When will the Commune Police be mobilized to patrol and control traffic in Vietnam?

When will the Commune Police be mobilized to patrol and control traffic in Vietnam?

1. Who are the Commune Police?

According to Clause 1, Article 3 of the Ordinance on Commune Public Security 2008, the Commune Police constitutes a part-time armed force in the organizational system of the People's Police, acting as the core in the movement "All people protect national security and maintain social order and safety" in communes.

In addition, according to Point d, Clause 1, Article 17 of the Law on People's Public Security 2018, the police of communes, wards and townships are agencies in the organizational system of the People's Public Security.

2. When will the Commune Police be mobilized to patrol and control road traffic in Vietnam?

Cases where it is necessary to mobilize the commune police force to coordinate with the Road Traffic Police in patrolling and controlling road traffic order and safety according to Article 4 of Decree 27/2010/ND-CP stipulates as follows:

- During the anniversaries; socio-political events; major cultural and sports activities of the State and localities.

- Peak periods to ensure traffic order and safety under the direction of the Ministry of Public Security, the General Department of Police for the administrative management of social order and safety or the Director of the Public Security of the province or centrally run cities.

- When the situation of violations of traffic order and safety, traffic accidents and traffic jams has complicated developments.

- Other cases where road traffic order and safety adversely affects political security, social order and safety.

3. Duties of commune police in Vietnam

According to Article 7 of Circular 47/2011/TT-BCA stipulating the duties of the Commune Police as follows:

- Arrange forces to participate in patrolling, controlling traffic order and safety according to the plan.

- Statistics and reports on cases and violations of the law, road traffic accidents; results of patrolling, controlling, and handling administrative violations of road traffic order and safety as assigned in the plan.

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

- Commune police forces are only allowed to patrol and control inter-commune and inter-village roads within their management areas and handle the following violations of traffic order and safety:

+ Operating motorcycles or mopeds without helmets, carrying more than the prescribed number of people, carrying bulky goods;

+ Parking on the roadway contrary to regulations;

+ 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.

+ 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.

4. Competence to sanction road traffic violations of the commune police

Competence to sanction of commune police according to Clauses 1 and 3, Article 76 of Decree 100/2019/ND-CP (amended in Decree 123/2021/ND-CP) is as follows:

Soldiers of the People's Public Security Forces on official duty have the right to:

+ Warn;

+ Fine up to 500,000 VND for violations in the field of road and railway traffic.

- The commune police have the right to:

+ Warning;

+ Fine of up to 2,500,000 VND for violations in the field of road and railway traffic;

+ Confiscate material evidences and means used to commit administrative violations with a value not exceeding VND 5,000,000;

+ Apply remedial measures specified at Points a and c, Clause 1, Article 4 of Decree 100/2019/ND-CP as follows:

++ Forcible restoration of the original state that has been changed due to administrative violations;

++ Forcing to take measures to remedy the environmental pollution caused by administrative violations.

Quoc Dat

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