On June 19, 2020, the Ministry of Public Security issued Circular 64/2020/TT-BCA stipulating the procedures for investigating and resolving inland waterway traffic accidents by the Traffic Police force in Vietnam.
Emergency Cases in which waterway traffic police in Vietnam may mobilize means of transport (Internet image)
Article 7 of Circular 64/2020/TT-BCA stipulates that in emergencies, to take injured people for emergency treatment, to chase and apprehend criminals, traffic accident offenders who flee; for rescue, firefighting or other urgent tasks, the right to mobilize transport means, communication means, and other means of agencies, organizations, individuals, and those who are controlling or using those means shall be exercised. The mobilization shall be carried out in the form of a request or order. The requisition of transport means, communication means, and other means of agencies, organizations, and individuals shall be carried out according to decisions of competent persons and in accordance with the conditions, procedures, and processes prescribed by the Law on Requisition and the Law on the People's Public Security Forces in Vietnam.
Additionally, Article 7 of this Circular also stipulates that traffic police officers performing patrol duties, handling violations or officers assigned by competent leaders to the scene of a traffic accident shall perform the initial information collection tasks in Vietnam as follows:
- Observe to detect and collect trace evidence that is easily altered or lost; changes due to the rescue process, vehicle salvaging; effects of currents, hydrological weather;
- Find crew members, operators of means involved in the traffic accident; witnesses and knowledgeable persons to collect information about the traffic accident (if available, note full name, address, phone number, identity card number or citizen identification number); check and temporarily seize documents of the means, crew members, operators, and goods carried on the means (if any) related to the traffic accident;
- Use technical equipment provided to the Traffic Police to immediately check the blood alcohol concentration or other stimulants prohibited by law for the operators of means involved in the traffic accident at the scene; or request medical facilities to check the blood alcohol concentration or strong stimulants in the blood of operators involved in the traffic accident who are receiving emergency treatment;
- Examine and collect electronic data such as GPS devices recording vehicle journeys, Automatic Identification System (AIS), and images from cameras of agencies, organizations, and individuals around or passing through the area of the accident during the time the accident occurred (if available).
Details can be found at Circular 64/2020/TT-BCA which takes effect in Vietnam on January 1, 2021.
Ty Na
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