Cases where the Waterway Police stop the vehicle for control from September 16, 2023 in Vietnam

Cases where the Waterway Police stop the vehicle for control from September 16, 2023 in Vietnam (Internet image)

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

1. Cases where the Waterway Police stop the vehicle for control from September 16, 2023 in Vietnam

Waterway police performing patrol and control tasks according to plan are allowed to stop vehicles for control in the following cases:

- Directly detecting or, through professional technical means and equipment, detecting and recording signs of law violations;

- Implementing the direction, plan of patrol, control, and work plan of the crew chief; Head of Traffic Police Department; District Police Chief approves;

- There is a written request to stop the means used by the Heads, Deputy Heads of investigating agencies at all levels and relevant functional agencies to control and serve the work of protecting national security and ensuring social order and safety;

- Reporting and denunciation of violations of the law related to people and vehicles participating in traffic.

(Clause 1, Article 8 of Circular 36/2023/TT-BCA)

2. Requirements when Waterway Police stop vehicles for control from September 16, 2023

Requirements when the Waterway Police stop vehicles for control on September 16, 2023, are specified in Clause 2, Article 8 of Circular 36/2023/TT-BCA, including:

- Safe, in accordance with the law, and not obstructing traffic activities. Once the vehicle has stopped, it is necessary to control and handle violations (if any) according to the provisions of the law;

- Select a control location that requires a deep, wide, open, and unobstructed view of the channel; ensure vehicle stopping, public and transparent control;

- In case of stopping control of vehicles transporting flammable substances, explosives, toxic substances, or other dangerous goods, in addition to satisfying the requirements at Points a and b of this Clause, it is necessary to have safety measures to guide the vehicle away from residential areas or deserted places to stop, then conduct control.

3. Signal to stop the vehicle for control by the Waterway Police in Vietnam

When stopping a vehicle for control, it is necessary to base it on the density of vehicles participating in traffic, the situation and characteristics of traffic flows and routes to ensure the safety and normal circulation of other vehicles, and do the following:

- During the day, point the "K-flag" flag towards the vehicle to be controlled, wave it three times vertically from top to bottom, and at the same time make the signal sound one long sound, one short sound, and one long sound;

- At night, direct the signal light towards the vehicle to be controlled, emit a long flash, a short flash, and a long flash, and at the same time emit a long sound, a short sound, and a long sound;

- In addition to the above commands, it is possible to use loudspeakers to instruct the vehicle to stop or slow down.

(Clause 3, Article 8 of Circular 36/2023/TT-BCA)

4. Request the Waterway Police to stop the vehicle for control

- Strictly comply with the provisions of the law on inland waterways and maritime traffic (hereinafter referred to as waterways for short); Law on handling administrative violations, Circular 36/2023/TT-BCA, and other relevant provisions of law.

- Properly, fully and responsibly perform assigned tasks according to the provisions of law, patrol, and control plans approved by competent authorities; implement democracy in the work of ensuring traffic order and safety and the People's Police Order.

- Have a proper attitude and appropriate behavior when interacting with people who violate the law.

- Detect, prevent, and promptly handle violations of the law on waterway traffic and other related violations in accordance with regulations on competence, order, and procedures.

- Ensure other requirements and regulations of the Ministry of Public Security.

(Article 3 of Circular 36/2023/TT-BCA)

Circular 36/2023/TT-BCA takes effect on September 16, 2023.

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