Plainclothes traffic police eligible to coordinate in handling violations starting September 15, 2023 in Vietnam

Plainclothes traffic police eligible to coordinate in handling violations starting September 15, 2023 in Vietnam (Internet image)

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

1. Plainclothes traffic police eligible to coordinate in handling violations starting September 15, 2023 in Vietnam

According to Article 11 of Circular 32/2023/TT-BCA, public patrol and control combined with disguises are as follows:

(i) 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 (iii) to perform the tasks of patrolling, controlling, and handling violations on assigned routes and areas.

(ii) Cases of public patrol and control combined with disguises, including:

(ii.1) Use professional technical means and equipment to improve the effectiveness of ensuring road traffic order and safety;

(ii.2) Fighting crime; a complicated situation of security, order, or road traffic safety and order.

(iii) Authority to decide on patrol and public control combined with disguise

- Director of Traffic Police Department; The Director of the Provincial Police Department or higher shall decide on public patrol and control combined with disguise as prescribed in Clause (ii);

- Head of the Department of Patrol Guidance and Road and Railway Traffic Control; Head of Traffic Police Department; and the District Police Chief shall decide on public patrol and control combined with disguise for the cases specified in point (ii.1).

(iv) Conditions for public patrol and control combined with disguise

- There must be a patrol and control plan approved by the competent authority specified in clause (iii). 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 (iii), decides on wearing police uniforms and 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 makeup staff department is responsible for directly observing and using professional technical means and equipment to monitor traffic order and safety, detect violations of road traffic laws, and other violations of law; When detecting a violation, you 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, if not prevented promptly, it will cause dangerous consequences for society, damage the property of agencies, organizations, and individuals, and harm the lives and health of traffic participants. Then, use the People's Police ID card to notify and mobilize people to coordinate and immediately stop violations; notify and coordinate with the patrol and public control departments to resolve the violation at the place where the violation is discovered; or bring the violator to the nearest police headquarters to resolve according to regulations.

2. Content of patrol and traffic control

- Content of patrol

+ Observe and grasp the situation of traffic order and safety on road traffic routes; prevent violations, traffic accidents, and traffic jams; maintain road traffic order and safety;

+ Detect, prevent, and handle violations of road traffic laws and other violations of law according to regulations;

+ Ensuring order, traffic safety, security, and order on road traffic routes;

+ Help and support people and vehicles participating in road traffic when necessary;

+ Carry out other tasks assigned by competent authorities according to regulations.

- Content control

+ Control documents related to people and vehicles, including:

Driving license; Certificate of training in legal knowledge on road traffic; diploma; certificate of operating specialized motorbikes; vehicle registration certificate or certified copy of the vehicle registration certificate with the original valid receipt from the credit institution (during the time the credit institution keeps the original vehicle registration certificate); Inspection certificate, technical safety and environmental protection inspection stamp, Confirmation of the validity period of the inspection certificate and inspection stamp (for vehicles that require inspection); compulsory insurance certificate for motor vehicle owner's civil liability, and other relevant necessary documents according to regulations (hereinafter referred to as documents).

When the databases are connected to the electronic identification and authentication system, information about the status of documents can be determined. Control through checking and comparing information about those documents in the electronic identification account is as valuable as directly checking documents;

+ Control traffic conditions of vehicles

Perform control in order from front to back, from left to right, from outside to inside, and from top to bottom, including the following contents: external shape, size, paint color, license plate on the front, rear, and sides of the vehicle; Technical safety and environmental protection conditions of road motor vehicles and specialized motorbikes according to regulations;

+ Control compliance with legal regulations on road transport safety

Control the legality of goods, type, volume, quantity, specifications, size, and items; The actual number of people carried compared to the regulations allowed to carry and measures to ensure safety in road transport;

+ Control other related content according to the provisions of the law.

(Article 12 of Circular 32/2023/TT-BCA )

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

Nguyen Ngoc Que Anh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE