What are the cases where Vietnam's Waterway Police stops vehicles for inspection? Which documents may be temporarily confiscated by Vietnam's Waterway Police?
What are the cases where Vietnam's Waterway Police stops vehicles for inspection?
Pursuant to the regulations in Article 8 of Circular 36/2023/TT-BCA, officers performing patrol and control duties according to the plan can stop vehicles for inspection in the following four cases:
- Directly detecting or using technical equipment to identify signs of law violations.
- Implementing the instructions, patrol and control plans, and work plans approved by the Chief of Waterway Police, Traffic Police Director, and District Police Chief.
- Having a written request from the Chief or Deputy Chief of the investigating agency, or relevant authorities, to control vehicles for the purpose of national security protection, social order, and safety.
- Receiving reports or accusations of law violations related to individuals and vehicles participating in traffic.
The vehicle inspection must meet the following requirements:
- Ensuring safety and compliance with legal regulations without obstructing traffic. Once the vehicle is stopped, the inspection and handling of violations (if any) must be carried out according to legal regulations.
- Choosing a control location with a wide, open view and no obstruction to ensure that stopping and inspection are conducted publicly and transparently.
- In the case of stopping and inspecting vehicles carrying flammable, explosive, hazardous, or other dangerous goods, in addition to meeting the requirements in points a and b of this clause, measures must be taken to ensure the safe guidance of vehicles away from residential areas or deserted areas before conducting the inspection.
Vehicle stopping signal:
- When stopping a vehicle for inspection, it should be based on the traffic density, flow situation, and characteristics of the route to ensure the safety and normal flow of other vehicles. The following signals should be used:
+ During the day, raise the "K-shaped flag" towards the vehicle to be inspected, wave it three times vertically from top to bottom, and simultaneously sound a long tone, a short tone, and a long tone.
+ At night, direct the signal lights towards the vehicle to be inspected, emit one long flash, one short flash, and one long flash, and simultaneously sound a long tone, a short tone, and a long tone.
+ In addition to the above signals, a loudspeaker can be used to instruct the vehicle to stop or slow down for inspection.
From September 16, 2023, what are the cases where Vietnam's Waterway Police stops vehicles for inspection? Which documents may be temporarily confiscated by Vietnam's Waterway Police? (Image from the Internet)
Which documents may be temporarily confiscated by Vietnam's Waterway Police?
Pursuant to the provisions in clause 1, Article 10 of Circular 36/2023/TT-BCA, in cases where violations are detected that are subject to administrative penalties without the need for a report, the authorized person to impose the penalty must issue an on-the-spot administrative penalty decision.
In cases where individuals or organizations committing the violation do not immediately comply with the administrative penalty decision, they have the right to temporarily confiscate the relevant documents in the order specified in point d, clause 2, Article 11 of Circular 36/2023/TT-BCA to ensure the enforcement of the penalty decision.
Pursuant to point d, clause 2, Article 11 of Circular 36/2023/TT-BCA, the waterway police can temporarily confiscate the following documents from traffic violators:
- Certificate of competence as a captain
- Vehicle driving license
- Vehicle registration certificate or valid confirmation from a credit institution in case of a pledged vehicle
- Certificate of technical safety and environmental protection of the vehicle
- Certificate of competence as an engineer
- Other documents related to exhibits, vehicles as prescribed by law to ensure the enforcement of the administrative penalty decision.
If the violator does not have the above-mentioned documents, the waterway police may temporarily confiscate the administrative violation vehicle to ensure the enforcement of the administrative penalty decision.
What are the regulations on orders to stop waterway vehicles by the Vietnam's Waterway Police under Circular 36/2023/TT-BCA?
Pursuant to the provisions in clause 3, Article 8 of Circular 36/2023/TT-BCA, the orders to stop waterway vehicles issued by the waterway police are regulated as follows:
When stopping a waterway vehicle for inspection, it must be based on the density of traffic, the situation, characteristics of the flow, and the traffic route to ensure the safety and normal circulation of other vehicles, and implemented as follows:
- During the day, the signal flag "Letter K flag" is directed towards the vehicle to be inspected, raised and lowered three times vertically, while sounding a long, short, long signal;
- During the night, the signal lights are directed towards the vehicle to be inspected, with one long flash, one short flash, one long flash, while sounding a long, short, long signal;
In addition to the above-mentioned signals, a loudspeaker can be used to guide the stopped or slowed down vehicles for inspection.
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