Thông tư 65/2012/TT-BCA

CIRCULAR

STIPULATING TASKS, POWERS, FORMS AND CONTENTS OF PATROL AND CONTROL OF THE ROAD TRAFFIC POLICE

Pursuant to the Law on People’s Public Security 2005;

Pursuant lo the 2008 Law on Road Traffic;

Pursuant to the Government’s Decree No. 77/2009/ND-CP of September 15, 2009, stipulating the functions, tasks, powers and organizational structure of the Ministry of Public Security;

At the proposal of the Director General of the General Department of Police for Administrative Management of Social Order and Safety;

The Minister of Public Security promulgates the Circular stipulating the tasks. powers, forms and contents of patrol and control of the road traffic police.

Chapter I.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular stipulates the tasks and powers of traffic police officers and non-commissioned officers performing road traffic patrol and control tasks; the supply and use of professionally technical devices, weapons and supporting tools; and the forms and contents of patrol and control of the road traffic police.

Article 2. Subjects of application

This Circular applies to:

1. Road traffic police officers and non- commissioned officers (hereafter referred to as officers) performing road traffic patrol and control tasks.

2. Public security forces of related units and localities.

3.

Agencies, organizations and individuals involved in road traffic activities in the territory of the Socialist Republic of Vietnam.

Article 3. Requirements and standards of officers performing road traffĩc patrol and control tasks

1. To firmly grasp and strictly implement the road traffic law, this Circular and other relevant laws.

2. To strictly, fully and responsibly perform the assigned tasks in the course of patrol and control; regulations on democracy in ensuring traffic order and safety, and the Statute of the People’s Public Security.

3. To show respectful, polite, dedicated and proper attitudes in their contact with people.

4. To promptly detect, prevent and handle acts of violation related to road traffic order and safety in line with order, procedures and authority as prescribed by law.

5. To be granted insignia and Certificate of road traffic patrol and control police as prescribed by the Ministry of Public Security.

Chapter II.

TASKS AND POWERS OF OFFICERS PERFORMING ROAD TRAFFIC PATROL AND CONTROL TASKS

Article 4. Tasks

Officers on traffic patrol and control duty have the tasks of the People’s Police Force and specific tasks as follows:

1. To follow the direction of the Ministry of Public Security, the General Department of Police for Administrative Management of Social Order and Safety, the Road-Railway Traffic Police Department, directors of provincial or municipal Departments of Public Security (hereafter referred to as provincial-level Public Security Departments); head of the Road Traffic Patrol and Control Guidance and Organization Section of the Road-Railway Traffic Police Department; head of the Road-Railway Traffic Police Section and heads of the Traffic Police Sections of provincial-level Public Security Departments (hereafter referred to as heads of Traffic Police Sections); heads of the Public Security Offices of rural districts, urban districts, towns or provincial cities (hereafter referred to as district-level Public Security Offices); to implement the patrol and control plans already approved by competent authorities.

2. To assure traffic order and safety within localities under their patrol and control; to detect and promptly and strictly handle violations in accordance with law.

3. To report and propose the competent authorities to request relevant agencies to take measures to redress loopholes and shortcomings in the State management of security, order and road traffic order and safety; to coordinate wìth road administration agencies in detecting and preventing violations of regulations on protection of road works and road safety corridors.

4. To guide road users to strictly observe the road traffic law.

5. To protect scenes of traffic accidents organize the rescue of victims, settle traffic accidents in accordance with regulations of law and the Ministry of Public Security.

6. To coordinate with professional units of the PeopIe's Public Security in preventing and fighting criminals operating on road vehicles (hereafter referred to as vehicles) and assigned areas as prescribed by law.

Article 5. Power

1. To stop vehicles currently circulating on the road; to check vehicles and their papers; to examine vehicle operators and their papers and personal papers of people on the vehicles under control, and the observance of regulations on road transport in accordance with law.

2. To handle administrative violations in road traffic, security, social order and safety as prescribed by law.

3. To apply measures to prevent, and secure the handling of administrative violations in accordance with law; to temporarily seize driver’s licenses, vehicle registration certificates and other papers related to vehicles, vehicle operators or people on the vehicles when the latter commit acts of violation, and papers related to transport activities in order to ensure enforcement of administrative sanctioning decisions as prescribed by law.

4. To request agencies, units, organizations and individuals to coordinate and support the settlement of traffic accidents, traffic jams and obstructions or other cases that adversely affect traffic order and safety.

5. To use weapons, supporting tools and professionally technical equipment as prescribed by law.

6. To requisition means of transport; means of communication; other means and technical equipment of agencies organizations and individuals as well as their operators and users in accordance with law.

7. To suspend traffic in certain road sections, to re-diverge traffic flows and routes and parking places when traffic jams occur or other necessary requirements on security and social order

8. To exercise other powers as prescribed by law.

Article 6. Assignment of responsibilities and coordination in road traffic patrol and control

1. The Road-Railway Traffic Police Department

a) To guide, inspect and urge the traffic police force to patrol and control road traffic nationwide;

b) To assume the prime responsibility for, and coordinate with public security offices of units and localities in organizing the patrol and control and the handling of administrative violations related to traffic order and safety on expressways;

c) To advise the leaderships of the Ministry of Public Security and the General Department of Police for Administrative Management of Social Order and Safety on the assurance of road traffic order and safety. To promulgate or submit to competent authorities for promulgation of plans for road traffic patrol and control nationwide;

d) To organize forces of the Road-Railway Traffic Police Department for independent implementation, or assume the prime responsibility for, and coordinate with public security offices of units and localities and related forces in the implementation of approved plans on traffic patrol and control on roads throughout the country.

2. Provincial-level Public Security

a) Directors of provincial-level Public Security:

- To direct traffic police forces to patrol and control road traffic in areas under their management;

- To decide on the assignment of responsibilities and decentralization of patrol and control routes and areas and the handling of administrative violations related to road traffic order and safety (according to the form promulgated together with this Circular) between the Traffic Police Sections and district-level Public Security Offices in accordance with this Circular.

b) Traffic Police Sections:

- To advise the directors of provincial-level Public Security on decision to arrange forces of the Traffic Police Sections and district-level Public Security Offices in organizing the patrol, control and handling of violations related to traffic order and safety on the roads within the local administrative boundaries;

- To arrange forces and organize activities of patrol, control and handling of administrative violations related to traffic order and safety on national highways within their local administrative boundaries; provincial roads and urban roads (for grade-I urban centers) under decentralization decisions of the directors of provincial-level public security.

- To guide, inspect and urge the Traffic Police Forces of the district-level Public Security Offices in the implementation of patrol and control and handling of violations related to road traffic order and safety;

- To assume the prime responsibility for, and coordinate with the Traffic Police Forces of the district-level Public Security Offices in patrolling and controlling traffic on district roads under the plans of the directors of provincial-level Public Security.

c) District-level Public Security:

- To arrange forces and organize activities of patrol, control and handling of administrative violations related to traffic order and safety on district, commune and special-use roads within their administrative boundaries; and on provincial roads and urban roads as assigned or decentralized by directors of provincial-level Public Security;

- On highway sections running through provincial cities or towns or district townships, if detecting violations related to static traffic and such violations as operating vehicles in a zigzag; rallying to cause public disorder; illegal vehicle races; driving vehicles in the banned direction in one-way streets; failing to observe traffic lights; operating motorcycles or mopeds to carry persons in excess of the prescribed number; operating or sitting on motorcycles or mopeds on the road without wearing safety helmets, to handle these violations in accordance with the law.

Chapter III.

SUPPLY AND USE OF MEANS, PROFESSIONALLY TECHNICAL DEVICES AND EQUIPMENT, WEAPONS AND SUPPORING TOOLS OF THE ROAD TRAFFIC POLICE

Article 7. Supply of professionally technical devices and equipment, weapons and supporting tools

1. Vehicles include cars, motorbikes and other special-use vehicles fit with priority lamps and horns used by priority vehicles in accordance with law.

a) Two sides of patrol cars are painted with two light-reflective blue stripes and the white light-reflective words “CANH SAT GIAO THONG” (traffic police) in the middle;

b) Two sides of the petrol tanks or two sides of the rear trunks or boxes of patrol motorbikes are painted with a light-reflective blue stripe and the light-reflective with letters “ C.S.G.T” in the middle;

c) Type, size and color of the letter and stripes painted on patrol vehicles are provided in the appendix issued together with this Circular.

2. Professionally technical devices and equipment

a) Video-speedometer;

b) Alcohol-strength gauge;

c) Motor vehicle tonnage scale;

d) Chemical marker;

e) Narcotic-testing equipment;

g) Special-use camcorder and special-use camera and audio recorder;

h) Ultra-violet ray lamp;

i) Specialized professional devices and equipment and other devices.

3. Means of communication: walkie-talkies, telephones and fax machines.

4. Weapons and supporting tools supplied for traffic police

5. Traffic batons; horns; loudspeakers; barriers; road-closure and vehicle-stop signboards.

6. Illuminating lamps

7. Other professionally technical devices and equipment prescribed by the Ministry of Public Security.

Article 8. Use of professionally technical devices and equipment, weapons and supporting tools

1. The use of professionally technical devices and equipment, weapons and supporting tools defined in Article 7 of this Circular must strictly comply with the law on the installation and use of professionally technical devices and equipment of the People’s Police Forces in patrol and control activities and the law on management and use of weapons and supporting tools.

2. The use of priority horns must comply with law.

3. Priority light is used continuously in the following cases:

a) Public mobile patrol and control;

b) Control at one location on the road or at traffic police stations in daytime under bad weather conditions that limit the vision (rain, mist,...);

c) Control at one location on the road or at traffic police stations at night-time.

Chapter IV.

FORMS OF PATROL AND CONTROL

Article 9. Public patrol and control

1. Methods of public patrol and control

a) Mobile patrol and control;

b) Control at traffic police stations;

c) Control at one location on the road.

2. During mobile patrol and control, control can be carried out at one location. On the contrary, during control at one location, mobile patrol and control can be carried out, which, however, must be clearly stated in patrol and control plans. Control at one location on the road or at traffic police stations must be carried out under plans approved by the head of the Road Traffic Patrol and Control Guidance and Organization Section of the Road-Railway Traffic Police Department or heads of traffic police sections or heads of public security offices of district or higher level.

3. When carrying out public patrol and control, police officers shall:

a) Wear uniforms as prescribed by the Ministry of Public Security;

b) Use vehicles, or walk for patrol and control within the assigned areas;

c) Use professionally technical devices and equipment, weapons and supporting tools in accordance with the law and this Circular.

Article 10. Public-cum-disguised patrol and control

1. Cases of public-cum-disguised patrol and control

a) Secret use of professionally technical devices and equipment with a view to raising the effectiveness of the assurance of traffic order and safety;

b) Crime prevention and fighting; in complicated situations of security and order or traffic order and safety.

2. Competence to decide on public-cum-disguised patrol and control

a) The Director of the Road-Railway Traffic Police Department, directors of provincial-level Public Security or higher level shall decide on the public-cum-disguised patrol and control mentioned in Clause 1 of this Article;

b) The Head of the Road Traffic Patrol and Control Guidance and Organization Section of the Road-Railway Traffic Police, heads of traffic police sections and heads of district-level public security offices shall decide on the public-cum-disguised patrol and control for cases mentioned at Point a, Clause 1 of this Article.

3. Conditions for public-cum-disguised patrol and control

a) There is a patrol and control plan approved by a competent person defined in Clause 2 of this Article. The plan must specify the patrol and control time and location; professionally technical devices and equipment to be used for patrol and control;

b) The patrol and control team appoints a number of officers of the disguise team (in plain clothes) to supervise traffic order and detect and prevent violations in the assigned area. Detected violations must be immediately reported to public the patrol and control officers for control and handling in accordance with law.

The disguised patrol and control officers and public patrol and control officers in a patrol and control team shall maintain a proper distance for close coordination to ensure prompt and lawful handling of violations;

c) It is prohibited to abuse public-cum- disguised patrol and control in contravention of law to harass, trouble, or harm the interests of the State, the legitimate rights and interests of citizens, agencies or organizations.

Article 11. Control via road traffic order and safety violation surveillance and handling systems.

1. The road traffic order and safety violation surveillance and handling system comprises:

a) Terminal equipment (video speedometers; surveillance cameras; cameras photographing violating vehicles; control equipment; other electric, electronic and mechanical equipment, etc) fixed at random locations on one or many roads to supervise online the traffic order and safety situation and automatically video-record violations of road traffic rules;

b) Data transmission system;

c) Central Processing equipment system.

2. When the terminal equipment have recorded violations related to traffic order and safety by road users or vehicles on the road. the system shall automatically access thereto and transmit data to the center and patrol and control teams for storage and serving the control and handling of violations according to regulations.

3. Violations recorded by the road traffic order and safety violation surveillance and handling system shall be calculated, listed and printed in pictures or papers on the violations for filing together with the dossiers of administrative violation cases according to the filing regime of the Ministry of Public Security.

Article 12. Mobilization of other police forces and commune public security forces for coordination of patrol and control

The mobilization of other police forces and communal public security forces in case of necessity for coordination with the road traffic police in road traffic order and safety patrol and control shall comply with the Government’s Decree No. 27/2010/ND-CP of March 24, 2010, on the mobilization of other police forces and communal public security forces for coordination with the road traffic police in joint road traffic order and safety patrol and control in case of necessity, and the Ministry of Public Security’s Circular No. 47/2011/TT-BCA of July 02, 2011 detailing a number of articles of Decree No.27/2010/ND-CP.

Chapter V.

 CONTENTS OF PATROL AND CONTROL

Article 13. Vehicle-stopping command

1. The vehicle-stopping command of the traffic police on patrol and control duty is effected through vehicle-stopping signs, including:

a) By hands or traffic batons;

b) Horns, battery-operated hand loudspeakers and electric loudspeakers fixed on patrol vehicles;

c) Signal lights, signboards, barriers or blockades..

2. Vehicle-stopping command by traffic batons at traffic police stations or a location on the road

a) Outside downtown areas: The officer on duty stands straight, facing the vehicle to be controlled. blowing a long, strong and definite whistle; concurrently raising up the traffic baton in the right hand vertically, with the head of the traffic baton and the elbow forming a right angle to the ground, the elbow and the shoulder forming a line in parallel with the ground and the hand palm tuming back with the traffic baton being held vertically behind the canthus of the right eye. When the vehicle operator recognizes the sign and speeds down, the officer on duty shall point the traffic baton to the vehicle in combination with whistling signs to guide the vehicle to park in at appropriate place for control;

b) Within downtown areas: The officer on duty stands straight, facing the vehicle to be control, raising up the traffic baton in the right hand and pointing to the vehicle while blowing a long, strong and definite whistle. When the vehicle operator recognizes the sign and speeds down, the officer on duty will use the traffic baton in combination with whistling signs to guide the vehicle to park at an appropriate place for control.

3. Vehicle-stopping command by the traffic baton when sitting on public mobile patrol and control vehicles

a) If the patrol vehicle moves in the same direction with and ahead of the vehicle which needs to be controlled, the officer on duty holds the traffic baton in their right hand to the right of the patrol vehicle then raises it vertically in a right angle to the ground. When the operator of the to-be-controlled vehicle speeds down and stops at a place as guided by the traffic police, the patrol vehicle will stop at a place appropriate for the patrol;

b) If the patrol vehicle move in the same direction with, but behind the to-be-controlled vehicle, the officer on duty will use a loudspeaker to require the to-be-controlled vehicle to stop at a place as guided by the traffic police for control;

c) If the patrol vehicle runs in the opposite direction with the to-be-controlled vehicle (a road without a median strip), the officer holding the traffic baton in the left hand raises the baton to the left of the to-be-controlled vehicle, pointing to the to-be-controlled vehicle. When the operator of the to-be-controlled vehicle speeds down and stops at a place as guided by the traffic police, the patrol vehicle shall stop at a appropriate place for control.

4. During public-cum-disguised patrol and control, the disguised officers who detect and record violations shall:

a) Immediately notify the violations to the public patrol and control force for prevention, stoppage and handling in accordance with law;

b) It is possible to directly prevent and immediately stop the violations, producing the People's Public Securitỵ identity card to the violators; notifying them of the violations and ordering them to come to the police office for settlement or notifying the public patrol and contrọl force to receive the violators for handling in accordance with law.

Article 14. Cases of vehicle stoppage

1. Police officers on patrol and control duty can stop vehicles for control in the following cases:

a) To detect violations of road traffic law by themselves or via recording by professionally technical devices and equipment;

b) To implement general control plans or orders of the Director of the Road-Railway Traffic Police Department or directors’ of provincial-level Public Security Departments or higher level;

c) To implement specific work plans or schemes of the Head of Traffic Patrol and Control Guidance and Organization Section of the Road-Railway Traffic Police Department, heads of traffic police sections or heads of the public security offices of district or higher level on control and handling of violations of road traffic law;

d) To have a document of the head or a deputy head of an investigative agency of district or higher level or a document of a relevant functional body requesting vehicle stoppage for control to serve the assurance of security and order;

e) To receive reports from organizations and individuals on violations of persons and vehicles operating on the road.

2. The vehicle stoppage must satisfy the following requirements:

a) Safety and lawfulness;

b) Non-obstruction to traffic;

c) Upon vehicle stoppage, control must be carried out; any detected violations must be handled in accordance with law.

Article 15. Patrol contents

1. Patrol contents must be specified in patrol and control plans or schemes approved by competent authorities, aiming to specify and strictly and effectively implement the directions of the Government, the Prime Minister, the Ministry of Public Security, the General Department of Police for Administrative Management of Social Order and Safety, the Director of the Road-Railway Traffic Police Department and directors of provincial-level Public Security.

2. Officers on patrol and control duty, who may use road vehicles or walk for patrol and control within the assigned areas, may apply professional measures in combination with the use of professionally technical devices and equipment to prevent, supervise, detect, promptly stop and strictly handle violations of traffic order and safety law and other violations in accordance with law.

Article 16. Control contents

1. The control of persons and vehicles on the road and the handling of violations of road traffic law committed by persons and vehicles on the road covers the following contents:

a) Checking papers related to persons and vehicles, including driver’s licenses; vehicle registration certificates; inspection certificates of technical safety and environment protection of road motor vehicles and other papers related to persons, vehicles and transport activities. When checking, comparing papers with actual vehicles in terms of number plate, mark, type, tonnage and paint color of the vehicles. In case of necessity, checking and comparing the machine numbers and frame numbers of the vehicles;

b) Control of the vehicles’ roadworthiness conditions

- Control of the technical safety and environment protection conditions of road motor vehicles;

- Control of the front and rear number plates. headlights (with high and low beam). blinkers. windscreen wipers, rear mirrors, stop and rear lights, number plate lights and reversing lights:

- Control and assessment of the technical conditions of the driving system, vertical and horizontal poles, joints; brake systems, oil or air pipes of brake systems; dashboard meters (paying attention to air-pressure meters of vehicles with air brake systems); itinerary monitoring device, rescue and salvage equipment (if any); hom buttons and light switches; suspension systems; wheel and tire systems in terms of sizes, wear-out degree and air pressure;

- Control of fire-fighting devices and tools, the transport permit according to regulation applicable to vehicles carrying passengers, petroleum and dangerous commodities.

c) Control of road transport activities

- Control of specifications and sizes of transported commodities and articles (length. width and height), types and weights of commodities or the number of persons onboard as compared to the contents prescribed in related papers, the legality of commodities and safety measures;

- If there are grounds to believe that evidences, documents and means of administrative violations are hidden in the vehicles, articles and persons, searching such vehicles, articles and persons according to administrative procedures and the law on handling of administrative violations.

2. Control via professionally technical devices and equipment

a) When traffic order and safety-related violations by persons and vehicles on the road are recorded via professionally technical devices and equipment, the officer on duty may command the stoppage of vehicles for control and handling according to regulations. If violators ask to see the images and recordings of cheir violations, the images and recordings must be shown to them if they are available right there; if the images and recordings are not yet available, they will be taken to the Processing unit for seeing;

b) If a vehicle cannot be stopped immediately for control and handling of violations according to regulations, the head of the patrol and control team shall report it to the Head of the Traffic Patrol and Control Guidance and Organization Section of the Road-Railway Traffic Police Department, the head of the traffic police section or the head of the public security office of district or higher level for notification to the vehicle owner, requesting the violator to come to the public security office at the place in which the violation is detected for settlement. During the settlement, images or recordings of the violation must be shown to the violator; and the administrative violation must be recorded in writing and handled according to regulations.

3. Control of a number of specific cases

a) Upon checking a vehicle carrying dangerous commodities, the vehicle must be guided to a place far from residential areas; the vehicle operator or owner shall be requested to apply safety measures as prescribed by law before carrying out control under Clause 1 of this Article;

b) If detecting operators of cars, tractors, special-use vehicles, motorcycles or mopeds show signs of drinking liquor or beer; use the equipment gauging the alcohol strength in their breath to examine or coordinate with a preventive medicine center of the district or higher level for examination of alcohol strength in blood. If detecting signs of narcotics use, using narcotics gauges for determination;

c) Controlling and handling vehicles carrying goods in excess of permitted tonnage

- Focusing on patrol and control right at the departure places of vehicles, near warehouses and ports and locations with scaling stations;

- Paying attention to observing the suspension systems of vehicles; examining invoices and bills of lading to detect violations. If detecting vehicles that are overloaded beyond the permitted tonnage, using tonnage scale equipped for the traffic police force or coordinating with scaling stations of agencies or units along the routes for examination and handling;

- If detecting overloading, requesting vehicles owners or operators to unload the vehicles to the prescribed tonnage before allowing the vehicles to continue their journey;

- If they deliberately refuse to abide by the request, the traffic police shall coordinate with related forces in coercing the unloading ịn accordance with law; the vehicle owners or operators are responsible for preserving the commodities and bearing all unloading costs.

d) Controlling cars carrying people in excess of the prescribed number

- Focusing on patrol and control near the departure places of cars, car stations, and passenger-receiving and releasing places:

- Personally boarding the passenger compartments for checking and publicly notifying acts of violation. Paying attention to careful examination in order to detect violations related to the technical safety of vehicles, useful life, ages of vehicle operators, fire fighting equipment, illegal operations, and lack of prescribed conditions for passenger transportation;

- If vehicles carry people in excess of the prescribed number, requesting the vehicle owners or operators to arrange another vehicle or drive the vehicles to the nearest station for passenger transfer; the vehicle owners or operators shall bear all costs of passenger transfer and the fares for passengers to continue their travel. Only after the vehicle owners or operators transfer passengers can the vehicles be allowed to continue their journey;

- If being informed in advance that vehicle operators are criminals or there are criminals on the vehicles, especially dangerous criminals carrying weapons, there must be specific plans and combat dispositions to be vigilant, calin, clever and actively find measures to approach and disarm the criminals ensuring safety for control officers themselves and people before carrying out the control.

e) Controlling foreigners and foreigners’ road vehicles operating on the road in the territory of the Socialist Republic of Vietnam

- Based on the provisions of the Ordinance on Diplomatic Privilege and Immunity; International Agreement on road transport and road transport Agreement already concluded between Vietnam and other countries and guiding documents.

- In case of necessity, when controlling and handling violations, there must be interpreters of the control units or the immigration agency of the Ministry of Public Security or provincial- level Public Security or the coordination from local Department of External Relations.

4. The General Department of Police for Administrative Management of Social Order and Safety is assigned to issue according to current regulations, written notices and detailed guidelines on relevant procedures and papers to serve the control activities and handling of violations; and to urge and inspect the control and handling of violations according to regulations.

Article 17. Handling of violations

1. After control, the patrol and control officers shall notify acts of violation and their handling forms and measures as prescribed by law to vehicles operators and people on the vehicles for abiding by the control. For passenger cars of 24 or more seats, they shall personally enter the passenger compartment to notify. If no violations are detected, they shall also notify, saying: “Thank you, ladies and gentlemen, for your assistance to the police force in performing our tasks”.

2. Upon detection of violations, the patrol and control officers shall make written records of administrative violations according to regulations (except for sanctioning according to simplified procedures). Such a record must be made at least in two copies, One lo be handed to the violator or a representative of the violating organization, and one to be kept for issuance of the sanctioning decision and filing. If after the record is made and the violator or the representative of the violating organization, the witness, the victim or representative of the victim organization refuse to sign, the record maker shall write the reason therefor in the record.

3. Cases of sanctioning according to the simplified procedures

Upon sanctioning according to simplified procedures, patrol and control officers shall decide to impose the sanction on the spot as prescribed by law; if the sanctioned person cannot execute the sanctioning decision immediately, his/her relevant papers must be temporarily seized to ensure the execution of the sanctioning decision (the temporary seizure of papers is stated in the sanctioning decision).

4. Administrative violations (except for sanctioning according to simplified procedures) must be recorded in writing. If they fall under their sanctioning competence, patrol and control officers shall issue sanctioning decisions; if they fall beyond their sanctioning competence (sanctioning form, additional sanction, measures to overcome consequences), these cases must be transferred to the competent persons for sanctioning.

5. Application of measures to deter administrative violations

If it is necessary to promptly deter administrative violations or to guarantee (the execution of administrative sanctioning decisions, the heads of patrol and control teams shall decide or report to competent persons for decision on the application of preventive measures (holding violators in Custody; temporary seizure of evidences and vehicles in administrative violations; body search; search of means of transport and articles; and search of places in which material evidences and means of administrative violation are hidden). The application of deterrent measures must strictly comply with the law on handling of administrative violations.

Chapter VI.

ORGANIZATION OF IMPLEMENTATION

Article 18. Effect

This Circular takes effect on December 22, 2012, and replaces Circular No. 27/2009/TT-BCA (CU) of May 6, 2009, of the Minister of Public Security, defining the tasks, powers, forms and contents of patrol and control of the road traffic police.

Article 19. Implementation responsibility

1. The Director-General of the General Department of Police for Administrative Management of Social Order and Safety shall direct, inspect and guide the implementation of this Circular.

2. The Director of the Road-Railway Traffic Police Department shall assist the General Department of Police for Administrative Management of Social Order and Safety in:

a) Monitoring, guiding, inspecting and urging the implementation of this Circular;

b) Compiling documents for professional training on patrol, control and handling of administrative violations related to road traffic order and safety;

c) Organizing the training, examination and assessment of results of processional training in patrol, control and handling of administrative violations related to road traffic order and safety for officers of the Road-Railway Traffic Police Department and leaders and commanders of traffic police units throughout the country.

3. Directors of provincial-level Public Security Departments shall:

a) Organize professional training in patrol, control and handling of administrative violations related to road traffic order and safety for traffic police officers under their respective management according to training documents developed by the Road-Railway Traffic Police Department;

b) Direct and organize the patrol, control and handling of administrative violations related to road traffic according to this Circular.

4. The directors general, heads of units under the Ministry of Public Security, the Director of the Road-Railway Traffic Police Department, directors of provincial-level Public Security Departments and directors of provincial-level Fire-Fighting Police Departments shall organize the implementation of this Circular.

The public security offices of units and localities shall report any problems arising in the course of implementation of this Circular to the Ministry of Public Security (via the General Department of Police for Administrative Management of Social Order and Safety) for timely guidance.-