Promulgation of Circular 72/2024/TT-BCA regulating the process of investigation and resolution of road traffic accidents by Traffic Police of Vietnam
Circular 72/2024/TT-BCA regulating the process of investigation and resolution of road traffic accidents by Traffic Police of Vietnam
On November 13, 2024, the Minister of Public Security of Vietnam issued Circular 72/2024/TT-BCA stipulating the organization for receiving, processing reports, and initial resolution of road traffic accidents; contents, measures for investigation, verification, resolution of road traffic accidents, and statistics of road traffic accidents by Traffic Police.
For road traffic accidents with criminal indications, the investigation and resolution shall be conducted in accordance with the Criminal Law and the Criminal Procedure Law. For road traffic accidents not yet determined to have criminal indications, the contents, measures for investigation, verification, resolution shall be carried out in accordance with Circular 72/2024/TT-BCA and other relevant laws.
Circular 72/2024/TT-BCA shall take effect from January 1, 2025, and replace Circular 63/2020/TT-BCA.
Promulgation of Circular 72/2024/TT-BCA regulating the process of investigation and resolution of road traffic accidents by Traffic Police of Vietnam (Image from the Internet)
Standards for Traffic Police officers in Vietnam performing tasks of investigation, verification, and resolution of road traffic accidents
Based on Article 3 of Circular 72/2024/TT-BCA stipulating the standards for Traffic Police officers performing tasks of investigation, verification, and resolution of road traffic accidents, and assigning officers for investigation, verification, and resolution of road traffic accident cases:
Article 3. Standards for Traffic Police officers performing tasks of investigation, verification, and resolution of road traffic accidents, and assigning officers for investigation, verification, and resolution of road traffic accident cases
- Standards for Traffic Police officers performing tasks of investigation, verification, and resolution of road traffic accidents
a) Must have a university degree in Security, Police, or a bachelor's degree in law or higher. In case of graduation from other universities outside the Police sector, must have undergone training and professional development in Security, Police as prescribed;
b) Must have been working in the Traffic Police force for at least 06 months;
c) Must be recognized as having completed training and professional development in the investigation and resolution of road traffic accidents;
d) Traffic Police officers meeting the standards stipulated in points a, b, and c of this Clause are principal officers;
dd) Traffic Police officers not meeting the standards stipulated in point a of this Clause but meeting the standards stipulated in points b, c of this Clause are support officers.
- Assigning officers for investigation, verification, and resolution of road traffic accident cases
a) When assigning principal processing officers for investigation, verification, and resolution of road traffic accident cases, there must be at least 01 principal officer. The principal officer is responsible for the overall, while the support officer (if any) is responsible for the tasks assigned;
b) Officers assigned to handle investigation, verification, and resolution of road traffic accident cases must comply with the provisions in Article 83 of the Law on Road Traffic Order and Safety 2024, this Circular, and other relevant legal provisions concerning the activities of investigation, verification, and resolution of road traffic accidents.
Thus, Traffic Police officers performing tasks of investigation, verification, and resolution of road traffic accidents have the following standards:
[1] Must have a university degree in Security, Police, or a bachelor's degree in law or higher.
In case of graduation from other universities outside the Police sector, must have undergone training and professional development in Security, Police as prescribed
[2] Must have been working in the Traffic Police force for at least 06 months
[3] Must be recognized as having completed training and professional development in the investigation and resolution of road traffic accidents
Note:
- Traffic Police officers meeting the above standards are principal officers
- Traffic Police officers not meeting standard [1] but meeting standards [2] and [3] are support officers.
Which Traffic Police agencies and units in Vietnam are responsible for receiving reports about road traffic accidents?
Based on Article 4 of Circular 72/2024/TT-BCA stipulating the organization for receiving reports about road traffic accidents:
Article 4. Organization for receiving reports about road traffic accidents
- The agencies and units of the Traffic Police responsible for receiving reports about road traffic accidents include:
a) Traffic Police Department; the highway traffic police teams under the Road Traffic Patrol and Control Division of the Traffic Police Department with independent headquarters;
b) Traffic Police Department of provincial-level Public Security, centrally governed cities (hereinafter collectively referred to as Provincial Public Security Traffic Police Department); Traffic Police Team, Traffic Police Station under the Provincial Public Security Traffic Police Department with independent headquarters;
c) Traffic Police Team, order of district-level Public Security, district-level towns, cities under provinces, cities under centrally governed cities (hereinafter collectively referred to as district-level Public Security Traffic Police Team).
- The agencies and units stipulated in Clause 1 of this Article must arrange on-duty staff to receive reports on road traffic accidents. The location for receiving reports on road traffic accidents must be conveniently located, have the name of the agency, phone numbers, and have officers on duty 24/24 hours and be widely announced for public awareness.
[...]
Thus, the agencies and units of the Traffic Police responsible for receiving reports about road traffic accidents include:
- Traffic Police Department
- Highway traffic police teams under the Road Traffic Patrol and Control Division of the Traffic Police Department with independent headquarters
- Traffic Police Department of provincial-level Public Security, centrally governed cities
- Traffic Police Team, Traffic Police Station under the Provincial Public Security Traffic Police Department with independent headquarters
- Traffic Police Team, order of district-level Public Security, district-level towns, cities under provinces, cities under centrally governed cities
