If a Vietnam's construction site, port, or inland water port is found to be unsafe and the representative is absent, will an inspection report be made?
- If a Vietnam's construction site, port, or inland water port is found to be unsafe and the representative is absent, will an inspection report be made?
- Is Maritime Police of Vietnam allowed to temporarily retain the documents of traffic violators?
- What is the process of controlling waterway vehicles in Vietnam?
If a Vietnam's construction site, port, or inland water port is found to be unsafe and the representative is absent, will an inspection report be made?
Pursuant to the provisions of Article 3, Clause 9 of Circular 36/2023/TT-BCA, the control procedures are as follows:
Control procedures
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3. After the control, the patrol and control team shall inform the relevant parties about the control results, the violations committed, the administrative penalties (if any), and proceed to handle the violations or report to the authorized person for handling according to the law. In case no violation is found, they shall express gratitude for the cooperation. If a construction site, port, or inland water port is found to be unsafe and the representative of the site, port, or inland water port is absent, an inspection report shall be made in the presence of a representative of the local government at the commune level or at least one witness. The management unit of the construction site, port, or inland water port shall be notified and a working appointment shall be made as prescribed.
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Therefore, based on the above provisions, if a construction site, port, or inland water port is found to be unsafe and the representative is absent, an inspection report can be made with the presence of a representative of the local government at the commune level or at least one witness.
If a Vietnam's construction site, port, or inland water port is found to be unsafe and the representative is absent, will an inspection report be made? (Image from the Internet)
Is Maritime Police of Vietnam allowed to temporarily retain the documents of traffic violators?
Pursuant to the provisions of Article 1, Clause 10 of Circular 36/2023/TT-BCA, when a violation is detected that is subject to punishment without the need for a report, the authorized person to impose the administrative penalty must make an on-the-spot decision on the administrative violation.
In cases where individuals or organizations committing violations do not immediately comply with the decision on the administrative penalty, they have the right to temporarily retain relevant documents in the order specified in point d, Clause 2 of Article 11 of Circular 36/2023/TT-BCA to ensure compliance with the decision on the administrative penalty.
Pursuant to point d, Clause 2 of Article 11 of Circular 36/2023/TT-BCA, Maritime Police of Vietnam is allowed to temporarily retain the following documents of traffic violators:
- Certificate of competence of the boat captain
- Vehicle driving license
- Vehicle registration certificate or valid confirmation document from a credit institution for cases where the vehicle is used as collateral
- Certificate of technical safety and environmental protection of the vehicle
- Certificate of competence of the engineer
- Other relevant documents related to the seized objects or vehicles as stipulated by law to ensure compliance with the decision on the administrative penalty.
If the violator does not have the above-mentioned documents, the administrative violation vehicle may be temporarily retained to ensure compliance with the decision on the administrative penalty.
What is the process of controlling waterway vehicles in Vietnam?
Pursuant to the provisions of Article 1, Clause 10 of Circular 36/2023/TT-BCA, the process of controlling waterway vehicles is as follows:
- After giving a command to stop the vehicle, the patrol officer guides the vehicle to the shore, dock, or ties it to the patrol boat for inspection (if the inspection is carried out at a station). In cases where the place where the vehicle is stopped for inspection has deep water, complex terrain, narrow flow, drought, or difficulty in stopping the vehicle, the driver is instructed to reduce speed and the patrol officer boards the vehicle to conduct the inspection.
- The team leader and team members are assigned to approach the vehicle owner or driver, and depending on the specific case, the team leader or team member can greet according to the Regulations of the People's Police or greet verbally, introduce their rank, full name, position, and work unit; announce the reason, content of the inspection, and request compliance with the inspection; carry out the inspection as prescribed.
- Content and methods of inspection on the vehicle:
+ Inspection of vehicle documents, boat crew, and passengers; inspection of cargo on the vehicle, documents of the cargo, and other relevant documents as prescribed (hereinafter referred to as documents). When inspecting the documents, they must be cross-referenced with the actual situation and determine the legality of the documents.
+ Inspection of the technical safety and environmental protection conditions of the vehicle: Inspection through observation, cross-referencing with the vehicle's documents, or using technical equipment in the sequence from inside to outside, from top to bottom. When necessary, it may be necessary to check the database or request the participation of specialized appraisal agencies.
+ Inspection of transportation safety: The buoyancy of the vehicle compared to the safe water level; type, weight, quantity, specifications, dimensions of the cargo, objects, actual number of people compared to the vehicle's carrying capacity, and safety measures in transportation activities.
+ Inspection of other related contents as prescribed by law.
During the inspection, the representative of the vehicle owner or the boat crew, or the driver must be present. In case none of these individuals are present, there must be a representative of the local authorities or at least one witness.
After the national databases, specialized databases are connected to the electronic identification and authentication system, and the information on the validity status, use value of the above-mentioned documents (temporary retention, revocation of usage rights, retrieval, confiscation, loss) is determined, the inspection is carried out by checking and comparing the information of those documents in the electronic identification account at level 2, which is equivalent to directly checking the documents with the paper copy.
- In case the driver presents the documents, the inspection is carried out by directly checking and comparing those documents.
In case the driver provides information of the documents in the electronic identification account, the inspection is carried out by checking and comparing the information of those documents in the electronic identification account.
During the inspection process, if there are signs of forgery in the electronic identification account or if an organization or individual commits a violation that requires temporary retention, revocation, retrieval, or confiscation of documents, the organization or individual is required to present those documents for processing according to the provisions of the law.
- In case of inspecting vehicles transporting flammable substances, explosives, hazardous substances, or other dangerous goods, safety measures must be taken to move the vehicle away from residential areas or empty places for inspection; if necessary, request the participation of specialized agencies in the inspection activities.
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