Circular No. 76/2025/TT-BCA detailing the procedures for patrol, control, and administrative violation handling by inland waterway traffic police

CIRCULAR

when violating management and operation of procedure patrol, control and

administrative violation handling of Waterway Police inland waterways

 

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

Pursuant to the Law on Handling Administrative Violations (Model number S73-KC) dated June 20, 2012; Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020; Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated 25 the 6 day5;

Pursuant to Decree No. 118/2021/ND-CP dated December 23, 2021 detailing certain provisions and implementing measures of the Law on Handling Administrative Violations (amended and supplemented by Decree No. 68/2025/ND-CP dated March 18, 2025 and Decree No. 190/2025/ND-CP dated July 1, 2025);

Pursuant to Decree No. 135/2021/ND-CP dated December 31, 2021 on the list, management and use of technical equipment and procedures for collecting and using data obtained from technical equipment provided by individuals or organizations to detect administrative violations (amended and supplemented by Decree No. 38/2024/ND-CP dated April 5, 2024 and Decree No. 184/2025/ND-CP dated July 1, 2025);

Pursuant to Decree No. 02/2025/ND-CP dated February 18, 2025 on the functions, tasks, powers, and organizational structure of the Ministry of Public Security (amended and supplemented by Decree No. 11/2025/ND-CP dated July 1, 2025);

At the proposal of the Director of the Traffic Police Corps;

The Minister of Public Security issues this Circular stipulating the procedure for patrol, control, and administrative violation handling of Waterway Police. 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates requirements, tasks, powers; patrol, control, and administrative violation handling procedures on inland waterways, areas outside designated channels, unmanaged waters where inland waterway vessels are permitted to operate (hereinafter referred to as waterways), and mobilizing other forces within the People's Public Security to cooperate with Waterway Police to ensure traffic order and safety, social order on waterways when necessary.

Article 2. Applicability

This Circular applies to:

Article 1. Officers and non-commissioned officers of Waterway Police shall perform patrol, control, and administrative violation handling duties on waterways.

Article 2. Officers and non-commissioned officers of the People's Public Security mobilized to cooperate with Waterway Police to perform patrol, control, ensuring traffic order and safety, social order on waterways (hereinafter referred to collectively as mobilized staff).

Units under the Ministry of Public Security; Provincial and municipal police (hereinafter referred to collectively as local police units).

Agencies, organizations, and individuals related to patrol, control, and administrative violation handling activities on waterways within the territory of the Socialist Republic of Vietnam.

Article 3. Forms used in patrol, control, and administrative violation handling activities of Waterway Police

This Circular annexes the following forms:

Point 1. Form for transferring results collected by technical equipment regarding administrative violations concerning traffic order and safety on waterways (Form No. 01).

Point 2. Notice of administrative violations concerning traffic order and safety on waterways (Form No. 02).

Point 3. Notice of information and images reflecting administrative violations concerning traffic order and safety on waterways (Form No. 03).

Point 4. Report form (Form No. 04).

Point 5. Logbook for receiving information and images reflecting administrative violations concerning traffic order and safety on waterways (Form No. 05).

Point 6. Statistical logbook for handling administrative violation cases (Form No. 06).

Chapter II

REQUIREMENTS, TASKS, POWERS OF STAFF PERFORMING PATROL, CONTROL, AND ADMINISTRATIVE VIOLATION HANDLING ON WATERWAYS

Article 4. Requirements for officers performing patrol, supervision, and administrative violation handling tasks on inland waterways

1. Comply with the regulations of the law on inland waterway traffic, maritime traffic; laws on administrative violation handling, this Circular, and other relevant legal provisions.

2. Fully and responsibly perform assigned tasks in accordance with the law, approved patrol and supervision plans; implement democratic principles in ensuring traffic order and safety and the Police Force Regulations.

3. Maintain proper etiquette, demeanor, attitude, and appropriate cultural conduct when interacting with the public and individuals who violate the law.

4. Timely detect, prevent, and handle violations of laws related to inland waterway traffic and other related legal violations according to the prescribed authority, procedures, and formalities.

5. Ensure other requirements and regulations set forth by the Ministry of Public Security.

Article 5. Duties of officers conducting patrols and supervision on inland waterways

1. Implement orders and approved patrol and supervision plans.

2. Ensure traffic order and safety, social order on inland waterways; promptly detect, prevent, and handle violations of traffic order and safety, social order, and other legal violations on inland waterways as stipulated by law.

3. Guide participants in traffic to strictly comply with laws on inland waterway traffic order and safety and other relevant legal provisions.

4. Coordinate with units, organizations, and individuals within and outside the People's Public Security force in search and rescue operations, investigation, and resolution of inland waterway traffic accidents; combat crime and other legal violations on inland waterways as prescribed by law.

5. Identify shortcomings in state management regarding security and order in the field of inland waterway traffic, propose recommendations to competent authorities for timely measures to address these issues.

6. Perform other duties of the People's Public Security force as required.

Article 6. Powers of officers conducting patrols and supervision on inland waterways

1. Have the right to stop vessels for inspection and control as prescribed.

2. Supervise compliance with regulations on construction, management, exploitation, protection of infrastructure, organization of activities on inland waterways; conditions for vessel operation; conditions for crew and vessel operator activities; traffic rules and vessel signals; management and exploitation of inland waterway ports, wharfs, anchorage areas; inland waterway transport and other activities related to security and order on inland waterways as prescribed.

3. Apply preventive and handling measures for administrative violations and other legal violations on inland waterways as prescribed by law.

4. Request agencies, units, organizations, and individuals to cooperate and support in resolving traffic accidents, traffic congestion, hindrances to traffic, or other situations causing disorder and insecurity on inland waterways.

5. Use weapons, explosives, auxiliary tools; technical equipment and other means as prescribed by law.

6. In urgent cases to protect national security, ensure social order and safety, or to prevent ongoing or potential damage to society, officers conducting patrol and supervision may mobilize transportation vehicles, communication devices, and other means of agencies, organizations, individuals, and those controlling or using such means. Mobilization can be carried out through direct requests or written notices.

7. Temporarily halt the movement of people and vessels on certain inland waterway routes; recommend temporary halting of activities of people and vessels in port waters and shipping lanes outside port waters where domestic vessels are permitted to operate; regulate traffic, reroute, and arrange temporary stops or anchoring of vessels when traffic congestion occurs or when necessary for maintaining security and social order.

8. Request agencies, organizations, and individuals to provide information and images related to violations of laws on inland waterway traffic order and safety.

9. Exercise other powers as prescribed by law.

Chapter III

PATROL, SUPERVISION, AND ADMINISTRATIVE VIOLATION HANDLING PROCEDURES

Section 1

DEVELOPMENT AND IMPLEMENTATION OF PATROL, SUPERVISION, AND ADMINISTRATIVE VIOLATION HANDLING PLANS

Article 7. Classification, contents, and requirements for building Inspection and Control Plans

1. Inspection and Control Plans include the following types:

a) Comprehensive inspection and control plan and violation handling plan;

b) High-point inspection and control plan and violation handling plan;

c) Regular and periodic or sudden inspection and control plan;

d) Special topic inspection and control plan and violation handling plan;

đ) Coordination plan with related units to ensure traffic order and safety on inland waterways, security, and order;

e) Patrol work plan; patrol and control logbook and journal for inland waterways.

2. The contents of the Inspection and Control Plan include:

a) Basis for issuing the plan;

b) Objectives and requirements;

c) Route, area, time for patrol and control;

d) Objectives, behaviors to be concentratedly controlled and handled;

đ) Forms and contents of patrol and control;

e) Uniforms of officers implementing the patrol and control plan;

g) Deployment of forces, assignment of tasks, provision of equipment, technical devices, weapons, explosives, support tools, anticipated situations during patrol and control and measures to resolve them; assignment of implementation organization and reporting system on patrol and control situation and results.

3. Based on the work program, requirements for ensuring traffic order and safety, social order, directives from competent authorities, and basic operational results, understanding of the situation, and characteristics of the route and area of inland waterways, plans for deploying forces, means, and technical equipment should be built accordingly.

Article 8. Building and Issuing Inspection and Control Plans for Handling Administrative Violations

1. The Minister of Public Security issues the national inspection and control plan and administrative violation handling plan on inland waterways.

2. The Director of the Traffic Police Department

a) Advises the Minister of Public Security to issue the national inspection and control plan and administrative violation handling plan on inland waterways;

b) Directly issues the inspection and control plan and administrative violation handling plan on inland waterways along routes, areas, or nationwide;

c) Directs, guides, inspects, and urges the implementation of issued inspection and control plans and administrative violation handling plans.

3. Provincial Public Security Director (hereinafter referred to as the Provincial Public Security Director)

a) Issues the inspection and control plan and administrative violation handling plan within their jurisdiction;

b) Directs, guides, inspects, and urges the implementation of inspection and control activities and administrative violation handling within their jurisdiction;

c) Coordinates with the inland waterway patrol and control force of the Traffic Police Department when required.

4. Head of the Patrol Guidance and Crime Prevention Department on Inland Waterways

a) Advises the Director of the Traffic Police Department to issue the inspection and control plan and administrative violation handling plan within the authority of the Traffic Police Department Director;

b) Directly directs, guides, inspects, and urges the implementation of the inspection and control plan and administrative violation handling plan issued by the Minister of Public Security and the Director of the Traffic Police Department;

c) Builds the organization plan for inspection and control and administrative violation handling along routes and areas according to the approved inspection and control plan and administrative violation handling plan by the Minister of Public Security and the Director of the Traffic Police Department.

5. River Flotilla Commander under the Traffic Police Department

a) Advises the Director of the Traffic Police Department to issue the inspection and control plan and administrative violation handling plan on inland waterways other than coastal transport routes that have been announced if necessary;

b) Builds the regular and periodic monthly or sudden inspection and control and administrative violation handling plan along routes and areas assigned;

c) Approves the weekly work plan of subordinate River Flotillas and Teams.

6. Traffic Police Department Head

a) Advises the Provincial Public Security Director to issue the inspection and control plan and administrative violation handling plan within the authority of the Provincial Public Security Director;

b) Directly directs, guides, inspects, and urges the implementation of the Provincial Public Security Director's inspection and control plan and administrative violation handling plan;

c) Builds the regular and periodic monthly or sudden inspection and control and administrative violation handling plan along routes and areas assigned;

d) Approves the weekly work plan of subordinate Teams and Stations.

7. River Flotilla Commander, Team Leader, Station Chief

a) Advises the River Flotilla Commander and Traffic Police Department Head to implement the tasks stipulated in point a, Clause 5, and point a, Clause 6 of this Article;

b) Based on the plan approved by the competent authority, build the weekly work plan for the patrol and control team to report to the River Flotilla Commander and Traffic Police Department Head for approval;

c) Based on the approved weekly work plan, establish the patrol and control plan in the weekly work logbook for the patrol and control team. Only establish a plan for one patrol and control team according to the weekly work plan, once the plan is completed, a new plan can be established.

8. Village, Ward, and Special Zone Public Security Chief (hereinafter referred to as Village Public Security Chief) through the plan to ensure security and order in the area to implement traffic order and safety work for people, means of transportation, and goods at inland waterway ports, wharfs, and waters not organized for transportation management within the village, ward, and special zone administrative boundaries (hereinafter referred to as the village level).

9. Units equipped with technical devices, databases managing patrol and control activities, and administrative violation handling shall build and approve patrol and control plans electronically. Print one paper copy for storage as prescribed.

Article 9. Implementation of patrol, control, and administrative violation handling plans

1. Team Leader

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

b) Take attendance, check uniforms, identification numbers of People's Public Security officers; internal regulations; technical equipment; weapons, explosives, support tools; traffic documents of vehicles, documents of crew members, vehicle operators; People's Public Security identification cards (when arranging officers to wear civilian clothes); relevant forms and other necessary conditions for patrol, control, and administrative violation handling tasks;

c) Issue orders to commence patrols and controls when all conditions are met and safe. Units and localities equipped with the VNeCSGT traffic application on mobile devices for officers (hereinafter referred to as the VNeCSGT application) shall issue orders to conduct patrols and controls through the VNeCSGT application.

2. Team Member

a) Be thoroughly familiar with the objectives, requirements, contents of the plan, assigned tasks, positions, communication protocols;

b) Proactively prepare and carry out assigned tasks and other tasks as directed by the Team Leader;

c) Timely report to the Team Leader any unexpected situations occurring during the execution of patrol and control tasks.

3. Traffic means; technical equipment; weapons, explosives, support tools; other technical means equipped for the patrol and control team must be managed and used according to regulations; recorded specifically in the Logbook for Handover and Use of Technical Equipment, Weapons, Explosives, and Support Tools according to Form No. 05 issued together with Circular No. 75/2025/TT-BCA dated August 20, 2025 of the Minister of Public Security on patrol, control, and guiding activities of Waterway Police.

Section 2

CONDUCTING PATROLS, CONTROLS, AND ADMINISTRATIVE VIOLATION HANDLING

Article 10. Stopping Vehicles for Control

1. Officers implementing patrol, control, and administrative violation handling tasks according to the plan shall stop vehicles for control in the following cases:

a) Directly discovering or detecting through technical equipment signs of law violations;

b) Carrying out according to directives from competent authorities or according to approved patrol, control, and administrative violation handling plans;

c) Having a request from the head or deputy head of investigation agencies at various levels or relevant functional agencies to stop vehicles for control to serve national security protection and social order and safety assurance;

d) Receiving reports or accusations of law violations related to persons and vehicles participating in traffic.

2. Requirements for Stopping Vehicles for Control

a) Safety, compliance with legal provisions, without hindering traffic operations. Once the vehicle has been stopped, control and handling of violations (if any) must be carried out according to legal provisions;

b) Selecting inspection locations that require wide, deep, open areas with unobstructed views and appropriate flow rates to ensure safe, transparent, and public vehicle stops and inspections;

c) In cases where vehicles transporting flammable, explosive, toxic substances, or other dangerous goods are stopped for inspection, in addition to meeting the requirements set forth in points a and b of this clause, measures must be taken to ensure safety, guiding vehicles to move away from residential areas or quiet places to stop, then proceed with the inspection.

3. Vehicle Stop Orders

When stopping vehicles for control, it must be based on the density of traffic participants, traffic conditions, and characteristics of the route to ensure safety and normal traffic flow of other vehicles, and carried out as follows:

a) During the day, wave the "K" flag towards the vehicle to be inspected three times vertically from top to bottom, simultaneously sounding a long, short, and long tone;

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

c) In addition to the signals mentioned above, loudspeakers may be used to guide vehicles to stop or slow down for inspection.

4. After issuing the vehicle stop order, patrol and control officers guide the vehicle to approach the shore, dock at the wharf (if inspecting at the station) or alongside the patrol and control vessel (if inspecting at a point). In cases where the vehicle's stop causes difficulties or if conducting mobile inspections, notify the vehicle operator to reduce speed, ensure safety, and maneuver the patrol and control vessel alongside the vehicle to be inspected, boarding the vehicle to conduct the inspection and control according to regulations.

Article 11. Conducting direct control

1. Control of transportation means

a) The team leader and team members shall board the transportation means, meet with the owner of the transportation means or the person operating the transportation means. Depending on specific circumstances, the team leader or team member may perform a salute according to the Regulations of the People's Public Security or greet verbally, introduce rank, name, position, working unit; inform the reason, content of the control and request compliance with the control; conduct control in accordance with regulations.

b) Content and method of controlling transportation means

Control the documents of the transportation means, crew members, persons on the transportation means; control goods carried on the transportation means, documents of the goods and other related documents as prescribed (hereinafter referred to as documents). When controlling documents, it is necessary to compare with reality and determine the legality of the documents.

Control the technical safety conditions and environmental protection of the transportation means: control through observation, comparing reality with the documents of the transportation means or using technical equipment in sequence from inside to outside, from top to bottom. If necessary, check based on data or request specialized agencies to appraise.

Control transport safety: the draft of the transportation means compared to the safe waterline mark; type, quantity, number, specifications, size of goods, objects, actual number of people compared to the carrying capacity of the transportation means and measures to ensure safety during transport activities.

Control other relevant contents as prescribed by law.

During control, there must be a representative of the owner of the transportation means or crew members, the person operating the transportation means. In case these persons are not present, the control must have a representative of the local authority where the control takes place or at least one witness.

Implement the verification and control of information about licenses and certificates of individuals and organizations in violation from databases, electronic identity cards, electronic identification accounts as prescribed; if the information cannot be verified, require individuals and organizations in violation to produce their licenses and certificates.

In cases where temporary detention of licenses and certificates is applied according to Clause 1, Article 125 of the Law on Handling Administrative Violations 2012 (amended and supplemented in 2020, 2025; hereinafter referred to as the Law on Handling Administrative Violations), the authorized person requests individuals and organizations in violation to submit the paper version of the license and certificate and temporarily detain the license and certificate according to regulations; in cases where the license is issued in electronic form or expressed in the form of a data message, the agency or authorized person implements temporary detention and revocation on the electronic environment according to regulations if the infrastructure, technology, and information conditions are met. The status of temporary detention and revocation is updated in the database or electronic identity card, electronic identification account according to the prescribed regulations.

c) In cases where transportation means transporting flammable, explosive, toxic substances or other dangerous goods are controlled, safety measures must be taken to move the transportation means away from residential areas or places with few people to conduct the control; if necessary, request specialized agencies to participate in inspection activities.

2. Control of standards and conditions ensuring the safety of inland waterway traffic infrastructure structures, during the control process, if violations are discovered, they must be recorded by images and implemented specifically as follows:

a) For inland waterway traffic infrastructure structures, it is necessary to inspect the inland waterway traffic signal system, the safety situation of navigation channels, channel protection zones, works, inland waterway ports and wharves, and other related works to detect violations and handle them according to the provisions of the law.

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

c) In cases where dangerous obstacles directly affecting safety on the channel are found, the patrol and control team organizes temporary signaling, traffic regulation, and immediately informs the waterway management agency to set up guidance signals; cooperate with the waterway management agency to identify the owner of the obstacle, request the placement and maintenance of the signal, determine the time and methods for removal and clearance to ensure traffic safety, and handle violations according to regulations.

3. After control, the patrol and control team shall notify the relevant persons of the results of the control, the acts of violation, the form of administrative penalty (if any), and proceed to handle the violation or report to the authorized person to handle the violation according to the provisions of the law. In cases where no violations are found, express gratitude for cooperation. In cases where construction works, ports, wharves are found to be unsafe but the representatives of the works, ports, wharves are absent, make a record of inspection in the presence of a representative of the commune-level authority or at least one witness; inform the management unit of the works, ports, wharves and schedule a meeting time according to regulations.

Article 12. Control through technical equipment

1. Staff operating and using technical equipment in accordance with the provisions of the law to detect, collect acts of violating laws on inland waterways by individuals and vessels, organizations shall conduct administrative violation control and handling in accordance with the provisions of the law. The person in charge of the vessel participating in traffic has the responsibility to cooperate with requests for inspection and control through technical equipment of Inland Waterway Police.

2. The results collected by technical equipment are images, photographs, printed forms, measurement indices, data stored in the memory of technical equipment; they are compiled into lists, printed as image copies or recorded as evidence of violations and kept in the administrative violation case file in accordance with the provisions of the law and the Ministry of Public Security's regulations on record keeping.

3. When controlling through technical equipment, if information and images about acts of violating laws by individuals and vessels participating in inland waterway traffic are discovered and collected, the authorized authority to impose penalties shall act as follows:

Organize forces to stop watercraft for inspection and handling of violations in accordance with the law. If the violator or representative of the organization that violated requests to view the information, images, and results of the collected violations, allow them to view if such information, images, and results exist; if not, guide the violator or representative of the organization that violated to view the information, images, and results when being processed at the public security agency.

In cases where it is impossible to stop the violating watercraft on the day of the violation for inspection and handling, implement according to the provisions of Article 19 of this Circular.

Article 13. Handling administrative violations during patrol and control

1. Cases of administrative penalty without creating a record

When discovering an act of violation subject to administrative penalty under the procedure without creating a record, the authorized authority to impose penalties must issue an administrative penalty decision on the spot; in cases where the individual or organization that violated has not immediately implemented the penalty decision, they have the right to temporarily detain related documents in the order specified in point d, Clause 2, Article 14 of this Circular to ensure compliance with the penalty decision.

2. Cases of administrative penalty with creation of a record

a) When discovering an act of violation subject to administrative penalty with creation of a record, staff must create an administrative violation record in accordance with the provisions.

The administrative violation record is created using pre-printed forms or based on administrative violation processing databases;

b) After completing the administrative violation record, the staff member who created the record reads it aloud for all persons named in the record to hear; guides the rights and deadlines for explaining the administrative violation act that the individual or organization that violated has the right to explain in accordance with Article 61 of the Administrative Violation Handling Law.

Requests the violator or representative of the organization that violated to provide contact phone number, email address (if available) to receive penalty information through the National Public Service Portal, the Ministry of Public Security Public Service Portal; email, SMS message and sign the record (in cases where the violator or representative of the organization that violated cannot sign, then affix a fingerprint); except in cases where the record is created and sent electronically. If there are witnesses, interpreters, victims or representatives of organizations that suffered losses, these people must also sign the record; in cases where the administrative violation record consists of multiple pages, signatures or fingerprints must be made on each page of the record;

c) In cases where the violator or representative of the organization that violated is not present at the location of the violation or intentionally avoids or due to objective reasons does not sign or affix a fingerprint on the record or is present but refuses to sign or affix a fingerprint on the record, the staff member who created the record must clearly state the reason in the record. The Patrol and Control Team Leader invites a representative of the local authority where the violation occurred or at least one witness to sign confirming that the individual or organization that violated did not sign the record and must report in writing to the head of the unit as a basis for the authority to decide on penalties or use technical equipment to record as a basis for handling; do not erase or modify any contents already recorded in the administrative violation record;

d) The delivery of the administrative violation record to the violator is carried out in accordance with the provisions of Article 58 of the Administrative Violation Handling Law and Article 12 of Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government detailing some articles and measures to implement the Administrative Violation Handling Law (amended and supplemented in 2025; hereinafter referred to as Decree No. 118/2021/ND-CP).

3. Cases of administrative penalty on electronic environments shall be implemented in accordance with the provisions of Chapter IIIa of Decree No. 118/2021/ND-CP.

Article 14. Application of preventive measures, guaranteeing administrative violation handling and enforcement of Administrative Offense Penalty Decisions

1. In cases where it is necessary to immediately prevent an administrative violation act or to ensure the execution of penalty decisions or to verify circumstances for which there would be no basis to issue a penalty decision if not temporarily detained, the Head of the Patrol and Control Team must decide or report to the competent authority to decide on applying preventive measures in accordance with the law.

2. Temporary detention of evidence, means of transportation involved in administrative violations, licenses, and professional certificates

a) When discovering an administrative violation act that requires temporary detention of evidence, means of transportation involved in administrative violations, licenses, and professional certificates, the Patrol and Control Team shall notify the violator, representative of the violating organization, and related persons; proceed to establish an administrative violation record clearly stating the name, quantity, type, and condition of the detained evidence, means of transportation, licenses, and professional certificates; issue a temporary detention decision within their authority or report to the competent authority to issue such a decision according to regulations; if the detained evidence or means of transportation need to be sealed, they shall be sealed in accordance with Article 125 of the Law on Handling Administrative Violations and Decision No. 118/2021/NĐ-CP;

b) Within twenty-four hours from the time of establishing the record, the person who established the record must report to the competent authority to review and issue a temporary detention decision for the detained evidence, means of transportation, licenses, and professional certificates; the temporary detention decision must be handed over to the violator and the representative of the violating organization with one copy each.

If a temporary detention decision is not issued, the detained evidence, means of transportation, licenses, and professional certificates must be returned immediately in accordance with the regulations.

For cases where the detained evidence is easily perishable goods, the person detaining them must immediately report to the direct head supervisor for handling; if damage or loss occurs, compensation must be provided in accordance with the law.

c) In cases where the violator's means of transportation is temporarily detained and the driver is not present at the scene of the violation or deliberately avoids, obstructs, and does not comply, the following actions shall be taken: establish a temporary detention record with signatures confirming from a representative of the commune-level authority or at least one witness; use technical equipment (audio and video recording devices) to record the incident and images of the detained evidence and means of transportation; use methods to bring the detained evidence and means of transportation to the temporary detention location (either directly or by hiring organizations or individuals); verify and send notifications to the owner of the means of transportation, requesting the violator and the representative of the violating organization to resolve the matter (in accordance with Model No. 02 attached to this Circular); the violator and the violating organization must bear the costs for bringing the detained evidence and means of transportation to the temporary detention location in accordance with the law;

d) In cases where only a fine is imposed, the competent authority imposing the penalty may temporarily detain one of the following documents in the following order: Certificate of Professional Competence for Ship Captains, Driving License, Vehicle Registration Certificate, or a valid confirmation from a financial institution for vehicles pledged as collateral, Safety and Environmental Protection Certificate for Vehicles, Certificate of Professional Competence for Engine Room Officers, or other relevant documents related to the detained evidence and means of transportation as prescribed by law to ensure compliance with the administrative violation penalty decision. If the violator does not have these documents, the means of transportation involved in the administrative violation may be temporarily detained to ensure the enforcement of the administrative violation penalty decision;

e) In cases where the confiscation of the right to use licenses and professional certificates is applied, the competent authority imposing the penalty shall require the violator to submit and retain the original copies of the licenses and professional certificates, except in cases where the licenses and professional certificates have already been temporarily detained in accordance with Clause 7 of Article 125 of the Law on Handling Administrative Violations; the submission and retention of the original copies of the licenses and professional certificates must be recorded in a record and handed over one copy to the violator and the representative of the violating organization. If a temporary detention record has already been established for the licenses and professional certificates, the temporary detention record will remain valid until the end of the period during which the right to use the licenses and professional certificates is confiscated according to the administrative violation penalty decision;

f) In cases where electronic licenses or licenses represented in the form of data messages are issued, the competent authority shall implement temporary detention and confiscation on the electronic environment in accordance with the regulations if the conditions regarding infrastructure, technology, and information are met. The status of temporary detention and confiscation of the right to use shall be updated in the database or electronic identity card, electronic identification account in accordance with the regulations;

g) Within two working days from the date of issuing the administrative violation penalty decision involving the confiscation of the right to use licenses and professional certificates, the competent authority issuing the decision must send the administrative violation penalty decision to the agency that issued the licenses and professional certificates. The agency issuing the licenses and professional certificates is responsible for updating information about the retention and confiscation of licenses and professional certificates in the database;

Various types of records and decisions of the competent authority in the process of temporary detention and return of documents shall be carried out in accordance with the prescribed forms and can be established and sent electronically through the national identification application, other applications, or electronic information systems when the technical conditions are met.

The types of minutes, decisions of authorized persons in the temporary detention and return of documents shall be carried out according to the prescribed forms under the law and may be established and sent electronically through the national identification application, other applications, or electronic information systems in accordance with regulations when technical conditions for implementation are met.

Article 15. Recording in the Patrol and Control Plan Book and Logbook

1. Upon completion of each case, it must be immediately recorded in the Patrol and Control Plan Book and Logbook.

2. Cases shall be briefly, clearly, and continuously recorded in chronological order, specifically:

a) Record time (hours, minutes, date); location (kilometers, place name, route, area); inspected means of transport; license plate number, driver (if there is a violation, record the violation behavior; the number of the established record, preventive measures, other measures);

b) In cases of inspecting passenger-carrying vehicles and cargo-carrying vehicles, in addition to the recording requirements specified in point a, Clause 2 of this Article, the number of passengers, invoice number (date issued, issuing unit) or warehouse dispatch note, transportation contract showing the quantity of goods on the vehicle must also be recorded; if not available, the reason must be clearly stated; or an inventory form, transportation contract showing the quantity of goods on the means of transport; in case there is none, the reason must be clearly stated.

c) For traffic accident cases, traffic congestion, criminal activities, and other cases: record the time (hours, minutes, date); location (kilometers, place name, route, area) where the incident occurred; summarize the incident; results of resolution; cooperating forces (if any).

3. Units and localities equipped with the VNeCSGT application must record patrol and control logs using the VNeCSGT application.

Article 16. Conclusion of Patrol and Control

When concluding the patrol and control period, the Patrol and Control Team must immediately perform the following tasks:

1. The head of the Patrol and Control Team organizes a debriefing to draw lessons, supplement and complete all details of incidents during the patrol and control shift; fully record observations, evaluations of strengths and weaknesses, suggestions, sign the Patrol and Control Plan Book and Logbook.

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

3. Hand over to the unit's management staff: files of administrative violation cases, related documents, seized items, temporarily detained means of transport, fines collected on the spot, materials and images collected through technical equipment, other technical equipment; means of transport, technical equipment, weapons, explosives, support tools, and other equipment. Handover should be appropriate based on specific conditions, and must be recorded in the logbook according to regulations, signed by both the handover and receiving parties, with full names noted, and they must bear responsibility before the unit leader for the handover.

4. Units and localities equipped with the VNeCSGT application must record the contents of Clauses 1 and 2 of this Article using the VNeCSGT application.

Section 3

HANDLING ADMINISTRATIVE VIOLATIONS AT THE UNIT'S HEADQUARTERS

Article 17. Organization of Administrative Violation Handling Work

1. Public Security units and localities authorized to handle administrative violations must establish an administrative violation handling department.

2. Location for resolving administrative violation cases

a) Located in a convenient position with suitable space, providing seating for individuals coming to resolve administrative violation cases (this may be at the headquarters or on patrol and control vehicles);

b) Post diagrams indicating the workplace, public reception schedule, identification badges of officers responsible for handling, phone numbers, suggestion boxes, social media accounts, public reception rules, and key content from relevant legal regulations concerning administrative violation handling.

3. Responsibilities of administrative violation handling officers

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

b) Prepare administrative violation records for cases discovered through the use of technical equipment but where the means of transport could not be stopped for immediate handling;

c) Receive data (information, images) reflecting administrative violations related to waterway traffic order and safety (hereinafter referred to as information, images) provided by individuals or organizations or posted on mass media or social networks;

d) Receive case files of administrative violations;

e) Advise and propose methods for handling administrative violations.

Article 18. Procedure for Handling Administrative Violations

1. Receiving Case Files of Administrative Violations

a) Case files of administrative violations handed over by patrol teams, including: administrative violation records or inspection records; temporary detention records of items, means of transportation, licenses, and professional certificates involved in administrative violations; decisions on administrative penalties; decisions on temporarily detaining items, means of transportation, licenses, and professional certificates and related documents to the means of transportation, the person operating the means of transportation; detained items, means of transportation, licenses, and professional certificates and collected documents (if any);

b) Case files of administrative violations discovered through technical equipment with recording capabilities but the means of transportation could not be stopped for handling;

c) Case files of administrative violations reported or posted by organizations or individuals on mass media or social networks;

d) Case files of administrative violations transferred by criminal proceedings authorities with jurisdiction for administrative penalty;

đ) Entering the results of handling administrative violation cases into the software system for traffic order and safety violation processing (hereinafter referred to as the software) to monitor the violation case on the system.

2. Classifying Case Files of Administrative Violations

a) Case files of administrative violations awaiting resolution, including:

Types of cases where the nature of the violation is clear and no further verification is needed;

Types of cases requiring verification;

Types of cases outside the jurisdiction of the unit head;

Types of cases showing signs of criminal offenses; administrative violations discovered through the use of technical equipment, monitoring systems but the means of transportation could not be stopped for handling; administrative violations reported by organizations or individuals or posted on mass media or social networks regarding inland waterway traffic;

b) Case files where a decision on administrative penalty has been issued but the violator has not yet received it; or has received it but has not yet executed it or has not completed execution;

c) Case files that have been resolved, including: administrative violation cases where the violator has fully executed the administrative penalty decision but has not yet stored the file according to the Ministry of Public Security's file management regulations;

d) Case files for handling complaints and reports.

3. Reviewing Administrative Violation Cases

a) Entering data into the software to print the administrative penalty decision through the system as stipulated in Clause 4 of this Article; reviewing and comparing the administrative violation case file with legal provisions and reporting, proposing handling measures as prescribed; for cases requiring verification, explanations shall be made in accordance with Articles 59 and 61 of the Law on Handling Administrative Violations;

b) For cases not within the administrative penalty authority of the unit head, staff shall report and propose transferring the case file to the competent authority for handling in accordance with the law;

c) For administrative violations discovered through the use of technical equipment, monitoring systems, and inland waterway databases but the means of transportation could not be stopped for handling, the provisions of Article 19 of this Circular shall be followed; when resolving, the violator must be allowed to view the results obtained through technical equipment, monitoring systems, databases, and the administrative violation record. After completing the administrative violation record, the results of handling administrative violation cases shall be entered into the software as stipulated in Point đ Clause 1 of this Article;

d) For cases showing signs of criminal offenses, if within the authority, staff shall report and propose the unit head to continue investigating and handling according to the Criminal Law's provisions for initial investigative activities assigned to certain agencies. If not within the authority, the case file shall be transferred to the criminal proceedings authority with jurisdiction for handling as stipulated in Article 62 of the Law on Handling Administrative Violations;

đ) Submitting to the competent authority for issuing an administrative penalty decision in accordance with the law;

e) Sending the administrative penalty decision to the issuing authority for cases where the right to use licenses and professional certificates has been revoked and delivering the decision to the violators as prescribed. Entering data into the Traffic Police Department's software for cases where licenses and professional certificates have been revoked or temporarily detained beyond the deadline but the violator has not yet come to execute the penalty decision. When the violator has executed the penalty decision and reclaimed the means of transportation documents, licenses, and professional certificates, the handler shall update the software with the information on returning the means of transportation documents, licenses, and professional certificates;

g) When the violator comes to resolve the violation, the provisions of Clause 5 of this Article shall be followed. In cases of paying administrative fines through the National Public Service Portal, the Ministry of Public Security's Public Service Portal, or postal services, the provisions of Clauses 6 and 7 of this Article shall be followed;

h) In cases where the violator does not come to resolve the violation within the time limit specified in the administrative violation record, the provisions of Article 70 of the Law on Handling Administrative Violations and Clause 8 of this Article shall be followed;

For licenses and professional certificates that have exceeded the temporary detention period or the enforcement deadline of the penalty decision, if the violator does not come to collect them without a valid reason, within ten working days from the end of the temporary detention period or the enforcement deadline, the authorized person shall transfer them to the issuing authority to proceed with recovery according to the law and notify the violator as stipulated in Article 126 of the Law on Handling Administrative Violations;

For cases where professional qualification certificates have been revoked, the authorized person issuing the penalty decision must inform the issuing authority within five working days from the date of the decision and immediately update the information on the Traffic Police Department's software.

4. For units and localities of the Public Security that have been equipped with software, they must enter data and print administrative violation penalty decisions through the software.

In cases where force majeure necessitates the use of pre-printed administrative violation penalty decision forms (Teams, Stations, Water Teams must submit specific reports to their unit leaders regarding the force majeure reasons and must file these into the administrative violation case files) or in cases of penalties under procedures without creating a record using pre-printed forms; after issuing the decision on a pre-printed form, data must be entered into the software for management and to fulfill information and reporting requirements.

When the software meets conditions regarding infrastructure and technical information, it shall be used to create and print administrative violation records and other forms through the software.

5. Directly work with individuals or representatives of organizations violating regulations to address violations.

a) Accept the administrative violation record and compare it with the violation file; if the individual or organization has lost the administrative violation record, they must present identification documents for comparison with the file; only directly handle the administrative violation case with the violator, representative of the violating organization, or legally authorized representative according to the law.

b) Inform the form, level of penalty, preventive measures, other measures, and results of collecting violation behavior through technical means and equipment as prescribed.

If the violator's documents have been integrated and updated in the electronic identity card, electronic identity account on the national identification application, database managed and operated by the Ministry of Public Security, when applying the form of revoking the right to use licenses, certificates, the person authorized to implement the revocation shall carry out the revocation in the electronic environment, update information about the revocation of the right to use licenses, certificates on the administrative violation processing database and synchronize with the national identification application, Government Service Portal, Traffic Police Information Website, database managed by the Ministry of Public Security, VNeCSGT application, traffic application on mobile devices managed and operated by the Traffic Police Force (hereinafter referred to as VNeTraffic application) so that the violator, vehicle owner (for vehicle owner's documents) can know and comply with the regulations, serving the inspection, control, and handling of violations by competent authorities.

c) Deliver one copy of the administrative violation penalty decision to the person being penalized or their legal representative, authorized person, and one copy to the State Treasury or bank where the fine is collected.

d) In cases where individuals or organizations have completed payment of fines, the administrative violation handling staff at the unit shall proceed as follows: accept the receipt of fine collection; check and compare the receipt of fine collection with the administrative violation file and retain the file; return confiscated items, vehicles, licenses, and certificates temporarily seized according to administrative procedures (except in cases where supplementary penalties, measures to mitigate consequences, or confiscation of items and vehicles have not been fully implemented) according to the law. Return licenses and certificates when the suspension period has expired.

If such documents have information about temporary seizure or revocation of usage rights on the national identification application, databases managed and operated by the Ministry of Public Security, the authorized person issuing the decision shall prepare and issue the documents back to the person being penalized; the administrative violation processing database shall synchronize information with the national identification application, databases, and software specified in point b, clause 5 of this Article to remove the content of information about the temporary seizure, revocation of usage rights of such documents.

e) In cases where the matter is resolved based on a notification of administrative violations concerning waterway traffic order and safety: check and compare information on the notification paper and identification documents; show the violator the results of collecting violation behavior through technical means and equipment; prepare the administrative violation record and handle the violation according to the regulations.

6. In cases where the violator pays the administrative violation fine through the Government Service Portal.

a) The authorized person imposing the penalty sends the penalty information to the Government Service Portal; the Government Service Portal automatically notifies the violator to check the administrative violation penalty decision information via the phone number provided to the Public Security agency at the time of preparing the violation record.

b) The violator accesses the Government Service Portal through the administrative violation penalty decision number notified or the violation record number to check the administrative violation penalty decision information; pay the administrative violation fine, register to reclaim temporarily seized documents, and revoke through postal services.

c) The authorized person imposing the penalty checks the electronic receipt of the administrative violation fine collection sent by the Government Service Portal system to print, retain the administrative violation penalty file, and use it as the basis for returning temporarily seized documents and removing the content of information about temporary seizure on the national identification application, databases, and software as stipulated in point d, clause 5 of this Article.

d) The authorized person imposing the administrative violation penalty returns temporarily seized or revoked documents (when the revocation period has expired) to the person being penalized through postal services. If such documents have information about temporary seizure or revocation of usage rights on the national identification application, databases managed by the Ministry of Public Security, the administrative violation processing database shall synchronize information with the national identification application, databases, and software specified in point b, clause 5 of this Article to remove the content of information about temporary seizure, revocation of usage rights of such documents.

7. In cases where the violator pays the administrative violation fine through postal services, it shall be carried out according to the provisions of Article 20 of Decree No. 118/2021/NĐ-CP.

8. In case the deadline for resolving the administrative violation recorded in the administrative violation record or in the notification from the competent authority to impose penalties, or the deadline for enforcing the penalty decision has passed, and the vehicle owner or the violator has not yet attended to resolve the issue or comply with the penalty decision, the competent authority imposing penalties shall send a notification to the inspection agency (for watercraft subject to inspection) or the registration agency to coordinate in handling the matter according to regulations.

The sending of notifications to the inspection agencies and registration agencies shall be carried out through electronic means connecting and sharing data, or by paper documents.

9. Monitoring and statistics on the handling of administrative violations

a) Within no more than 48 hours from when the individual or organization has fully complied with the penalty decision, the officer responsible for handling the violation must enter the data into the software for cases due to force majeure reasons (including cases of penalties imposed without a record being made) that require the use of pre-printed forms as stipulated in Clause 4 of this Article;

b) Statistics on the results of handling administrative violations into the software for monitoring purposes;

c) Arrange files to be included in the archive according to the file retention system; store data on the computer.

Article 19. Procedure for handling results obtained through technical equipment for cases of violations where the vehicle cannot be stopped immediately for control and handling

1. When officers monitoring the system or operating technical equipment detect a violation, they immediately notify the Patrol and Control Team on the route or the Standing Patrol and Control Team to stop the vehicle for inspection. If the vehicle cannot be stopped immediately, specific details such as date, time, route, area, characteristics, and images of the violating vehicle are recorded in the logbook and handed over to the Patrol and Control Team on the route for tracking and stopping the vehicle to handle the violation; daily updates on vehicles detected through the monitoring system and technical equipment on the route and local areas under their responsibility that have not been stopped for control and handling are uploaded to the VNeCSGT application so that units on the route can know and coordinate in implementation.

Any Patrol and Control Team on the route that has discovered and stopped the vehicle should contact the unit that detected the violation to obtain the violation image information to handle the violation according to regulations. After completing the handling, update the status as resolved on the VNeCSGT application so that other units are informed and the Public Security Agency where the administrative violation was discovered can monitor.

Within ten days from the date of discovery of the violation, if no unit on the route has stopped the vehicle for handling, the competent authority imposing penalties of the Public Security Agency where the administrative violation was discovered shall implement:

a) Verify information about the vehicle, vehicle owner, organization, or individual related to the administrative violation through the registration agency or the inspection agency for watercraft and the National Population Database;

b) If the vehicle owner, organization, or individual related to the administrative violation does not reside or operate at the commune level where the administrative violation was discovered, and it is determined that the administrative violation falls within the penalty jurisdiction of the Commune Chief, transfer the results obtained through technical equipment to the Commune Police Station where the vehicle owner, organization, or individual resides or operates, or the Commune Police Station where the organization or individual requests resolution of the violation (when infrastructure and technical conditions are available) according to Form No. 01 issued together with this Circular for resolution and handling of the violation.

If the administrative violation does not fall within the penalty jurisdiction of the Commune Chief or falls within the penalty jurisdiction of the Commune Chief but the Commune Police Station has not been equipped with a network connection system, transfer the results obtained through technical equipment to the Traffic Police Department of the Provincial Police Station where the vehicle owner, organization, or individual resides or operates, or the Commune Police Station where the organization or individual requests resolution of the violation (when infrastructure and technical conditions are available) according to Form No. 01 issued together with this Circular for resolution and handling of the violation;

c) Send a notification (according to Form No. 02 issued together with this Circular) requesting the vehicle owner, organization, or individual related to the administrative violation to attend the Public Security Agency where the administrative violation was discovered to resolve the matter. If the organization or individual does not have the conditions to directly attend the Public Security Agency where the administrative violation was discovered and requests resolution of the violation at the Commune Police Station where they reside or operate or another Commune Police Station, the Public Security Agency where the administrative violation was discovered shall transfer the results obtained through technical equipment to the Public Security Agency requested by the organization or individual for resolution of the violation (when infrastructure and technical conditions are available). The notification of the violation shall be sent in writing or through electronic means connecting and sharing data on the VNeTraffic application when infrastructure and technical conditions and information are met.

At the same time, update the information of the violating traffic vehicle (type of vehicle; license plate number, color of license plate; time and location of violation, violation behavior; discovering agency; resolving agency, contact phone number) on the website of the Traffic Police Corps and the VNeTraffic application so that the vehicle owner, organization, or individual related to the administrative violation can know, search, and contact for resolution.

2. When the vehicle owner, organization, or individual related to the administrative violation attends the Public Security Agency to resolve the violation, the competent authority imposing the administrative violation penalty of the Public Security Agency where the violation was discovered or the Commune Chief shall handle and resolve the violation according to points b, c, and d of Clause 1 of Article 15 of Decree No. 135/2021/NĐ-CP.

3. In case the violation matter is handled and resolved by the police station of the commune or the provincial police, they must immediately notify the results of handling and resolving the violation matter to the police agency where the violation was discovered. At the same time, update the status of having handled and resolved the violation matter on the Traffic Police Inspectorate's electronic information website and send the notification about the violating vehicle to the inspection agency, remove the warning status sent to the inspection agency on the software (if there is already a warning from the police agency where the violation was discovered).

In case the violation matter is handled and resolved by the police agency where the violation was discovered, they must immediately notify the results of handling the violation matter to the police station of the commune or the provincial police that have received the results obtained through technical equipment. At the same time, update the status of having handled and resolved the violation matter on the Traffic Police Inspectorate's electronic information website and send the notification about the violating vehicle to the inspection agency, remove the warning status sent to the inspection agency on the software for the violation matter specified in Clause 4 of Article 20.

4. If beyond twenty days from the date of sending the violation notification, the owner of the vehicle, organization, or individual related to the administrative violation does not come to the office of the police agency where the violation was discovered to resolve the matter or the police agency where the violation was discovered has not yet received the notification of the results of handling and resolving the violation matter from the police station of the commune or the provincial police that have received the results obtained through technical equipment, then the authorized person to impose administrative penalties of the police agency where the violation was discovered shall perform:

a) Update the information of the violating vehicle (type of vehicle; license plate number, color of license plate; time, location of violation, violation behavior; unit discovering the violation; unit resolving the matter, contact phone number) on the Traffic Police Inspectorate's electronic information website so that the owner of the vehicle, organization, or individual related to the administrative violation can know and contact to resolve according to regulations;

b) Send the notification about the violating vehicle to the inspection agency for vehicles within the scope of inspection; at the same time, update the warning status sent to the inspection agency on the software.

5. The transfer of results obtained through technical equipment, notifications of the results of resolving violation matters shall be carried out by means of electronic connection and data sharing.

Article 20. Collection and use of data obtained from technical equipment provided by individuals or organizations to detect administrative violations

The process of collecting and using data obtained from technical equipment provided by individuals or organizations to detect administrative violations shall be implemented in accordance with the provisions of Chapter III of Decree No. 135/2021/ND-CP and the following provisions:

1. Units responsible for receiving and collecting data (information, images) include:

a) The Department of Patrol Guidance, Inspection and Crime Prevention on inland waterways, belonging to the Traffic Police Inspectorate;

b) Provincial Traffic Police Departments;

c) Police stations of the commune.

2. Units specified in Clause 1 of this Article shall be responsible for:

a) Publicly announcing the location, postal address, email address, electronic portal or website, social media account, hotlines of the unit, information about installing and using the VNeTraffic application so that individuals and organizations can provide;

b) Organizing 24/24-hour duty shifts to receive and collect data (information, images).

3. Receiving, collecting, and processing data (information, images)

The receiving, collecting, and processing of data (information, images) shall be carried out in accordance with the provisions of Article 20 of Decree No. 135/2021/ND-CP. When receiving and collecting data, officers must examine and classify it; if it meets the required criteria, it shall be recorded in the Logbook of Information and Images Reflecting Administrative Violations of Waterway Traffic Order and Safety (in Form No. 05 issued together with this Circular) and notify the head of the unit with authority to implement as follows:

a) In case the data reflects ongoing violations of waterway traffic order and safety on the route or area under responsibility, organize forces to stop the vehicle, inspect, discover, and handle the violation according to regulations;

b) In case the vehicle cannot be stopped for inspection or the violation reflected has ended, notify and update the information and images of the vehicle suspected of violating, provided by organizations or individuals, onto the VNeCSGT application for patrol and inspection units on the route to know and cooperate in stopping the vehicle for verification and handling. Within ten days from the date of updating the information, if no unit on the route has found and stopped the vehicle for handling, the authorized person to impose penalties of the police agency that received the violation report shall verify according to the provisions of Clause 4 of this Article.

Units and localities equipped with electronic information systems to receive information and images reflecting violations of waterway traffic order and safety through the VNeTraffic application shall carry out classification, management, storage, and transfer of data on the system.

4. Verifying data and concluding the case

Based on specific requirements of each case, the authorized person handling the case shall perform:

a) Verify information about the watercraft, the owner of the watercraft through the registration and inspection agencies of watercrafts, the National Population Database, other relevant agencies or organizations; send a notification to the police station of the commune, the owner of the watercraft, invite the owner of the watercraft, the driver of the watercraft to the police station issuing the violation notice to clarify the case (in Form No. 03 issued together with this Circular). The police station of the commune, upon receipt of the notification, shall be responsible for transferring it to the owner of the watercraft, requiring the owner of the watercraft to comply with the notification and renotify the police station issuing the notification (in Form No. 04 issued together with this Circular);

b) Perform data verification and conclude the case according to the provisions of Article 21 of Decree No. 135/2021/ND-CP.

5. The notification to the owner of the vehicle shall be sent through electronic means connecting and sharing data when the material and infrastructure requirements are met.

Article 21. Receiving and processing results obtained from technical equipment and databases provided by specialized state management agencies on inland waterways.

1. The inland waterway police unit assigned the task of patrolling and supervising along the route and area under its responsibility shall cooperate with specialized state management agencies on inland waterways to implement:

a) Exploiting and using traffic management and operation data of organizations entrusted with managing, operating, and maintaining inland waterway traffic infrastructure to serve the work of ensuring traffic order and safety, and combating criminal activities on the traffic route in accordance with the law;

b) Receiving results obtained from technical equipment specified in Article 22 of Decree No. 135/2021/NĐ-CP for use as a basis to determine administrative violations and handle administrative violations in accordance with the law. After receiving the results, the following actions shall be taken:

In case the violating vehicle is still circulating on the route and area under responsibility, the head of the patrol and traffic supervision unit with authority shall organize forces to stop the violating vehicle, inspect it, and handle the violation according to the law.

In case the violating vehicle has moved to another route or area, the head of the patrol and traffic supervision unit with authority shall verify information about the violating vehicle and its owner, send a violation notice, and handle the violation according to Article 19 of this Circular.

2. When receiving results obtained from technical equipment provided by specialized state management agencies on inland waterways, the receiving officer must sign the receipt and retain it in the administrative penalty file.

Chapter IV

MOBILIZE OTHER FORCES IN THE PEOPLE'S POLICE TO PARTICIPATE IN COOPERATION AND IMPLEMENT PATROLLING, SUPERVISION, AND ENSURING TRAFFIC ORDER AND SAFETY, SOCIAL ORDER ON INLAND WATERWAYS

Article 22. Cases for mobilizing other forces.

1. Patrolling and supervising to serve the fight against crime.

2. Special topic patrolling and supervising that requires participation of specialized staff.

3. High points in ensuring traffic order and safety according to directives from the Ministry of Public Security, the General Traffic Police Corps, and the Provincial Public Security Director.

4. When the situation of traffic order and safety violations, traffic accidents, and flood prevention and rescue operations becomes complicated.

Article 23. Requirements and principles for mobilizing forces in patrolling and supervising to ensure traffic order and social order on inland waterways.

1. Compliance with the provisions of the Law on People's Police, the Law on Inland Waterway Traffic, this Circular, and other relevant laws.

2. Mobilization of forces must be carried out by Decision and Mobilization Plan, clearly stating the forces, quantity, time, routes, areas, specific responsibilities, and tasks of the inland waterway police and the mobilized forces. Coordination among forces must be based on their functions, duties, authorities, decisions of competent authorities, and actual needs.

3. Handling of administrative violations when participating in cooperation to implement patrolling and supervising to ensure public security and traffic order and safety must comply with the law on handling administrative violations, Government Decree on administrative penalties in the field of inland waterway traffic, and related laws.

Article 24. Authority to mobilize, coordinate and conditions for officers to be mobilized and coordinated

1. Mobilization authority

a) The Minister of Public Security decides to mobilize other forces within the People's Public Security to participate in coordinating with inland waterway police to conduct patrols and inspections;

b) The Director of the Traffic Police Department decides to mobilize other forces under his management to participate in coordinating with inland waterway police to conduct patrols and inspections;

c) The Director of Provincial Public Security decides to mobilize other forces within the People's Public Security under his management to participate in coordinating with inland waterway police to conduct patrols and inspections;

d) The Head of the Patrol Guidance, Inspection and Crime Prevention on Inland Waterways Department, the River Flotilla Commander advises the Director of the Traffic Police Department; the Head of the Traffic Police advises the Provincial Public Security Director on documents implementing the mobilization and coordination of patrol and inspection forces to ensure waterway traffic order and safety.

2. Conditions for officers to be mobilized

Officers who are mobilized to participate in coordinating with inland waterway police to conduct patrols and inspections must be familiar with laws and regulations on waterway traffic order and safety, administrative penalties for violations of waterway traffic order and safety, and specific topics they are mobilized to assist in patrolling and inspecting.

Article 25. Tasks of inland waterway police and tasks of other forces in cooperative activities

1. Tasks of inland waterway police

a) Develop plans for patrols and inspections to maintain waterway traffic order and safety

If the Minister of Public Security decides on mobilization, the Traffic Police Department shall be responsible for developing the plan. If the Provincial Public Security Director decides on mobilization, the Traffic Police Office shall be 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 units specified in point a of this clause must develop the plan and submit it to the competent authority that issued the mobilization decision for issuance and implementation;

c) Direct, manage, inspect, urge, guide and organize the implementation of patrols and inspections to maintain waterway traffic order and safety; compile statistics and report on violations of law, traffic accidents; results of patrols and inspections, administrative penalties;

d) Impose administrative penalties within their authority.

2. Tasks of other forces in cooperative work

a) Deploy personnel, equip means, technical equipment, weapons, explosives, and support tools to participate in patrols and inspections to maintain waterway traffic order and safety according to the plan;

b) Inspect and control actions assigned in the plan and handle violations within their authority; report cases of law violations related to their specialized work participating in cooperation.

Article 26. Equipment and guarantee conditions for other forces in the People's Public Security when mobilized to perform patrol and inspection tasks to maintain waterway traffic order and safety

1. When other forces in the People's Public Security are mobilized to cooperate in performing patrol and inspection tasks to maintain waterway traffic order and safety, they are equipped with whistles, loudspeakers, flags with letter K, life jackets, means, technical equipment, weapons, explosives, other support tools as prescribed, and violation handling forms.

Management and use of means, technical equipment, weapons, explosives, support tools, and forms shall comply with regulations. These items are only provided for duty purposes; upon completion of the task, they must be handed over to the person directly responsible for management. Handover of means, technical equipment, weapons, explosives, support tools, and forms must be recorded in a logbook and signed off.

2. In addition to being equipped as prescribed in Clause 1 of this Article, when other forces in the People's Public Security are mobilized to cooperate in performing patrol and inspection tasks to maintain waterway traffic order and safety, they need to proactively prepare necessary means and technical equipment according to their specialized fields they are mobilized to assist in.

Article 27. Information and Reporting System

1. Periodic reports

a) Weekly, monthly, every six months, annually, Water Teams, Teams, Stations, Posts, and Public Security Police at the commune level shall report to the Water Corps leadership and the Traffic Police Department on the situation and results of patrol, control, and administrative violation handling activities.

b) Weekly, monthly, every six months, annually, the Traffic Police Department shall report to the Provincial Public Security Director and the Director of the Traffic Police Bureau; the Water Corps shall report to the Director of the Traffic Police Bureau on the situation and results of patrol, control, and administrative violation handling activities.

2. In cases involving serious, complex incidents or those having a negative impact on political security and social order and safety, immediate reports must be made to the Provincial Public Security Director and the Director of the Traffic Police Bureau.

3. In cases where vehicle documents or Certificates of Professional Competence are temporarily retained to ensure punishment, if the retention period expires or the enforcement deadline for the penalty decision passes and the violator does not come to collect them without a valid reason, within ten working days from the expiration date of the retention period or the enforcement deadline for the penalty decision, the authorized person retaining the documents must transfer them to the issuing agency for recovery according to the law, notify the Traffic Police Bureau, and inform the violator.

Chapter V

IMPLEMENTING PROVISIONS

Article 28. Effective Date

1. This Circular takes effect from October 10, 2025.

2. The following documents are hereby abolished:

a) Circular No. 36/2023/TT-BCA dated August 2, 2023, issued by the Minister of Public Security, stipulating the procedures for patrol, control, and handling of violations by inland waterway police (hereinafter referred to as Circular No. 36/2023/TT-BCA).

b) Article 3 of Circular No. 13/2025/TT-BCA dated February 28, 2025, issued by the Minister of Public Security, amending and supplementing certain articles of circulars regulating traffic order and safety operations for land, railway, and inland waterway transport (hereinafter referred to as Circular No. 13/2025/TT-BCA).

3. Legal regulatory documents cited in this Circular, when amended, supplemented, or replaced, shall be implemented according to the provisions of the amending, supplementing, or replacing document.

Article 29. Transitional Provisions

Forms No. 01/36, Form No. 02/36, and Form No. 05/36 promulgated together with Circular No. 13/2025/TT-BCA; Form No. 03 and Form No. 04 promulgated together with Circular No. 36/2023/TT-BCA that have been printed but not fully used shall continue to be used until December 31, 2025; starting January 1, 2026, all forms accompanying this Circular shall be uniformly used.

Article 30. Responsibility for Implementation

1. The Director of the Traffic Police Bureau is responsible for directing, monitoring, guiding, inspecting, and urging the implementation of this Circular.

2. Heads of units under the Ministry and Provincial Public Security Directors are responsible for enforcing this Circular.

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