Standards for traffic police conducting road traffic accident investigations in Vietnam from January 1, 2025

Standards for traffic police conducting road traffic accident investigations in Vietnam from January 1, 2025​ (Image from Internet)

On November 13, 2024, the Minister of Public Security of Vietnam issued Circular 72/2024/TT-BCA prescribing the procedures for investigating and resolving road traffic accidents by the Traffic Police.

Standards for traffic police conducting road traffic accident investigations in Vietnam from January 1, 2025

According to Clause 1, Article 3 of Circular 72/2024/TT-BCA, the standards for Traffic Police officers conducting the investigation, verification, and resolution of road traffic accidents from January 1, 2025, are specified as follows:

(i) Possess a university degree in security, police university, or a bachelor's degree in law or higher. In case of graduating from universities outside the police sector, individuals must have been trained and fostered in security and police professions according to regulations;

(ii) Have worked in the Traffic Police force for six months or more;

(iii) Have been recognized as completing training and fostering in investigating and resolving road traffic accidents;

(iv) Traffic Police officers satisfying the standards specified in (i), (ii), and (iii) are the main handling officers;

(v) Traffic Police officers who do not meet the standard in (i) but meet the standards in (ii) and (iii) are the supporting officers.

Instructions on assigning officers to investigate road traffic accidents in Vietnam

The assignment of officers to investigate, verify, and resolve road traffic accident cases from January 1, 2025, will be carried out according to Clause 2, Article 3 of Circular 72/2024/TT-BCA, specifically:

- When assigning officers to handle the investigation, verification, and resolution of road traffic accident cases, there must be at least one main handling officer. The main handling officer is generally responsible, while the supporting officer (if any) is responsible for the tasks assigned;

- Officers assigned to handle the investigation, verification, and resolution of road traffic accident cases shall comply with the provisions of Article 83 of the Law on Road Traffic Order and Safety Year 2024, Circular 72/2024/TT-BCA and other relevant legal regulations on investigating, verifying, and resolving road traffic accidents.

Content of investigation and verification of road traffic accident circumstances in Vietnam from 2025

When investigating and verifying a road traffic accident, Traffic Police officers are responsible for clarifying:

- The presence or absence of criminal signs;

- The presence or absence of violations of road traffic order and safety; the developments and causes leading to road traffic accidents;

- Individuals or organizations committing violations of road traffic order and safety, their faults, and the personal profiles of violators;

- Aggravating and mitigating circumstances;

- The nature and extent of damage caused by violations of road traffic order and safety;

- Other circumstances relevant to the consideration, decision-making for punishment, and resolution of road traffic accidents;

- Inadequacies, loopholes, shortcomings in traffic organization, traffic infrastructure quality; management of vehicles and drivers;

- In the investigation and verification process, it may be proposed to request expert assessment and asset valuation.

Traffic Police officers assigned to the scene to conduct investigation, verification, and resolution of road traffic accident cases must prepare a Case Record according to Form No. 02/TNDB issued with Circular 72/2024/TT-BCA.

Within 24 hours from the preparation of the case record, the Traffic Police officers preparing the record must report to the competent leadership to issue a Decision on assigning officers to investigate, verify, and resolve road traffic accident cases according to Form No. 04/TNDB issued with Circular 72/2024/TT-BCA and prepare an Investigation and Verification Plan for resolving road traffic accident cases according to Form No. 05/TNDB issued with Circular 72/2024/TT-BCA approved by the competent leadership.

Investigation and verification measures for determining the circumstances of road traffic accidents are implemented according to Articles 8, 9, 10, 11, 12, 13, 14, and 15 of Circular 72/2024/TT-BCA.

(Article 7 of Circular 72/2024/TT-BCA)

More details can be found in Circular 72/2024/TT-BCA, effective from January 1, 2025.

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