Circular 65/2020/TT-BCA: 05 power of traffic police in Vietnam

Circular 65/2020/TT-BCA: 05 power of Vietnam traffic police (Illustration)

First: 04 cases where Vietnam traffic police have the authority to stop vehicles to check documents even without detecting a violation

According to the regulations in Article 16 Circular 65/2020/TT-BCA, Vietnam traffic police on patrol and control missions according to the plan are authorized to stop vehicles for inspection in the following 04 cases:

- Directly detect or through equipment, professional technical means, detect and record violations of road traffic laws and other legal violations;

- Execute orders, general control plans of road traffic, patrol, control plans, and specialized violation handling plans approved by competent authorities;

- A written request from the Head, Deputy Head of the investigative body; a written request from relevant functional agencies to stop vehicles for inspection to ensure security, order, fight against crime, and other legal violations. The written request must specify the time, route, vehicle to be stopped for inspection, handling, and the coordinating force;

- Reports, reflections, recommendations, and denunciations from organizations or individuals about legal violations of people and road traffic vehicles.

Thus, according to the above regulation, Vietnam traffic police have the right to stop vehicles to check documents if the driver falls into one of the 04 cases. However, if imposing a penalty, the Vietnam traffic police must prove the driver's violation.

Second: Vietnam traffic police are allowed to wear plain clothes when monitoring through professional technical means

Pursuant to Clause 1 of Article 11 Circular 65/2020/TT-BCA, the uniform requirements for Vietnam traffic police on patrol, control, and handling violations of road traffic vehicles are as follows:

- Vietnam traffic police on patrol, control, and handling violations must wear police uniforms and badges as prescribed by the Ministry of Public Security. When monitoring at night or in conditions of fog, bad weather limiting visibility, they must wear reflective vests;

- In case of monitoring through professional technical means, a section of Vietnam traffic police wearing plain clothes is deployed to operate, use professional technical means, monitor traffic order, safety, and detect legal violations of road traffic and other laws. When violations are detected, it must be immediately reported to the public patrol and control unit for inspection and handling;

- The Head of the Department of Road Traffic Patrol and Control Guidance under the Vietnam traffic police Department, the Head of the Vietnam traffic police Department, the Head of district-level town, district police, cities under provincial and centrally-affiliated cities' authority make decisions on wearing police uniforms or plain clothes when using professional technical means and must clearly state in the patrol and control plan.

Thus, Vietnam traffic police are allowed to wear plain clothes to operate, use professional technical means, monitor traffic order, safety, and detect legal violations of road traffic and other laws. The wearing of plain clothes must be clearly stated in the patrol and control plan and decided by the Head of the Department of Road Traffic Patrol and Control Guidance under the Vietnam traffic police Department, the Head of the Vietnam traffic police Department, the Head of district-level town, district police, cities under provincial and centrally-affiliated cities' authority.

Third: Vietnam traffic police can mobilize other vehicles in urgent cases

Specifically, Clause 2 of Article 8 in Circular 65/2020/TT-BCA regulates that Vietnam traffic police can request agencies, organizations, and individuals to cooperate, support in solving accidents, congestion, and other road traffic order, safety interruptions. In urgent cases to protect national security, ensure social order, safety or to prevent ongoing or likely social damage, Vietnam traffic police on patrol, control missions can mobilize transportation means, communication means, other means from agencies, organizations, individuals, and people operating those means. The mobilization is executed directly or in writing.

Therefore, it can be seen that Vietnam traffic police have the right to mobilize other vehicles in urgent cases to protect national security, ensure social order, safety or to prevent ongoing or likely social damage.

Fourth: Vietnam traffic police can penalize violations through videos on social media

According to Article 24 of Circular 65/2020/TT-BCA, Vietnam traffic police receive and verify information, images reflecting road traffic safety violations from the following sources:

- Recorded by devices from organizations, individuals (not professional technical means);- Posted on mass media, social networks.

Note: Information, images used for verification and detection of administrative violations must reflect objectively, clearly about time, location, subject, and violation act regulated by the Government of Vietnam’s decree on administrative penalty in road and railway traffic, and still within the time frame for administrative penalty per administrative violation handling laws.

Therefore, after receiving information, images, Vietnam traffic police must consider, classify, and if ensuring the above conditions, they must record into the log and report to the unit's head with authority to perform as follows:

- In case the information, image belongs to the unit's responsible route, territory, they organize force to stop vehicles, inspect, detect violations, handle according to regulations. If unable to stop the vehicle for inspection or the reported violation has ended, implement verification and handling measures as per legal regulations;

- In case it does not belong to the unit's responsible route, territory, notify the competent Vietnam traffic police unit for verification and handling measures according to legal regulations.

Fifth: District-level Vietnam traffic police can penalize traffic violations on national highways

Specifically, Clause 2 of Article 6 in Circular 65/2020/TT-BCA regulates district-level Vietnam traffic police to organize forces, patrol, control, handle violations on road traffic routes within administrative boundaries, including:

- National highways, segments of national highways not on key national highway routes, complex road traffic safety segments;

- Segments of key national highways, complex road traffic safety highways passing through district-level towns, cities, commune-level towns within districts according to the plan of provincial-level police directors, Vietnam traffic police Department heads;- Provincial routes; district routes; commune routes; dedicated roads; urban roads not under centrally affiliated cities;- Coordinate with Vietnam traffic police Department to patrol, control, handle violations on road traffic routes within administrative boundaries according to the plan of provincial-level police directors, Vietnam traffic police Department heads.

Thus, based on the above regulation, district-level Vietnam traffic police are authorized to control, handle on certain segments of national highways as assigned by the Vietnam traffic police Department or provincial, city Vietnam traffic police Department.

Ty Na

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