Regulations on conducting control by the Water Police in Vietnam

Regulations on conducting control by the Water Police in Vietnam (Internet image) 

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

1. Regulations on conducting control by the Water Police in Vietnam

Regulations on conducting control by the Water Police in Vietnam according to Article 10 of Circular 68/2020/TT-BCA are as follows:

(1) Traffic control:

- After issuing the order to stop the vehicle, officers of the patrol and control team shall guide the means to land, dock at the pier (if checking in at the station), or park side-by-side with the patrol and control vehicle.

In case the inspected vehicle has a deep draft, complicated terrain, a narrow or shallow channel, or it is difficult to stop the vehicle, notify vehicle drivers to slow down and control the patrolling and side pressure control vessels of the vehicles to be controlled;

- The team leader or team member assigned to the vehicle may, depending on the specific case, perform a greeting gesture according to the People's Police Ordinance, introduce their full name, ranks, positions, and working units; notify the reason, content of the control and request that the subject comply with the control; conduct the control according to regulations;

- Contents and methods of control on vehicles:

+ Control documents of vehicles, crew members, passengers on vehicles, goods carried on vehicles, and other relevant documents as prescribed. When controlling documents, they must compare them with reality and determine the legality of documents;

+ Control technical safety conditions and environmental protection of vehicles: by observation, actual comparison with the vehicle's documents, or by technical equipment, when necessary to check the database or request a professional assessment agency;

+ Transport safety control: the vehicle's sinking compared to the safe draft mark; type, volume, quantity, specification, size of goods and objects, actual number of people compared to the vehicle's carrying capacity; and measures to ensure safety in transport activities;

+ Control other relevant contents as prescribed by law;

+ When controlling, there must be a representative of the vehicle owner, a captain, or the operator of the vehicle. In the absence of the above persons, the control must have a representative of the local authority where it is located, or at least one witness;

- In case of controlling means of transporting flammable substances, explosives, toxic substances, or other dangerous goods, measures must be taken to safely move the vehicles away from residential areas or empty places to conduct control; in necessary cases, it is necessary to request specialized agencies to participate in inspection activities.

(2) Control standards and conditions for ensuring the safety of inland waterway transport infrastructure:

- For inland waterway infrastructure, to inspect the inland waterway signaling system, safety situation of navigation channels, channel protection corridors, works, ports, inland waterway terminals, and other related works to detect violations and handle them in accordance with the law;

- When detecting a channel, route, or signaling system that has changed compared to the design, announced by the waterway management agency, or abnormal changes, must promptly record and propose to the management agency or unit to take remedial measures to ensure traffic order and safety;

- In case dangerous obstacles are detected that directly affect safety on the channel, the inspection team shall set up temporary signals, regulate traffic, and immediately notify the waterway management agency to place traffic guidance signals;

Coordinate with waterway management agencies to identify obstacle owners, request to place and keep signals, determine time, and measure to be salvaged and cleared to ensure traffic safety and handle violations according to the law.

(3) After controlling, the patrol and control team shall notify relevant persons of the control results, violations, and administrative sanctions (if any), and handle violations or report them to the person competent to handle violations according to the provisions of law.

In case it is discovered that an inland waterway construction, port, or wharf is not safe and the representative of the project, port, or inland waterway terminal is absent, make an inspection record in the presence of a representative of the grassroots administration or at least one witness; notify the project management unit, and schedule the working time as prescribed.

2. Regulations on traffic police stop orders in Vietnam

Regulations on orders to stop means of water police according to Article 9 of Circular 68/2020/TT-BCA are as follows:

- When stopping a vehicle for control, it must be based on the density of vehicles participating in traffic, the situation and characteristics of traffic flows and routes to ensure safety and normal circulation of other vehicles.

- The signal to stop the vehicle for control is done as follows:

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

+ At night, point the signal towards the vehicle to be controlled, emit a long flash, a short flash, and a long flash, and at the same time pronounce a long, short, and long sound;

+ In addition to the above command, it is possible to combine the use of loudspeakers to guide the vehicle to stop or slow down for control.

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