03 forms of traffic police patrol and control from September 15, 2023 in Vietnam

03 forms of traffic police patrol and control from September 15, 2023 in Vietnam (Internet image)

On August 1, 2023, the Minister of Public Security issued Circular 32/2023/TT-BCA on the tasks, powers, forms, content, and procedures of patrolling, controlling, and handling administrative violations of road traffic by the Traffic Police.

1. Control through the system of monitoring and handling violations of road traffic order and safety in Vietnam

Specifically, Article 9 of Circular 32/2023/TT-BCA stipulates control through the monitoring system and handling of violations of road traffic order and safety as follows:

- The system for monitoring and handling violations of road traffic order and safety (hereinafter referred to as the Monitoring System) is equipped, installed, managed, operated, and used according to the provisions of Decree 135/2021/ND-CP and the regulations of the Ministry of Public Security on standards, regulations, management, operation, use, and protection of the Surveillance System.

- The Traffic Police unit assigned to manage the monitoring system must arrange for officers to be on duty at the Operation Center 24/7 to operate the system continuously and smoothly, monitor traffic order, safety, and social order on the route, and detect road traffic violations and other violations of law.

- Detecting and handling violations through the Monitoring System is carried out according to the provisions of Article 19 and Article 28 of Circular 32/2023/TT-BCA.

2. Public control and patrol in Vietnam

(1) Patrol and mobile control

Traffic Police officers move on assigned routes and areas by means of transport or on foot to patrol and control according to plans issued by competent authorities and directly observe or through the use of professional technical means and equipment to monitor, prevent, detect, promptly stop, and handle administrative violations of road traffic and other legal violations according to regulations.

(2) Control at one point on the road, at the Traffic Police Station

- Traffic police organize forces at a point on the road, at the Traffic Police Station according to the plan issued by the competent authority to control, detect, and handle administrative violations of road traffic and other violations of law according to regulations;

- At a point on the road, choose a location with a wide, airy road surface that does not obscure visibility and complies with road traffic laws;

- When patrolling and controlling, Traffic Police use vehicles and professional technical equipment (cameras) equipped to record the control process. Control in the evening and at night must have lights and ensure adequate lighting.

(3) Patrolling, mobile control combined with control at one point on the road, at the Traffic Police Station

When patrolling, mobile control is controlled at one point on the road, at the Traffic Police Station or when controlling at a point on a traffic road, at a Traffic Police Station that is allowed to patrol and control mobilely but must clearly state this in the patrol and control plan issued by the competent authority.

Note: When organizing patrols and public control according to the provisions of Clause 1, Clause 2, Clause 3, Article 10 of Circular 32/2023/TT-BCA, there must be a plan from the Head of the Road and Railway Traffic Control and Patrol Guidance Department under the Traffic Police Department (hereinafter referred to as the Head of the Road and Railway Traffic Control and Patrol Guidance Department), the Head of Traffic Police Department, Head of Police at the district level or higher, and ensure the following regulations:

- Use police uniforms as prescribed in Clause 1, Article 13 of Circular 32/2023/TT-BCA;

- Use means of transport as prescribed in Clause 2, Article 13 of Circular 32/2023/TT-BCA, or walk to patrol and control within assigned routes and areas;

- Use professional technical means and equipment; weapons, support tools, and other technical means, according to the provisions of Circular 32/2023/TT-BCA.

(Article 10 of Circular 32/2023/TT-BCA)

3. Public control and patrol in disguise in Vietnam

Pursuant to Article 11 of Circular 32/2023/TT-BCA regulating public control patrols combined with disguises as follows:

- The Traffic Police Team is assigned a section of officers in disguise (in plain clothes) to coordinate with the section of officers on patrol and public control according to the plan issued by the competent authority according to the provisions of Clause 3, Article 11 of Circular 32/2023/TT-BCA to perform the tasks of patrolling, controlling, and handling violations on assigned routes and areas.

- Cases of public patrol and control combined with disguises, including:

+ Use professional technical means and equipment to improve the effectiveness of ensuring road traffic order and safety;

+ Fight against crime; a complicated situation of security, order, or road traffic safety and order.

- Authority to decide on patrol and public control combined with disguise

+ Director of Traffic Police Department; The Director of Police at the provincial level or higher decides on public patrol and control combined with disguise as prescribed in Clause 2, Article 11 of Circular 32/2023/TT-BCA;

+ Head of the Department of Patrol Guidance and Road and Railway Traffic Control; Head of Traffic Police Department; The District Police Chief decides on public patrol and control combined with disguises for the cases specified in Point a, Clause 2, Article 11 of Circular 32/2023/TT-BCA.

- Conditions for patrolling and public control combined with disguise

+ There must be a patrol and control plan issued by competent authorities, as specified in Clause 3, Article 11 of Circular 32/2023/TT-BCA. The content of the plan must clearly state the implementation method: force, skin, communication methods, time, routes, patrol and control areas, means of transportation, professional technical means and equipment, weapons, support tools, and other technical means used for patrol and control.

Director of Traffic Police Department; Director of Provincial Police; Head of the Department of Patrol Guidance and Road and Railway Traffic Control; Head of Traffic Police Department; The District Police Chief, according to the provisions of Clause 3, Article 11 of Circular 32/2023/TT-BCA, decides on wearing police uniforms, wearing plain clothes when patrolling, and public control combined with costumes;

+ The costume officers and the patrol and publicity control officers in the Traffic Police Group must keep an appropriate distance to ensure timely and legal handling of violations.

The costume officer department is responsible for directly observing and using means and professional technical equipment to monitor traffic order and safety and detect violations of road traffic laws. set and other violations of the law; When detecting violations, they must immediately notify the patrol and public control departments to stop the vehicle, control it, and handle it according to regulations.

In case of detecting serious violations of road traffic, security, and social order that, if not prevented promptly, will cause dangerous consequences for society, damage the property of agencies, organizations, and individuals, and harm the lives and health of traffic participants, it is allowed to use the People's Police ID card to notify and mobilize people to coordinate and immediately stop violations;

Notifying and coordinating with the patrol and public control departments to resolve the violation at the place where it was discovered or bringing the violator to the nearest Police headquarters to resolve it according to regulations

More details can be found in Circular 32/2023/TT-BCA, taking effect on September 15, 2023.

Circular 65/2020/TT-BCA; Article 4, Clause 11, Clause 12, Clause 13, Clause 14 Article 7 Circular 15/2022/TT-BCA expires from September 15, 2023.

Ho Quoc Tuan

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