What are cases where traffic police officers may stop vehicles on highways in Vietnam? When will Circular 32/2023/TT-BCA come into force?
What are cases where traffic police officers may stop vehicles on highways in Vietnam? What are the requirements?
Pursuant to Article 16 of Circular 32/2023/TT-BCA, traffic police officers perform patrol and control duties according to the plan by stopping vehicles for inspection in the following four cases:
- Directly detecting or through technical equipment, collecting evidence of violations of road traffic laws and other laws.
- Implementing orders and plans for vehicle control to ensure order, road traffic safety, social order; implementing patrol, control, and handling of violations according to authorized specialized topics.
- With a written request from the chief or deputy chief of the investigative agency; a written request from relevant authorities to stop vehicles for control to serve the work of ensuring security, order; combating crime; preventing and responding to disasters, fires, diseases; rescue operations; and other law violations.
- Based on reports, feedback, suggestions, or accusations from organizations or individuals regarding violations of laws by people and vehicles participating in road traffic.
Therefore, for the case of stopping vehicles on highways, the following requirements must be ensured according to point 4 of Article 16 of Circular 32/2023/TT-BCA:
- Safety, compliance with legal regulations, and no obstruction to traffic activities.
- When the vehicle is stopped, the inspection and handling of violations (if any) must be carried out according to regulations.
- Set up barriers using cone-shaped poles or stretched ropes along the road direction in the road section, lane close to the road shoulder, or sidewalk to create a safe and orderly traffic area.
The length of the barrier section should be determined based on the actual situation and the characteristics of the traffic route to ensure safety.
- The area for ensuring order and traffic safety must comply with legal regulations and have enough space to arrange and install specialized technical equipment for inspection and handling of violations. Based on the actual situation at the control area and the specialized control topic, traffic police officers can be assigned to guide and regulate traffic to ensure safety.
- When conducting control at a specific location, vehicles can only be stopped for inspection and handling of violations in the following positions: Toll booths, starting points, and end points of highways.
- During patrols and mobile inspections, vehicles can only be stopped in emergency stopping lanes for inspection and handling of violations in the following cases:
+ Detecting serious violations of traffic order and safety that pose an immediate threat to traffic safety.
+ Coordinating in combating crime.
+ Disaster prevention, fire prevention; rescue operations.
+ Receiving reports, accusations, or feedback regarding violations of laws by people and vehicles traveling on the highway.
+ Discovering vehicles that have stopped or parked incorrectly on the highway.
After resolving the incident, the cones, ropes, and signs must be cleared and moved immediately.
- Set up sign No. 245a "Slow down" or sign No. 245b (for international routes) in front of the Traffic Police Team in the direction of the vehicles that need to be controlled according to the road signaling regulations of the law.
What are cases where traffic police officers may stop vehicles on highways in Vietnam? When will Circular 32/2023/TT-BCA come into force? (Image from the Internet)
Vietnam: If there is no traffic violation, can traffic police officers stop vehicles for inspection?
Pursuant to the regulations in Article 16 of Circular 32/2023/TT-BCA, it states the following:
Stopping vehicles for inspection
1. Traffic police officers perform patrol and control duties according to the plan by stopping vehicles for inspection in the following cases:
a) Directly detecting or through technical equipment, collecting evidence of violations of road traffic laws and other laws.
b) Implementing orders and plans for vehicle control to ensure order, road traffic safety, social order; implementing patrol, control, and handling of violations according to authorized specialized topics.
c) With a written request from the chief or deputy chief of the investigative agency; a written request from relevant authorities to stop vehicles for control to serve the work of ensuring security, order; combating crime; preventing and responding to disasters, fires, diseases; rescue operations; and other law violations. The request must specify the time, route, vehicles to be stopped for inspection and handling, and the coordinating forces.
d) Based on reports, feedback, suggestions, or accusations from organizations or individuals regarding violations of laws by people and vehicles participating in road traffic.
...
Therefore, according to the above regulations, from September 15, 2023, traffic police officers will still be allowed to stop vehicles for inspection in cases where there is no traffic violation in the following situations:
- Implementing orders and plans for vehicle control to ensure order, road traffic safety, social order; implementing patrol, control, and handling of violations according to authorized specialized topics.
- With a written request from the chief or deputy chief of the investigative agency; a written request from relevant authorities to stop vehicles for control to serve the work of ensuring security, order; combating crime; preventing and responding to disasters, fires, diseases; rescue operations; and other law violations. The request must specify the time, route, vehicles to be stopped for inspection and handling, and the coordinating forces.
Vietnam: When will Circular 32/2023/TT-BCA come into force?
Pursuant to the regulations in Article 1, Clause 35 of Circular 32/2023/TT-BCA, it states the following:
Effect
1. This Circular shall come into effect from September 15, 2023.
Therefore, according to the above regulations, Circular 32/2023/TT-BCA comes into force from September 15, 2023.
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