Thông tư liên tịch 04/2012/TTLT-BCA-BCT

JOINT CIRCULAR

REGULATION ON SIGNAL GENERATORS OF PRIORITY VEHICLES

Pursuant to Decree No. 109/2009/ND-CP dated December 01, 2009 stipulating the signal of priority vehicles (Decree No. 109/2009/ND-CP);

Pursuant to Decree No. 72/2009/ND-CPdated September 03, 2009 stipulating the security and order for a number of conditioned business sector (Decree No. 72/2009/ND-CP);

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

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

Pursuant to Decree No. 189/2007/ND-CP dated December 27, 2007 stipulating the functions, duties, powers and organizational structure of the Ministry of Industry and Trade ( amended and supplemented by Decree No. 44/2011/ND-CP dated June 14, 2011);

Minister of Public Security; Minister of Industry and Trade promulgate the Joint Circular stipulating the signal generators of priority vehicles.

Chapter 1.

GENERAL REGULATION

Article 1. Scope of adjustment

This Circular stipulates the production, trading, import, installation and use of signal generators of priority vehicles; granting and revoking the license of signal generator using of priority vehicles and responsibilities of agencies, organizations, individuals concerned.

Article 2. Subjects of application

This Circular is applicable to:

1. Organizations and individuals producing, trading, importing and installing signal generators of priority vehicles.

2. Agencies, organizations and individuals managing and using signal generators of priority vehicles.

3. Agencies, organizations and individuals related to the activities of production, trading, import and installation, management and use of signal generator of priority vehicles.

Chapter 2.

SPECIFIC REGULATION

Article 3. Producing, trading, and importing the signal generators of priority vehicles.

Organizations, units and individuals producing, trading, importing the signal generators of priority vehicles must ensure to comply with Decree No. 72/2009/ND-CP Decree No. 109/2009/ND-CP This Circular and other legal regulations concerned, at the same time only making a sale or installing signal generators of priority vehicles to the organizations and individuals having the license of signal generator using of priority vehicles.

Article 4. Installing and using signal generators using of priority vehicles

1. Priority vehicles upon installed the prior signal generator must have the license of signal generator using of priority vehicles (under form No. 01 promulgating together with this Circular) issued by traffic police agency as prescribed in Article 5 of this Circular.

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Article 5. Granting and revoking the license of signal generator using of priority vehicles

1. The grant and revocation of the license of signal generator using of priority vehicles are carried out by the Police agency as prescribed by this Circular.

2. Dossier and procedures for granting the license of signal generator using of priority vehicles.

Written request for the grant of the license of signal generator using of priority vehicles of agencies, organizations and individuals managing priority vehicles in which clearly stating the licensing reason as well as other information such as: Type of vehicle, plate number, name of agencies, organizations, individuals and address….;

Copy of registration certificate of automobile or motocycle (presenting the original for comparison)

In case the license of signal generator using of priority vehicles is damaged, crumpled or lost, the agencies, organizations and individuals managing priority vehicles must send the written request and clearly state the reason.

3. Competence to grant and revoke the license of signal generator using of priority vehicles

The Road and Rail Traffic Police Administration grants the license of signal generator using of priority vehicles to the Ministries and sectors in the central;

The traffic police division of central-run province and city police (hereafter referred to as Division of provincial-level traffic police) grants the license of signal generator using of priority vehicles to the agencies, organizations and individuals at the localities;

The Road and Rail Traffic Police Administration revokes the license of signal generator using of priority vehicles granted by its agency or the provincial-level traffic police division; The provincial-level traffic police division revokes the license of signal generator using of priority vehicles granted by its agency.

4. The cases to revoke the license of signal generator using of priority vehicles

Priority vehicles are installed the prior signal generators but they are damaged, wrecked and expired;

Priority vehicles are converted the purpose of use or liquidated;

The license of signal generator using of priority vehicles is expired.

5. The time limit for granting and using the license of signal generator using of priority vehicles

a) Within 02 (two) working days, from the date receiving the valid dossier as prescribed in clause 2 of this Article, the receiving agency is responsible for granting the license of signal generator using of priority vehicles to the agencies, organizations and indiduals managing priority vehicles; in case unqualified for granting the license of signal generator using of priority vehicles, there must be a written response clearly stating the reason;

The license of signal generator using of priority vehicles is valid for use within 05 (five) years from its granting date.

6. The granting fee of the license of signal generator using of priority vehicles.

The agencies, organizations and individuals that are granted the license of signal generator using of priority vehicles must make payment of fee as stipulated by law on fee and charge;

The traffic police agency that grants the license of signal generator using of priority vehicles is responsible for collection, remittance and management and use of fee as prescribed by the law.

Article 6. Responsibility for managing priority vehicles and the signal generators

1. The Ministries and sectors, People’s Committee of central-run cities and provinces are responsible for managing priority vehicles under the management competence as prescribed in Decree No. 109/2009/ND-CP this Circular and relevant legal regulations. Making statistic book about priority vehicles including: The vehicles are installed the signal generator of priority vehicles; a number of priority vehicles are damaged, wrecked, expired or liquidated.

2. Periodically 06 (six) months or 01 (one) year, the management agency  of priority vehicles shall provide data about priority vehicles to the Road and Rail Traffic Police Administration (for agencies and organizations at the localities) The Division of provincial-level traffic police will summarize and make report on the data of priority vehicles at the locality to the Road and Rail Traffic Police Administration.

3. Organizations and individuals producing, trading and importing the signal generator of priority vehicles must have monitoring books clearly recording and making complete and specific statistics the number, types and technical targets of the signal generator of priority vehicles produced, imported, sold, installed and the name, address of organizations and individuals purchasing the signal generator of priority vehicles and comply with the inspection and present the monitoring books upon requirement from the competent authorities.

Article 7 Inspecting and handling violation

1. Any act of violation on illegal production, trading, import, installation and use of the signal generator of priority vehicles will be strictly handled by regulations of law.

2. The Ministries, sectors, People’s Committees of central run cities and provinces are responsible for inspecting, reviewing and handling the violations on installation and use of the signal generator of priority vehicles and priority vehicles under the management competence.

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Chapter 3.

IMPLEMENTATION ORGANIZATION

Article 8. Effect

This Circular takes effect on May 05, 2012.

Article 9. Responsibility for implementation

1. The General Police Department for administrative management on social order and safety under the Ministry of Public Secutiry within its functions, duties and power to make direction, guidance, inspection and to supervise and speed up this Circular.

2. The agencies, organizations and individuals using their priority vehicles, based on their functions, duties and powers, are responsible for organizing, deploying and coordinating to strictly implement the installation and use of signal generator of priority vehicles as prescribed by this Circular.

3. Heads of agencies and units under the Ministry of Industry and Trade, Director of Service of Industry and Trade within their functions, duties and power are responsible for organizing the implementation of this Circular.

4. The Directors General of the General Department and the heads of units under the Ministry of Public Security, the Directors of provincial level Police, Director of Police Serivce of Fire Prevention and Extinguishment within their functions, duties and power are responsible for organizing the implementation of this Circular.

5. Any problem arising in the course of implementation should be promptly reported to the Ministry of Public Security ( via the General Police Department for administrative management on social order) and Ministry of Industry and Trade for timely guidance.

FORM NO.01

Promulgated together with the Joint Circular No. 04/2012/TTLT-BCA-BCT dated March 08, 2012

Form of the license of signal generator using of the priority vehicles.

1. The front side:

2. Back side

Note:

The senior agency of the licensing agency;

The licensing agency;

Type of priority vehicle;

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