What are the responsibilities of waterway police officers tasked with patrol and control in the maintenance of waterway transport infrastructure in Vietnam?
- What are the responsibilities of waterway police officers tasked with patrol and control in the maintenance of waterway transport infrastructure in Vietnam?
- What are the cases in which waterway police officers in Vietnam are allowed to stop vehicles?
- What are the procedures for conducting the waterway transport control in Vietnam?
What are the responsibilities of waterway police officers tasked with patrol and control in the maintenance of waterway transport infrastructure in Vietnam?
Pursuant to the provisions of Article 18 of Circular 36/2023/TT-BCA, waterway police officers tasked with patrol and control are responsible for coordinating 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?
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.
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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