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When are traffic police allowed to commandeer citizens' vehicles?
According to Clause 3, Article 8 of Circular 32/2023/TT-BCA, in urgent cases to protect national security, ensure social order and safety, or to prevent or mitigate ongoing or potential harm to society, traffic police officers on patrol and control duty may mobilize vehicles, communication equipment, and other means of transport belonging to agencies, organizations, and individuals, as well as the drivers and users of those vehicles, in accordance with the Law on the People's Police. This mobilization may be carried out through direct request or written authorization.
Therefore , only in urgent cases to protect national security, ensure social order and safety, or to prevent or mitigate potential harm to society, will traffic police officers on patrol and control duty be authorized to mobilize citizens' vehicles, and this mobilization can be done directly or in writing.
Content of traffic police patrols and inspections.
Specifically, Article 12 of Circular 32/2023/TT-BCA stipulates the content of traffic police patrols and inspections as follows:
(1) Patrol content
- Observe and monitor traffic order and safety on road routes; prevent traffic violations, accidents, and congestion; maintain road traffic order and safety;
- Detect, prevent, and handle violations of road traffic laws and other laws as prescribed;
- Ensuring traffic safety and order, as well as security and public order on road transport routes;
- To assist and support people and vehicles participating in road traffic when necessary;
- Perform other tasks assigned by competent authorities as prescribed.
(2) Control content
- Checking documents related to people and vehicles, including:
Driving license; Certificate of training in road traffic law; License or certificate for operating specialized motorcycles; Vehicle registration certificate or certified copy of vehicle registration certificate with the original valid receipt from a credit institution (during the period the credit institution holds the original vehicle registration certificate); Certificate of inspection, technical safety and environmental protection inspection sticker, Confirmation of the validity period of the inspection certificate and inspection sticker (for types of vehicles that are required to be inspected); Certificate of compulsory civil liability insurance for motor vehicle owners and other necessary related documents as prescribed (hereinafter collectively referred to as documents).
Once the databases are connected to the electronic identification and authentication system, and the information about the status of the documents is determined, control through checking and comparing the information of those documents in the electronic identification account has the same value as directly checking the documents;
- Control the traffic conditions of vehicles.
The inspection will be conducted in a sequential manner from front to back, left to right, outside to inside, and top to bottom, including the following aspects: external shape and dimensions, paint color, license plates on the front, rear, and sides of the vehicle; technical safety and environmental protection conditions of road motor vehicles and specialized vehicles as prescribed;
- Monitoring compliance with legal regulations on road transport safety.
Controlling the legality of goods, types, quantities, specifications, dimensions; items; the actual number of people transported compared to the permitted number; and safety measures in road transport.
- Control other related content in accordance with the law.
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