Thông tư 05/2006/TT-BCA-C11

CIRCULAR

GUIDING THE IMPLEMENTATION OF THE PRIME MINISTER'S DECISION NO. 14/2000/QD-TTG OF JANUARY 27,2000, ON DOMESTIC DELEGATIONS AND FOREIGN GUESTS VISITING VIETNAM THAT ARE LED BY TRAFFIC POLICE CARS

To continue implementing strictly and effectively decision number 14/2000/QĐ-TTg dated on January 27, 2000 by the Prime Minister ,regulates internal delegations and foreigners to Vietnam to have traffic police cars headed, The Ministry of Public Security issues the circular of guiding implementation as follows:

I- GENERAL REGULATION

1. Offices, organizations, province and centre-related city People's Committee ( offices, organizations for short) having the internal delegation and the foreigners, have to appoint their cadres to connect the Public Security office to do procedure and affiliate in the delegation lead.

2. Traffic police- a force (delegation leading force for short) is assigned to head the internal delegation and the foreigners to Vietnam by the government and the Ministry of Public Security, must execute the regulations of the decision number 14/2000/QĐ-TTg made by government and this circular and tie with the offices, the organizations to assure safe and unchecked traffic.

Unorganized delegation heading, hindering the delegation lead of traffic police or taking advantage of leading delegation to trouble, extort, violate the legal right and benefit of the offices, the organizations, individuals must be detected timely, punished strictly under the law regulation.

3. The traffic police’s vehicles for leading delegation which are specialized cars and motors according to regulations of the Ministry of Public Security, must be controlled and used by traffic police in the right way.

Meanwhile carrying out mission of leading delegation, traffic police force enjoying the priority right, the use of signal of prioritized vehicles, must obey road law, relevant legal regulations and must not overuse the signal of prioritized vehicles ( the non-stop use of prioritized vehicles’ horn) to make unexpected noise. When there is the signal of prioritized vehicles leaded by traffic police, traffic riders will have to reduce speed at once, avoid or stop at the right roadside, walkers will not run across road, walk or stand in the road-bed to give way to the group of prioritized vehicles under law regulation.

II- SUBJECTS ARE HEADED BY TRAFFIC POLICE

1. The subjects are regulated at the 1^st item and 2nd item of 1st clause of the decision number 14/2000/QĐ-TTg made by Prime Minister.

2. The Other objects are regulated at the 3rd item of 1st clause of the decision number 14/2000/QĐ-TTg made by Prime Minister, including:

a. Internal delegation

The delegation attends the conference of Central Party Committee

The delegation attends the National Congress held by Vietnamese Fatherland Front.

The delegation attends the National Congress held by Vietnamese Labour General Confederation.

The delegation attends the National Congress held by Ho Chi Minh Communist Youth.

The delegation attends the National Congress held by Vietnamese Women UNI0N.

The delegation attends the National Congress held by Vietnamese Farmer Association.

The delegation attends the National Congress held by Vietnamese War Veteran Association.

The delegation attends the Congress of Nationwide Patriotic Emulation

Domestic, regional, international sport activities is organized or hosted by the State.

3. Foreigner delegation

-The head of Party, province and centre-related city authority: secretary, president, province chief, state governor, head of specialized zone or person in the same position.

-Military delegation is leaded by generalissimo or equivalent or higher rank office.

- Other delegations who need to be headed by traffic police, the offices, the organizations must have document to propose the minister of pubic security to consider and decide.

III. THE PROCEDURE AND THE REGIME OF DELEGATION LEAD

1- Procedure includes:

a) Offical document proposes traffic police to lead delegations and these delegation’s operation programe is signed, stamped by the head of the offices and the organizations or authorized individual (according to the form in the appendix attached this circular).

b) The subjects are regulated at 3rd item of 1st clause of the dicision number 14/2000/QT-TTg made by prime minister and at 2nd point of 2^nd section of this circular, it is necessary to have copies of documents approved by authorities.

2- Time of doing procedure for leading delegation is regulated as follows:

- Before 5days of leading delegation to the subjects who are regulated at 1st item and 2nd item of 1^st clause of the decision number 14/2000/QĐ-TTg made by Prime Minister ( concluding: unexpected subjects are guards).

- Before 10days of leading delegation to the subjects who are regulated at at 3rd item of 1st clause of the dicision number 14/2000/QT-TTg made by prime minister (regulated at 2^nd point of section II of this circulat)

3- Responsibility of leading delegation.

The office of road and railway traffic police is resposible for directing the delegation lead nationwide, receiving the proposal for leading the delegations with their operating scale in over 3 provinces and centre-related cities to direct, commission, guide the department of traffic police under provice and centre-related city pulic security to lead directly delegation and organise to lead the delegation assigned by the Ministry of Public Security.

b) The department of traffic police under provice and centre-related city public security receives the proposal of leading the delegation operating in the provinces and the cities, next provices, cities and vice versa; lead the delegation under the guideline of Road and Railway Traffic Police Office.

c) Guard High Command receives the proposal of leading guard delegations and annouces the Office of Road and Railway Traffic Police to lead the delegations operating in over 3 provice and centre-related city, informs the department of traffic police undrer provice and centre-related city police to lead the delegations operating in a province, a city, next provice and city and vice versa under the regulation.

4- Co-ordination in delegation leading task

a) The offices, organizations proposing to lead delegation is responsible for coordinate regularly and closely with traffic police force in the process of leading delegation: when there is any change of program, time, place of welcoming and leading delegtion, it is necessary to imform timely and creat a favourable condition for traffic police force to solve problems relevant to the degattions’ operation promtly uder the law regulation.

b) The Office of Road and Railway Police ties toughly with Guard High

Command to issue the status of directing and leading guard delegation.

c) The Office of Road and Railway Police ties toughly with provice and centre-related city security to direct and leading delegation:

- The Office of Road and Railway Police: when guiding the traffic police to lead delegtion or lead delegation directly, the office will have to notice simultaneously relevant provice and centre-related city police to affiliate to carry out.

- Provice and centre-related city police: when directing the department of traffic police lead delegation, it will have notify the Road and Rail Police and relevant local police to coordinate to follow and direct.

4- The department of traffic police under provice and centre-related city police is responsible for reporting and coordinating timely with the department of traffic police under provice and centre-related city police concerning delegation lead to assure saty and unchocked traffic. Basing on their functions and missions, the units of provice and centre-related city police are responsible for coordinating closely with the department of traffic police to lead delegations and ensure safe and ordered traffic.

The department of provice and centre-related city police is responsible for report according to regulations; plan, solution, ordination result, delegation leading organization must be reported to the Office of Provice and centre-related City Police, the Road and Railway Traffic Police to follow, direct, guide timely.

IV. IMPLEMENTATION

1. The offices, organizations, provice and centre-related city People Committee proposing to have delegation leading vehicles are resposible for immplementing the decision number 14/2000/QĐ-TTg made by prime minister and the guideline of this circular.

2. The heads of units under Prime Minister are responsible for directing and immplementing the guidline of this circular in their function and mission

3. The Office of Road and Railway Police guides and checks delegation leading task to ensure the right immplementation of the dicision number 14/2000/QĐ-TTg made by prime minister and the guideline of this circular as well as other regulations of government, Public Security Office relevant to delegation leading task; studies and proposes Prime Minister project on organizing, equiping mean and building other documents concerning delegation lead.

4. Directors of Civil and Province Public Security directly under central government conduct traffic polices and concerned agencies to hold and control troupes according to the ordinance at this Circular and the conductivity of overland - railroad traffic police department.

5. This circular takes effect after 15 days since Official dispatch is published and replaces the No. 10/2000/TT-BCA(C11) circular on 4th July 2000 of Ministry of Public Security.

In implementing process, If there is any problems, agencies, organizations and local public security will report and reflect on Ministry of Public Security (through overland - railroad traffic police department) to be solved immediately.

FORM:

Dear: ………………(2)…………………..

………….(1)…………. Proposal ………….(2)……………………………….

lay-out traffic police vehicle- troupes : ……………………………………………

………………………………………………………………………………………..

Troupe's component: ………………………..(3)……………………………..……

………………………………………………………………………………………..

Quatity and types of vehicle: ……………………….....………………...............

………………………………………………………………………………………..

Time, sphere of action and area of troupe:…………………………….

……………………………………………………………………………………..

(Certain action programs of troup) (4)

Proposal Content:…………………………(5)………………………

………………………………………………………………………………………..

………………………………………………………………………………………..

Contact Person:……………………………….,

Post…………………….(6)

Address, telephone number:…………………………………………………….

……………………………………………………………………………………..

Wish…………………………..(2)………………… to be solved.

Note:

- (1): Name of Agency, Organization that has the proposal

- (2): Name of accepted proposal Public Security Agency. Certain: Ministry of Guard Head-Quarters (for troup belongs to guard object); overland - railroad traffic police department (for troup has sphere of action from 3 provinces or cities); Traffic Police Office of province and city public securities (for troup has sphere of action from 1 provinces or cities to next area).

- (3): Full Name, Highest post of Leader, quantity of members.

- (4): Plan of activities needs to be noted clearly: Time (Hour, day, month); action content (pick up, see off, working, relax, ….etc..); Place (Numb er , street, …ect…). Plan needs to be sealed as the ordinance

- (5): Note the proposal clearly, all or some activities of troup.

- (6): Name and Post of organizing committee's authorized person will in conjunction with traffic police potency directly in the course of troupe conductivity.