Circular No. 76/2011/TT-BCA stipulates the allocation of responsibilities and coordination relationships in traffic accident investigation and resolution work of the People's Police force.

CIRCULAR

Regulations on the allocation of responsibilities and coordination relationships in traffic accident investigation work,

and resolution by the People's Police force

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Pursuant to the Criminal Code of 1999, the Law Amending and Supplementing Certain Articles of the Criminal Code of 2009;

Pursuant to the Criminal Procedure Code 2003;

Pursuant to the Ordinance on Criminal Investigation Organization of 2004; the Ordinance Amending and Supplementing Certain Articles of the Ordinance on Criminal Investigation Organization of 2006 and the Ordinance Amending and Supplementing Certain Articles of the Ordinance on Criminal Investigation Organization of 2009;

Pursuant to the Ordinance on Administrative Violation Handling of 2002, the Ordinance Amending and Supplementing Certain Articles of the Ordinance on Administrative Violation Handling of 2007 and the Ordinance Amending and Supplementing Certain Articles of the Ordinance on Administrative Violation Handling of 2008;

Pursuant to the Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

The Ministry of Public Security stipulates on the allocation of responsibilities and coordination relationships in traffic accident investigation and resolution work for the People's Police force as follows:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates on the allocation of responsibilities and coordination relationships in traffic accident investigation and resolution work for the People's Police force, including road traffic accidents, railway traffic accidents, and inland waterway traffic accidents (hereinafter referred to collectively as traffic accidents).

Article 2. Applicability

This Circular applies to units and local public security organs; road traffic police forces, railway traffic police forces; inland waterway police forces; criminal investigation police forces; other police forces within the Public Security Force and other organizations and individuals related to traffic accident investigation and resolution work on the territory of the Socialist Republic of Vietnam.

Article 3. Organization of Traffic Accident Investigation and Resolution Work

1. Personnel assigned to traffic accident investigation and resolution tasks must thoroughly understand and strictly comply with all legal provisions and procedures of the Ministry of Public Security regarding traffic accident investigation and resolution; conduct traffic accident investigations and resolutions promptly, timely, meticulously, accurately, objectively, and comprehensively. Strictly prohibit personnel from taking advantage of their assigned tasks to harass, cause inconvenience, or engage in other negative behaviors that infringe upon state interests, the rights and legitimate interests of organizations and individuals.

2. Heads of criminal investigation departments at all levels of public security organs; Directors of the Highway-Railway Traffic Police Corps; Directors of the Inland Waterway Police Corps; Provincial Police Chiefs, centrally-administered city police chiefs (collectively referred to as provincial-level police chiefs) have the responsibility to direct and allocate sufficient staff members with moral character, professional expertise, investigative experience, and training in traffic accident investigation and resolution work to carry out assigned tasks.

3. Heads of units and local public security organs have the responsibility to provide adequate equipment and funding to support traffic accident investigation and resolution work; arrange reception points to receive reports and resolve traffic accidents or address citizens' complaints and reports about this work.

4. Investigating and resolving traffic accidents is a common task of the People's Police force, directly involving road traffic police forces, railway traffic police forces; inland waterway police forces; criminal investigation police forces. These forces must closely coordinate to ensure centralized and unified direction by heads of public security organs at all levels.

Chapter II
ALLOCATION OF RESPONSIBILITIES AND COORDINATION RELATIONSHIPS IN
TRAFFIC ACCIDENT INVESTIGATION AND RESOLUTION WORK

Article 4. Responsibilities of the Police of Districts, Counties, Towns under Provinces

The Head of the Police of Districts, Counties, Towns under Provinces (referred to collectively as the Police at the county level) shall be responsible for directing and organizing investigations and resolving all traffic accidents occurring within their jurisdiction. They shall assign the Traffic Police and Criminal Investigation Police to perform the following tasks related to traffic accident investigations and resolution:

1. Traffic Police Force:

a) Immediately arrive at the scene of a traffic accident within their jurisdiction to handle initial matters such as: organizing emergency medical care for victims, protecting the accident site, safeguarding the property of victims, identifying witnesses, and clearing traffic congestion;

b) Conduct on-site inspections, inspect vehicles, take statements from vehicle drivers and witnesses, collect relevant materials regarding the traffic accident. If criminal signs are discovered during the handling process, immediately transfer the case file to the Criminal Investigation Department of the Police at the county level for investigation according to their authority;

c) Initial handling such as on-site inspections, vehicle inspections, taking statements from vehicle drivers and witnesses involved in traffic accidents shall be carried out in accordance with the Procedures for Investigating and Resolving Road Traffic Accidents; Procedures for Investigating and Resolving Rail Traffic Accidents; Procedures for Investigating and Resolving Waterway Traffic Accidents issued by the Ministry of Public Security;

d) Accept traffic accidents without criminal signs transferred by the Criminal Investigation Police; handle administrative violations according to their authority for traffic accidents involving administrative violations.

2. Criminal Investigation Police Force:

a) Take the lead and coordinate with the Traffic Police to immediately arrive at the scene to conduct investigations and resolve traffic accidents resulting in death at the scene; traffic accidents causing serious consequences or worse; notify the People's Procuratorate at the same level to supervise the investigation according to the law;

b) Accept and organize investigations of traffic accidents with criminal signs according to their authority transferred by the Traffic Police;

c) Notify in writing the Traffic Police at the same level with full information about the results of investigating and resolving traffic accident cases assigned by the Head of the Police at the county level to investigate;

d) In cases where the Criminal Investigation Department has decided not to initiate a criminal case or has initiated a criminal case but then revoked the decision to initiate the case or suspended the investigation, if the actions of those involved in the traffic accident have signs of administrative violations, the Criminal Investigation Department shall transfer the entire case file, evidence, and vehicles involved in the traffic accident to the Traffic Police for handling administrative violations according to the law.

Article 5. Responsibilities of the Highway and Railway Traffic Police Department, Waterway Police Department of the Provincial Police

1. Guide and inspect the Traffic Police at the county level in performing traffic accident resolution work;

2. Conduct preliminary investigations and resolve traffic accidents assigned by the Director of the Provincial Police; cooperate with the Criminal Investigation Department of the Provincial Police, the Criminal Investigation Department of the County Police (if necessary) to investigate traffic accidents handled by the Criminal Investigation Department of the Provincial Police, the Criminal Investigation Department of the County Police;

3. When performing patrol and control duties on traffic routes, teams and stations of the Traffic Police and equivalent units under the Highway and Railway Traffic Police Department, Waterway Police Department receive reports or discover traffic accidents, they must immediately organize emergency medical care for victims, protect the accident site, safeguard property, identify witnesses, ensure traffic flow, and promptly notify the County Police where the accident occurred to handle and resolve it;

4. For County Police that have not deployed Waterway Police forces, the Director of the Provincial Police shall assign the Waterway Police Department to conduct preliminary investigations of waterway traffic accidents, then transfer the case files to the competent Criminal Investigation Department for resolution according to the law.

Article 6. Responsibilities of the Provincial Police Investigation Agency

1. Guide and inspect the traffic police investigation forces at the county level to carry out investigation and accident resolution work.

2. Investigate traffic accidents causing particularly serious consequences, and complex traffic accidents within the jurisdiction of the County-level Police Investigation Agency but which require direct investigation according to the assignment of the head of the Provincial Police Investigation Agency.

Article 7. Responsibilities of the Highway Traffic Police Bureau; Railway Traffic Police Bureau; Waterway Traffic Police Bureau

1. Guide and inspect the traffic police forces at various levels to carry out investigation and accident resolution work.

2. Coordinate with the Ministry of Public Security Police Investigation Agency, the Provincial Police Investigation Agency (if necessary) to resolve traffic accidents investigated by the Ministry of Public Security Police Investigation Agency and the Provincial Police Investigation Agency.

Article 8. Responsibilities of the Ministry of Public Security Police Investigation Agency

1. Guide and inspect the traffic police investigation forces to carry out investigation work on traffic accidents.

2. Directly investigate traffic accidents causing particularly serious consequences, and complex traffic accidents within the jurisdiction of the Provincial Police Investigation Agency but which require direct investigation.

Article 9. Responsibilities of other police forces

Within their functions, tasks, and authorities, the Mobile Police, 113 Police, Area Police, Order Maintenance Police, Fire Prevention and Control Police, Criminal Technical Police; Village, Ward, Town Police, and other related police forces shall be responsible for implementing the requirements of traffic police and investigation police during the investigation and resolution of traffic accidents.

Article 10. Traffic Accidents Involving Foreign Persons and Vehicles; Persons and Vehicles of the People's Army

1. For traffic accidents caused by foreign persons and vehicles, implement according to the provisions of Inter-Ministerial Circular No. 01-TTLN dated September 8, 1988 of the Supreme People's Procuracy, the Ministry of Home Affairs (now the Ministry of Public Security), the Ministry of Justice, and the Ministry of Foreign Affairs.

2. For traffic accidents involving persons and vehicles of the People's Army, after completing preliminary investigations, the following actions shall be taken:

a) If there are signs of criminal offenses within the jurisdiction of military courts as stipulated in Joint Circular No. 01/2005/TTLT-TANDTC-VKSNDTC-BQP-BCA dated April 18, 2005 of the Supreme People's Court, the Supreme People's Procuracy, the Ministry of National Defense, and the Ministry of Public Security guiding the jurisdiction of military courts, then implement according to the provisions of Joint Circular No. 01/2008/TTLT-TANDTC-VKSNDTC-BQP-BCA dated October 20, 2008 of the Supreme People's Court, the Supreme People's Procuracy, the Ministry of National Defense, and the Ministry of Public Security regarding coordination in certain investigative, prosecution, and trial activities between judicial agencies within and outside the military for criminal cases.

b) If there are no signs of criminal offenses, the traffic police shall handle administrative violations according to the law.

Article 11. Traffic Accident Reporting System

Reports on traffic accidents, investigation results, and resolution of traffic accidents; statistical analysis reports and comprehensive situation reports on traffic accidents shall be carried out in accordance with the regulations of the Ministry of Public Security. Traffic police forces and criminal investigation police at all levels must strictly implement the regulations concerning the traffic accident reporting system.

Chapter III

IMPLEMENTATION

Article 12. Effective Date

1. This Circular takes effect from January 9, 2012.

2. Decision No. 768/2006/QĐ-BCA(C11) dated June 20, 2006, issued by the Minister of Public Security regarding the allocation of responsibilities and coordination relationships in traffic accident investigation and resolution work by the People's Police force, shall cease to be effective from the date this Circular takes effect.

Article 13. Responsibility for Implementation

1. The Directors of the General Departments, Heads of units directly under the Ministry, Directors of Public Security, and Directors of Provincial Fire Prevention and Combating Departments under central cities within their respective functions and duties shall be responsible for organizing the implementation of this Circular.

2. The Director of the General Department of Administrative Management of Social Order and Safety, and the Director of the General Department of Crime Prevention and Suppression shall be responsible for organizing training, guidance, inspection, urging, and strict implementation of this Circular. In the process of implementing this Circular, if there are difficulties or obstacles, local public security units shall report to the Ministry (through the General Department of Administrative Management of Social Order and Safety and the General Department of Crime Prevention and Suppression) for timely guidance.

In the process of implementing this Circular, if there are difficulties or obstacles, local public security units shall report to the Ministry (through the General Department of Administrative Management of Social Order and Safety and the General Department of Crime Prevention and Suppression) for timely guidance.