Can traffic police wear plain clothes during administrative checks in Vietnam?

Can traffic police wear plain clothes during administrative checks in Vietnam?

Pursuant to Clause 1, Article 11 of Circular 65/2020/TT-BCA, there are regulations on uniforms of traffic police as follows:

a) Traffic police, when patrolling, controlling, and handling violations, use police uniforms and wear People's Police numbers according to regulations of the Ministry of Public Security. When controlling in the evening, at night or during the day in foggy or bad weather conditions that limit visibility, a reflective vest must be worn;

b) In case of control through means and professional technical equipment, a section of plainclothes Traffic Police shall be arranged to operate and use vehicles and professional technical equipment, monitor traffic order and safety, detect violations of road traffic laws and other violations of law. When detecting violations, they must immediately notify the public patrol and control department for control and handling in accordance with law;

Head of Road Traffic Control and Patrol Guidance Department under the Traffic Police Department (hereinafter referred to as Head of Road Traffic Control and Patrol Guidance Department), Head of Traffic Police Department, Head of Police Districts, districts, towns, provincial cities, and centrally run cities (hereinafter collectively referred to as district-level Police Chiefs) or higher decide whether to wear police uniforms or plain clothes when using vehicles and equipment. Professional technical equipment and must be clearly stated in the patrol and control plan.

Thus, Traffic Police can wear plain clothes when on duty to operate and use vehicles and professional technical equipment, monitor traffic order and safety, and detect violations in Vietnam. This wearing of plain clothes must be clearly stated in the patrol and control plan. In addition, traffic police are not allowed to wear plain clothes when handling violations but must use police uniforms and wear People's Police numbers.

According to this Article, Traffic Police can wear plain clothes to carry out administrative checks in Vietnam. And this Traffic Policeman wore a People's Police identification number when checking and this person had only done an administrative check and had not handled any administrative violations, so the Traffic Policeman wearing plain clothes doing the administrative check was not wrong.

Is it possible to film or take pictures of the traffic police doing an administrative check in Vietnam?

According to Article 11 of Circular 67/2019/TT-BCA stipulating the form of People's supervision over the Traffic Police as follows:

1. Through public information from the People's Police and feedback through the mass media.

2. Through supervisory entities according to the provisions of law.

3. Through direct contact and settlement of work with officers and soldiers.

4. Approving the results of settlement of cases, letters, complaints, denunciations, recommendations and reflections.

5. Through sound recording, video recording or direct observation equipment, but must ensure the following conditions:

a) Do not affect the normal activities of officers and soldiers while on duty;

b) Outside the area ensuring traffic order and safety (for places where traffic safety and order assurance areas are deployed);

c) Comply with other relevant laws.

According to this Article, people have right to film and take photos of Traffic Police but must not affect the performance of their duties in the permitted area and must comply with the provisions of law in Vietnam.

What are circumstances in which the traffic police can stop the vehicle to check in Vietnam?

Article 16 of Circular 65/2020/TT-BCA stipulates that Traffic Police performing patrol and control tasks according to plan may stop vehicles for control in the following cases:

a) Directly detect or through means and professional technical equipment detect and record violations of road traffic laws and other violations of law;

b) Implement orders, plans for general control of road vehicles, plans for patrolling, controlling, and handling violations according to topics approved by competent authorities;

c) There is a written request from the Head or Deputy Head of the investigation agency; Written request from relevant authorities to stop traffic vehicles for control to ensure security and order, fight against crime and other violations of the law. The written request must specify the time, route, means of transport stopped for control and handling, and the forces involved in coordination;

d) Information, feedback, recommendations, and denunciations from organizations and individuals about violations of the law by people and vehicles participating in road traffic.

According to the above regulations in Vietnam, the traffic police may stop checking vehicles when detecting violations of the law on road traffic and other violations of the law; follow orders and plans; there is a written request of the competent authority; reporting, making recommendations and denunciations about illegal acts of people and vehicles participating in road traffic.

Best regards!