Is it possible to check traffic police specialized inspection in Vietnam?

What contents of the traffic police's specialized inspection will be made public in Vietnam?

According to Clause 1 Article 5 of Circular 67/2019/TT-BCA, the contents of the public disclosure of the People's Police in the work of patrolling, inspection, and handling administrative violations include:

- Patrol, inspection, and handling of administrative violations procedures;

- Name, address, hotline, and suggestion box of the police agency responsible for patrolling, inspection, and handling administrative violations;

- Publicly disclosed uniforms, numbers of the People's Police, and vehicles, technical equipment, and supporting tools in accordance with regulations;

- Plans for general traffic control, plans for patrolling, checking, and handling violations according to traffic topics, plans for patrolling, inspection, and handling regular violations, including the following specific contents: Unit name; route; types of vehicles and violations to be checked and handled; implementation time;

- Duties and powers of officers and soldiers when performing patrol, inspection, and handling administrative violations;

- Rights and obligations of citizens when officers and soldiers carry out inspection, control, and handling of administrative violations.

According to Article 6 of Circular 67/2019/TT-BCA, the forms of public disclosure of the People's Police are as follows:

Forms of public disclosure of the People's Police

Based on the characteristics, nature, and content to be disclosed, the police agency shall apply one or more of the following forms of public disclosure:

1. Posting on the website; website of the police agency.

2. Posting in the Official Gazette.

3. Posting at the headquarters of the police agency.

4. Publicly on mass media.

Through the reception of citizens; press conferences; press releases; activities of the spokespersons in the People's Police force in accordance with the law.

Therefore, citizens are not allowed to request to check the transfer of the traffic police when their vehicle is stopped, but they can check some of the contents that are publicly disclosed according to regulations on mass media in accordance with the law.

Is it possible to check traffic police specialized inspection in Vietnam?

As prescribed in Article 15 of Circular 32/2023/TT-BCA, the following provisions are set out on the implementation of patrol and inspection plans:

Implementation of patrol and inspection plans

1. The head of the Traffic Police Unit: Before patrolling and inspection, the head of the unit must disseminate and indoctrinate the members of the unit on the contents of the patrol and inspection plan and other related contents; check the preparation work for patrolling, inspection, and handling violations; roll call; check uniforms; police numbers; Police Identity Card (when deploying plainclothes officers); internal regulations; vehicles; technical equipment; weapons, equipment; relevant forms and other technical equipment; reiterate the work positions and tasks of each member; issue an order to proceed with patrolling and inspection when all conditions have been fully met according to requirements and safety.

2. Members: Master the contents of the plan, tasks, positions, and forms of communication; proactively carry out the preparation work according to the assignment of the head of the unit.

3. Vehicles; technical equipment; weapons, equipment; other technical equipment equipped for the Traffic Police Unit must be managed and used in accordance with regulations; be specifically recorded in the Tracking and Management Book (according to the sample prescribed by the Ministry of Public Security).

As regulations above, the specialized topic of the traffic police (the plan of the traffic police or the patrol and inspection plan) will be disseminated by the head of the Traffic Police Unit to the members of the unit on the content of the patrol and inspection plan, and this topic will not be disseminated to the public.

Therefore, the public is not allowed to check the specialized topic of the traffic police.

Can the traffic police in Vietnam stop and inspect the vehicles even if there is no violation?

As prescribed in Clause 1 Article 16 of Circular 32/2023/TT-BCA, the following provisions are set out on the implementation of patrol and inspection plans:

Stop the vehicle for inspection

1. Traffic police officers carrying out patrol and inspection tasks according to the plan are allowed to stop vehicles for inspection in the following cases:

Directly detect or through technical equipment and techniques to detect and collect violations of laws and regulations on road traffic and other violations of the law;

Implementing the order, plan for general inspection of vehicles to ensure traffic order, safety on roads, social order; plan for patrolling, inspection, handling violations according to the topic to ensure traffic order, safety on roads, social order issued by the competent authority;

There is a request letter from the Head, Deputy Head of the Investigative Agency; a request letter from relevant functional agencies to stop vehicles for inspection to serve the work of ensuring security and order; fight against crime; prevention of natural disasters, fires; prevention of epidemics; rescue and rescue and other violations of the law. The request letter must specify the time, route, vehicles to be stopped for inspection and handling, and the forces to be coordinated;

There are reports, reflections, recommendations, denunciations of organizations and individuals about violations of the law of people and vehicles participating in road traffic.

...

Therefore, when carrying out the order, plan for general inspection of vehicles, the plan for patrolling, inspection, handling violations according to the topic, the traffic police can stop the vehicle for inspection even if the driver does not have any signs of violation.

Best regards!