Chapter V
PATROL AND CONTROL FOR ROAD TRAFFIC ORDER AND SAFETY
Article 65. Patrol and control for road traffic order and safety
1. Patrol and control activities consist of:
a) Assigning forces and vehicles for patrol and control duties;
b) Inspecting, controlling road users and vehicles in traffic;
c) Discovering, preventing, and taking actions against violations of the law pertaining to road traffic order and safety and other violations.
2. Forms of patrol and control include:
a) Patrol and control forces on roads;
b) Systems, equipment, devices, and data under Clauses 1, 2, 3, and 4 Article 67 hereof.
3. Patrol and control forces include:
a) Traffic police forces;
b) Other forces and units in people’s public security mobilized to cooperate with traffic police in patrol and control activities when necessary on the basis of tasks and powers of mobilized forces, decision of competent authority, and powers appropriate to the tasks.
4. Traffic police in the performance of patrol and control duties are tasked with:
a) monitoring, acknowledging road user and vehicle situations; general road traffic order and safety; order and safety on specific routes;
b) exercising Point b and Point c Clause 1 of this Article;
c) guiding, popularizing, and encouraging road users to comply with road traffic order and safety;
d) assisting road users and vehicles when necessary;
dd) commanding and controlling road traffic;
e) investigating and resolving road traffic accidents as per the law;
g) preventing crimes on designated routes, maintaining security and order as per the law; preventing terrorism, protests, epidemic, natural disasters, fire; participating in rescue;
h) looking for difficulties in road traffic, road traffic arrangement, causes for loss of road traffic order and safety; notifying the authority or competent agency to recommend remediation measures to competent authority;
i) cooperating with road authority in detecting and preventing violations of the law pertaining to road structure and safety corridor protection;
k) performing other tasks in accordance with the Law on People’s Public Security and other relevant laws.
5. Traffic police in the performance of patrol and control duties have the power to:
a) Pull over road vehicles in accordance with Article 66 hereof to inspect compliance with road traffic rules; conditions of vehicles participating in road traffic; conditions of vehicle operators participating in road traffic; regulations on road traffic order and safety assurance in accordance with this Law and other relevant law provisions.
b) impose penalties for administrative violations pertaining to road traffic order and safety and other violations as per the law;
c) mobilize civilians, equipment, and vehicles in case of emergency; relocate vehicles violating stopping, parking regulations in a manner that obstructs traffic or causes traffic congestion or potentially causes road traffic accident in accordance with Article 68 and Article 69 hereof;
d) operate and use systems, equipment, vehicles, and data in accordance with Clauses 1, 2, 3, and 4 Article 67 hereof and weapons, combat gears in accordance with Article 70 hereof;
dd) exercise other powers in accordance with the Law on People’s Public Security and other relevant law provisions.
6. Patrol and control forces in the performance of their duties must:
a) comply with regulations of the law and patrol, control orders and plans of competent authority;
b) respect and protect legitimate rights and benefits of agencies, organizations, and individuals;
c) fight and prevent crimes, violations of the law pertaining to road traffic order and safety and other violations;
d) assume responsibilities for their decisions and behaviors as per the law.
7. The Minister of Public Security shall elaborate Point a and Point b Clause 1, Clause 2, Point b Clause 3 of this Article; prescribe procedures for patrolling, controlling, handling violations of the law pertaining to road traffic order and safety of traffic police.
8. Military motorized vehicles, military heavy-duty vehicles and operators thereof must comply with road traffic inspection and control request of traffic police and internal order inspection, law compliance inspection requests of military police and military inspection vehicles. Inspection of internal order and compliance with the law conducted by military police and military inspection vehicles shall conform to regulations of Minister of National Defense.
Article 66. Basis for pulling over road vehicles for inspection and control
Traffic police may pull over road vehicles to conduct inspection and control when:
1. Violation of the law pertaining to road traffic order and safety or other laws are found or suspected;
2. Such action is compliant with patrol, control orders and plans of competent authority in order to detect violations of the law pertaining to road traffic order and safety which can only be done by pulling vehicles over for inspection;
3. Such action serves national security, social order and safety, crime prevention, natural disaster preparedness, fire prevention, firefighting, rescue, and epidemic prevention;
4. Agencies, organizations, and individuals submit information, reports, recommendations, requests pertaining to crimes or other violations of the law.
Article 67. Methods for detecting violations of the law pertaining to road traffic order and safety
1. Operating and using surveillance system serving road traffic security, order, and safety; camera system on traffic routes in urban areas; structures and systems of technical equipment for motorized vehicle load control and inspection.
2. Operating professional technical equipment, devices, smart devices to assist road traffic control and command.
3. Using data extracted from tracking devices, devices capturing images of the drivers, and data collected from vehicle load control structures.
4. Using information on database on road traffic order and safety.
5. Making direct observation, control, and comparison by people in charge.
6. Receiving and processing reports, information, recommendation, data collected from technical media, equipment of agencies, organizations, and individuals according to regulations of the Government.
7. Adopting other measures as per the law.
Article 68. Mobilization of civilians, civil equipment and vehicles in case of emergency
1. During the performance of road traffic patrol, command, control and handling of road traffic accidents, for the purpose of emergency or protection of national security or social order and safety assurance or prevention of ongoing or potential damage to society, persons in command of the scene and affiliated to traffic police may mobilize civilians, civil equipment and vehicles and operators thereof.
2. Persons in command of the scene affiliated to traffic police that mobilize civilians and civil equipment and vehicles are responsible for returning mobilized equipment after the emergency situation has concluded. Where mobilized civilians, civil equipment or vehicles are damaged in the performance of duty, such civilian, equipment, and vehicles will benefit from appropriate regulations and compensation; entities to which mobilizing individuals are affiliated are responsible for resolving the compensation as per the law.
3. Mobilized agencies, organizations, and individuals are responsible for complying with decisions and request of traffic police in accordance with Clause 1 of this Article.
In case of emergency according to Clause 1 of this Article, persons in command of the scene and affiliated to traffic police may request foreign organizations, individuals to provide assistance in accordance with Vietnam’s regulations of the law and international treaties to which the Socialist Republic of Vietnam is a signatory.
Article 69. Relocating vehicles violating stopping, parking regulations in a manner that obstructs traffic or causes traffic congestion or potentially causes road traffic accident
1. Where road vehicles violate stopping, parking regulations in a manner that obstructs traffic, causes traffic congestion, or potentially causes road traffic accident and vehicle owners are either absent from the scene or do not comply with request of traffic police, traffic police shall relocate the offending vehicles from said stopping, parking positions.
Where relocation is not feasible, traffic police may hire appropriate organizations and individuals to relocate the vehicles.
2. Where vehicle operators or owners obstruct the performance of duty or resist the relocation of vehicles, traffic police shall adopt measures under Clause 1 Article 73 hereof; where such individuals continue to obstruct or resist, traffic police may enforce implementation.
3. Vehicle operators or owners must incur costs or rental fees for relocating their vehicles.
4. During relocation process under Clause 1 of this Article, traffic police and organizations, individuals hired to relocate the vehicles must maintain safety for the relocated vehicles.
Article 70. Furnishment and use of vehicles, equipment, weapons, and combat gears during patrol and control
1. Traffic police forces are equipped with weapons and combat gears in accordance with regulations of the law on management and use of weapons, explosive materials, and combat gears; road vehicles, professional technical means and equipment, smart equipment to assist traffic control and command. Other forces in people’s public security cooperating with traffic police in patrol and control are equipped with professional equipment, instruments, weapons, and combat gears appropriate to the task as per the law.
2. Forces under Clause 1 of this Article are allowed to use equipped weapons and combat gears in accordance with regulations of the law on management and use of weapons, explosive materials, and combat gears; use road vehicles, professional technical means and equipment, smart equipment to assist traffic control and command in accordance with regulations of Minister of Public Security; use data storage devices provided by organizations and individuals to analyze, evaluate, predict road traffic order and safety, detect violations of the law pertaining to road order and safety and other violations as per the law.
3. Equipped weapons and combat gears are subject to management under regulations of the law on management and use of weapons, explosive materials and combat gears; professional technical instruments and equipment, smart equipment for assisting traffic control and command are subject to management under this Law, regulations of the law on administrative penalties, and other relevant law provisions.
Article 71. Monitoring system for road traffic security, order, and safety; management system for tracking devices and driver image capturing devices; system of professional technical equipment for motorized vehicle load inspection
1. Monitoring system for road traffic security, order, and safety is regulated as follows:
a) Monitoring system for road traffic security, order, and safety is a system for collecting signals, data, sound, images regarding trips made by road vehicles, traffic conditions, and other relevant data which is developed and installed on roads in accordance with national technical regulations for the purpose of monitoring road traffic security, order, and safety; detecting violations of the law pertaining to road traffic order and safety and other violations of the law;
b) The development, management, operation, and use of monitoring system for road traffic security, order, and safety must adhere to operating procedures, ensure continuous operation, and be connected to traffic command center;
c) Data collected from monitoring system for road traffic security, order, and safety must be managed as per the law; compliant with requirements pertaining to private data protection, protection of legitimate rights and benefits of individuals and organizations; used to process violations of the law pertaining to road traffic order and safety, other violations of the law, and facilitate state management activities.
2. Management system for tracking devices and driver image capturing devices records, stores, and transmits information, data regarding trips of road vehicles and images of drivers in order to serve road traffic security, order, and safety assurance, impose penalties against violations of the law, facilitate state management of road transport; is governed, operated, and used by traffic police forces; is connected and shared with road authority and relevant agencies.
3. System of professional technical equipment for motorized vehicle load inspection is provided to traffic police forces to inspect, detect, and handle violations of the law pertaining to road vehicle load.
4. The Minister of Public Security shall promulgate national technical regulations on monitoring system for road traffic security, order, and safety, national technical regulations on tracking devices and driver image capturing devices; prescribe development, management, operation, utilization, and use of monitoring system for road traffic security, order, and safety, smart devices assisting road traffic control and command; prescribe management, operation, and use of management system for tracking devices and driver image capturing devices; prescribe the equipment, installation, management, operation, and use of system of professional technical equipment for motorized vehicle load inspection.
Article 72. Rights and responsibilities of vehicle operators
1. Vehicle operators have the right to:
a) operate road vehicles in accordance with this Law;
b) be informed about the basis for pulling over road vehicles for inspection and control; inspection and control details, results; violations and actions to be taken;
c) file presentation, complaint, and lawsuits against administrative decisions, actions relating to their legitimate rights and benefits as per the law;
b) denounce violations of the law in patrol and control activities pertaining to road traffic order and safety as per denunciation laws;
dd) denounce, report, and publicize violations of the law.
2. Vehicle operators have the responsibility to:
a) comply with regulations on road traffic order and safety;
b) comply with pull-over command, inspection and control request of patrol, control forces;
c) assist and cooperate with road traffic order and safety forces in the process of detecting, preventing, and taking actions against violations of the law regarding road traffic order and safety and other violations of the law.
Article 73. Preventing non-compliance with inspection and control request, obstruction or resisting of law enforcers
1. Where road vehicles fail to comply with inspection and control request or obstruct, resist law enforcers, law enforcers shall:
a) explain non-compliance with inspection, control request and obstruction, resisting of law enforcers to offenders; rights and responsibilities of offenders; persuade and request offenders to immediately cease the offence and comply with inspection and control request;
b) adopt interceptive measures as per the law where offenders obstruct, refuse to comply with inspection, control request of law enforcers;
c) where offenders resist law enforcers, depending on the situation, nature and severity of the offence, law enforcers may use physical force, combat gears, or weapons as per the law to stop the offence or for justifiable self-defense.
2. Where vehicle operators fail to comply with pull-over signals or commands and run away, law enforcers may pursue and impose penalties.
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