Are Vietnam's communal police authorized to stop vehicles for handling administrative violations when there are no traffic police officers accompanying them?
- Are Vietnam's communal police authorized to stop vehicles for handling administrative violations when there are no traffic police officers accompanying them?
- What are the duties of Vietnam's traffic police in patrols, controls, and handling administrative violations regarding road traffic?
- When conducting patrols and controls, what is the equipment of Vietnam's traffic police forces?
Are Vietnam's communal police authorized to stop vehicles for handling administrative violations when there are no traffic police officers accompanying them?
Pursuant to Clause 2 Article 33 of Circular 32/2023/TT-BCA, the duties of other police forces are as follows:
The duties of traffic police and the duties of other police forces
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2. The duties of other police forces
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c) In cases where there are no traffic police officers accompanying them, the communal police shall carry out patrols and controls according to the authorized plan and report the situation and results of the patrol, control, and handling of violations to the traffic police.
The communal police are only allowed to patrol, control, and handle violations on local roads and other roads within their jurisdiction. When they detect motorbike riders, scooter riders, electric bike riders, or riders of other non-motorized vehicles violating the law, such as not wearing helmets as required, carrying more passengers than allowed, carrying bulky cargo or exceeding the prescribed size limits, parking or stopping in unauthorized areas, speeding, weaving in and out of traffic, or not having left-side rearview mirrors, using umbrellas while riding, not being of the legal age to operate a vehicle, or detecting serious traffic violations that could pose a danger to society if not promptly prevented, they shall be handled according to the provisions of the law. In the process of resolving and handling cases of the aforementioned violations, if other violations are discovered, they shall be handled within their authority. If the penalties exceed their authority, an administrative violation report shall be drawn up, and a report shall be submitted to the competent authority for a decision on administrative penalties according to the provisions of the law.
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Therefore, when there are no traffic police officers accompanying them, the communal police are authorized to stop and penalize violators of traffic regulations who are operating motorbikes, scooters, electric bikes, or non-motorized vehicles for offenses such as:
- Not wearing helmets as required;
- Carrying more passengers than allowed;
- Carrying bulky cargo or exceeding the prescribed size limits, parking or stopping in unauthorized areas;
- Speeding, weaving in and out of traffic, or not having left-side rearview mirrors;
- Using umbrellas while riding;
- Not being of the legal age to operate a vehicle;
- Detecting serious traffic violations that could pose a danger to society if not promptly prevented.
Notes: The communal police are only allowed to patrol and handle traffic violations on local roads and other roads within their jurisdiction.
If the traffic violations exceed their authority to impose penalties, the communal police shall draw up an administrative violation report and submit it to the competent authority for a decision on administrative penalties according to the provisions of the law.
Are Vietnam's communal police authorized to stop vehicles for handling administrative violations when there are no traffic police officers accompanying them? (Image from the Internet)
What are the duties of Vietnam's traffic police in patrols, controls, and handling administrative violations regarding road traffic?
Pursuant to Clause 1 Article 33 of Circular 32/2023/TT-BCA, the duties of traffic police are specified as follows:
- Developing plans for patrols and controls of road traffic order and safety.
In cases where the Minister of Public Security decides to mobilize, the Traffic Police Department is responsible for developing the plan.
In cases where the Provincial Police Director decides to mobilize, the Traffic Police Division is responsible for developing the plan.
In cases where the District Police Chief decides to mobilize, the Traffic Police Team - Order under the District Police is responsible for developing the plan.
- Timeframe and content of the plan.
Within a period of 2 working days from receiving the mobilization decision, the traffic police units must develop the plan and submit it to the competent authority for approval in order to organize and implement the deployment.
The content of the plan must clearly state the forces and number to be mobilized, equipment, technical devices, weapons, supporting tools, time, routes, mobilization area, and specific tasks of the traffic police officers and other police officers involved in coordinating patrols and controls of road traffic order and safety.
- Directing, managing, inspecting, supervising, guiding, and organizing the implementation of patrols and controls of road traffic order and safety.
- Imposing administrative penalties within their authority.
When conducting patrols and controls, what is the equipment of Vietnam's traffic police forces?
Pursuant to Clause 1 Article 34 of Circular 32/2023/TT-BCA, the provisions regarding the equipment and conditions of guarantee for other police forces performing patrols and controls of road traffic order and safety are as follows:
Equipment and conditions of guarantee for other police forces performing patrols and controls of road traffic order and safety
1. Other police forces, when performing patrols and controls of road traffic order and safety, are equipped with: whistle, loudspeaker, traffic control baton, vehicles, technical equipment for professional tasks, weapons, and other supporting tools as regulated, as well as forms for handling violations.
The management and use of vehicles, technical equipment for professional tasks, weapons, supporting tools, and forms are carried out according to regulations. Vehicles, technical equipment for professional tasks, weapons, supporting tools, and forms are only provided for performing tasks; after completing the tasks, they must be handed over to the person responsible for direct management. The transfer of vehicles, technical equipment for professional tasks, weapons, supporting tools, and forms must be recorded in the logbook, signed for transfer, and managed according to regulations.
2. Other police forces participating in coordinating patrols and controls of road traffic order and safety are entitled to training and allowances as prescribed by law for the forces involved in ensuring road traffic order and safety.
Therefore, when performing patrols and controls, traffic police forces are equipped with:
- Whistle, loudspeaker;
- Traffic control baton, vehicles;
- Technical equipment for professional tasks, weapons, supporting tools as regulated, and forms for handling violations.
Note: Circular 32/2023/TT-BCA comes into force from September 15, 2023.
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