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Circular 32/2023/TT-BCA applies to Traffic Police officers performing patrol, control, and handling of administrative violations of road traffic; Public Security of units, localities, and agencies, organizations, and individuals related to road traffic activities.
Traffic police are allowed to stop vehicles for inspection in 4 cases from September 15.
+ Directly detect or through professional technical equipment detect and collect violations of road traffic laws and other violations of laws.
+ Implement orders and plans for general vehicle control to ensure road traffic order and safety and social order; plans for patrolling, controlling and handling violations according to the topic of ensuring road traffic order and safety and social order issued by competent authorities.
+ There is a written request from the Head or Deputy Head of the investigation agency; a written request from a relevant competent authority to stop a vehicle for inspection to serve the work of ensuring security and order; fighting and preventing crimes; preventing and combating natural disasters, fires and explosions; preventing and combating epidemics; rescuing and other violations of the law.
The request document must specifically state the time, route, means of transport stopped for control, handling, and participating forces.
+ There are reports, reflections, recommendations, and denunciations from organizations and individuals about violations of the law by people and vehicles participating in road traffic.
Decentralization of patrol and control areas
Regarding the routes, areas of patrol, control, and violation handling of the Traffic Police Department, the Circular stipulates that the Traffic Police Department directs the department to guide patrols, control road and railway traffic, arrange forces, organize patrols, and handle violations on highways passing through the administrative boundaries of two or more provinces or cities.
If necessary, organize forces to directly implement or preside over, coordinate with police units, localities, and related forces to patrol, control, and handle violations on road traffic routes nationwide according to the plan issued by the Director of the Traffic Police Department or higher.
For routes, areas of patrol, control, and violation handling of the Provincial and Municipal Police: The Traffic Police Department arranges forces, organizes patrols, and handles violations on road traffic routes within the administrative boundaries of the locality, including:
Expressways are only located within the administrative boundaries of one province or city.
Key national highways, national highways with complicated traffic order and safety situations (including bypasses); road traffic routes that play an important role in socio-economic development, ensuring security and national defense in the locality.
Urban routes in the city include main routes; routes with complicated traffic order and safety situations.
If necessary, organize forces to directly implement or preside over, coordinate with district, county, town, city police, and related forces to patrol, control, and handle violations on road traffic routes according to the plan issued by the provincial or municipal police director.
District-level police arrange forces, organize patrols, control, and handle violations on road traffic routes within the district-level administrative boundaries, including:
National highways, national highway sections that are not key national highways, national highways with complicated traffic order and safety situations (including bypass sections).
National highway sections of key national highways and national highways with complicated traffic order and safety situations passing through provincial towns and cities and district towns according to the plan of the provincial police director.
Provincial roads; district roads; commune roads and other roads under management; specialized roads; urban roads not included in main roads; routes with complicated traffic order and safety situations.
Coordinate with the traffic police department to patrol, control and handle violations on road traffic routes within the administrative boundaries according to the plan of the provincial police director.
Powers of traffic police in patrolling and controlling
The Circular also clearly stipulates the authority of traffic police during patrol and control.
Accordingly, traffic police are allowed to stop vehicles participating in road traffic according to the provisions of the 2008 Road Traffic Law. Control people and vehicles, documents of vehicle drivers, documents of vehicles and personal documents of people on vehicles under control according to the provisions of law; control the implementation of regulations on road transport safety.
Apply measures to prevent and handle administrative violations of road traffic, social order and other violations of the law as prescribed.
Requesting agencies, organizations and individuals to coordinate and support in resolving accidents, traffic jams, traffic obstructions or other cases causing disorder and disruption of road traffic safety.
In urgent cases to protect national security, ensure social order and safety or to prevent consequences of damage to society that are occurring or are at risk of occurring, traffic police officers performing patrol and control duties may mobilize means of transport, means of communication, other means of transport of agencies, organizations, individuals and the people who are driving and using such means of transport according to the provisions of the Law on People's Public Security.
Mobilization is carried out in the form of direct request or in writing.
In addition, traffic police are equipped with and use means of transport; professional technical equipment and vehicles; weapons and support tools; means of communication; and other technical means according to the provisions of the Law on Handling of Administrative Violations (amended and supplemented in 2020); the Law on Management and Use of Weapons, Explosives and Support Tools; other provisions of relevant laws and of the Ministry of Public Security.
In addition, traffic police are allowed to temporarily suspend traffic on certain road sections, re-allocate traffic lanes, re-allocate routes and places where vehicles are temporarily stopped or parked when there is a traffic jam, traffic accident or when there are other necessary requirements to ensure security, order and social safety.
Circular 32/2023/TT-BCA takes effect from September 15, 2023, replacing Circular 65/2020/TT-BCA.
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