Permitted to Use Integrated Documents on the VNeID Application to Replace Paper Documents When Requested by Waterway Police, Correct?
Can integrated documents on the VNeID application replace physical documents when required by the waterway police?
Pursuant to the provisions at point c, clause 1, Article 9 Circular 36/2023/TT-BCA, the regulation is as follows:
Conducting control
1. Control of waterway vehicles:
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c) Content and method of control on the vehicle:
Control of vehicle documents, crew members, passengers onboard; control of transported goods, goods documents, and other related documents as stipulated (hereinafter referred to as documents). When controlling documents, they must be compared with reality to determine their legality;
Control of technical safety and environmental protection conditions of the vehicle: By observation, comparing reality with vehicle documents or by technical equipment, in an orderly manner from inside to outside, from top to bottom. When necessary, checking should be based on databases or requesting specialized agencies for assessment;
Control of transport safety: The vehicle draught compared to the safe water line mark; type, weight, quantity, specifications, dimensions of goods, number of people in reality compared to the vehicle's capacity, and safety measures in transport activities;
Control other related contents according to the provisions of law;
When controlling, the representative of the vehicle owner, crew member, or vehicle operator must be present. In case they are not present, the inspection must have a representative of the local authority or at least one witness.
Once national databases, specialized databases have connected with the identification and electronic authentication system, determining the validity, usability status of the mentioned documents (i.e., seized, revoked, confiscated, lost), the inspection by checking and comparing the information of these documents in electronic identification accounts level 2 is equivalent to direct inspection of physical documents.
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Thus, based on the stated regulations, from September 16, 2023, citizens are allowed to use integrated documents on the VNeID application to replace physical documents when the waterway police require documents. Checking the information of documents in the level 2 electronic identification account is equivalent to directly inspecting physical documents.
Using integrated documents on the VNeID application to replace physical documents when required by waterway police? (Image from the internet)
What are the requirements for officers performing patrol, inspection, and handling administrative violations on waterways?
According to regulations in Article 3 Circular 36/2023/TT-BCA, officers performing patrol, inspection, and handling administrative violations on waterways must meet the following requirements:
- Comply with the law on inland waterway transport, maritime navigation (hereinafter referred to as waterways); the law on handling administrative violations, this Circular, and other related legal provisions.- Perform duties according to legal allocations, patrol, and control plans approved by competent authorities; ensure democracy in maintaining traffic order, safety, and Police Conduct Regulations.- Maintain proper manners and appropriate behavior when interacting with citizens and those committing legal violations.- Detect, prevent, and promptly handle violations of waterway traffic laws and other related legal violations according to allocated authority, procedures, and protocolos.- Ensure compliance with other requirements and regulations of the Ministry of Public Security.
Under what circumstances can waterway police stop vehicles?
Based on the provisions of Article 8 Circular 36/2023/TT-BCA, the waterway police, when performing patrol and inspection duties according to the plan, are permitted to stop vehicles for control in the following 04 cases:
- Directly detect or through professional equipment detect and record signs of legal violations;- Implement directives, patrol and control plans, work plans approved by the Captain of the Waterway Unit; Head of Traffic Police Department; Head of district-level Police Department;- Have official documents requesting to stop vehicles from the Head or Deputy Head of Investigation Agencies, relevant authorities to control for the purpose of ensuring national security, public order, and safety;- Reception of reports or accusations of legal violations related to persons and vehicles participating in traffic.
When stopping vehicles to control, the waterway police must ensure the following requirements:
- Safety, compliance with the law, without obstructing traffic activities. Stopping the vehicle must be followed by control and handling of violations (if any) according to legal provisions;- Select inspection points with deep, wide, clear channels, unobstructed views; ensure transparent, public stopping and control;- In case of stopping and controlling vehicles transporting flammable, explosive, toxic substances, or otherdangerous goods, in addition to meeting the requirements at points a and b of this clause, there must be safety measures to guide the vehicle away from residential areas or populated places before stopping for control.
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