Regulations on inspection and penalties for traffic violations in Vietnam applied from August 05, 2020

1. Traffic police have the authority to stop and handle vehicles

According to Clauses 1 and 3 Article 87 of the Law on Road Traffic 2008 of Vietnam:

- The road traffic police shall patrol and control road users and vehicles in traffic; handle their violations of road traffic law and take responsibility before law for their decisions; coordinate with the road administration agency in detecting and stopping acts of violating regulations on protection of road works and road safety corridors.

- The Government shall stipulate the mobilization of other police forces and commune police to join the road traffic police in patrolling and controlling road traffic order and safety in necessary cases.

Besides, according to Clauses 3 and 4 Article 7 of the Circular No. 47/2011/TT-BCA of the Ministry of Public Security of Vietnam:

- In case there is no traffic police force to accompany, other police force and commune police shall carry out patrol and control according to the plan approved by the competent authority.

- Commune Police forces are only allowed to patrol and control on inter-commune and inter-village roads within their management areas and handle the following violations of traffic order and safety: operating motorbikes and mopeds without helmets, carrying more than the prescribed number of people, carrying bulky goods; illegal parking on the roadway; operating a vehicle that accelerates, swerves, deflects, removes the exhaust pipe, does not have a rear-view mirror or is under age to operate a vehicle as prescribed by law and acts of violating the road traffic safety corridor such as market meetings under the roadway, encroaching on the traffic safety corridor. It is strictly forbidden for the Commune Police to stop and control vehicles on national highways and provincial roads.

Thus, based on the above provisions, the traffic police have the right to control and check violations and mobilize other police forces and commune police to coordinate to perform the task of patrolling and controlling traffic in case of necessity. However, the commune police force can only patrol and control on inter-commune and inter-village roads and handle violations according to the above regulations.

2. Where the traffic police are allowed to stop the vehicle for control

According to Clause 1 Article 16 of the Circular No. 65/2020/TT-BCA of the Ministry of Public Security of Vietnam, traffic police are allowed to stop vehicles for control in the following cases:

- Directly detecting or through professional technical means and equipment, detecting and recording violations of the law on road traffic and other violations of the law;

- Implementing orders and plans on general control of road vehicles, plans on patrolling, controlling and handling violations according to thematics approved by competent authorities;

- There is a written request of the head or deputy head of the investigating agency; a written request from the relevant functional agency on stopping the means of traffic for control in service of ensuring security and order, fighting against crime and other illegal acts. The written request must specify the time, route and means of traffic to stop for control, handling, and forces participating in coordination;

- Reporting, recommendations and denunciations of organizations and individuals about illegal acts of people and vehicles participating in road traffic.

3. Behavior of the traffic police

According to Article 11 of the Circular No. 65/2020/TT-BCA of the Ministry of Public Security of Vietnam, behavior of the traffic police is prescribed as follows:

Traffic police uniform: When patrolling, controlling and handling violations, the traffic police shall wear police uniforms and wear the number of the People's Police according to the regulations of the Ministry of Public Security. When controlling in the evening, at night or during the day in foggy or bad weather conditions that limit visibility, a reflective vest must be worn.

Means of transport: Cars, patrol and control motorcycles, special-use vehicles, bicycles.

Weapons and support tools: Including pistols, rifles, submachine guns, slingshots, tear gas cannons, paintball guns, pepper spray, electric batons, armor, number 8 lock.

Means of communication, including: walkie-talkie, telephone, fax machine, storage computer, data transmission and reception, printer.

Moreover, traffic police are also equipped with:

- Traffic command sticks, horns, loudspeakers, barriers, cone-shaped stakes, signboards, tension ropes, lights, suitcases for road scene examination;

- Technical means and equipment, weapons and other supporting tools are equipped according to the provisions of law and the Ministry of Public Security.

4. Control paperwork and error messages

According to Point a Clause 2 Article 10 of the Circular No. 65/2020/TT-BCA of the Ministry of Public Security of Vietnam, traffic police control documents related to people and vehicles, including:

- Driving license;

- A certificate of training in knowledge about the road traffic law, a license or certificate of operation of special-use vehicle;

- Vehicle registration certificate;

- Technical safety and environmental protection inspection certificate for motor vehicles and special-use vehicles (for vehicles subject to inspection regulations);

- Certificate of civil liability insurance of motor vehicle owners and other relevant papers as prescribed by law.

5. Penalties for violations and payment of fines

According to Clause 1 Article 56 of the Law on handling administrative violations 2012 of Vietnam:ư

- Administrative sanction without record taking is applicable in cases of warning or fines of up to VND 250,000 for individuals, VND 500,000 for organizations and the persons with sanctioning competence must make decisions of administrative sanctions on the spot.

- In case administrative sanctions are detected thanks to using technical, professional equipment, means, the record must be taken.

Concurrently, according to Article 20 of the Circular No. 65/2020/TT-BCA of the Ministry of Public Security of Vietnam, the handling of violations while on patrol and control is also specified as follows:

- Sanctions for administrative violations without making records: Make decisions on sanctioning administrative violations on the spot according to regulations. In case the violating individual or organization has not immediately implemented the sanctioning decision, relevant papers shall be temporarily seized as prescribed to ensure the observance of the decision on sanctioning of administrative violations;

- Sanctions of administrative violations with written records: Make records of administrative violations according to regulations. When the minutes of administrative violations are completed, guide and request violators or representatives of violating organizations to provide contact phone numbers to receive information and sanction through the National Public Service Portal, sign minutes and give them 01 copy; if there are witnesses, damage sufferers or representatives of damaged organizations, they must both sign the minutes; in case the violator is not present at the place of violation or deliberately evades or for objective reasons does not sign the record, the head of the traffic police team shall invite the representative of the local administration where the violation occurred or 02 witnesses signed the minutes;

If the violator, witness, damage sufferer or representative of the damaged organization refuses to sign, traffic police officers must clearly state the reasons in the minutes and report them in writing to the heads of the units as a basis for competent persons to consider and decide on penalties.

Ty Na

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