Positions with authority to approve the installation and use of professional technical means and equipment in Vietnam

Positions with authority to approve the installation and use of professional technical means and equipment in Vietnam (Internet image)

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

1. Positions with authority to approve the installation and use of professional technical means and equipment in Vietnam

According to Clause 2, Article 12 of Decree 135/2021/ND-CP, professional technical means and equipment can only be installed and used when there is a decision and plan approved by the following positions:

- Person with authority to decide on equipment and professional technical equipment;

- Chief of Police of a district, district, town, provincial city, or city under a centrally run city (hereinafter referred to as the Chief of District Police);

Head of professional department or equivalent under the Traffic Police Department, Social Order Administrative Management Police Department, Fire Prevention and Fighting Police Department and Rescue;

Heads of professional departments under the Provincial Police and centrally run cities (hereinafter collectively referred to as the Provincial Police) include: Road - Railway Traffic Police, Traffic Police, Road Traffic Police, Waterway Police (hereinafter collectively referred to as Traffic Police), Police investigating drug crimes, Police investigating crimes related to social order, Police investigating crimes related to corruption, economics, smuggling, Police administrative management of social order, Environmental Crime Prevention and Control Police, Fire Prevention and Fighting Police and Rescue, Immigration Management, Mobile Police;

Chief Inspector of Provincial Police; Commander of the Mobile Police Regiment; Director of Provincial Police; Directors of Departments: Traffic Police, Environmental Crime Prevention Police, Fire Prevention and Fighting Police and Rescue, Drug Crime Investigation Police, Police investigating crimes related to social order, Police investigating crimes related to corruption, economics, smuggling, Police administrative management of social order, Immigration management; Commander of Mobile Police; Chief Inspector of the Ministry of Public Security;

- Chief Inspector of the Department of Transport; Directors of Port Authorities: Inland waterways, maritime, and aviation; Director of the Department of Transport; Chief Inspector of the Ministry of Transport; Directors of Departments: Vietnam Railways, Vietnam Inland Waterways, Vietnam Maritime, and Vietnam Aviation; Director of the Road Management Department under the Directorate for Roads of Vietnam; Director General of Vietnam Road Administration;

- Chief Inspector of the Department of Natural Resources and Environment; Director of the Department of Natural Resources and Environment; Chief Inspector of the Ministry of Natural Resources and Environment; Director General of the General Department of Environment;

- Head of the Drug and Crime Prevention Task Force under the Drug and Crime Prevention Department under the Border Guard Command; Commander of the Provincial Border Guard; Captain of the Border Guard Squadron; Director of the Drug and Crime Prevention Department under the Border Guard Command;

Commander of the Border Guard; Captain of the Coast Guard Squadron; Captain of the Reconnaissance Group; Head of the Drug Crime Prevention Task Force of the Vietnam Coast Guard Command; Commander of the Coast Guard Region; Director of the Department of Professional Affairs and Law under the Vietnam Coast Guard Command; Commander of Vietnam Coast Guard;

- Chief Inspector of the Department of Health; Director of Health Facilities; Chief Inspector of the Ministry of Health; Director of the Department of Preventive Medicine; Director of the Department of Health Environmental Management;

- Heads of Branches: Customs, Post-clearance Inspection; Directors of Departments: Anti-smuggling Investigation, Post-Customs Clearance Inspection, Provincial, Inter-provincial, and Centrally-run City Customs; Director General of the General Department of Customs;

- Leader of the Market Management Team; Directors of Departments: Market Management Operations, Safety Engineering and Industrial Environment, Provincial Market Management, Interprovincial Market Management, and Centrally-run Cities; Director General of the General Department of Market Management;

- Chief Inspector of the Department of Agriculture and Rural Development; Heads of Branches: Forest Ranger, Regional Forest Ranger, Regional Fishery Ranger; Director of the Department of Agriculture and Rural Development; Directors of Departments: Forest Ranger, Fisheries Ranger; Directors General of General Departments: Forestry and Fisheries; Chief Inspector of the Ministry of Agriculture and Rural Development;

- Chief Inspector of the Department of Labor, War Invalids, and Social Affairs; Director of the Department of Labor, War Invalids, and Social Affairs; Chief Inspector of the Ministry of Labor, War Invalids, and Social Affairs;

- Chief Inspector of the Department of Education and Training; Director of the Department of Education and Training; Chief Inspector of the Ministry of Education and Training;

- Chief Inspector of the Department of Science and Technology; Director of the Department of Science and Technology; Chief Inspector of the Ministry of Science and Technology; Director General of the Directorate for Standards, Metrology, and Quality.

2. Requirements for using technical and professional equipment and facilities in Vietnam

According to Clause 1, Article 12 of Decree 135/2021/ND-CP, the use of professional technical means and equipment complies with the provisions of Article 64 of the Law on Handling of Administrative Violations, the law on the management and use of public assets, and the following requirements:

- For professional technical means and equipment that must be inspected, calibrated, tested, and compared according to the provisions of the law before being put into use, they must be inspected, calibrated, tested, and compared according to the law.

Ministers and heads of ministerial-level agencies shall promulgate a list of professional technical means and equipment that must be inspected, calibrated, tested, and compared before being put into use;

- Vehicles and professional technical equipment are arranged fixedly or mobilely on routes and areas to detect administrative violations.

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