Duties and powers of traffic police in patrol and control from September 15, 2023, in Vietnam

Regarding this issue, LawNet would like to answer as follows:

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

Traffic Police's duties in patrol and control in Vietnam

According to Article 7 of Circular 32/2023/TT-BCA, the tasks of the Traffic Police in patrolling and controlling road traffic include:

- Comply with the provisions of law and orders, patrol plans, and control and handling of violations issued by competent authorities.

- Patroll, control, and handle violations to ensure road traffic order and safety within assigned routes and areas.

- Detect, promptly prevent, and handle road traffic violations and other legal violations according to regulations; coordinate with road management agencies to detect and prevent violations of regulations on the protection of road works and road safety corridors.

- Investigate and resolve traffic accidents according to the provisions of the law and the Ministry of Public Security.

- Directly and coordinate with units inside and outside the People's Public Security Force to fight against crime and other illegal acts on road traffic routes.

Participate in anti-terrorism and anti-disturbance protests; prevent and fight epidemics, natural disasters, and fires; and rescue on road traffic routes according to regulations.

- Through patrolling, controlling, and handling violations, perform the following tasks:

+ Detect loopholes, shortcomings, and inadequacies in state management of security, order, and road traffic to report and propose to competent authorities to recommend timely remedial measures to functional agencies;

+ Guide, propagate, and mobilize people to participate in ensuring road traffic order and safety and comply with road traffic laws.

- Perform other tasks of the People's Public Security Force according to the provisions of law.

Powers of Traffic Police in patrol and control in Vietnam

Specifically, Article 8 of Circular 32/2023/TT-BCA stipulates the powers of Traffic Police in patrolling and controlling traffic as follows:

- Stop vehicles participating in road traffic (hereinafter referred to as vehicles) according to the provisions of the Law on Road Traffic 2008, this Circular and relevant legal regulations.

Control people and vehicles, documents of the driver of the vehicle, documents of the vehicle, and identification documents of the person on the vehicle under control according to the provisions of law; Control the implementation of regulations on road transport safety.

- Apply measures to prevent and handle administrative violations of road traffic, social order, and other violations of law according to regulations.

- Request agencies, organizations, and individuals to coordinate and provide support in resolving accidents, congestion, traffic obstructions, or other cases causing disorder and affecting road traffic safety.

In urgent cases to protect national security, ensure social order and safety, or prevent damage to society that is occurring or is at risk of occurring, Traffic Police officers who are performing patrol duties and controlling the mobilization of means of transport and communication, other vehicles of agencies, organizations, or individuals, and the person controlling and using those vehicles according to the provisions of the Law on People’s Public Security Force. Mobilization is carried out in the form of direct or written requests.

- Be equipped and use means of transport; professional technical means and equipment; weapons and support tools; means of communication; and other technical means according to the provisions of the Law on Handling Administrative Violations (amended in 2020); Law on management and use of weapons, explosives and combat gears; other provisions of relevant laws and the Ministry of Public Security.

- Suspend of travel on certain road sections, redistribution of traffic, redistribution of routes, and temporary stopping and parking of vehicles when there are traffic jams or traffic accidents or when there are other necessary requirements to ensure security, order, and social safety.

- Exercise other powers of the People's Public Security Force according to the provisions of law.

Circular 32/2023/TT-BCA takes effect on September 15, 2023.

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