Circular No. 63/2024/TT-BCA dated November 12, 2024 on inspection, control, and handling of law violations concerning railway traffic by the traffic police
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MINISTRY OF PUBLIC SECURITY OF VIETNAM |
SOCIALIST REPUBLIC OF VIETNAM |
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No. 63/2024/TT-BCA |
Hanoi November 12, 2024 |
INSPECTION, CONTROL, AND HANDLING OF LAW VIOLATIONS CONCERNING RAILWAY TRAFFIC BY TRAFFIC POLICE
Pursuant to the Law on Railway Transport dated June 16, 2017;
Pursuant to the Law on People’s Public Security Force dated November 20, 2018; the Law on amendments to the Law on People’s Public Security Force dated June 22, 2023;
Pursuant to the Law on Penalties for Administrative Violations dated June 20, 2012; Law on Amendments to the Law on Penalties for Administrative Violations dated November 13, 2020;
Pursuant to Decree No. 100/2019/ND-CP dated December 30, 2019 of the Government of Vietnam on penalties for administrative violations concerning road traffic and railway traffic; Decree No. 123/2021/ND-CP dated December 28, 2021 of the Government of Vietnam on amendments to Decrees on administrative penalties for maritime offenses; road traffic offenses and railway transport offenses; civil aviation offenses;
Pursuant to Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government of Vietnam elaborating on several articles and implementation measures of the Law on Handling of Administrative Violations;
Pursuant to Decree No. 135/2021/ND-CP dated December 31, 2021 of the Government of Vietnam on lists and management and use of professional technical equipment and devices and processes for collecting and using data collected from technical equipment and devices provided by organizations and individuals for detection of administrative violations;
Pursuant to Decree No. 01/2018/ND-CP dated August 6, 2018 of the Government of Vietnam on functions, tasks, entitlements, and organizational structure of the Ministry of Public Security of Vietnam;
At the request of the Director of the Traffic Police Department;
The Minister of Public Security of Vietnam hereby promulgates a Circular on the inspection, control, and handling of law violations concerning railway traffic by the traffic police.
This Circular provides for the principles, tasks, entitlements, uniforms, professional technical equipment and devices, weapons, combat gear, and content and procedures for inspection, control, and handling of law violations concerning railway traffic of the traffic police.
This Circular applies to:
1. Commissioned officers and non-commissioned officers specializing in traffic police operations (hereinafter referred to as “traffic police officers”) carrying out tasks of inspecting, controlling, and handling law violations concerning railway traffic; other relevant forces in the People’s Public Security Force.
2. The police of specific units and local authorities.
3. Agencies, organizations, and individuals relevant to the inspection, control, and handling of law violations concerning railway traffic of the traffic police.
1. Complying with the Law on Railway Transport 2017, Law on Handling of Administrative Violations 2012 (amended in 2020), this Circular, and relevant laws.
2. Properly and adequately carrying out assigned tasks under regulation and plans for inspection and control issued by competent authorities; exercising democracy in the assurance of traffic order and safety; complying with the code of conduct and regulations of the People’s Public Security Force.
3. Detecting and preventing law violations concerning railway traffic and other law violations promptly according to the prescribed procedures and jurisdiction.
Section 1. TASKS AND ENTITLEMENTS OF TRAFFIC POLICE IN INSPECTION AND CONTROL OF RAILWAY TRAFFIC
Article 4. Tasks of traffic police in inspection and control of railway traffic
1. Implement orders and plans for inspection, control, and handling of violations issued by competent authorities.
2. Inspect, control, and handle violations and ensure railway traffic security, order, and safety within the assigned routes and areas.
3. Promptly detect, prevent, and handle law violations concerning railway traffic and other law violations and ensure order and security as per regulation; cooperate with relevant agencies and units in detecting and preventing violations against the regulations on the protection of railway works and railway traffic safety corridors.
4. Cooperate in investigating, verifying, and settling railway traffic accidents according to the law and regulations of the Ministry of Public Security of Vietnam.
5. Take charge or cooperate with units inside or outside the People’s Public Security Force in the prevention and combat against crimes and other law violations on railway traffic routes. Participate in the prevention and combat against terrorism and rioting protests; prevention, control, preparation, and management of epidemics and natural resources; fire prevention, firefighting, and rescue on railway traffic routes as per regulation.
6. Cooperate with relevant agencies, organizations, and units in the assurance of safety, order, and security of railway operations.
7. Provide assistance and support for railway traffic participants in necessary cases.
8. Through the inspection, control, and handling of violations:
a) Detect loopholes, shortcomings, and deficiencies in the state management of railway operations to submit reports and proposals to competent authorities for requesting functional agencies to adopt remedial measures promptly;
b) Instruct, disseminate, and mobilize people to participate in ensuring railway traffic safety and order and comply with the law on railway traffic.
9. Perform other tasks of the People’s Public Security Force as prescribed by laws.
Article 5. Entitlements of traffic police in inspection and control of railway traffic
1. Inspect and control people and traffic vehicles relevant to railway traffic operations according to the Law on Railway Transport 2017 and relevant laws.
2. Apply measures to prevent and handle administrative violations concerning railway traffic and other law violations and ensure order and security as per regulation.
3. In case of emergencies, to protect national security and ensure social order and safety or to prevent the current or potential consequences of damage to society, traffic police officers carrying out tasks of inspection and control may mobilize traffic vehicles and contact equipment of agencies, organizations, individuals, and drivers for use under the Law on People’s Public Security Force 2018 (amended in 2023). The mobilization shall be carried out in person or writing.
4. Be entitled to equip and use road traffic vehicles; professional technical devices and equipment; weapons and combat gear; contact equipment; other technical equipment according to the Law on Handling of Administrative Violations 2012 (amended in 2020); the Law on Management and Use of Weapons, Explosives, and Combat Gear 2014; relevant laws and regulations of the Ministry of Public Security of Vietnam.
5. Implement other entitlements of the People’s Public Security Force as prescribed by laws.
Article 6. Uniforms of traffic police during inspection and control of railway traffic
1. When carrying out inspection and control tasks, traffic police officers shall use police uniforms and crossed belts as per regulation.
Where the inspection and control are carried out through professional technical equipment and devices, it is permitted to arrange a traffic police department in civilian clothes.
2. Tasks of traffic police officers in civilian clothes
a) Operate and use professional technical devices and equipment, supervise traffic order and safety, and detect law violations concerning railway traffic and other law violations. Upon the detection of violations, immediately issue notices to departments of officials for public inspection and control (in police uniforms) to inspect, control, and handle violations;
b) In case of detecting severe violations of railway traffic and social order and security that will cause dangerous consequences to society, damage to the property of agencies, organizations, and individuals, or harm to the life and health of traffic participants if they are not prevented promptly, use the People’s Public Security identity cards to notify and mobilize people to cooperate and immediately prevent the violations; notify and cooperate with departments of officials for public inspection and control and relevant forces in settling the violations on site or bringing perpetrators to the nearest police headquarters for settlement.
3. Heads of divisions guiding the patrol and control of road and railway traffic of the Traffic Police Department (hereinafter referred to as “Heads of divisions guiding the patrol and control of road and railway traffic”), Heads of traffic police divisions, Heads of Police Departments of districts, district-level towns, district-level cities, and centrally affiliated cities (hereinafter referred to as “Heads of Police Departments of districts”) shall decide on the use of police uniforms or civilian uniforms when using professional technical equipment and devices, specifying them in plans for inspection and control.
1. Equipped road traffic vehicles include: automobiles, motorcycles; specialized vehicles with installed lights and horns emitting signals of priority according to the law under the following forms:
a) An automobile shall have a phrase that reads “CẢNH SÁT GIAO THÔNG” (TRAFFIC POLICE) made of reflective materials, sized 10cm x 10cm, 3cm stroke, and balanced on both sides of the vehicle; a phrase that reads “TRAFFIC POLICE” on both front doors, made of reflective materials with a maximum font size of two-thirds of the font size of the phrase “CẢNH SÁT GIAO THÔNG” and traffic police badges between “TRAFFIC” and “POLICE”. Depending on the vehicle type and the color of the vehicle, it is permitted to arrange the distance between letters, words, and colors of words (blue or white) in a balanced and conformable manner;
b) A motorcycle shall have a phrase that reads “C.S.G.T” on both sides of the gas tank, both sides of the frame, or on both trunks and a phrase that reads “TRAFFIC POLICE” below such trunks, made of reflective materials; the maximum font size of the “TRAFFIC POLICE” shall be two-thirds of the font size of the phrase “C.S.G.T”. Depending on the vehicle type and the color of the vehicle, it is permitted to arrange the size of the letters, words, and colors of words (blue or white) in a balanced and conformable manner;
a) A specialized vehicle shall have a phrase that reads “CẢNH SÁT GIAO THÔNG” (TRAFFIC POLICE) made of reflective materials, sized 10cm x 10cm, 3cm stroke, and balanced on both trunks or both sides of the frame of the vehicle; a phrase that reads “TRAFFIC POLICE” on both front doors, made of reflective materials with a maximum font size of two-thirds of the font size of the phrase “CẢNH SÁT GIAO THÔNG” and traffic police badges between “TRAFFIC” and “POLICE”. Depending on the vehicle type and the color of the vehicle, it is permitted to arrange the distance between letters, words, and colors of words (blue or white) in a balanced and conformable manner.
2. Equipped weapons and combat gear include: guns, pepper sprays, stun batons, armors, handcuffs, and traffic command sticks.
3. Equipped and permissible professional technical equipment and devices shall comply with the Law on Handling of Administrative Violations 2012 (amended in 2020), Decree No. 135/2021/ND-CP dated December 31, 2021 of the Government of Vietnam, and the standards and norms prescribed by the Ministry of Public Security of Vietnam.
4. Contact equipment includes: handheld transceivers, phones, fax machines, computers, and printers.
5. Horns, speakers, traffic cones, signs, wires, and lights (when necessary).
6. Other professional technical equipment and devices, weapons, and combat gear under the law and regulations of the Ministry of Public Security of Vietnam.
Section 3. CONTENT AND PROCEDURES FOR INSPECTION AND CONTROL OF RAILWAY TRAFFIC
1. The Director of the Traffic Police Department shall consult with the Minister of Public Security of Vietnam on the issuance of plans or issue plans for inspection, control, and handling of law violations concerning railway traffic nationwide.
2. Directors of the Police Departments of provinces and centrally affiliated cities (hereinafter referred to as “Directors of provincial Police Departments”) shall issue plans for inspection, control, and handling of law violations concerning railway traffic within their provincial administrative boundaries.
3. Heads of divisions guiding the patrol and control of road and railway traffic; Heads of traffic police divisions; Heads of district-level Police Departments shall issue plans for inspection, control, and handling of law violations concerning railway traffic within their assigned and authorized routes and areas according to regulations of the Ministry of Public Security of Vietnam.
4. Heads of railway traffic police teams, traffic police teams, traffic-order police teams, and traffic police stations shall implement plans for inspection, control, and handling of law violations concerning railway traffic for their affiliated traffic police groups (following the form prescribed by the Ministry of Public Security of Vietnam).
5. The police of specific units and local authorities with equipped databases on the management of inspection and control shall develop, approve, and archive plans online.
1. Heads of traffic police groups shall, before the implementation of plans, disseminate plans and relevant contents to their members; inspect the preparation for the inspection, control, and handling of violations; take a roll-call of troops; inspect uniforms, People’s Public Security identity cards (when arranging officials in civilian clothes), regulations of the People’s Public Security Force, road traffic vehicles; professional technical equipment and devices, weapons and combat gear, relevant forms and other technical equipment; issue orders to implement tasks when conditions are met according to specific requirements and safety is ensured.
2. Group members shall grasp the content of plans, tasks, and contact methods and proactively implement the preparation under assignments by the Heads.
3. Road traffic vehicles, professional technical equipment and devices, weapons and combat gears, and other technical equipment equipped to road traffic groups shall be managed and used as per regulation and specifically listed in books of delivery and use of road traffic vehicles, professional technical equipment and devices, and weapons and combat gear (following forms prescribed by the Ministry of Public Security of Vietnam).
Article 10. Implementation of inspection and control of railway traffic
1. When inspecting and controlling railway traffic participants and railway employees directly serving the train operations, traffic police officers with assigned inspection and control tasks shall:
a) Salute according to the regulations of the People’s Public Security Force (excluding cases where the officers know that the concerned persons commit acts with signs of crimes, commit busted crimes, or are wanted or sought after). When interacting with persons with law violation acts, traffic police officers shall maintain the correct posture, etiquette, manners, and appropriate behaviors;
b) Notify the persons subject to the inspection and control of the reasons for the inspection and control; request the presentation of relevant documents according to the regulations on inspection and control.
Where persons subject to the inspection and control present the paper copies of documents, inspect and compare such documents, and look up the information relevant to such documents in the database on administrative violation handling concerning traffic order and safety and other databases;
Where persons subject to the inspection and control present the information of documents integrated and updated in e-identification and e-identification accounts on the national identification application or in the database managed by the Ministry of Public Security of Vietnam, carry out the inspection and control through the information of the e-identification accounts on the national identification application or the database; such information shall have the same value as the paper copies.
2. Inspect and control the content prescribed in Article 11 of this Circular.
3. At the end of the inspection and control, the traffic police officers shall notify the Heads of the results of the inspection and control; notify the persons subject to the inspection and control and relevant persons of the results of the inspection and control, violations (if any), and handling measures.
4. Upon grounds to assume that traffic participants, transport vehicles, or items have evidence, instruments, or documents used for administrative violations, it is permitted to search such persons, vehicles, and items according to the law on administrative violation handling.
5. When detecting signs of crimes, comply with the law on criminal procedures.
Article 11. Content of inspection and control of railway traffic
The content of the inspection and control shall comply with the Law on Railway Transport 2017, Decree No. 100/2019/ND-CP dated December 30, 2019 of the Government of Vietnam, Decree No. 123/2021/ND-CP dated December 28, 2021 of the Government of Vietnam, and the following regulations:
1. Inspection and control of compliance with regulations on railway traffic signals and rules.
2. Inspection and control of compliance with regulations on railway infrastructure protection.
3. Inspection and control of traffic participation conditions of railway traffic vehicles, instruction information, equipment serving passengers, and safety equipment on railway traffic vehicles.
4. Inspection and control of conditions prescribed for railway employees directly serving train operations during work.
5. Inspection and control of compliance with regulations on railway traffic safety assurance by railway employees when carrying out assigned responsibilities and tasks.
6. Inspection and control of compliance with traffic rules at same-level intersections of roads and railways, general bridges of roads and railways, railway tunnels, and within the safety corridors of railway traffic.
7. Inspection and control of compliance with regulations on traffic safety, order, and security assurance on railway routes of organizations and individuals.
8. Inspection and control of compliance with regulations on the transport of passengers, luggage, and goods on railways; compliance with regulations on loading capacity and transport of oversized and overweight cargo.
1. Traffic police officers shall use professional technical equipment and devices to detect and collect acts of law violations concerning railway traffic.
2. Results collected by using professional technical equipment and devices are photos, images, printed forms, measurements, and data archived in the memory of professional technical equipment and devices that are made into statistics, listed, and printed into photos or recordings of violations archived in administrative violation records according to the law and regulations of the Ministry of Public Security of Vietnam regarding record work.
3. When professional technical equipment and devices detect and collect information or images on law violations concerning railway traffic, persons competent to impose fines shall:
a) Arrange forces to inspect, control, and handle violations as per regulation. Where perpetrators request to view the collected information, images, or results of the violations, traffic police groups shall show them on-site. Where information, images, and results are unavailable at the inspection and control location, instruct perpetrators to view them at the headquarters when they come for violation handling;
b) Where inspection, control, and handling of violations are yet to be carried out, comply with Article 18 of this Circular.
1. Upon the detection of administrative violations during the inspection and control, on-duty officers shall promptly enforce the termination of violations, formulate administrative violation reports, and decide to impose fines according to their jurisdiction or transfer cases to sanctioning authorities as per regulation.
2. Where it is necessary to prevent administrative violations promptly or to ensure the handling of administrative violations, Heads of traffic police groups shall consider issuing decisions within their jurisdiction or submit reports to persons competent to decide on the application of measures to prevent and ensure the handling of administrative violations according to the law on administrative violation handling; when necessary, request relevant functional forces to cooperate in the implementation. Decisions on the application of measures to prevent and ensure the handling of administrative violations shall not affect train operations.
3. Where documents relevant to people and traffic vehicles are integrated and updated in e-identification and e-identification account on the national identification application or the database managed by the Ministry of Public Security of Vietnam, when applying measures to confiscate documents, competent persons shall confiscate documents online and update information on the confiscation of such documents to the database on administrative violation handling and synchronize with the national identification application for perpetrators’ acknowledgment and compliance with the law on railway traffic order and safety and in service of functional forces competent to inspect, control, and handle violations.
Types of reports and decisions of competent persons in the confiscation and return of documents shall comply with forms prescribed by the law; reports and decisions may be formulated and sent online on the national identification application and other electronic information systems and applications if technical conditions for implementation are met.
4. Administrative violation reports shall be formulated following pre-printed forms or on the database on administrative violation handling; perpetrators shall be requested to provide contact phone numbers (if any) to receive sanctioning information through the National Public Service Portal or the Public Service Portal of the Ministry of Public Security of Vietnam (hereinafter referred to as “Public Service Portals”). The delivery of administrative violation reports to perpetrators shall comply with Article 58 of the Law on Handling of Administrative Violations 2012 (amended in 2020) and Article 12 of Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government of Vietnam.
5. The imposition of fines for violations of traffic rules at same-level intersections of roads and railways, general bridges of roads and railways, and within the safety corridors of railway traffic shall be as follows:
a) The imposition of fines for violations by people and road traffic vehicles at same-level intersections of roads and railways shall comply with the processes for patrolling, controlling, and handling administrative violations concerning road traffic;
b) The imposition of fines for violations by railway employees and relevant perpetrators shall comply with Clauses 1, 2, 3, and 4 of this Article.
6. Cooperation in investigating, verifying, and settling railway traffic accidents
Traffic police groups on tasks of inspection and control that detect railway traffic accidents or are assigned to come to railway traffic accident sites by leaders shall urgently implement on-site forces and carry out tasks of traffic police officers assigned to come to railway traffic accident sites according to the regulations of the Ministry of Public Security of Vietnam on the assignment of responsibilities and cooperative relations in investigation and settlement of traffic accidents and the processes for investigating and settling railway traffic accidents of traffic police forces.
Article 14. Recording of planning books and logs of inspection and control of railway traffic
1. Settled cases shall be immediately written into planning books and logs of inspection and control of railway traffic following the forms prescribed by the Ministry of Public Security of Vietnam (concise, clear, and continuous in chronological order).
2. Regarding violations: write the time (hour, minute, and date); location (kilometric point, geographic name, route, and area); inspection of the traffic vehicle, license plate, and registration number; inspected entity; violations; handling measures of the traffic police, including warnings, decisions on warnings, fines (specify the decision number), formulated administrative violation reports (specify the report number), preventive measures, and other applied measures.
3. Regarding traffic accidents, traffic jams, criminal activities, and other incidents: specify the time (hour, minute, date) and location (kilometric point, geographical name, route, and area) where the incident occurs; summary of the incident; settlement results; cooperative forces (if any).
Article 15. End of inspection and control of railway traffic
At the end of the inspection and control, traffic police groups shall carry out the following work:
1. Heads shall hold group meetings to learn from experience, make comments, assess strengths and shortcomings, propose ideas, write into planning books and logs of inspection and control of railway traffic the situations of railway traffic order and safety, results of the inspection and control, violation handling, other relevant issues, proposals, and suggestions, and sign confirmations.
2. Formulate reports on the situations and results of the inspection and control.
3. Hand over the following to their managers: administrative violation records and relevant documents; evidence and confiscated instruments; on-site fines; documents and images collected by professional technical equipment and devices or other equipment; road traffic vehicles; professional technical equipment and devices; weapons, combat gear, and other equipment. The handover shall be written in books following the forms prescribed by the Ministry of Public Security of Vietnam; the persons carrying out the handover and recipients shall provide signatures with full names and assume responsibility before Heads of units for the delivery.
Section 4. SETTLEMENT AND HANDLING OF VIOLATIONS AT UNIT HEADQUARTERS
Article 16. Arrangement of officials and locations for settlement and handling of violations
1. The police of specific units and local authorities shall arrange officials and locations for the settlement and handling of violations according to the law and regulations of the Ministry of Public Security of Vietnam.
2. Locations for violation settlement shall be arranged at convenient places with conformable areas, dignified atmosphere, and seats for people coming in for settlement; have diagrams showing workplace instructions and citizen reception schedule; title plates of on-duty officials; phone numbers; citizen reception regulations; suggestion boxes and documents relevant to the inspection, control, and handling of law violations concerning railway traffic.
Article 17. Procedures for settling and handling violations
1. When perpetrators come for violation handling:
a) Receive administrative violation reports from perpetrators and compare them to violation records (where administrative violation reports are lost, carefully compare the information on the records of perpetrators with violations records); refuse to settle cases with intermediaries (excluding cases of authorization under the law) or outside of the prescribed place for administrative violation settlement of units. Regarding cases requiring verification, report and request competent persons to carry out the verification;
b) Notify the sanctioning forms, fines, preventive measures, other measures, and results collected from professional technical equipment and devices as per regulation.
Where licenses or practicing certificates are integrated and updated in e-identification and e-identification accounts on the national identification application of the database managed by the Ministry of Public Security of Vietnam, the rights to use such licenses and certificates shall be revoked. Competent persons shall carry out the revocation of documents online, update the information on the revocation of the rights to use licenses and certificates on the database on administrative violation handling, and synchronize the information with the national identification application and the database managed by the Ministry of Public Security of Vietnam for perpetrators’ acknowledgment and compliance according to the law on railway traffic safety and order and in service of functional forces competent to inspect, control, and handle violations;
c) Hand over the decisions to impose fines for administrative violations to the fined persons or the legal representatives or authorized persons of the fined persons;
d) Receive, inspect, and compare the fine receipts (or other documents on collection and payment of fines according to the law) with the administrative violation records and archive such records;
dd) Return the confiscated evidence, instruments, and documents and revoke use rights under administrative procedures for fined persons. Where the documents contain information subject to confiscation or use right revocation on the national identification application or the database managed by the Ministry of Public Security of Vietnam, competent persons shall issue decisions and prepare reports to return documents to fined persons while making updates on the database on administrative violation handling to synchronize information with the national identification application or the database managed by the Ministry of Public Security of Vietnam regarding the removal of the information on the confiscation or use right revocation of such documents.
e) In case of settlement of cases by notices on administrative violations concerning railway traffic order and safety: inspect and compare information on notices and identification documents of perpetrators; let perpetrators view the results concerning the violations collected by professional technical equipment and devices; prepare administrative violation reports and handle the violations as per regulation.
2. Where perpetrators pay fines for administrative violations through Public Service Portals
a) Persons competent to impose fines shall send the fine information to the Public Service Portals; Public Service Portals shall automatically issue notices to perpetrators for them to look up the information on decisions on fines for administrative violations through phone numbers they provided for the police agencies upon the formulation of administrative violation reports;
b) Perpetrators shall access Public Service Portals through the notified administrative sanction decision numbers or the administrative violation report numbers to look up information on administrative sanction decisions; pay the fines for administrative violations and register the return of confiscated documents through postal services;
c) Persons competent to impose fines shall look up e-receipts of the collection of fines sent by the Public Service Portals for printing and archive of administrative violation records as the grounds to return confiscated documents and remove information on the confiscation on the national identification application or the database managed by the Ministry of Public Security of Vietnam according to Point d of this Clause;
d) Persons competent to impose fines for administrative violations shall return the confiscated or revoked documents (before the period of revocation of use rights expires) to perpetrators through postal services. Where the documents contain information subject to confiscation or use right revocation on the national identification application or the database managed by the Ministry of Public Security of Vietnam, the database on administrative violation handling shall synchronize the information with the national identification application and the database managed by the Ministry of Public Security of Vietnam to remove the information on the confiscation or use right revocation of such documents.
3. Where perpetrators pay fines for administrative violations through postal services, comply with Article 20 of Decree No. 118/2021/ND-CP of the Government of Vietnam.
4. The online imposition of fines for administrative violations shall be carried out when conditions for infrastructures, technical matters, and information are met.
1. Within 10 days from the detection of violations, competent persons of police agencies where violations are detected shall:
a) Identify the vehicles, vehicle owners, and organizations and individuals relevant to administrative violations through vehicle registration agencies, the national database on population, and relevant agencies;
b) Send notices to request vehicle owners, organizations, and individuals relevant to administrative violations to come to the police headquarters where violations are detected or district-level police headquarters where they reside or are headquartered to settle the administrative violations regarding cases prescribed in Clause 2 Article 15 of Decree No. 135/2021/ND-CP. Violation notices shall be sent in the form of papers or online (when conditions for infrastructures, technical matters, and information are met).
2. When vehicle owners, organizations, and individuals relevant to administrative violations come to police agencies to settle administrative violations, persons competent to impose fines for administrative violations shall settle and handle violations in compliance with Clause 1 Article 15 of Decree No. 135/2021/ND-CP.
The process of collecting and using data (information and images) collected from technical equipment and devices provided by organizations and individuals for administrative violation detection shall comply with Chapter III of Decree No. 135/2021/ND-CP and the following regulations:
1. Traffic police units receiving and collecting data (information and images) include:
a) Divisions guiding the patrol and control of road and railway traffic;
b) Traffic police divisions;
c) Traffic-order police groups of district-level police.
2. Traffic police units prescribed in Clause 1 of this Article shall announce the locations, postal addresses, emails, web portals/websites, and hotlines of units for individuals and organizations’ acknowledgment to carry out the provision; organize 24/24 duty to receive and collect data (information and images).
3. When receiving and collecting data (information and images), traffic police officers shall assess and classify such data, if the prescribed requirements are met, write such data to the monitoring book and submit reports to competent Heads of units for implementation as follows:
a) Where data (information and images) reflects violations of railway traffic order and safety that are taking place on routes or in areas under their management, organize forces to inspect, control, detect, and handle violations. Where the reflected violations have ended, adopt measures to verify and handle as prescribed by the law;
b) Where violations are not subject to routes or areas under their management, issue notices to competent traffic police units to request the implementation of measures to verify and handle as prescribed by the law.
4. Competent Heads of units shall, based on the results of the verification prescribed in Clause 3 of this Article, issue notices and invite concerned vehicle owners, organizations, and individuals to the police agency headquarters to clarify cases.
1. Traffic police units with assigned tasks of inspecting and controlling routes and areas under their management shall cooperate with organizations assigned to manage, utilize, and maintain railway traffic infrastructures and engage in the transport business in:
a) Utilizing and using the data of the cameras for traffic management and regulation, tracking devices, and cameras installed on transport business vehicles of organizations assigned to manage, utilize, and maintain railway traffic infrastructures and engage in the transport business in service of the assurance of traffic order and safety and prevention and combat against crimes on traffic routes as prescribed by the law;
b) Receiving the results collected from technical equipment and devices (devices for measurement of the loading capacity of the wheel axles, audio and video recording devices, camera systems for traffic regulation, and cameras installed on transport business vehicles) according to Article 22 of Decree No. 135/2021/ND-CP to determine and handle administrative violations concerning railway traffic. After the result receipt, comply with Clause 3 Article 12 and Article 18 of this Circular.
2. Technical equipment and devices prescribed in Point b Clause 1 of this Article shall be managed and used under the Law on Handling of Administrative Violations 2012 (amended in 2020) and Decree No. 135/2021/ND-CP.
3. When receiving results collected from technical equipment and devices prescribed in Point b Clause 1 of this Article (photos, images, printed forms, measurements, and data archived in the memory of technical equipment and devices), record them into monitoring books, sign the delivery, and archive them in administrative violation records as per regulation.
1. This Circular comes into force as of January 1, 2025.
2. Circular No. 32/2018/TT-BCA dated October 8, 2018 of the Minister of Public Security of Vietnam shall cease to have effect from the effective date of this Circular.
3. If any legal document referred to in this Circular is amended, supplemented, or replaced, comply with its new edition.
Article 22. Implementation responsibilities
1. The Director of the Traffic Police Department shall direct, instruct, inspect, and urge the police of specific units and local authorities to implement this Circular.
2. Heads of units of agencies of the Ministry of Public Security of Vietnam and Directors of provincial Police Departments shall implement this Circular.
3. Difficulties arising during the implementation of this Circular shall be reported to the Ministry of Public Security of Vietnam (through the Traffic Police Department) for timely guidance./.
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