Investigation and Resolution of Certain Road Traffic Accidents by Traffic Police

Investigation and Resolution of Certain Cases of Road Traffic Accidents by Traffic Police (Illustrative Image)

Circular 63/2020/TT-BCA stipulates the investigation and resolution of certain cases of road traffic accidents by the Traffic Police, including: road traffic accidents involving personnel and vehicles of the People's Army, vehicle fire and explosion accidents, traffic accidents directly involving vehicles carrying harmful chemicals, and traffic accidents leading to public disorder offenses. To be specific:

Road Traffic Accidents Involving Personnel and Vehicles of the People's Army:

- For road traffic accidents where it is immediately determined that there are no signs of criminal offenses involving personnel and vehicles of the People's Army, the Traffic Police investigate and resolve the case, while cooperating with the unit managing the military personnel and vehicles involved in the accident to handle administrative violations in accordance with this Circular and relevant laws.- For road traffic accidents where initial investigations and verifications indicate signs of criminal offenses within the jurisdiction of the Military Court as stipulated in Article 272 of the 2015 Criminal Procedure Code, the Traffic Police shall transfer all related files, documents, and vehicles involved in the accident to the competent Military Criminal Investigation Agency for resolution and make copies of the files for monitoring. After transferring to the Military Criminal Investigation Agency, the Traffic Police shall continue to cooperate as requested by the Military Criminal Investigation Agency.

Vehicle Fire and Explosion Accidents:

In cases of vehicle fire and explosion accidents, the Traffic Police must immediately notify the Fire Prevention, Fighting and Rescue Police at the location of the traffic accident to handle the situation; concurrently, organize traffic diversion and prohibit people and vehicles from entering the fire and explosion area. The Traffic Police are responsible for coordinating and maintaining traffic order at the accident scene.

Traffic Accidents Directly Involving Vehicles Carrying Harmful Chemicals:

In the event of a traffic accident involving vehicles transporting harmful chemicals, the Traffic Police must cordon off the accident area within a necessary range and set up warning signs, prohibiting people and vehicles from entering. Simultaneously, report immediately to the Director of the Provincial/Municipal Police Department (if the Traffic Police officer belongs to the Traffic Police Department, report to the Chief of the Traffic Police Department) for direction and notify the relevant agencies to coordinate in resolving the situation.

Traffic Accidents Leading to Public Disorder Offenses:

- In cases where a traffic accident results in the relatives of the victims or agitators demanding claims, assaulting the person causing the accident, or blocking the road and impeding traffic at a non-serious level, actively explain, divide the groups, and disperse the crowd to prevent complexities.- In cases of severe public disorder offenses, report to unit leaders to request support from local authorities and other forces; at the same time, protect the scene, vehicles, and the drivers; preserve sources of force and continue to monitor the situation to assist in investigation, verification, and resolution.

Detailed information can be found in Circular 63/2020/TT-BCA, effective from January 1, 2021.

Ty Na

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