Vietnam: What are the responsibilities of waterway police forces tasked with patrolling controlling and receiving results from vehicle control?
- What are the responsibilities of waterway police forces tasked with patrolling controlling and receiving results from vehicle control?
- What are the cases in which waterway police officers in Vietnam are allowed to stop vehicles for control?
- What are the procedures for handling administrative violations against the regulations on waterways at the workplace by waterway police officers in Vietnam?
What are the responsibilities of waterway police forces tasked with patrolling controlling and receiving results from vehicle control?
Pursuant to the provisions of Clause 1 Article 18 of Circular 36/2023/TT-BCA, waterway police forces tasked with patrolling and controlling under routes and areas in charge of receiving results obtained from technical devices and equipment provided by the organization assigned to manage or exploit or maintain waterway transport infrastructure shall be responsible as follows:
Coordinate with organizations assigned to manage, exploit, and maintain the waterway transport infrastructure in performing the following tasks:
- Coordinate in exploiting and using traffic management and administration data of organizations assigned to manage, exploit, and maintain waterway transport infrastructure to serve the work of ensuring traffic order and safety and fighting against crimes operating on traffic routes in accordance with law;
- Receive results obtained from technical devices and equipment specified in Article 22 of Decree 135/2021/ND-CP to use as a basis for determining administrative violations and handling administrative violations in accordance with law. After receiving the results, perform:
In case the violating vehicle is operating on the route or area in charge, the head of the traffic patrol and control unit shall have the authority to organize forces to stop the violating vehicle, control and handle the violation in accordance with law;
In case the violating vehicle has moved to another route or area, the head of the patrol and control unit shall have the authority to verify information about the violating vehicle, and the vehicle owner, send a notice of violation and handle the violation according to the provisions of Article 16 of Circular 36/2023/TT-BCA.
What are the cases in which waterway police officers in Vietnam are allowed to stop vehicles for control?
Pursuant to the provisions of Article 8 of Circular 36/2023/TT-BCA, waterway police officers on patrol and control tasks under the plan may stop vehicles for control in the following 04 cases:
- Directly detect or through professional technical devices and equipment detect and record signs of law violations;
- Carry out the directions, patrol and control plans, and working plans approved by Captains of Squadrons; the Head of the Traffic Police Department; and district-level police chiefs;
- Have a written request to stop the vehicle of the Heads and Deputy Heads of Investigation Agencies at all levels and relevant functional agencies for control in service of protecting national security and ensuring social order and safety;
- Receive reports and denunciations of violations of laws related to persons and vehicles participating in traffic.
When stopping vehicles for control, waterway police officers in Vietnam must meet the following requirements:
- Be safe, in accordance with the provisions of law, and do not obstruct traffic activities. When the vehicle has been stopped, waterway police officers must control and handle violations (if any) in accordance with the provisions of the law;
- Selection of control locations requires a deep, wide, airy stream range that is not obscured from view, ensuring the stopping of vehicles, open and transparent control;
- In case of control for vehicles transporting flammables, explosives, hazardous substances, or other dangerous goods, in addition to satisfying the requirements at Points a and b of this Clause, safety measures must be taken to take the vehicle away from residential areas or unoccupied places for control.
What are the procedures for handling administrative violations against the regulations on waterways at the workplace by waterway police officers in Vietnam?
Pursuant to the provisions of Article 14 of Circular 36/2023/TT-BCA on the handling of administrative violations against the regulations on waterways at the workplace as follows:
(1) Police units and localities competent to handle administrative violations must arrange departments for handling administrative violations.
‘(2) Location of handling of administrative violations
- Arrange a convenient location with a suitable area and seats for people to contact to handle administrative violations;
- Post the diagram of the workplace indication, the schedule of receiving people, the title sign of the official in charge of handling, the phone number, rules on receiving people, the comment box, and the contents of a number of legal documents related to the handling of administrative violations.
(3) Responsibilities of officers handling administrative violations
- Be present 15 minutes before working hours, fully prepare office facilities, forms, and equipment to serve the handling of administrative violations; guide persons to handle administrative violations in the correct order;
- Take a record of administrative violations in violation violations are detected through the use of professional technical devices and equipment, but the vehicles have not been immediately stopped for handling;
- Receive data (information, images) reflecting administrative violations of order and safety on waterway traffic (hereinafter referred to as information and images) provided by individuals or organizations or posted on mass media and social networks;
- Receive administrative violation dossiers;
- Advise and propose the handling of administrative violations.
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