Are commune police allowed to fine traffic violations in Vietnam? If so, on which roads can Commune Police fine traffic violations in Vietnam?

Are commune police allowed to fine traffic violations in Vietnam?

Pursuant to Article 31 of Circular 32/2023/TT-BCA regulating requirements and principles for mobilizing other police forces, specifically as follows:

Requirements and principles for mobilizing other police forces

1. Comply with the provisions of the People's Public Security Law, Road Traffic Law, Decree No. 27/2010/ND-CP dated March 24, 2010 of the Government regulating the mobilization of Police forces and the Commune Police coordinate with the Road Traffic Police to participate in patrolling and controlling road traffic order and safety in case of necessity (hereinafter referred to as Decree No. 27/2010/ND- CP), this Circular and other relevant provisions of law.

2. Ensure the correct route, area, and time set out in the plan. The handling of administrative violations when patrolling, controlling order and road traffic safety must comply with the provisions of the law on handling administrative violations and the decree on sanctioning administrative violations in the field of traffic. Roads and relevant laws.

3. Mobilize other police forces to participate in patrolling, controlling order and traffic safety must comply with authority and tasks and only in necessary cases as prescribed in Decree No. 27/ 2010/ND-CP. Coordination must be based on the functions, tasks, and powers of mobilized forces according to the provisions of law, decisions of competent authorities and in accordance with the actual tasks.

In Article 4 of Decree 27/2010/ND-CP, there are provisions as follows:

In necessary cases, other police forces and Commune Police must be mobilized to coordinate with the Road Traffic Police to participate in patrolling and controlling road traffic order and safety.

1. During commemorative holidays; socio-political events; Major cultural and sports activities of the State and localities.

2. Peak periods ensure traffic order and safety under the direction of the Ministry of Public Security, the General Department of Police for administrative management of social order and safety or the Director of Police of a province or centrally run city.

3. When the situation of violating traffic order and safety, traffic accidents and traffic jams becomes complicated.

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

According to this Article, in cases where it is necessary to mobilize forces, the Commune Police will coordinate with the Road Traffic Police to participate in patrolling and controlling road traffic order and safety.

Coordination must be based on the functions, tasks, and powers of mobilized forces according to the provisions of law, decisions of competent authorities and in accordance with the actual tasks. Therefore, it is understandable that currently Commune Police can also be allowed to arrest vehicles if assigned tasks

Note: Mobilizing commune police to perform tasks must meet the conditions prescribed in Article 4 of Decree 27/2010/ND-CP

Are commune police allowed to fine traffic violations in Vietnam? If so, on which roads can Commune Police fine traffic violations in Vietnam? (Image from the Internet)

Can commune police fine traffic participants for not wearing helmets according to regulations in Vietnam?

According to Clause 2, Article 33, Circular 32/2023/TT-BCA stipulates duties of the Traffic Police and duties of other police forces as follows:

Duties of Traffic Police and tasks of other Police forces

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2. Duties of other police forces

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c) In case there is no accompanying Traffic Police force, the Commune Police shall patrol and control according to the plan issued by the competent authority and report on the situation and results of patrol activities to control and handle violations for the Traffic Police force.

Commune police are only allowed to patrol, control, and handle violations on commune roads and other roads under the commune's management. When detecting drivers of motorbikes, motorbikes, electric motorbikes, and rudimentary vehicles committing illegal acts such as: Not wearing a helmet as prescribed; carries more persons specified; Carrying bulky goods that exceed the prescribed size limit; stopping or parking vehicles improperly; speeding, swerving, swinging; there is no rearview mirror on the left side; use umbrellas (umbrellas); not being old enough to drive a vehicle according to regulations or detecting a vehicle that seriously violates order, traffic safety, security, and social order. If not stopped promptly, it will cause dangerous consequences for passengers. society, will be handled according to the provisions of law. During the process of resolving and handling cases of the above violations, if other violations are discovered, they will be handled according to their authority. If they exceed the sanctioning authority, an administrative violation record will be made and report to competent authorities to issue decisions on sanctioning administrative violations according to the provisions of law;

Orders to stop vehicles, control and handle violations shall comply with the provisions of Clause 2, Article 12, Article 17, Article 18, Article 20, Article 21, Article 22, Article 24, Article 25, Article 26, Article 27 of this Circular.

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Thus, according to the above regulations in Vietnam, the Commune Police can fine traffic participants who do not wear helmets.

Note: During the resolution process, if other violations are discovered, they will be handled according to authority. If they exceed the sanctioning authority, make a record of the administrative violation and report to the competent authority for decision in Vietnam. 

On which roads can commune police fine traffic violations in Vietnam?

Pursuant to Point c, Clause 2, Article 33, Circular 32/2023/TT-BCA stipulates that Commune Police are allowed to arrest vehicles on the following roads:

Duties of Traffic Police and tasks of other Police forces

...

2. Duties of other police forces

...

c) In case there is no accompanying Traffic Police force, the Commune Police shall patrol and control according to the plan issued by the competent authority and report on the situation and results of patrol activities. Control and handle violations for the Traffic Police force.

Commune police are only allowed to patrol, control, and handle violations on commune roads and other roads under the commune's management. When detecting drivers of motorbikes, motorbikes, electric motorbikes, and rudimentary vehicles committing illegal acts such as: Not wearing a helmet as prescribed; carries more persons specified; Carrying bulky goods that exceed the prescribed size limit; stopping or parking vehicles improperly; speeding, swerving, swinging; there is no rearview mirror on the left side; use umbrellas (umbrellas); not being old enough to drive a vehicle according to regulations or detecting a vehicle that seriously violates order, traffic safety, security, and social order. If not stopped promptly, it will cause dangerous consequences for passengers, will be handled according to the provisions of law. During the process of resolving and handling cases of the above violations, if other violations are discovered, they will be handled according to their authority. If they exceed the sanctioning authority, an administrative violation record will be made and report to competent authorities to issue decisions on sanctioning administrative violations according to the provisions of law;

From the above regulations in Vietnam, Commune Police are allowed to fine traffic violations on roads according to plans issued by competent authorities and report the situation and results of patrolling, controlling, and handling violations to the Police force. 

At the same time, the Commune Police are only allowed to patrol, control and handle violations on commune roads and other roads under the management of the commune.

Best regards!