Can the police in Vietnam stop a vehicle for inspection if there is no traffic violation? - Mr. Tan (HCMC).
Pursuant to Article 16 of the Circular 32/2023/TT-BCA stipulating as follows:
Stop vehicles for inspection
1. Police officers carrying out patrol and control tasks under the plan are allowed to stop vehicles for inspection in the following cases:
a) Directly detect or through technical equipment to detect and collect violations of the law on road traffic and other violations of the law;
b) Implementing orders, plans for general inspection of vehicles to ensure traffic safety, public order; patrol plans, inspection, handling of violations according to the topic to ensure traffic safety, public order, social order promulgated by competent authorities;
c) There is a written request from the Head, Deputy Head of the Investigative Agency; written request from relevant agencies about stopping vehicles for inspection to serve the work of ensuring security, order; combating crime; disaster prevention, fire protection; disease prevention; rescue and other violations of the law. The written request must specify the time, route, vehicle to be stopped for inspection, handling, and participating forces;
d) There are reports, reflections, suggestions, and complaints from organizations and individuals about violations of the law by people and vehicles participating in road traffic.
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As regulations above, from 15/09/2023, the police in Vietnam shall stop vehicles for inspection in the following 4 cases:
- Directly detect or through technical equipment to detect and collect violations of the law on road traffic and other violations of the law;
- Implementing orders, plans for general inspection of vehicles to ensure traffic safety, public order; patrol plans, inspection, handling of violations according to the topic to ensure traffic safety, public order, social order promulgated by competent authorities;
- There is a written request from the Head, Deputy Head of the Investigative Agency; written request from relevant agencies about stopping vehicles for inspection to serve following works
+ Ensuring security, order;
+ Combating crime;
+ Disaster prevention, fire protection;
+ Disease prevention;
+ Rescue and other violations of the law.
- There are reports, reflections, suggestions, and complaints from organizations and individuals about violations of the law by people and vehicles participating in road traffic.
Therefore, the police in Vietnam can stop a vehicle for inspection if there is no traffic violation.
Pursuant to Clause 2 Article 16 of the Circular 32/2023/TT-BCA stipulating regulations on stopping a vehicle for inspection as follows:
Stop vehicles for inspection
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2. Stopping and checking vehicles must meet the following requirements:
a) Safety, in accordance with the law, and not to obstruct traffic;
b) Once the vehicle has been stopped, the inspection and handling of violations (if any) must be carried out in accordance with regulations.
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Therefore, from September 15, 2023, when stopping vehicles for inspection, police officers must ensure the following requirements:
- Safety, in accordance with the law, and not to obstruct traffic;
- Once the vehicle has been stopped, the inspection and handling of violations (if any) must be carried out in accordance with regulations.
Pursuant to Clause 2 Article 17 of the Circular 32/2023/TT-BCA stipulating regulations on signal to stop a vehicle for inspection at a point on the road in Vietnam as follows:
Signal to stop a vehicle for inspection
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2. Signal to stop a vehicle for inspection at a point on the road, at a traffic police station
a) A police officer shall choose a suitable location, stand upright, face the vehicle to be inspected, and give the signal to stop the vehicle at a safe distance. The police officer shall raise the right hand with a traffic baton and point at the vehicle to be inspected, while blowing a whistle firmly, and guide the driver of the vehicle to be inspected to stop at a suitable and safe location for inspection.
b) The driver of the vehicle shall slow down and stop the vehicle at the location according to the instructions of the police officer when receiving the signal.
Therefore, the signal to stop a vehicle for inspection at a point on the road is regulated as follows:
- A police officer shall choose a suitable location, stand upright, face the vehicle to be inspected, and give the signal to stop the vehicle at a safe distance.
- The police officer shall raise the right hand with a traffic baton and point at the vehicle to be inspected, while blowing a whistle firmly, and guide the driver of the vehicle to be inspected to stop at a suitable and safe location for inspection.
- The driver of the vehicle shall slow down and stop the vehicle at the location according to the instructions of the police officer when receiving the signal.
Best regards!