What types of documents may be temporarily seized by traffic police when handling road traffic violations in Vietnam?
What types of documents may be temporarily seized by traffic police when handling road traffic violations in Vietnam?
Based on the provisions of Clause 2, Article 21 of Circular 32/2023/TT-BCA, it is stipulated as follows:
Applying Measures to Prevent Administrative Violations and Ensure the Handling of Administrative Violations
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2. Temporary seizure of exhibits, means of administrative violations, licenses, and professional practice certificates
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d) In cases where only a monetary fine is applied, the traffic police officer shall temporarily seize one of the following documents in order (unless the documents show signs of being falsified, requiring verification to clarify the violation, then additional related documents may be held): Driver’s License, Certificate of Supplementary Legal Knowledge on Road Traffic or Vehicle Registration Certificate or a certified copy of the Vehicle Registration Certificate accompanied by the original receipt of the credit institution still in effect (during the time the credit institution holds the original Vehicle Registration Certificate) or Certificate of Technical Safety and Environmental Protection Inspection, Inspection Certificate validity confirmation and Inspection Stamp (for types of vehicles required to be inspected) or other necessary documents related to the exhibits, means as prescribed by law to ensure the execution of the penalty decision;
dd) In cases where the vehicle is temporarily handed over to ensure the execution of the penalty decision to the violator for management and preservation, it shall be performed according to the provisions of the Government of Vietnam regarding the management and preservation of exhibits, means of administrative violations being temporarily held under administrative procedures;
According to the above provisions, in cases where only a monetary fine is applied, the traffic police are authorized to retain related documents to ensure the payment of the fine.
The order of retaining the public’s documents is as follows:
- Driver license;
- Certificate of Supplementary Legal Knowledge on Road Traffic or Vehicle Registration Certificate or a certified copy of the Vehicle Registration Certificate accompanied by the original receipt of the credit institution still in effect (during the time the credit institution holds the original Vehicle Registration Certificate) or Certificate of Technical Safety and Environmental Protection Inspection;
- Inspection Certificate validity confirmation and Inspection Stamp (for types of vehicles required to be inspected) or other necessary documents related to the exhibits, means as prescribed by law.
If the above documents show signs of being falsified, requiring verification to clarify the violation, the traffic police are authorized to hold additional related documents.
What types of documents may be temporarily seized by traffic police when handling road traffic violations in Vietnam?
When shall traffic police use sirens and priority signal lights during patrol and control in Vietnam?
Based on the provisions of point đ, clause 2, Article 13 of Circular 32/2023/TT-BCA, it is stipulated as follows:
Uniforms, Equipment, Transportation Means, Technical Equipment and Weapons, Support Tools of Traffic Police When Patrolling and Controlling
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2. Transportation means, including: Patrol and control cars, motorcycles; special-use vehicles
a) Patrol and control cars, motorcycles (white color); special-use vehicles: Have bilingual (Vietnamese and English) Traffic Police lettering, equipped with police lights, flags, and priority signal horns as prescribed by law;
b) Patrol and control cars: Both sides of the vehicle have blue reflective stripes with “CẢNH SÁT GIAO THÔNG” lettering in white (reflective material), letter size 10cm x 10cm, stroke width 03cm, balanced on both sides of the vehicle; both front doors have “TRAFFIC POLICE” lettering in blue (reflective material), maximum size two-thirds of “CẢNH SÁT GIAO THÔNG” letters, and the Traffic Police insignia between “TRAFFIC” and “POLICE”. Depending on the vehicle type, the letters' spacing and font size may be adjusted for balance and appropriateness;
c) Patrol and control motorcycles: Both sides of the fuel tank or both sides of the vehicle body or both sides of the storage box have “C.S.G.T” lettering above and “TRAFFIC POLICE” lettering below in blue (reflective material); the size of “TRAFFIC POLICE” is maximally two-thirds of “C.S.G.T”. Depending on the vehicle type, the font size and spacing between letters may be adjusted for balance and appropriateness;
d) Special-use vehicles: Both sides of the body or vehicle sides have “CẢNH SÁT GIAO THÔNG” lettering in reflective material, letter size 10cm x 10cm, stroke width 03cm; both front doors have “TRAFFIC POLICE” lettering in reflective material, maximum size two-thirds of “CẢNH SÁT GIAO THÔNG” letters, and the Traffic Police insignia between “TRAFFIC” and “POLICE”. Depending on the vehicle type, the vehicle paint color may affect the spacing between letters, words, and the text color (white or blue) for balance and appropriateness;
dd) Priority signal horns are used according to legal regulations. Priority signal lights are used continuously in the following cases: Mobile patrol and control; control at a fixed point at night, evening, or daytime in foggy weather or bad weather that limits visibility.
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Thus, according to the above regulations, from September 15, 2023, when patrolling and controlling, traffic police are authorized to use priority signal horns and lights in the following cases:
- Priority signal horns are used according to legal regulations.
- Priority signal lights are used continuously in the following cases: Mobile patrol and control; control at a fixed point at night, evening, or daytime in foggy weather or bad weather that limits visibility.
What are the duties of traffic police in patrolling and controlling in Vietnam?
Based on the provisions of Article 7 of Circular 32/2023/TT-BCA, traffic police when patrolling and controlling have the following duties:
- Comply with legal regulations and the orders, plans for patrol, control, and handling of violations issued by competent authorities.
- Patrol, control, and handle violations to ensure road traffic order and safety within the assigned road routes and areas.
- Promptly detect, prevent and handle violations of road traffic laws and other legal violations; cooperate with road management agencies to detect and prevent violations of road work protection regulations and road safety corridors.
- Investigate and resolve traffic accidents in accordance with legal provisions and the Ministry of Public Security.
- Directly and cooperatively with internal and external units of the People's Police force to combat crime and other legal violations on road traffic routes. Involve in anti-terrorism, anti-riot activities; epidemic, disaster, fire prevention, and rescue on road traffic routes per regulations.
- Through patrol, control, and violation handling, perform the following tasks:
+ Detect deficiencies and shortcomings in state management of security, order, and road traffic to report and propose competent authorities to recommend functional agencies promptly rectify;
+ Guide, educate, and mobilize the public to ensure road traffic order and safety and comply with road traffic laws.
- Perform other duties of the People's Police force as prescribed by law.
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