Do waterway traffic violators in Vietnam have the right to request the provision of information, images, and results on their violations?
- Do waterway traffic violators in Vietnam have the right to request the provision of information, images, and results on their violations?
- What are the signals for stopping waterway vehicles from waterway police officers in Vietnam according to Circular 36/2023/TT-BCA?
- What are the procedures for conducting the waterway transport control in Vietnam?
Do waterway traffic violators in Vietnam have the right to request the provision of information, images, and results on their violations?
Pursuant to the provisions at Point c, Clause 4, Article 9 of Circular 36/2023/TT-BCA as follows:
Conduct control
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4. Control through professional technical devices and equipment
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c) When controlling through professional technical devices and equipment, if information and images of illegal acts of people and vehicles participating in waterway traffic are detected or collected, the authority to impose penalties shall:
Organize forces to stop vehicles for control and handle violations according to the provisions of the law. In case the violator or representative of the violating organization requests the provision of information, images, and results on the violation, if the information, images, and results are available, they shall be provided to the violator or representative of the violating organization; if not available, instruct violators and representatives of violating organizations to view information, images, and results when coming to handle violations at the unit's headquarters;
In case it is impossible to stop violating vehicles for control and handling of violations, the provisions in Article 16 of this Circular shall comply.
Thus, based on the above regulations, when controlling through professional technical devices and equipment, if information and images of illegal acts of people and vehicles participating in waterway traffic are detected or collected, the authority to impose penalties shall organize forces to stop vehicles for control and handle violations according to the provisions of law.
In case the violator or representative of the violating organization requests the provision of information, images, and results on the violation, if the information, images, and results are available, they shall be provided to the violator or representative of the violating organization.
If not available, instruct violators and representatives of violating organizations to view information, images, and results when coming to handle violations at the unit's headquarters.
What are the signals for stopping waterway vehicles from waterway police officers in Vietnam according to Circular 36/2023/TT-BCA?
Pursuant to the provisions of Clause 3, Article 8 of Circular 36/2023/TT-BCA on the signals for stopping waterway vehicles from waterway police officers in Vietnam as follows:
- When stopping vehicles for control, they must base on the density of vehicles participating in traffic, the situation, characteristics of traffic flows, and traffic routes to ensure the safety and normal circulation of other vehicles and take the following actions:
+ During the day, direct the "K-flag" flag towards the vehicle to be controlled, wave three times vertically from above, and at the same time pronounce a long, a short, a long sound;
+ At night, point the beacon towards the vehicle to be controlled, broadcast a long flash, a short flash, a long flash, and at the same time pronounce a long sound, a short sound, or a long sound;
+ In addition to the above signal, it is possible to combine using a loudspeaker to guide the vehicle to stop or slow down for control.
What are the procedures for conducting the waterway transport control in Vietnam?
Pursuant to the provisions of Clause 1 Article 9 of Circular 36/2023/TT-BCA, the procedures for conducting the waterway transport control in Vietnam are as follows:
- After issuing the command to stop the vehicle, officers of the patrol and control team shall guide the vehicle to reach the shore, dock (if inspected at the station), or pair the side of the patrol and control vehicle.
In case the place where the vehicle is stopped has a deep draft, complicated terrain, narrow or scarce channel or the stopping of the vehicle is difficult, notify the vehicle operator to slow down and control the patrol vehicle, control the side pressure of the vehicle to be controlled;
- The team leader and members assigned to the vehicle, meet the owner or operator of the vehicle, depending on each specific case, the team leader or assigned member may perform the salute according to the People's Police Order or verbal greeting, introduce the rank, etc full name, position, working unit; notify the reasons and contents of the control and request to comply with the control; conduct regulatory control;
- Content and methods of control for vehicle:
+ Control documents of vehicles, seafarers, and people traveling on vehicles; control of goods carried on vehicles, papers of goods, and other relevant papers as prescribed (hereinafter referred to as papers). When controlling documents, they must compare with reality and determine the legality of documents;
+ Control technical safety conditions and environmental protection of vehicles: Control by observation and actual comparison with papers of vehicles or by technical equipment in order from inside to out, from top to bottom. When it is necessary to check on the database or request a professional agency for assessment;
+ Transport safety control: The sinking of the vehicle compared to the safe draft marker; type, volume, quantity, specifications, and dimensions of goods, objects, the actual number of people compared to the carrying capacity of vehicles and measures to ensure safety in transport activities;
+ Control other relevant contents in accordance with the provisions of law;
When controlling, a representative of the owner, seafarer, or operator of the vehicle must be present. In the absence of the above, the control must be accompanied by a representative of the local government where the control is located or at least one witness.
After the national databases and specialized databases have been connected to the electronic identification and authentication system, information on the validity and use value of the above-mentioned documents has been determined (detention, deprivation of the right to use, withdrawal, confiscation or loss), the control through checking and comparing information of such documents in the level 2 electronic identification account is as valid as direct inspection of paper documents.
- In case the vehicle operator presents the documents, they shall directly check and compare such documents.
In case the vehicle operator provides information on documents in the electronic identification account, he shall check and compare the information of such documents in the electronic identification account.
During control, if detecting eID accounts showing signs of counterfeiting or organizations or individuals committing violations in the case of having to detain, deprive, withdraw, or confiscate papers, they shall request organizations or individuals to present such papers for handling in accordance with law;
- In case of control for vehicles transporting flammables, explosives, hazardous substances, or other dangerous goods, safety measures must be taken to take the vehicle away from residential areas or unoccupied places for control; in case of necessity, it is necessary to request specialized agencies to participate in inspection activities.
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