Where can the Traffic Police set up checkpoints to control and handle traffic violations according to Circular 32/2023/TT-BCA?
Where are traffic police authorized to set up checkpoints for traffic control and violation handling according to Circular 32/2023/TT-BCA?
Pursuant to the provisions of Clause 2, Article 7 of Circular 32/2023/TT-BCA, traffic police are authorized to patrol, control, and handle violations to ensure order and road traffic safety within the designated road areas and locales assigned to them.
According to Article 10 of Circular 32/2023/TT-BCA, traffic police can conduct public patrols and controls as follows:
Mobile patrol and control:
Traffic police officers move along the assigned routes and areas using transportation means or on foot to conduct patrols and controls according to the plans issued by the competent authorities. They directly observe or use technical equipment to supervise, prevent, promptly detect, and handle administrative violations related to road traffic and other legal violations as stipulated.
Control at a fixed point on the road or at the Traffic Police Station:
- Traffic police set up forces at a fixed point on the roadway or at the Traffic Police Station according to the plans issued by the competent authorities to control, detect, and handle administrative violations related to road traffic and other legal violations as stipulated;
- At a fixed point on the roadway, the location should be chosen so that the road is wide, clear, with no obstructions to visibility, and compliant with road traffic law regulations;
- During patrol and control, traffic police use technical equipment (cameras) provided to record the control process. For nighttime patrols, sufficient lighting must be ensured.
Mobile patrol combined with control at a fixed point on the road, at the Traffic Police Station:
When conducting mobile patrols, control can be carried out at a fixed point on the road or at the Traffic Police Station, or vice versa, but it must be clearly stated in the patrol and control plan approved by the competent authorities.
The above patrol and control forms must comply with the plans approved by the competent authorities.
Thus, according to the stated regulations, traffic police can set up checkpoints to control and handle traffic violations at any road section approved by the competent authorities.
When setting up a traffic control checkpoint at a fixed point on the road or at the Traffic Police Station, traffic police must select locations that are wide, clear, with no obstructions to visibility, and compliant with road traffic law regulations.
Typically, traffic police set up checkpoints at road sections with frequent violations or traffic hotspots to promptly supervise, prevent, detect, and severely handle traffic violations.
Where are traffic police authorized to set up checkpoints for traffic control and violation handling according to Circular 32/2023/TT-BCA? (Image from the Internet)
Under what circumstances can traffic police stop vehicles for control?
According to the provisions of Clause 1, Article 16 of Circular 32/2023/TT-BCA, traffic police officers conducting patrols and controls according to plans are allowed to stop vehicles for control in the following four cases:
(1) Directly detecting or through technical equipment detecting and collecting evidence of legal violations related to road traffic and other legal violations;
(2) Executing orders or comprehensive traffic control plans to ensure road traffic order and safety, social order; and patrol, control, and special-topic violation handling plans to ensure road traffic order and safety, social order, issued by the competent authorities;
(3) Receiving a written request from the Head or Deputy Head of the investigative authority; written requests from relevant functional authorities to stop vehicles for control to facilitate tasks ensuring security, order; preventing crimes; disaster prevention, fire prevention; disease control; rescue work; and other legal violations. The written request must specify the time, route, vehicles to be controlled, and involved coordinating forces;
(4) Receiving reports, reflections, recommendations, and accusations from organizations or individuals about legal violations by people and vehicles participating in road traffic.
Which types of documents can traffic police temporarily hold?
According to the provisions of Point d, Clause 2, Article 21 of Circular 32/2023/TT-BCA on applying preventive measures against administrative violations and ensuring the handling of such violations as follows:
Applying preventive measures against administrative violations and ensuring the handling of administrative violations
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d) In cases where only fines are imposed, traffic police officers may temporarily hold one of the following types of documents in order (unless these documents show signs of being counterfeit and require verification to clarify the violation, in which additional related documents may be held): Driver's license, Certificate of completion of traffic law training, or Vehicle registration document or notarized copy of the vehicle registration document accompanied by the original receipt from the credit institution still in effect (during the period the credit institution holds the original vehicle registration document) or the Certificate of technical safety and environmental protection inspection, Validity certificate of the inspection certificate and Inspection tag (for types of vehicles that require inspection) or other necessary documents related to the evidence, means to ensure the enforcement of the penalty decision;
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As such, according to the above-stated provisions, in cases where only fines are imposed, traffic police are entitled to hold relevant documents to ensure the enforcement of the penalty decision.
Traffic police may temporarily hold one of the following documents in the following order:
+ Driver's license
+ Certificate of completion of traffic law training or vehicle registration document or notarized copy of the vehicle registration document accompanied by the original receipt from the credit institution still in effect (during the period the credit institution holds the original vehicle registration document) or the Certificate of technical safety and environmental protection inspection,
+ Validity certificate of the inspection certificate and Inspection tag (for vehicles that require inspection) or other necessary documents related to the evidence, means.
*Note: If the above-stated documents show signs of being counterfeit and require verification to clarify the violation, additional related documents may be held.
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