Are the commune police allowed to stop the vehicle for administrative inspection in Vietnam?

Hello, Lawnet would like to answer the following:

1. Duties of commune police force in Vietnam

According to the provisions of Clause 2, Article 9 of Decree 27/2010/ND-CP, the duties of the commune police are as follows:

- Carry out patrol and control under the direction and administration of the Road Traffic Police and according to the plan approved by the competent authority;

- Sanction administrative violations according to their competence when patrolling and controlling road traffic order and safety without the road traffic police accompanying them;

- Statistics and reports on cases and violations of the law, road traffic accidents; results of patrol, control of road traffic order, and safety as assigned in the approved plan.

Thus, the commune police can sanction road traffic violations according to their competence when patrolling, controlling traffic order and safety, even in the absence of traffic police.

2. Cases where the commune police can coordinate traffic patrols in Vietnam

Commune police in Vietnam are allowed to sanction traffic violations according to the mobilization of competent persons in a number of necessary cases, specifically:

Cases specified in Article 4 of Decree 27/2010/ND-CP:

- During the anniversaries; socio-political events; major cultural and sports activities of the State and localities.

- Peak periods to ensure traffic order and safety under the direction of the Ministry of Public Security and the General Department of Police for administrative management of social order and safety or of the Director of Public Security of the province or city directly under the Central Government.

- When the situation of violations of traffic order and safety, traffic accidents, and traffic jams has complicated developments.

- Other cases where road traffic order and safety adversely affect political security, social order, and safety.

In case the competent person mobilizes the communal police force to coordinate with the road traffic police to patrol and control road traffic order and safety,

– Minister of Public Security: authority to mobilize nationwide

– Director of the General Department of Police for administrative management of social order and safety: authority to mobilize nationwide

- Directors of Public Security of provinces and centrally-run cities: competence to mobilize within two or more districts, towns, provincial cities.

- Chiefs of police of districts, towns, and provincial cities: competence to mobilize within the locality they are in charge of.

3. Are the commune police allowed to stop the vehicle for administrative inspection in Vietnam?

According to the provisions of Clause 4, Article 7 of Decree 27/2010/ND-CP, the Commune Police Force is only allowed to patrol and control inter-commune and inter-village roads within the area under their management and handle acts of illegality. Violations of the following traffic order and safety:

- Operating motorcycles or mopeds without helmets, carrying more than the prescribed number of people, carrying bulky goods

- Parking the vehicles on the wrong side of the road

- Driving a vehicle that accelerates, swerves, swings, removes the exhaust pipe, does not have a rear-view mirror, or is under the age to operate a vehicle as prescribed by law.

- Acts of violating the road traffic safety corridor, such as market meetings under the roadway, encroaching on the traffic safety corridor.

Thus, the commune police are allowed to stop motorbike drivers when there are traffic violations on inter-commune and inter-village roads in their management areas to handle. However, the Commune Police are not allowed to stop and control vehicles on national highways and provincial roads.

Key word: police force | in Vietnam | traffic patrols | commune police force | administrative inspection |

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