What do you need to know when the traffic police in Vietnam (traffic police) ask to stop the vehicle for inspection? Can the vehicle be stopped when there are no signs of violation?
Control activities through technical means and equipment of traffic police in Vietnama?
Pursuant to the provisions of Article 19 of Circular 65/2020/TT-BCA (amended by Clause 1, Article 4 of Circular 15/2022/TT-BCA) regulations on control activities through means and equipment Traffic police's technical skills are as follows:
- Traffic police in Vietnam operate and use technical and professional vehicles and equipment in accordance with law to detect and record violations of the road traffic law by people and vehicles involved. road traffic, organize the control and handle violations according to the provisions of law. Drivers of vehicles participating in traffic are responsible for cooperating according to the traffic police's inspection and control requirements through vehicles and technical equipment.
- Recording results obtained by means of professional technical equipment are photographs, images, printed sheets, measurement indicators, data stored in the memory of professional technical means and equipment; may make statistics, make a list, print out a photo or a record of the violation and keep it in the file of the administrative violation case according to the provisions of law and the Ministry of Public Security on record work.
- When controlling through professional technical means and equipment, if detecting and collecting information and images on illegal acts of people or vehicles participating in road traffic, competent persons the right to sanction:
+ Organize forces to stop traffic vehicles to control and handle violations in accordance with law. In case the violator requests to see information, images and results collected about the violation, he/she shall show if information, images and results are available there; if not, guide violators to view information, images and results when coming to handle violations at the headquarters of the unit;
+ In case the violating vehicle cannot be stopped to control and handle administrative violations, the provisions of Article 19a of this Circular shall be complied with.
Thus, through professional technical means and equipment, if detecting, collecting information, errors of road traffic participants, the traffic police have the authority to sanction the organization to stop traffic vehicles for inspection. control and handling.
Handling in case traffic cannot be stopped to control and handle administrative violations?
Pursuant to the provisions of Clause 2, Article 4 of Circular 15/2022/TT-BCA on handling in case the vehicle cannot be stopped to control and handle administrative violations, accordingly:
- Within 10 working days from the date of detecting the violation, the person with sanctioning competence of the police agency where the administrative violation is detected shall:
+ Identify information about means of transport, vehicle owners, organizations and individuals involved in administrative violations through the vehicle registration agency and the National Population Database;
+ In case vehicle owners, organizations and individuals involved in administrative violations do not reside or are headquartered in the district-level area where the police office has detected an administrative violation, if the violation is determined If such administrative violation falls under the sanctioning competence of the head of the commune-level police station, the results collected by means of technical and professional equipment shall be transferred to the commune-level police station where the vehicle owner, organization or individual is involved. administrative violations reside or close their headquarters (under form No. 01/65/68) to settle and handle violations (when equipped with a connected network system sent by electronic means);
In case of administrative violations that are not within the sanctioning competence of the commune-level police chiefs or under the sanctioning competence of the commune-level police chiefs but the commune-level police are not equipped with a connected network system, the collected results shall be forwarded. by means of technical and professional equipment to the district-level police station where the vehicle owner, organization or individual involved in administrative violations resides and is headquartered (made according to form No. 01/65/68). to settle and handle violations;
+ Send a notice (made according to form No. 02/65/68) requesting vehicle owners, organizations and individuals involved in administrative violations to the headquarters of the police agency where the administrative violations are detected or to the headquarters of the police agency where the administrative violation is detected. Commune-level Public Security Departments, district-level police offices where they reside or are headquartered to settle administrative violations if traveling is difficult and cannot afford to go directly to the headquarters of the police agency where they are detected. administrative violations as prescribed in Clause 2, Article 15 of Decree No. 135/2021/ND-CP dated December 31, 2021 of the Government providing for the list, management and use of technical means and equipment operations and procedures for collecting and using data obtained from technical means and equipment provided by individuals or organizations to detect administrative violations (hereinafter referred to as Decree No. 135/2021/ ND-CP).
- When vehicle owners, organizations and individuals involved in administrative violations come to the police office to settle the violation case, the person competent to sanction administrative violations of the police agency where the violation is detected or the Head of the Commune-level Police Department or the Chief of the District-level Police Department shall settle and handle the case of violation as prescribed at Points c and d, Clause 1, Article 15 of Decree No. 135/2021/ND-CP.
- In case the case of violation is handled and handled by the commune-level police department or district-level police station, the results of settlement and handling of the case must be immediately reported to the police agency where the violation is detected. At the same time, update the status of solved and handle the case on the website of the Traffic Police in Vietnam Department and immediately send a notice of the end of warning traffic violations to the registry, remove The state that a warning notice has been sent to the registry on the administrative violation handling and management system (if there is already warning information from the police agency where the violation is detected, for the case specified at Point a. Clause 4 of this Article).
- Past the time limit of 20 days from the date of sending the violation notice, vehicle owners, organizations and individuals involved in administrative violations do not come to the headquarters of the police agency where the violation is detected to settle the case. or the police agency where the violation is detected has not yet received the notification of the results of the settlement and handling of the case from the commune-level police station, the district-level police office has received the results collected by means of professional technical equipment. case, the person competent to sanction administrative violations of the police agency where the violation is detected shall:
- Update information of the violating means of transport (vehicle type; number plate, number plate color; time and place of violation, violation act; violation detection unit; case settlement unit) , contact phone number) on the website of the Traffic Police in Vietetnam Department for vehicle owners, organizations and individuals involved in administrative violations to know and contact them for settlement according to regulations;
- Send a notice of warning of the violating vehicle to the registry office (for the violating means of transport are cars, trailers, semi-trailers, special-use motorbikes); at the same time, update the status of sending warning notices to the registry on the system of management and handling of administrative violations.
- The transmission of results collected by means and technical and professional equipment, notification of results of settlement of violations shall be done by electronic means.
Things to know when the traffic police in Vietnam (traffic police) ask to stop the vehicle for inspection? Can the vehicle be stopped when there are no signs of violation?
Are traffic police in Vietnam allowed to stop traffic even if there are no violations?
Pursuant to the provisions of Clause 2, Article 10 of Circular 65/2020/TT-BCA stipulating traffic control activities as follows:
- Content control:
+ Control documents related to people and vehicles, including: Driving license; Certificate of fostering knowledge of road traffic law, Diploma or Certificate of special-use motorcycle operator; Vehicle registration certificate; Certificate of inspection of technical safety and environmental protection for motor vehicles and special-use motorcycles (for vehicles subject to inspection regulations); Certificate of civil liability insurance of motor vehicle owners and other relevant papers as prescribed by law;
+ Controlling traffic conditions of vehicles
Execute control in sequence from front to back, from left to right, from outside to inside, from top to bottom;
Controlling the shape, exterior size, paint color, number plate of the front, rear and sides of the vehicle according to regulations;
Control technical safety and environmental protection conditions of road motor vehicles and special-use motorcycles;
+ Controlling the observance of the provisions of law on road transport activities.
Accordingly, the traffic police in Vietnam have the right to stop the vehicle to check the documents related to people and vehicles without the fault of the means of transport.
At the same time, Article 16 of Circular 65/2020/TT-BCA stipulates cases in which vehicles are allowed to stop for control in addition to detecting traffic violations, including:
- Implement orders and plans on general control of road vehicles, plans on patrol, control and handling of violations according to thematics approved by competent authorities;
- There is a written request of the head or deputy head of the investigating agency; A written request from the relevant functional agency on stopping the means of traffic for control in service of ensuring security and order, fighting against crime and other violations of the law. The written request must specify the time, route and means of traffic to stop for control, handling, and forces participating in coordination;
- Reporting, reporting, recommendations and denunciations of organizations and individuals about illegal acts of people and vehicles participating in road traffic.
Thus, the traffic police in Vietnam have the right to stop your vehicle for control without your vehicle having a traffic violation. You must stop the vehicle and comply with the requirements in accordance with the law when requested by the traffic police in Vietnam
LawNet
