. Uniforms, traffic vehicles, equipment, technical devices, weapons, and auxiliary tools of Traffic Police when patrolling and controlling
1. Uniforms of Traffic Police
When patrolling and controlling publicly, Traffic Police officers wear uniforms and cross belts as prescribed by the Ministry of Public Security. During nighttime or in poor weather conditions such as fog that limits visibility, reflective vests must be worn.
2. Traffic vehicles, including: Patrol and control cars (white color), motorcycles (white color), and specialized vehicles equipped with sirens and warning lights and having the following appearance:
a) Patrol and control cars: Both sides of the car body have reflective blue stripes, with the phrase "CẢNH SÁT GIAO THÔNG" in white (reflective material), font size 10cm x 10cm, stroke width 3cm, evenly distributed on both sides of the car body; both front doors have the phrase "TRAFFIC POLICE" in blue (reflective material), maximum font size two-thirds of the size of "CẢNH SÁT GIAO THÔNG" and the Traffic Police emblem between the words "TRAFFIC" and "POLICE". Depending on the type of vehicle, the distance between letters and words is arranged to be balanced and appropriate;
b) Patrol and control motorcycles: Both sides of the fuel tank or both sides of the motorcycle frame or both sides of the luggage compartment, above has the phrase "C.S.G.T", below has the phrase "TRAFFIC POLICE" in blue (reflective material); maximum font size of "TRAFFIC POLICE" is two-thirds of the size of "C.S.G.T". Depending on the type of motorcycle, the font size and spacing between letters are arranged to be balanced and appropriate;
c) Specialized vehicles: Both sides of the cargo bed or frame have the phrase "CẢNH SÁT GIAO THÔNG" in reflective material, font size 10cm x 10cm, stroke width 3cm; both front doors have the phrase "TRAFFIC POLICE" in reflective material, maximum font size two-thirds of the size of "CẢNH SÁT GIAO THÔNG" and the Traffic Police emblem between the words "TRAFFIC" and "POLICE". Depending on the type of vehicle, the spacing between letters and words, and the color of the letters (white or blue) are arranged to be balanced and appropriate;
d) Warning lights are continuously used in the following situations: Mobile patrol and control; control at a fixed point during nighttime or in poor weather conditions such as fog that limits visibility.
3. Weapons and auxiliary tools, including: Pistols, rifles, submachine guns, electric stun guns, net guns, rubber bullets, pepper spray guns, marking shotguns, pepper spray cans, electric batons, bulletproof vests, handcuffs, traffic direction sticks.
4. Equipment and technical devices are provided and used in accordance with the Road Traffic Safety Law, the Administrative Violation Handling Law (amended and supplemented in 2020), Decree No. 135/2021/NĐ-CP, and standards and quotas prescribed by the Ministry of Public Security. They are installed and used openly or disguised on road traffic routes, at Traffic Police Stations, on traffic vehicles, equipped for Traffic Police Teams, directly operated and used by Traffic Police officers to detect and collect violations of road traffic safety laws and other laws as prescribed.
5. Communication equipment, including: Radios, telephones, fax machines, data storage and transmission devices, printers; technical devices integrated with business application software for mobile devices managed and operated by the Ministry of Public Security (hereinafter referred to as App VNeCSGT).
6. Horns, loudspeakers, barriers, cone-shaped posts, warning signs, tensioned ropes, lighting lamps.
7. Other technical equipment and devices; weapons and auxiliary tools provided in accordance with the law and the Ministry of Public Security.
Chapter III
PATROL AND CONTROL PROCEDURES, VIOLATION HANDLING
Section 1
CONSTRUCTION, ISSUANCE AND IMPLEMENTATION OF PATROL AND SUPERVISION PLANS
Article 10. Construction and issuance of patrol and supervision plans
1. The Director of the Traffic Police Corps shall advise the Minister of Public Security to issue plans for patrols and supervision, handling violations of traffic regulations on national roads, or directly issue such plans within the entire country, and decide on the forms of public and covert patrols as prescribed in Clause 2 of Article 7 of this Circular.
2. The Director of Provincial Public Security shall issue plans for patrols and supervision, handling violations of traffic regulations on provincial roads, and decide on the forms of public and covert patrols as prescribed in Clause 2 of Article 7 of this Circular within the administrative boundaries of the province.
5. Units and localities equipped with electronic systems for managing patrol and supervision activities shall construct, approve, and store patrol and supervision plans electronically.
Article 11. Implementation of patrol and supervision plans
1. The Head of the Traffic Police Unit: Before conducting patrols and supervision, the Head must brief and ensure understanding among unit members regarding the content of the patrol and supervision plan and related matters; check preparations for patrols and supervision, violation handling; roll call; uniform inspection; People's Public Security identification cards (when deploying undercover officers); police orders; transportation means; technical equipment; weapons and support tools; communication devices; relevant forms and other technical means; reiterate positions, tasks of each member; issue orders to commence patrols and supervision when all conditions are fully met and safe.
Units and localities equipped with the VNeCSGT app shall issue orders to commence patrols and supervision through the VNeCSGT app.
2. Unit members: Must be well-versed in the content of the plan, tasks, positions, communication methods; proactively prepare according to the division of labor by the Head.
Transportation means; technical equipment; weapons and support tools; other technical means provided to the Traffic Police Unit must be managed and used according to regulations; recorded specifically in the Monitoring and Management Logbook (according to the model prescribed by the Ministry of Public Security).
Section 2
CONDUCTING PATROLS, SUPERVISION, AND HANDLING VIOLATIONS
Article 12. Stopping vehicles participating in road traffic for inspection
1. Traffic police officers performing patrol and control tasks according to plans shall stop vehicles participating in road traffic for inspection in accordance with the provisions of Articles 65 and 66 of the Law on Traffic Order and Safety.
2. The stopping and inspection of vehicles must ensure the following requirements:
a) Safety, compliance with the law, without hindering traffic activities;
b) Once a vehicle has been stopped, inspection and handling of violations (if any) must be carried out in accordance with the regulations.
3. When inspecting at a point on the road, at a Traffic Police Station, it must ensure the requirements stipulated in Clause 2 of Article 6, Clause 2 of this Article, and the following requirements:
a) Setting up barriers using cone-shaped posts or ropes stretched along the direction of the road in the part of the road or lane adjacent to the sidewalk or pavement to form a work enforcement area in accordance with the Ministry of Public Security's regulations on implementing democracy in traffic order and safety assurance work. Based on actual conditions and characteristics of the traffic route, the length of the barrier section should be deployed appropriately to ensure safety;
b) The work enforcement area must comply with the regulations of the law on traffic order and safety and other related laws; sufficient space must be provided to arrange and install technical equipment for conducting inspections, receiving citizens to resolve and handle cases; based on the actual situation in the work enforcement area and the specific inspection topic, traffic police officers may be arranged to guide and regulate traffic, ensuring traffic safety.
4. When inspecting vehicles on expressways, it must ensure the requirements stipulated in Clause 2 of Article 6, Clause 2 and Clause 3 of this Article, and the following requirements:
a) Inspection points organized at one location include: Tollgate areas; beginning sections of the expressway; end sections of the expressway, exit sections of the expressway; on access roads to and from the expressway;
b) During mobile patrols and controls, vehicles can only be stopped in the emergency lane for inspection and handling of violations in the following situations: Serious violations of traffic order and safety laws that pose immediate risks to traffic safety; cooperation in combating crime; disaster prevention; fire prevention and extinguishing; rescue and assistance; disease prevention; reporting, denouncing, and reflecting on violations of the law by people and vehicles traveling on the expressway; discovering vehicles parked or stopped improperly on the expressway. After resolving the incident, cones, ropes, and warning signs must be immediately cleared away;
c) Warning sign number 245a "Slow Down" or sign number 245b (for international routes) must be placed ahead of the Traffic Police Team in the direction of the vehicles being inspected, in accordance with the regulations on road signs.
Article 13. Command to Stop Vehicles
1. The command to stop vehicles issued by traffic police is implemented through one of the signals or simultaneously combining the following signals:
a) Traffic baton, whistle, loudspeaker, priority signal of patrol and control vehicles;
b) Other signals prescribed by law, including: Warning signs, cones, barriers.
2. Command to stop vehicles when inspecting at a point on the road, at a Traffic Police Station
a) Traffic police officers choose a suitable position, stand still facing the vehicle to be inspected, issue the command to stop the vehicle at a safe distance; right hand holding the traffic baton raised and pointing towards the vehicle to be inspected, while blowing the whistle decisively, guiding the driver of the vehicle to be inspected to stop at a suitable and safe position for inspection;
b) The driver of the vehicle upon receiving the signal must reduce speed and stop the vehicle at the position indicated by the traffic police.
3. Command to stop vehicles when sitting in a patrol and control vehicle
a) In case the patrol and control vehicle travels in the same direction and ahead of the vehicle to be inspected
Traffic police officers hold the traffic baton extended horizontally to the right or left side of the patrol and control vehicle (depending on the lane where the vehicle to be inspected is traveling), then raise it vertically perpendicular to the ground; use the whistle, loudspeaker, and emit the priority signal of the patrol and control vehicle, guiding the driver of the vehicle to be inspected to stop at a suitable and safe position for inspection. The driver of the vehicle upon receiving the signal must reduce speed and stop the vehicle at the position indicated by the traffic police officer;
b) In case the patrol and control vehicle travels in the same direction and behind the vehicle to be inspected
Traffic police officers use the loudspeaker and emit the priority signal of the patrol and control vehicle, guiding the driver of the vehicle to be inspected to stop at a suitable and safe position for inspection. If necessary, if safety is ensured, the patrol and control vehicle may overtake the vehicle to be inspected and issue the command to stop the vehicle in accordance with the provisions of point a of this clause. The driver of the vehicle upon receiving the signal must reduce speed and stop the vehicle at the position indicated by the traffic police officer.
Article 14. Conducting Control
When the traffic vehicle to be controlled has stopped at the designated position according to instructions, the traffic police officer assigned to perform the control task shall stand in a suitable and safe position and proceed as follows:
1. Request the person operating the traffic vehicle to take safety measures and leave the vehicle.
2. Perform the salute according to the Regulation of the People's Public Security (except in cases where it is known beforehand that the person has committed an act with signs of a crime, caught committing a crime, or is subject to an arrest warrant or search warrant). When interacting with persons who have violated the law, traffic police officers must maintain the correct posture, etiquette, demeanor, and appropriate conduct.
3. Inform the person operating the traffic vehicle about the basis for stopping the vehicle for inspection and control; the content of the control; request the person operating the traffic vehicle to present relevant documents as stipulated in Clause 1, Article 8 of this Circular for inspection as follows:
a) In the case where the person operating the vehicle, the owner of the vehicle, presents information from documents that have been integrated and updated in the electronic identity account on the National Identity Application, in the database managed and operated by the Ministry of Public Security, then the inspection and control will be conducted through the information in the electronic identity account on the National Identity Application, the database;
b) In the case where the person operating the vehicle, the owner of the vehicle, presents paper copies of the documents, then directly check and compare these documents and carry out a search for related information on these documents in the administrative violation handling database, other databases;
c) Conduct control over the contents as prescribed in Article 8 of this Circular; for vehicles carrying passengers from nine seats and above (excluding the driver's seat), vehicles carrying passengers with dimensions equivalent to vehicles carrying passengers from nine seats and above (excluding the driver's seat), must directly enter the passenger compartment to conduct control and report the results of the control.
4. Upon completion of the control, the traffic police officer reports the results of the control to the Team Leader, informs the person operating the traffic vehicle, and those involved about the results of the control, the violation (if any), and the measures taken.
5. If there is evidence that the person participating in traffic, the transport vehicle, or objects contain hidden items, means, or documents used to commit administrative violations, they may be searched according to the provisions of the law on handling administrative violations.
6. In cases where there are signs of criminal offenses, the provisions of the criminal procedure law shall be followed.
Article 15. Discovering Administrative Violations Through Technical Means and Equipment
1. Traffic police officers use technical means and equipment to detect and collect acts of law violations by persons and vehicles participating in road traffic. The person operating the traffic vehicle has the responsibility to cooperate with the requests for inspection and control through the technical means and equipment of the traffic police officers.
2. The results collected using technical means and equipment are photographs, images, printed sheets, measurement indices, data stored in the memory of technical means and equipment; these are compiled into lists, printed as photographs or records of the collected violations and stored in the administrative violation case file according to the provisions of the law and the Ministry of Public Security's regulations on record keeping.
3. When technical means and equipment detect and collect information and images about acts of law violations by persons and vehicles participating in road traffic, the authorized person to impose penalties shall proceed as follows:
a) Organize forces to stop the traffic vehicle for inspection and handling of violations according to regulations. In cases where the violator requests to view the information, images, and results of the collected violations, the traffic police team allows viewing at the inspection site; if there is no information, images, or results available at the inspection site, guide the violator to view them when processing the violation at the unit's headquarters;
b) In cases where the traffic vehicle violating cannot be stopped for inspection and handling of violations, follow the provisions of Article 24 of this Circular.
Article 16. Handling Administrative Violations During Patrol and Control
The handling of administrative violations shall be carried out in accordance with the provisions of the Law on Handling Administrative Violations and the following provisions:
1. Imposing Administrative Sanctions Without Creating an Administrative Violation Record
When discovering an administrative violation that falls under the category of imposing administrative sanctions without creating an administrative violation record, traffic police officers shall issue an administrative sanction decision on the spot within their authority. In cases where the violator (hereinafter referred to as the violator) does not immediately execute the administrative sanction decision, relevant documents shall be temporarily held according to point d and point g, Clause 2, Article 17 of this Circular and other related provisions of the Law on Handling Administrative Violations to ensure the execution of the administrative sanction decision.
2. Imposing Administrative Sanctions With an Administrative Violation Record
a) When discovering an administrative violation that falls under the category of imposing administrative sanctions with an administrative violation record, traffic police officers shall create an administrative violation record in accordance with the regulations. The administrative violation record can be created using a pre-printed form or based on the administrative violation processing database;
b) Upon completion of the administrative violation record, the officer who creates the record reads it aloud for all individuals named in the record to hear; guides the rights and deadlines for explaining the administrative violation for actions that individuals or organizations have the right to explain according to Article 61 of the Law on Handling Administrative Violations (amended and supplemented in 2020); requests the violator to provide contact phone number (if available) to receive information about the administrative sanction through the National Public Service Portal, the Ministry of Public Security Public Service Portal (hereinafter referred to as the Public Service Portal); sign the record (in case the violator cannot sign, then affix a fingerprint), except in cases where the record is created according to the provisions of Clause 7, Article 58 of the Law on Handling Administrative Violations (amended and supplemented in 2020). If there is a witness, interpreter, victim, or representative of the organization that suffered damage, these individuals must also sign the record; if the administrative violation record consists of multiple pages, signatures must be made on each page of the record;
c) In cases where the violator is not present at the scene of the violation or deliberately avoids being present, or due to objective reasons cannot sign or affix fingerprints on the record, or is present but refuses to sign or affix fingerprints on the record, or in cases where the violator cannot be identified, the Traffic Police Team Leader shall invite a representative of the local commune government where the violation occurred or at least one witness to sign the record confirming that the violator did not sign or affix fingerprints on the record; if there is no signature of the representative of the local commune government or of the witness, the traffic police officer must clearly state the reason in the record. Utilize technical equipment to record the incident and report in writing to the head of the unit as a basis for the authorized person to consider and decide on the administrative sanction;
d) The delivery of the administrative violation record to the violator shall be carried out in accordance with Article 58 of the Law on Handling Administrative Violations (amended and supplemented in 2020) and Article 12 of Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing certain provisions and measures for implementing the Law on Handling Administrative Violations (hereinafter referred to as Decree No. 118/2021/NĐ-CP).
Article 17. Application of preventive measures and assurance for administrative violation handling
1. In cases where it is necessary to immediately prevent the violation act or to ensure the handling of administrative violations, the Head of the Traffic Police Team performing official duties shall apply such measures within their authority or report to the Head of the unit who has the authority to decide on applying preventive measures as prescribed in the Law on Handling Administrative Violations (amended and supplemented in 2020).
2. Temporary detention of evidence, means of transportation involved in administrative violations, licenses, and professional certificates
a) When discovering a violation act that must be temporarily detained as evidence, means of transportation involved in administrative violations, licenses, or certificates of practice, the Head of the Traffic Police Team directly informs or assigns an officer in the team to inform the violator and related persons present about this matter, proceed to establish an administrative violation record; establish a temporary detention record for evidence, means of transportation involved in administrative violations, licenses, or certificates of practice. If the evidence or means of transportation need to be sealed, they shall be sealed according to the provisions of Article 18 of this Circular;
b) Within twenty-four hours from the time of establishing the record, the Traffic Police officer responsible for the record must report to the authorized person on the temporary detention of evidence, means of transportation involved in administrative violations, licenses, or certificates of practice for consideration and issuance of a decision on temporary detention. For evidence that is easily perishable goods, the Traffic Police officer must immediately report to the direct superior for handling; if damage or loss occurs, compensation must be provided according to the law.
In cases where a decision on temporary detention is not issued, the evidence, means of transportation involved in administrative violations, licenses, or certificates of practice (in cases where the violator presents the original license or certificate of practice) must be returned immediately.
c) In cases where, during the temporary detention of evidence, means of transportation involved in administrative violations, the driver of the vehicle is not present at the location of the violation or deliberately avoids, obstructs, and does not comply, the Traffic Police officer establishes a work record, a temporary detention record, with the signature confirmation of a representative of the local government authority or at least one witness; uses technical equipment (cameras) to record the incident; employs measures to bring the evidence, means of transportation to the temporary detention location (directly implemented or hired an organization or individual to implement); verifies and sends a notification to the owner of the means of transportation, requesting the violator to resolve the issue (according to Model No. 01 issued together with this Circular);
d) In cases where only a fine is imposed, the Traffic Police officer temporarily detains one of the following types of documents in order (unless these documents have suspicious signs indicating forgery, requiring further investigation to clarify the violation, then additional relevant documents can be retained): Driver's License, Certificate of Legal Knowledge Training on Road Traffic, driving permit or certificate for operating special-purpose vehicles, registration certificate or a copy thereof accompanied by the original document confirming the validity from a credit institution or foreign bank branch, or safety and environmental protection inspection certificate (for types of vehicles required to undergo such inspections), or other necessary documents related to the evidence, means of transportation as prescribed by law to ensure the execution of the penalty decision;
đ) In cases where the means of transportation involved in administrative violations are handed over to the violator for management and preservation to ensure the enforcement of the penalty decision, it shall be carried out in accordance with the Government's regulations on managing and preserving evidence, means of transportation involved in administrative violations that are temporarily detained through administrative procedures;
e) The authority, procedures for temporary detention and return of evidence, means of transportation involved in administrative violations, licenses, or certificates of practice shall be implemented in accordance with the law on handling administrative violations. The decision on temporary detention of evidence, means of transportation involved in administrative violations, licenses, or certificates of practice shall be given to the violator one copy; in cases where direct delivery is not possible, it shall be sent via public postal services or electronically (when conditions regarding infrastructure, technology, information are met);
g) In cases where documents related to individuals and means of transportation have been integrated and updated in the electronic identity account on the National Identity Application, managed and operated by the Ministry of Public Security, when temporarily detaining documents, the authorized person for temporary detention shall carry out the temporary detention of documents in the electronic environment, update information about the temporary detention of those documents into the administrative violation processing database and synchronize with the National Identity Application, databases, applications, and other electronic information systems managed by the Ministry of Public Security so that the violator, owner of the means of transportation (for documents of the owner of the means of transportation) can be informed and comply with the laws on road traffic order and safety, serving the inspection, control, and handling of violations by competent forces;
Various types of records and decisions made by authorized persons in the process of temporary detention and return of documents shall be carried out according to the prescribed forms of law and may be sent electronically through the National Identity Application, applications, and other electronic information systems when technical conditions for implementation are met.
Article 18. Sealing of evidence and means of administrative violation under temporary detention
The sealing of evidence and means of administrative violation under temporary detention shall be carried out in accordance with the provisions of Article 125 of the Law on Handling Administrative Violations (amended and supplemented in 2020) and Decree No. 118/2021/NĐ-CP.
Article 19. Handling traffic accidents; traffic congestion; incidents and damage to road infrastructure; vehicle fire and explosion incidents on roads
1. Handling traffic accidents
The Traffic Police Patrol Unit directly discovering or receiving information about a traffic accident or being assigned by the unit leader to the scene of a traffic accident must promptly deploy forces to the scene and perform the tasks of traffic police officers according to the Road Traffic Safety Law, the regulations of the Ministry of Public Security on the allocation of responsibilities and coordination relationships in traffic accident investigation and handling work; the procedures for investigating and handling traffic accidents on roads by traffic police forces.
2. Handling traffic congestion
The Traffic Police Patrol Unit directly discovering or receiving information about traffic congestion or being assigned by the unit leader to the scene to handle traffic congestion must promptly deploy forces to the scene and perform the tasks of handling traffic congestion according to the laws on road traffic safety and the regulations of the Ministry of Public Security on traffic command and control by traffic police.
3. Handling incidents and damage to road infrastructure
Implementation shall be in accordance with Article 76 of the Road Traffic Safety Law and the following provisions:
a) Place warning sign number 245a "Slow Down" or warning sign number 245b (for international routes); arrange personnel to guide and regulate traffic;
b) Notify the management, operation, and maintenance units of the road to deploy forces to implement measures to ensure smooth and safe traffic;
c) Notify and coordinate with relevant agencies, units, and localities to organize traffic diversion and regulation from a distance.
4. Handling vehicle fire and explosion incidents on roads Implementation shall be in accordance with Article 76 of the Road Traffic Safety Law and the following provisions:
a) Place warning sign number 245a "Slow Down" or warning sign number 245b (for international routes);
b) Report the fire, incident, or traffic accident involving people trapped in vehicles on the road to the firefighting and rescue force at the location where the fire occurred;
c) Organize rescue and evacuation for people on the vehicle; organize emergency medical care for injured persons (if any);
d) Utilize firefighting, rescue, and assistance equipment on patrol and inspection vehicles; mobilize firefighting, rescue, and assistance equipment from vehicles traveling on the road or nearby individuals and organizations in accordance with regulations to extinguish fires, rescue, and assist;
đ) Participate in performing tasks as required by the firefighting and rescue commander;
e) Regulate and divert traffic.
Article 20. Recording in the Traffic Control Plan and Patrol Logbook
1. Upon completion of each case, it must be immediately recorded in the Traffic Control Plan and Patrol Logbook (briefly, clearly, and continuously in chronological order).
2. For violation cases: Record the time (hours, minutes, date); location (kilometers, place name, route, area); inspection of traffic vehicles, license plate number; person operating the traffic vehicle; violation behavior; traffic police measures: Warning (as prescribed by administrative violation handling laws), decision to issue a warning penalty, fine (decision number), administrative violation report already established (report number), application of preventive measures, other measures.
3. Traffic accidents, traffic congestion, criminal activities, and other incidents: Record the time (hours, minutes, date) when the incident occurred; briefly describe the incident; results of resolution; coordinating forces (if any).
4. Units and localities equipped with the VNeCSGT App shall record patrol and control logs on the VNeCSGT App.
Article 21. Conclusion of Patrol and Control
When concluding the patrol and control period, the Traffic Police Team must perform the following tasks:
1. The team leader is responsible for
a) Holding a meeting to draw lessons, comment, evaluate strengths, shortcomings, propose opinions, record in the logbook within the Traffic Control Plan and Patrol Logbook regarding traffic order and safety conditions, patrol and control results, violation handling, related issues, proposals, recommendations, and sign to confirm;
b) Reporting the situation and results of the team;
c) Units and localities equipped with the VNeCSGT App shall record the contents at point a and point b of this clause on the VNeCSGT App.
2. Handing over to the unit's management staff: Files of administrative violation cases, related documents, seized items, fines collected on the spot, materials and images collected using technical equipment, other means; traffic vehicles, technical equipment, weapons, support tools, and other equipment. The handover must be recorded according to regulations, signed by both the giver and receiver, clearly stating their names, and they must bear responsibility before the unit head for the handover.
Section 3
RESOLUTION AND HANDLING OF VIOLATIONS AT THE UNIT HEADQUARTERS
Article 22. Allocation of Personnel and Location for Resolution and Handling of Violations
1. Units and local public security agencies allocate personnel and locations for resolving and handling violations in accordance with the law and regulations of the Ministry of Public Security.
2. The location for resolving violations should be conveniently located, have suitable space, be solemn, provide seating for those coming to resolve matters; post diagrams indicating work locations, citizen reception schedules; identification signs of personnel performing duties; telephone numbers; citizen reception rules; suggestion boxes; and relevant content from documents concerning patrol, control, and handling of violations related to traffic order and safety on roads.
Article 23. Procedure for Resolving and Handling Violations
1. When the violator comes to resolve the violation, proceed as follows:
a) Accepting the administrative violation report from the violator and comparing it with the violation file (in cases where the violation report is lost, carefully compare the personal information of the violator with the violation file); do not resolve cases involving intermediaries (except in cases authorized by law) or outside the designated location for handling administrative violations by the unit. For cases requiring further investigation, report and propose that the competent authority organize an investigation;
b) Informing the form of punishment, penalty amount, preventive measures, demerit points deduction from driving licenses (according to Model No. 02 issued together with this Circular), other measures, and the results of collecting violation behaviors using technical equipment as prescribed;
In cases where permits, certificates, driving licenses have been integrated and updated in the electronic identity account on the National Identity Application, databases managed and operated by the Ministry of Public Security, when applying the measure of revoking the right to use permits, certificates, driving licenses, the competent authority shall implement the revocation electronically, update information about the revocation of these permits, certificates, driving licenses in the administrative violation processing database, and synchronize with the National Identity Application, Government Service Portal, Traffic Police Bureau’s Information Website, databases managed and operated by the Ministry of Public Security, VNeCSGT App, Mobile Traffic Application for citizens managed and operated by the Ministry of Public Security (hereinafter referred to as VNeTraffic) so that violators, vehicle owners (for vehicle owner documents) can know and comply with road traffic order and safety laws, serving the inspection, control, and handling of violations by competent authorities;
The notification of demerit points deduction from driving licenses shall be carried out in accordance with the Government Decree stipulating administrative penalties for violations of traffic order and safety in the field of road traffic; demerit points deduction and restoration of driving licenses;
c) Delivering the administrative violation penalty decision to the person being penalized or their legal representative or authorized agent;
d) Receive, check, and compare the payment receipt (or other payment receipt as prescribed by law) with the administrative violation file and retain the file;
d) Returning seized items, vehicles, documents temporarily detained or whose use rights revoked according to administrative procedures to the person being penalized. If such documents have been temporarily detained or use rights revoked on the National Identity Application, databases managed and operated by the Ministry of Public Security, the authority issuing the decision shall prepare a return receipt for the person being penalized; the administrative violation processing database shall synchronize information with the National Identity Application, databases, software specified in point b of this clause to remove the information about the temporary detention or revocation of these documents;
e) In cases of resolving incidents based on administrative violation notifications regarding traffic order and safety on roads: Checking and comparing information on the violation notice and identity documents; allowing the violator to view the results of collecting violation behaviors using technical equipment; preparing an administrative violation report and implementing the handling of violations according to regulations.
2. In case the violator makes the payment of administrative penalty through the Public Service Portal,
a) The authorized authority sends the penalty information to the Public Service Portal; the Public Service Portal automatically notifies the violator to check the administrative penalty decision information via the phone number provided to the police at the time of issuing the administrative violation record; vehicle registration;
b) The violator accesses the Public Service Portal through the administrative penalty decision number or the administrative violation record number to check the administrative penalty decision information; pay the administrative penalty, register to retrieve temporarily withheld documents, revoked through public postal service;
c) The authorized authority checks the electronic receipt for collecting administrative penalty money sent by the Public Service Portal system to print, file the administrative penalty case and serve as the basis for returning temporarily withheld documents, removing the temporary withholding information from the National Identity Application, database, software as stipulated in point d clause of this article;
d) The authorized authority returns temporarily withheld, revoked documents (when the revocation period expires) to the penalized person through the public postal service. In case the documents contain information about temporary withholding, revocation on the National Identity Application, database managed and operated by the Ministry of Public Security, the administrative violation processing database synchronizes the information with the National Identity Application, database, software as stipulated in point b clause 1 of this Article to remove the temporary withholding, revocation information of those documents.
3. In case the violator pays the administrative penalty through the public postal service, it shall be carried out according to the provisions of Article 20 of Decree No. 118/2021/NĐ-CP.
4. In case the deadline for resolving the violation recorded in the administrative violation record or in the notification of the authorized authority has expired, or the deadline for enforcing the administrative penalty decision has passed, but the vehicle owner or violator has not come to resolve or comply with the decision, the authorized authority shall notify the Inspection Authority (for vehicles required to undergo inspection), the vehicle registration authority, the driving license issuance authority to coordinate handling according to the Road Traffic Safety Law; Government Decree on administrative penalties related to traffic safety and order in road transport; deducting points, restoring points on driving licenses.
Sending notifications to the inspection authority, the vehicle registration authority, the driving license issuance authority shall be done electronically through data sharing or in writing.
5. Deducting points, restoring points on driving licenses shall be carried out according to the provisions of the Government Decree on administrative penalties related to traffic safety and order in road transport; deducting points, restoring points on driving licenses.
Article 24. Procedure for handling results obtained by technical equipment in cases of violations where traffic vehicles cannot be stopped for control and handling.
1. Within ten days from the date of discovering the violation, the authorized authority to impose penalties of the police agency where the administrative violation was discovered shall perform the following actions:
a) Determine information about the traffic vehicle, vehicle owner, organizations, individuals related to administrative violations through the vehicle registration authority, the National Population Database, other relevant authorities and organizations;
If the administrative violation does not fall within the penalty jurisdiction of the Chief of Police of the commune, ward, town or falls within that jurisdiction but the Police Station of the commune, ward, town is not equipped with a network connection system, the results obtained by technical equipment shall be transferred to the Police Station of the district where the vehicle owner, organizations, individuals related to administrative violations reside or have their headquarters (according to Form No. 03 issued together with this Circular) for resolution and handling of the violation case;
At the same time, update the information of the violating traffic vehicle (type of vehicle; license plate number, color of license plate; time, location, violation behavior; unit discovering the violation; unit resolving the case, contact phone number) on the website of the Traffic Police Corps, VNeTraffic App so that the vehicle owner, organizations, individuals related to administrative violations can know, check, and contact for resolution.
a) Send a traffic violation warning notification to the Inspection Agency (for vehicles required to undergo inspection) and the Vehicle Registration Agency, and update the status of having sent the warning notification on the administrative violation processing database.
b) For traffic vehicles such as motorcycles or motorbikes, continue to send notifications to the Police Station, Ward, Town where the subject of the vehicle, organization, or individual related to administrative violations resides or has their headquarters (according to Form No. 04 issued together with this Circular). The Police Station, Ward, Town is responsible for transferring the notification to the subject of the vehicle, organization, or individual related to administrative violations and requesting them to comply with the violation notification; report the results of the work and renotify the issuing police agency (according to Form No. 04 issued together with this Circular).
6. The transfer of results obtained through technical equipment, and the notification of the results of resolving the violation case shall be carried out through electronic data connection and sharing methods.
Article 25. Collection and use of data (information, images) obtained from technical means and equipment provided by individuals or organizations for detecting administrative violations
The process of collecting and using data (information, images) obtained from technical means and equipment provided by individuals or organizations, and verifying cases to detect administrative violations shall be carried out in accordance with the provisions of Chapter III of Decree No. 135/2021/NĐ-CP and the following provisions:
1. Traffic Police Units shall undertake receiving and collecting data (information, images), including:
a) Traffic Police Corps;
b) The Traffic Police Department;
2. The traffic police units specified in Clause 1 of this Article shall have the responsibility to publicly announce the location, postal address, email box, electronic information portal, website, social media account, hotlines of the unit, information on installing and using the VNeTraffic App so that individuals and organizations can provide information; organize duty shifts 24/24 hours to receive and collect data (information, images).
3. When traffic police officers receive and collect data (information, images), they must examine and classify them; if they meet the required criteria, they shall record them in the logbook (in accordance with Form No. 05 issued together with this Circular) and report to the competent authority head as follows:
a) In case the data (information, images) reflect ongoing road traffic order and safety violations on the route or area under their jurisdiction, they shall organize forces to stop vehicles, control, detect, and handle violations according to regulations. If it is not possible to stop vehicles for inspection or the reported violation has ended, they shall implement verification and handling measures according to the law;
b) In case the data (information, images) do not pertain to the route or area under their jurisdiction, they shall notify the competent traffic police unit to take verification and handling measures according to the law;
Units and localities equipped with electronic information systems to receive information and images reflecting road traffic order and safety violations through the VNeTraffic App shall carry out classification, management, storage, and transfer of data within the system.
4. Verification of information about vehicles and vehicle owners shall be conducted through the vehicle registration agency, the National Population Database, and other relevant agencies or organizations.
In case the vehicle owner or driver does not attend the public security office within twenty days from the date of sending the notification, the authority responsible for handling the case shall continue to send a notification to the police station of the commune, ward, town (in accordance with Form No. 04 issued together with this Circular). Upon receipt of the notification, the police station of the commune, ward, town shall have the responsibility to deliver it to the vehicle owner, request the vehicle owner to comply with the notification, and inform the public security office that sent the notification (in accordance with Form No. 04 issued together with this Circular).
Article 26. Coordination and acceptance of results obtained from technical means and equipment provided by organizations entrusted with managing, operating, maintaining road traffic infrastructure and transportation business
1. Traffic police units assigned the task of patrolling and controlling shall coordinate with organizations entrusted with managing, operating, maintaining road traffic infrastructure and road transport to implement:
a) Exploiting and using data from traffic management and control camera systems, cameras, and devices recording driver images installed on transportation vehicles provided by organizations entrusted with managing, operating, maintaining road traffic infrastructure and transportation management and business for the purpose of ensuring traffic order and safety and combating criminal activities on traffic routes as prescribed by law;
b) Accepting results obtained from technical means and equipment (vehicle weight control facilities, mechanical vehicle weight checking devices, audio and video recording devices, traffic management camera systems, cameras, and devices recording driver images installed on transportation vehicles) according to the Road Traffic Order and Safety Law, the Road Law, and Clause 22 of Decree No. 135/2021/NĐ-CP, to determine administrative violations and handle administrative violations in the field of road traffic order and safety. After accepting the results, they shall follow the provisions of Clause 3, Article 15 and Article 24 of this Circular (the violator must report the violation to the public security agency for resolution and handling).
2. The technical means and equipment specified in point b, Clause 1 of this Article must be managed and used in accordance with the Administrative Violation Handling Law (amended and supplemented in 2020), Decree No. 135/2021/NĐ-CP, and technical standards.
3. When accepting results obtained from technical means and equipment specified in point b, Clause 1 of this Article (photographs, images, printed forms, measurement indices, data stored in the memory of technical means and equipment), they must be recorded in the tracking logbook, signed off upon receipt and kept in the administrative penalty case file according to regulations.
Chapter IV
MOBILIZE OTHER FORCES IN THE PEOPLE'S POLICE TO PARTICIPATE IN COORDINATION WITH TRAFFIC POLICE IN IMPLEMENTING PATROLS AND CONTROLS OF ROAD TRAFFIC ORDER AND SAFETY IN CASES OF NECESSITY
Article 27. Requirements and principles for mobilizing other forces in the People's Police
1. Adhere to the provisions of the People's Police Law, the Road Traffic Order and Safety Law, this Circular, and other relevant laws.
2. Mobilization of forces must be carried out through a Decision or Mobilization Plan, which must clearly specify the forces, quantity required, time, route, area of mobilization, specific responsibilities and tasks of traffic police and mobilized forces. Upon completion of the mobilization period stated in the Decision or Mobilization Plan without a new mobilization document from the competent authority, other forces in the People's Police will conclude their mobilized tasks and revert to regular duties.
Coordination of forces must be based on the functions, tasks, and authorities of the mobilized forces, decisions of the competent authority, and the actual situation of the tasks.
3. Handling of administrative violations when participating in coordination to implement patrols and controls of road traffic order and safety must comply with the Administrative Violation Handling Law; Government Decrees stipulating administrative penalties for violations of road traffic order and safety in the field of road traffic; deduction and restoration of points on driving licenses, and related laws.
Article 28. Circumstances requiring the mobilization of other forces within the People's Public Security to cooperate with Traffic Police in patrolling and controlling traffic order and safety on roads
1. During periods of national and local commemorative days; significant political and social events; major cultural and sports activities of the State and localities.
2. During peak periods for ensuring traffic order and safety as directed by the Ministry of Public Security, the Traffic Police Corps, and the Provincial Public Security Director.
3. When there is a complex situation involving violations of traffic order and safety, traffic accidents, and traffic congestion.
4. Other situations where road traffic order and safety negatively impact public security and social order and safety.
Article 29. Authority to Mobilize, Forces to be Mobilized, and Conditions for Mobilized Personnel
1. Mobilization authority
a) The Minister of Public Security decides to mobilize other forces within the People's Public Security to cooperate with Traffic Police for patrolling and controlling throughout the country;
2. Forces to be Mobilized: Officers and non-commissioned officers from other forces within the People's Public Security.
3. Conditions for Mobilized Personnel
Personnel mobilized to cooperate with Traffic Police for patrolling and controlling must be thoroughly familiar with laws and regulations concerning road traffic order and safety, administrative penalties for violations of road traffic order and safety, and traffic patrol and control regulations.
Article 30. Tasks of Traffic Police and Tasks of Other Forces within the People's Public Security
1. Tasks of Traffic Police
In cases where the Minister of Public Security decides on mobilization, the Traffic Police Corps is responsible for developing the plan. Where the Provincial Public Security Director decides on mobilization, the Traffic Police Department is responsible for developing the plan. Where the District Public Security Chief decides on mobilization, the Traffic Police and Order Control Team of the District Public Security is responsible for developing the plan;
b) Time limit for developing the plan and its contents
Within two working days from receiving the mobilization decision, the Traffic Police units specified in this point must develop the plan and submit it to the authority that issued the mobilization decision for issuance and implementation;
c) Direct, manage, inspect, urge, guide, and organize the implementation of patrolling and controlling road traffic order and safety;
d) Impose administrative penalties within their authority.
2. Tasks of Other Forces within the People's Public Security
a) Deploy personnel, equip technical equipment, weapons, and support tools for patrolling and controlling road traffic order and safety according to the plan;
b) Handle violations within their authority; compile statistics and report traffic law violations, traffic accidents, patrol and control results, and violation handling outcomes as assigned in the plan;
The Commune Police may only patrol, control, and handle violations on commune roads and village roads within their jurisdiction. Upon discovering motorcyclists, cyclists, or drivers of simple vehicles committing violations such as not wearing helmets as required, carrying more passengers than allowed, transporting oversized goods beyond permitted dimensions, parking improperly, weaving dangerously, riding on one wheel for two-wheeled vehicles, lacking left-side mirrors as required, using umbrellas (canopies), towing or pushing other objects, or driving without the required age, or if they discover serious violations of road traffic order and safety that could cause significant societal harm if not promptly stopped, they may handle such violations according to the law. During the process of resolving these violations, if other violations are discovered, they may handle them within their authority; if the authority exceeds their penalty authority, they must issue an administrative violation notice and report to the competent authority for a decision on administrative penalties;
Orders to stop vehicles, conduct inspections, and handle violations shall be carried out in accordance with Articles 8; Clause 2, Clause 3 Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 20; Article 21; Article 22; Article 23 of this Circular.
Article 31. Equipment and Conditions for Other Forces within the People's Police to Perform Traffic Control and Order Patrol Tasks
1. When performing traffic control and order patrol tasks on roads, other forces within the People's Police shall be equipped with whistles, loudspeakers, traffic command sticks, technical equipment, weapons, other support tools as prescribed, and violation handling forms.
The management and use of technical equipment, weapons, support tools, and violation handling forms shall be carried out in accordance with regulations. Such equipment and tools shall only be provided for task performance; upon completion of the task, they must be handed over to the person directly responsible for management. The handover of technical equipment, weapons, support tools, and violation handling forms must be recorded in a logbook and signed off.
2. Other forces within the People's Police participating in coordinated traffic control and order patrols shall be entitled to allowances and subsidies as prescribed by law for forces involved in traffic order and safety assurance work.
Chapter V
IMPLEMENTING PROVISIONS
Article 32. Effectiveness
1. This Circular shall take effect from January 1, 2025.
2. The following documents are hereby abolished:
a) Circular No. 32/2023/TT-BCA dated August 1, 2023, issued by the Minister of Public Security, stipulating the duties, powers, forms, contents, and procedures for traffic patrols, inspections, and administrative violations handling by traffic police;
b) Article 1 of Circular No. 28/2024/TT-BCA dated June 29, 2024, issued by the Minister of Public Security, amending and supplementing certain articles of Circular No. 32/2023/TT-BCA dated August 1, 2023, issued by the Minister of Public Security, stipulating the duties, powers, forms, contents, and procedures for traffic patrols, inspections, and administrative violations handling by traffic police; Circular No. 24/2023/TT-BCA dated July 1, 2023, issued by the Minister of Public Security, stipulating the issuance and revocation of vehicle registration certificates and license plates.
3. In case the legal normative documents cited in this Circular are amended, supplemented, or replaced, the cited content shall also be adjusted and implemented according to the amended, supplemented, or replaced legal normative documents.
Article 33. Responsibility for Implementation
1. The Director of the Traffic Police Corps shall be responsible for directing, guiding, inspecting, and urging units and local public security organs to implement this Circular.
2. Heads of subordinate units under the Ministry of Public Security and Directors of provincial-level public security departments shall be responsible for implementing this Circular.
3. During the implementation of this Circular, if there are difficulties or obstacles, units and local public security organs shall report to the Ministry of Public Security (through the Traffic Police Corps) for timely guidance./.
Relations map
Click a document to open. A red border = a relation that changes validity.
Translations
This document is available in the following languages: