Circular 32/2023/TT-BCA has abolished the regulation on public announcement of patrol and control plans. This means that from September 15, 2023, people will not be allowed to conduct specialized inspections by traffic police in any form.
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| From September 15, people will not be allowed to have their vehicles inspected by traffic police. |
04 cases of traffic police being allowed to stop vehicles for inspection from September 15, 2023
Traffic police officers performing patrol and control duties according to plan are allowed to stop vehicles for control in the following cases:
- Directly detect or through professional technical means and equipment, detect and collect violations of road traffic laws and other violations of laws;
- Implement orders and plans for general control of vehicles to ensure road traffic order and safety and social order; plans for patrolling, controlling and handling violations according to thematic issues to ensure 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; combating and preventing crimes; preventing and combating natural disasters, fires and explosions; preventing and combating epidemics; rescuing and other violations of the law. The written request must specifically state the time, route, vehicle to be stopped for inspection, 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.
From September 15, people will not be allowed to have their vehicles inspected by traffic police.
Section 1 Chapter III Circular 32/2023/TT-BCA stipulates the development, promulgation and implementation of patrol and control plans as follows:
* Develop and issue patrol and control plans
- The Director of the Traffic Police Department advises the Minister of Public Security to issue plans or directly issue plans to patrol, control, and handle violations of traffic order and safety laws on road traffic routes nationwide.
- The Director of Provincial Police issues a plan to patrol, control, and handle violations of traffic order and safety laws on road traffic routes within the administrative boundaries of the province.
- Head of the Department of Road and Railway Traffic Patrol and Control; Head of the Traffic Police Department; Head of the District Police Department shall issue plans for patrolling, controlling, and handling violations of laws on road traffic order and safety within the assigned routes and areas, and decentralization as prescribed in Articles 5 and 6 of this Circular.
- Team leaders: Highway Traffic Patrol and Control Team; Traffic Police Team; Road Traffic Police Team; Patrol and Escort Team; Traffic Police - Order Team, Traffic Police - Order - Mobile Team, Traffic Police - Order - Administrative Management - Traffic - Order - Mobile Team (hereinafter referred to as Traffic Police - Order Team); Head of Traffic Police Station organizes and implements patrol and control plans for subordinate Traffic Police Teams (according to the form prescribed by the Ministry of Public Security).
* Deploy patrol and control plan
- Traffic Police Team Leader: Before patrolling and controlling, the Team Leader must disseminate and thoroughly inform the Team members about the content of the patrol and control plan and other related contents; check the preparation work for patrolling, controlling and handling violations; take roll call; check uniforms; People's Police number; People's Police ID card (when arranging disguised officers); internal regulations; means of transport; means and technical equipment; weapons, support tools; relevant forms and other technical means; remind each Team member of the work position and tasks; issue orders to conduct patrols and controls when all conditions are fully guaranteed according to requirements and safety.
- Team member: Grasp the content of the plan, tasks, position, and form of communication; proactively carry out preparation work as assigned by the Team Leader.
- Means of transport; professional technical equipment and vehicles; weapons, support tools; other technical equipment provided to the Traffic Police Team must be managed and used according to regulations; and specifically recorded in the Monitoring and Management Book (according to the form prescribed by the Ministry of Public Security).
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Currently, in Section 1, Chapter III of Circular 65/2020/TT-BCA, in addition to regulations on the authority to issue patrol and control plans; organize the implementation of patrol and control plans, there are also regulations on public announcement of patrol and control plans, specifically as follows:
- Heads of the Road Traffic Patrol and Control Guidance Department, Heads of the Traffic Police Department, and Heads of District-level Police are responsible for publicly announcing patrol and control plans according to the regulations of the Ministry of Public Security on implementing democracy in ensuring traffic order and safety, including:
+ Plan for general control of road vehicles;
+ Plan for patrolling, controlling and handling violations according to traffic topics;
+ Plan to patrol, control, and handle violations regularly on assigned routes and areas.
- Public announcement form
+ Posted at the citizen reception office of the unit;
+ Posted on the Traffic Police Department's website or the Provincial Police Department's website, Traffic Police Department;
+ Public on mass media;
+ Apply other forms of disclosure as prescribed by law.
- Content of public announcement (according to form No. 01 issued with this Circular)
+ Unit in charge of patrolling, controlling and handling violations;
+ Patrol, control and violation handling routes;
+ Type of vehicle, violation to be controlled and handled;
+ Time to implement the plan.
Thus, compared to Circular 65/2020/TT-BCA, Circular 32/2023/TT-BCA has abolished the regulation on public announcement of patrol and control plans. This means that from September 15, 2023, people will not be allowed to conduct specialized inspections by traffic police in any form. According to Circular 65/2020/TT-BCA, people will not be allowed to conduct specialized inspections by traffic police when their vehicles are stopped for inspection, but they can conduct specialized inspections through mass media, citizen reception offices, etc.
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Note: Although citizens are not allowed to inspect traffic police, they still have the right to monitor traffic police when patrolling, controlling, and handling administrative violations through the following forms:
- Through public information of the People's Police and feedback through the mass media.
- Through monitoring entities as prescribed by law.
- Through direct contact and resolution of work with officers and soldiers.
- Through the results of handling cases, petitions, complaints, denunciations, recommendations and reflections.
- Through recording devices, video recording or direct observation but must ensure the following conditions:
+ Do not affect the normal activities of officers and soldiers while performing their duties;
+ Outside the area ensuring traffic order and safety (for places where traffic order and safety areas are deployed);
+ Comply with other relevant legal regulations.
(Article 11 Circular 67/2019/TT-BCA)
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