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|
MINISTRY OF
PUBLIC SECURITY OF VIETNAM |
SOCIALIST
REPUBLIC OF VIETNAM |
|
No. 13/2025/TT-BCA |
Hanoi, February 28, 2025 |
Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004; the Law on amendment to the Law on Inland Waterway traffic dated June 17, 2014; the Law on amendment to 37 Laws related to planning dated November 20, 2018;
Pursuant to the Law on Railroad dated June 16 of 2017;
Pursuant to the Law on Road Traffic Order and Safety dated June 27, 2024;
Pursuant to Decree No. 02/2025/ND-CP dated February 18, 2025 of the Government on functions, tasks, powers, and organizational structures of Ministry of Public Security;
At request of the Director of Traffic Police Department;
The Minister of Public Security promulgates Circular on amendment to Circulars on order and safety to road traffic, railway traffic, and inland waterway traffic.
1. Amend Article 4:
“Article 4. Document forms used in resolution of railroad traffic accidents
1. Document forms used in investigation and resolution of railroad traffic accidents are to conform to regulations of the Government on document forms used in administrative penalties, regulations of the Minister of Public Security on document forms, text, records on criminal investigations and document forms under Clause 2 of this Article.
2. Forms below are attached to this Circular:
a) Monitoring logbook of railroad traffic accident (Form No. 01/TNDS);
b) Record of accident (Form No. 02/TNDS);
c) Record of determination of technical parameters of railroad, crossing, road-rail bridge, bridge, tunnel related to railroad traffic accident (Form No. 03/TNDS);
d) Request of assessment solicitation, property valuation (Form No. 04/TNDS);
dd) Decision assigning officials to investigate, verify, resolve railroad traffic accident (Form No. 05/TNDS);
e) Plan for investigation, verification, and resolution of railroad traffic accident (Form No. 06/TNDS);
g) Record of scene examination of railroad traffic accident (Form No. 07/TNDS);
h) Layout of railroad traffic accident (Form No. 08/TNDS);
i) Report of scene examination of railroad traffic accident (Form No. 09/TNDS);
k) Record of examination of vehicle related to railroad traffic accident (Form No. 10/TNDS);
l) Report on proposition, resolution to railroad traffic accident (Form No. 11/TNDS);
m) Record of bodily injuries sustained by victim(s) (Form No. 12/TNDS);
n) Description of position of bodily injuries of victim(s) (Form No. 13/TNDS);
o) Notice of results of railroad traffic accident investigation, verification, and resolution (Form No. 14/TNDS);
p) Record of railroad traffic accident resolution (Form No. 15/TNDS);
q) Plan for reconstruction of railroad traffic accident scene (Form No. 16/TNDS);
r) Record of statement (Form No. 17/TNDS).”.
2. Amend Clause 1, Clause 2, and Clause 3 Article 6:
“1. Traffic Police Department shall, upon receiving notice on railroad traffic accident, inform Sub-departments of Traffic Police and send officials to the scene to cooperate in providing emergency medical care for accident victim(s), protecting the scene, protecting victim’s property, and determining individuals who are aware of the accident.
2. Sub-departments of Traffic Police receiving notice regarding railroad traffic accident are to assign officials to the scene to acknowledge, investigate, and resolve within their power. Where railroad traffic accident is as specified under Clause 3 of this Article, dispatched officials shall cooperate in providing emergency medical care, protecting the scene, protecting victim’s property, and determining individuals who are aware of the accident.
3. Where railroad traffic accident results in: death of a person at the scene, death of a person on an ambulance, death of a person who was receiving emergency medical care, potential death of a person; crushing, compression, injury amputation, or detachment of limb(s); fracture of limbs of at least 3 people; or at least 61% of bodily injury or at least 100 million VND worth in property damage which is determined on a grounded basis, officials of Sub-department of Traffic Police are to report to their Director and immediately inform competent investigating police authority affiliated to provincial police authority.“.
3. Amend Clause 6 Article 7:
“6. Mobilize civilians, civilian equipment and vehicles in case of emergency
In case of emergency for the purpose of taking victim to emergency care, pursuing perpetrators, pursuing hit-and-run perpetrators, accommodating personnel rescue or property rescue, or performing other emergency tasks to ensure social order and safety, exercise the right to mobilize civilians, civilian equipment and vehicles in accordance with Article 68 of the Law on Road Traffic Order and Safety of 2024.”.
4. Amend Clause 8 Article 7:
“8. Responsibility to implement tasks defined under Clauses 1, 2, 3, 4, 5, and 6 of this Article:
a) Where railroad accident other than Clause 3 Article 6 hereof is within the responsibility for investigation and resolution of Sub-department of Traffic Police and contains signs of criminal activities according to Article 267, Article 268, Article 269, Article 270, Article 271, or Article 281 of the Criminal Code 2015 (amended in 2017), officials of Sub-department of Traffic Police shall report to their Director in order to exercise their duties and powers in accordance with Article 38 of the Law on Organization of Criminal Investigation Authority of 2015 (amended in 2021) and Article 40 of the Criminal Proceeding Code of 2015 (amended in 2021);
b) Where railroad traffic accident does not fall under the case described in Point a of this Clause, Director of Sub-department of Traffic Police shall assign competent traffic police officers to carry out investigation, verification, and resolution in accordance with this Circular.”.
5. Add Clause 9 following Clause 8 Article 7:
“9. Where an injured person dies while receiving medical treatment or dies the cause of which is determined to be railroad accident in the process of investigation, verification, and resolution of the railroad traffic accident, officials of Sub-department of Traffic Police are to report to their Director and inform competent investigating police authority affiliated to provincial police authority.”.
6. Amend Clause 1 Article 15:
“1. Temporary suspension of exhibits, vehicle, license, certificate of vehicle operators involved in railroad traffic accident is to conform to Article 125 of the Law on Administrative Penalties of 2012 (amended in 2020) and other relevant law provisions.
Where documents related to persons and vehicles have been integrated to electronic ID, electronic identification account on national identification application, traffic police shall, upon imposing temporary suspension of documents, impose temporary suspension of documents on electronic environment.
Handling of exhibits, vehicle, license, practicing certificate of vehicle operators involved in railroad traffic accident is to conform to Article 126 of the Law on Administrative Penalties of 2012 (amended in 2020) and other relevant law provisions.”.
7. Amend Clause 11 Article 15:
“11. Judicial expertise and property damage valuation:
a) Where assessment of bodily injuries sustained by victims or trace assessment, professional technical assessment of vehicle, bridge, road, ferry, traffic structure quality directly related to railroad traffic accident is required to serve as the basis for resolution of traffic accident in accordance with Clause 1 Article 59 of the Law on Administrative Penalties of 2012 (amended in 2020) and property damage valuation, traffic police officers assigned to investigate, verify, resolve railroad traffic accident are to request competent head personnel entitled to make decision on assessment solicitation, property damage valuation to request agencies to carry out assessment and property valuation as per the law;
b) Where officers of Sub-department of Traffic Police deem assessment solicitation and property valuation in accordance with Article 205 or Article 215 of the Criminal Proceeding Code 2015 (amended in 2021) necessary in the process of verification, resolution of railroad traffic accidents within tasks and powers of agencies affiliated to police authority in people’s public security forces assigned to conduct investigation, the officers are to report to Director of Sub-department of Traffic Police in order to request investigating police forces affiliated to provincial police authority to carry out assessment, property valuation using Form No. 04/TNDS attached hereto. Sub-department of Traffic Police shall, within 24 hours after sending documents requesting investigating police forces to issue decision on assessment solicitation and property valuation, also send such request to People’s Procuracy of the same level as the requested investigating police forces;
c) Where railroad traffic accident victims or representatives thereof refuse to undergo injury assessment due to reasons other than force majeure or objective causes, encourage, convince, and inform railroad traffic accident victims or representatives thereof about their rights and obligations as per the law. Where railroad traffic accident victims or representatives thereof still refuse after being encouraged, convinced, and informed, prepare record stating reason for rejection which must be signed and verified by the victims or their representatives and eyewitnesses. Actively collect documents and medical record at medical examination and treatment establishments in order to cooperate with assessing bodies in writing if directly requesting accident victims to attend physical injury assessment is troublesome. Where railroad traffic accident victims or representatives thereof continue to resist or obstruct, depending on the nature and severity, actions are to be taken as per the law.”.
8. Add Article 15a following Article 15:
“Article 15a. Review of investigation, verification results of railroad traffic accidents
Traffic police officers, in the performance of tasks specified under Articles 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 hereof, shall determine:
1. Where criminal activities are not involved in railroad traffic accidents, report results and proposed resolutions using Form No. 11/TNDS attached hereto to competent head personnel entitled to issue notice of railroad traffic accident investigation, verification, resolution results using Form No. 14/TNDS attached hereto. Resolution of railroad traffic accidents shall conform to Article 16 hereof.
2. Where criminal activities are involved in railroad traffic accidents, officials of Sub-department of Traffic Police shall report to their Director to coordinate investigation resolution of railroad traffic accidents in accordance with Article 17 hereof;
3. Where perpetrators intentionally infringe upon lives, health, or property or intentionally cause railroad traffic accidents to conceal other violations of the law, traffic police officers shall request competent head personnel to transfer documents, exhibits, and vehicles to competent investigating authorities to prosecute criminal liabilities in accordance with Article 62 of the Law on Administrative Penalties of 2012 (amended in 2020).”.
9. Add Article 15b before Article 16:
“Article 15b. Time limit for investigation, verification, and resolution of railroad traffic accidents
1. Where criminal activities are not involved in railroad traffic accidents, traffic police shall carry out investigation, verification, and resolution within 7 working days; where railroad traffic accidents require additional verification or expertise assessment, the aforementioned time limit can be extended to a maximum of 1 month from the date on which traffic police receive report on railroad traffic accidents; where even more time is required for verification, document and proof collection, the aforementioned time limit can be extended to a maximum of 2 months from the date on which traffic police receive report on railroad traffic accidents. Such extension is to be reported to competent persons in writing using Form No. 11/TNDS attached hereto.
2. Where criminal activities are found in railroad traffic accidents under Point a Clause 8 Article 7 hereof or during investigation, verification, resolution of railroad traffic accidents under Point b Clause 8 Article 7 hereof, Sub-departments of Traffic Police shall verify and resolve within the time limit under Clause 1 and Clause 2 Article 147 of the Criminal Proceeding Code of 2015 (amended in 2021) and Article 9, Article 11 of Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated December 29, 2017 of the Minister of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development, the Supreme People’s Procuracy (amended by Joint Circular No. 01/2021/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated November 29, 2021) and Article 12 of Circular No. 28/2020/TT-BCA dated March 26, 2020 of the Minister of Public Security (amended by Circular No. 129/2021/TT-BCA dated December 31, 2021).”.
10. Amend Article 16:
“Article 16. Resolution of railroad traffic accidents via administrative procedures
On the basis of investigation and verification files and documents, traffic police officers shall request competent head personnel to resolve railroad traffic accidents as follows:
1. Inviting relevant parties to headquarters, informing relevant parties about investigation and verification results (concluded causes, development of railroad traffic accidents, faults of relevant individuals in railroad traffic accidents, administrative penalties), preparing railroad traffic accident resolution record using Form No. 15/TNDS, administrative offence notice (if any) in accordance with the Law on Administrative Penalties of 2012 (amended in 2020).
Where a party related to railroad traffic accidents is absent on reasonable grounds, preparing record of absence and setting up appointment date.
2. Requesting competent head personnel to issue decision on administrative penalties in railroad traffic (if any); where temporary suspension of license, practicing certificate is imposed, traffic police are to temporarily suspend license on electronic environment if such license has been integrated with electronic ID, electronic identification account on national identification application; deduction of driver's license merit points, restoration of driver's license merit points as per the law (if any).
3. Guiding parties related to railroad traffic accidents to settle civil damage compensation at their discretion.
Where relevant parties in railroad traffic accidents fail to negotiate and reach a civil compensation agreement, preparing records and guiding relevant parties to contact competent court to settle in accordance with civil proceeding procedures.
4. Upon concluding railroad traffic accident investigation, verification, and resolution, traffic police officers accepting the case shall finalize the paperwork, report the conclusion of investigation, verification, and resolution of railroad traffic accident to head personnel; implement statistics report, railroad traffic accident reports, register and store documents in accordance with regulations of Ministry of Public Security and relevant law provisions.
5. In respect of railroad traffic accidents accepted by investigating authorities, where decision not pressing criminal charge or decision annulling decision pressing criminal charge or decision suspending investigation or decision suspending the case is issued and where administrative violations of the case warrant the transfer of documents, exhibits, and vehicles of railroad traffic accidents to relevant traffic police forces and authorities for administrative penalties, traffic police officers accepting the case shall report to competent persons according to Article 63 of the Law on Administrative Penalties of 2012 (amended in 2020) and individual railroad traffic accidents according to Clause 2 of this Article.
6. Requesting presiding authorities in writing to take rectifying measures where agencies and entities accepting the case identify issues, problems, and shortcomings in state management of railroad traffic infrastructure, management of vehicle operators, or management of vehicles at the end of railroad traffic accident investigation, verification, and resolution.
7. Updating railroad traffic accident data to database on traffic accident, software for consolidating, synchronizing traffic accident data and resolution, and software for criminal investigation as per the law.”.
11. Amend Article 17:
“Article 17. Resolution of railroad traffic accidents with signs of criminal activities within capabilities of agency assigned to investigate
1. Where criminal activities found in railroad traffic accident investigation, verification, and resolution under Clause 8 Article 7 hereof are not to be transferred to competent criminal investigating authority in People’s Army, officers assigned to investigate, verify, resolve railroad traffic accidents affiliated to Sub-departments of Traffic Police shall report to their head personnel or assign their deputies, investigating officers or change their deputies, investigating officers and:
a) Sub-departments of Traffic Police shall inform provincial People’s Procuracy regarding reception of crime report; consider whether or not to press charge criminally as per the law;
b) Cooperate in soliciting assessment, property valuation in accordance with Clause 11 Article 15 hereof and Interdisciplinary Guideline No. 02/HDLN-BCA-VKSNDTC dated January 31, 2024;
c) Exercise investigating duties, powers under Article 38 of the Law on Organization of Criminal Investigation Authority of 2015 (amended in 2021), Article 40 of the Criminal Proceeding Code of 2015 (amended in 2021), Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated December 29, 2017 of the Ministry of Public Security, the Ministry of National Defense, the Ministry of Finance, the Ministry of Agriculture and Rural Development, the Supreme People’s Procuracy (amended by Circular No. 01/2021/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated November 29, 2021) and Circular No. 28/2020/TT-BCA March 26, 2020 of the Minister of Public Security (amended by Circular No. 129/2021/TT-BCA dated December 31, 2021).
2. Case files on railroad traffic accidents transferred to investigating police authority include:
a) Documents used by agency assigned to investigate issued under Circular No. 119/2021/TT-BCA;
b) Record of scene examination of railroad traffic accident; layout of railroad traffic accident scene; photograph of the scene; motion picture storage devices (if any);
c) Record of vehicle examination; record of suspension of exhibits, vehicles; decision suspending exhibits, vehicles; documents of vehicles, vehicle operators, and goods thereon (if any);
d) Record of statement and testimony of persons related to railroad traffic accidents;
dd) Record of physical injuries sustained by victims, layout of physical injury locations on victim’s bodily, record of railroad traffic accident reconstruction (if any);
e) Conclusion of assessment of loss of lives and properties; other relevant documents (if any);
g) Exhibits, vehicles, evidence related to the accidents (if any);
h) Record of case file delivery.”.
12. Add the phrase “Việt Nam” (Vietnam) after the phrase “Đường sắt” (Railroad) under Clause 4 Article 6; add the phrase “thiết bị tín hiệu đuôi tàu” (end of train device) after the phrase “hệ thống xả cát” (sand flushing system) under Point b Clause 2 Article 10.
13. Annul the following phrases:
a) Annul the phrase “và Khoản 3” (and Clause 3) under Clause 4 Article 6, the phrase “tố tụng hình sự” (criminal proceeding) under Clause 1, Clause 3 Article 10 and Clause 2 Article 14;
b) Annul the phrase “đề nghị người tiến hành tố tụng hình sự có thẩm quyền” (request competent criminal presiding officers) under Clause 2 and the phrase “đề nghị người tiến hành tố tụng có thẩm quyền” (request competent presiding officers);
c) Annul the phrase “Tham gia” (Participate) under Article 9, Article 10, Article 11, Article 12, Article 13, and Article 14.
14. Annul Clause 5 Article 6 and Clause 7 Article 7.
1. Amend Point b Clause 1 Article 5:
“b) Sub-departments of Traffic Police.”.
2. Amend Clause 5 Article 5:
“5. Other agencies, entities in people’s public security, upon receiving accident reports, have the responsibility to inform agencies, entities under Clause 1 of this Article in order to receive report regarding inland waterway traffic accident.
All traffic accidents are to be reported to Sub-departments of Traffic Police and commune-level police authority of communes where traffic accidents occur to take actions within their power or cooperate when requested.”.
3. Amend Point b Clause 2 Article 6:
“b) Where the reported inland waterway traffic accident does not occur in area in charge by the recipient, inform Sub-departments of Traffic Police in charge of the area to process and cooperate if needed.”.
4. Amend Clause 4 Article 6:
“4. Where complicated traffic accident causes death of or missing of at least 3 people; extended traffic congestion throughout the route, administrative divisions, provinces; catastrophes or situations requiring joint rescue, traffic regulation, control operations of police forces of multiple provinces and central-affiliated cities, immediately report to director of provincial police forces (via counseling department or sub-departments of traffic police) and Ministry of Public Security (via Traffic Police Department).”.
5. Amend Clause 6 and Clause 7 Article 6:
“6. Sub-departments of Traffic Police, upon receiving report of traffic accident under Clause 4 of this Article or traffic accident involving foreigners or traffic accident involving people’s public security officials and officers, shall report the case in accordance with Circular No. 66/2022/TT-BCA dated December 30, 2022 of the Minister of Public Security.
7. Where traffic police officers arrive at the scene after relevant parties have left (the scene is not preserved), traffic police officers shall prepare a record of event using Form No. 02/TNDT attached hereto.”.
6. Amend Point a Clause 7 Article 7 as follows:
a) Where traffic accident results in: death of a person at the scene, death of a person on an ambulance, death of a person who was receiving emergency medical care, potential death of a person; crushing, compression, injury amputation, or detachment of limb(s); traumatic brain injury; fracture of limbs of at least 3 people; or at least 61% of bodily injury or at least 100 million VND worth in property damage which is determined on a grounded basis, officials of Sub-department of Traffic Police are to report to their Director and immediately inform competent provincial traffic police authority;“.
7. Amend Clause 2 Article 8:
“2. Traffic police officers assigned to arrive at the scene are to conduct investigation, verification, and resolution of traffic accidents, prepare record of event using Form No. 02/TNDT attached hereto. Within 24 hours from the moment in which traffic police officers prepare record of administrative case, the traffic police officers shall also report to competent head personnel to issue decision assigning officers to investigate, verify, resolve traffic accidents using Form No. 04/TNDT attached hereto, develop plan for verification and resolution of traffic accident using Form No. 03/TNDT attached hereto which is to be approved by competent head personnel; notice of administrative offence is to be prepared immediately after determining perpetrators.”.
8. Amend Point c Clause 3 Article 9 as follows:
“c) Examination personnel composition:
Depending on the nature and characteristics of traffic accident, examination personnel is to be determined as follows: criminal technique officers; fire prevention, firefighting, and rescue police department; police forces of communes, wards, towns, police stations of districts in areas without communes where traffic accident occurs; representatives of inland waterway craft registration and inspection entities, or qualified individuals and organizations (related to examination of inland waterway craft); representatives of entities inland waterway; representatives of entities with engineering qualifications related to water structures, river-crossing structures; eyewitnesses and persons with related benefits and obligations; representatives of commune-level governments of communes where traffic accident occurs; representatives of facilities, enterprises (persons with field-specific knowledge in property price and valuation) for determining initial property damage;”.
9. Amend Article 10:
“Article 10. Temporary suspension, handling of exhibits, vehicles, license, practicing certificate under administrative procedures
1. Temporary suspension of exhibits, vehicles, certificate of qualifications, license, practicing certificate (hereinafter referred to as “license, practicing certificate”) of shipmates related to inland waterway traffic accidents shall conform to Article 125 of the Law on Administrative Penalties of 2012 (amended in 2020) and other relevant law provisions.
Where documents related to persons and vehicles have been integrated to electronic ID, electronic identification account on national identification application, traffic police shall, upon imposing temporary suspension of documents, impose temporary suspension of documents on electronic environment.
2. Prior to extension of temporary suspension period of exhibits, vehicles, license, practicing certificate of shipmates, officials assigned to conduct investigation, verification, resolution of inland waterway traffic accidents are to report to and request competent head personnel to extend temporary suspension period using Form No. 14B/TNDT attached hereto.
3. Handling of exhibits, vehicle, license, practicing certificate of shipmates involved in inland waterway traffic accident is to conform to Article 126 of the Law on Administrative Penalties of 2012 (amended in 2020) and other relevant law provisions.
4. Following conclusion of vehicle examination, where vehicle operators are not at fault and have not violated other relevant law provisions, vehicles are to be returned to owners or operators immediately.”.
10. Amend Clause 1 Article 14:
“1. Where bodily injury assessment, property damage valuation, physical mark assessment, professional technical assessment of vehicles, bridges, ferries, stream-crossing structures, subsurface structures, ports, inland waterway ports, traffic arrangement solutions, traffic structure quality is required to accommodate resolution of traffic accidents in accordance with administrative laws, traffic police officers shall request competent head personnel to issue decision soliciting assessment in accordance with regulations of the Government on document forms used in administrative penalties in order to request agencies entitled to assessment, property valuation as per the law.”.
11. Amend Point c Clause 4 Article 15 as follows:
“c) Examination and verification of vehicles, vehicle operators; passengers, goods, load transported, and relevant documents requires representatives of establishments, enterprises (individuals with an understanding in prices, property valuation) in order to accommodate property damage valuation and is to be recorded in accordance with regulations of the Government on document forms used in administrative penalties.”.
12. Amend Clause 2 Article 17:
“2. Where there are signs of criminal activities in traffic accidents in accordance with Articles 272, 273, 274, 275, 276, and 281 of the Criminal Code of 2015 (amended in 2017), officers of Sub-departments of Traffic Police are to report to their director to coordinate investigation, resolution of traffic accidents in accordance with Article 20 hereof.”.
13. Amend Point a Clause 2 Article 20 as follows:
“a) Documents used by agency assigned to investigate are issued under Circular No. 119/2021/TT-BCA dated December 8, 2021 of the Minister of Public Security;”.
14. Amend Point g Clause 2 Article 20:
“g) Record of case file delivery using Form No. 240 attached to Circular No. 119/2021/TT-BCA.”.
15. Amend Article 23:
“Article 23. Examination of traffic accident investigation and resolution
1. Examination of inland waterway traffic accident investigation, verification, and resolution shall conform to this Circular and Circular No. 35/2024/TT-BCA dated August 2, 2024 of the Minister of Public Security.
2. Where traffic accidents under Clause 4 Article 6 hereof occurs or heads of Ministry of Public Security direct so, Traffic Police Department has the responsibility to cooperate with relevant entities and local police forces to examine traffic order and safety assurance in order to evaluate causes, responsibilities of individuals, organizations causing traffic accidents.”.
16. Amend Clause 1 and Clause 2 Article 24:
“1. Sub-departments of Traffic Police shall use form attached to Circular No. 119/2021/TT-BCA if they discover signs of criminal activities in inland waterway traffic accident in the process of investigating, verifying, resolving inland waterway traffic accident.
2. Where investigation, verification, and resolution of inland waterway traffic accidents conform to administrative procedures, forms compliant with regulations of the Government on forms used in administrative penalties and forms under Clause 3 of this Article are to be used.”.
17. Amend Point b Clause 3 Article 24:
“b) Record of event (Form No. 02/TNDS);”.
18. Amend Clause 2 Article 26:
“2. Where signs of criminal activities are found in traffic accidents via initial investigation and verification work, Sub-departments of Traffic Police shall transfer the entirety of files, documents, vehicles related to the accidents to competent criminal investigation authority in people’s army. After transferring the aforementioned items to criminal investigating authority in people’s army, Sub-departments of Traffic Police have the responsibility to cooperate at request of criminal investigating authority in people’s army.”.
19. Replace the phrase “Công an cấp huyện” (district-level police) with the phrase “Công an cấp tỉnh” (provincial-level police) under Clause 8 Article 7 and Article 29; replace the phrase “bàn giao cho Công an cấp huyện” (transfer to district-level police) with the phrase “Phòng Cảnh sát giao thông” (Sub-departments of Traffic Police) under Article 29.
20. Annul the following phrases:
a) The phrase “Cảnh sát đường thủy” (waterway police) under Article 1;
b) The phrase “Công an cấp tỉnh hoặc đơn vị Cảnh sát đường thủy” (provincial-level police or waterway police) under Clause 1 Article 6;
c) The phrase “đồng thời thông báo cho Công an cấp huyện nơi xảy ra vụ tai nạn giao thông biết hoặc yêu cầu phối hợp điều tra, xác minh, giải quyết vụ tai nạn giao thông theo quy định” (simultaneously inform district-level police of districts where the traffic accidents occur or request cooperation in traffic accident investigation, verification, and resolution as per the law) under Point a Clause 2 Article 6;
d) The phrase “với Công an cấp huyện nơi xảy ra vụ tai nạn giao thông” (with district-level police of districts where traffic accidents occur) under Clause 5 Article 6.
21. Annul Point a Clause 1 Article 5, Clause 3 Article 6, Point c Clause 1 Article 22.
1. Insert Point c after Point b Clause 4 Article 6:
“c) Develop plans for patrol, control, handling of violation in their jurisdiction under Plan approved by the Director of Traffic Police Department.”.
2. Amend Clause 7 Article 6:
“7. Directors of commune-level, district-level police, police stations in districts without communes (hereinafter referred to as “directors of commune-level police): exercise traffic order and safety, security and order assurance for persons, vehicles at stream-crossing stations for passenger transport and waters that have not been declared belonging to commune-level administrative divisions.”.
3. Amend Point c Clause 1 Article 16 as follows:
“c) Send notice (Form No. 02/36) requesting vehicle owners, organizations, individuals related to administrative violations to arrive at headquarters of police forces that discover the violation or commune-level police headquarters, Sub-departments of Traffic Police of area of their residence to resolve administrative violations if traveling is difficult in accordance with Clause 2 Article 15 of Decree No. 135/2021/ND-CP dated December 31, 2021 of the Government.”.
4. Replace the following phrases:
a) The phrase “Trưởng Công an cấp huyện” (directors of district-level police) with the phrase “Trưởng phòng Cảnh sát giao thông” (Director of Sub-departments of Traffic Police) under Clause 2 Article 16;
b) The phrase “Công an cấp huyện” (district-level police) with the phrase “Phòng Cảnh sát giao thông” (Sub-departments of Traffic Police) under Clause 3 and Clause 4 Article 16.
5. Annul the following phrases:
a) The phrase “Trưởng phòng cảnh sát đường thủy” (directors of waterway police departments) and the phrase “(sau đây viết gọn là Trưởng phòng Cảnh sát giao thông); Trưởng Công an quận, huyện, thị xã, thành phố thuộc tỉnh; Trưởng Công an quận, huyện, thành phố thuộc thành phố trực thuộc trung ương (sau đây viết gọn là Trưởng Công an cấp huyện)” [hereinafter referred to as “Directors of Sub-departments of Traffic Police”); directors of district-level police; director of district-level, city-level, provincial-level police (hereinafter referred to “directors of district-level police”)] under Clause 5 Article 6;
b) The phrase “Trưởng Công an cấp huyện” (directors of district-level police) under Point a and Point b Clause 6 Article 6, Point b Clause 1 Article 8;
c) The phrase “lãnh đạo Công an cấp huyện” (heads of district-level police) under Clause 4 Article 15;
d) The phrase “Công an cấp huyện” (district-level police) under Clause 1 Article 19 and the phrase “Trưởng Công an cấp huyện” (director of district-level police) under Clause 3 Article 19.
6. Annul Point c Clause 1 Article 17.
7. Replace Forms No. 1, 2, and 5 attached to Circular No. 36/2023/TT-BCA with Forms No. 1/36, 2/36, and 5/36 attached hereto.
1. Annul the following phrases:
a) Annul the phrase “Đội Cảnh sát giao thông, trật tự Công an cấp huyện” (Traffic and order police forces of district-level police) under Point a Clause 1 Article 10;
b) The phrase “sử dụng tại Công an cấp huyện” (use at district-level police) under Clause 4 Article 29.
2. Annul Clause 2 Article 30 and Point g Clause 3 Article 30.
1. Amend Point b Clause 1 Article 18:
“b) Send notice requiring vehicle owners, organizations, individuals related to administrative violations to arrive at headquarters of police forces that discover the administrative violations or headquarters of traffic police forces affiliated to Sub-departments of Traffic Police of the area of their residence to process administrative violations or headquarters of police forces that discover the administrative violations where traveling is difficult in accordance with Clause 2 Article 15 of Decree No. 135/2021/ND-CP. Such notice of offence is to be sent as physical form or electronic form (where technical, information, communication infrastructure requirements are met).”.
2. Annul the following phrases:
a) The phrase “Trưởng Công an huyện, quận, thị xã, thành phố thuộc tỉnh, thành phố trực thuộc trung ương (sau đây viết gọn là Trưởng Công an cấp huyện)” [directors of district-level, province-affiliated city, central-affiliated city police (hereinafter referred to as “directors of district-level police”)] under Clause 3 Article 6;
b) The phrase “Trưởng Công an cấp huyện” (directors of district-level police) under Clause 3 Article 8;
c) The phrase “Dội Cảnh sát giao thông - trật tự” (traffic - order police forces) under Clause 4 Article 8.
3. Annul Point c Clause 1 Article 19.
Amend Clause 1 Article 6:
“1. Examination includes:
a) Examination of understanding of regulations of the law pertaining to road traffic order and safety which uses questionnaire for examination for driver’s license developed and promulgated by Traffic Police Department (hereinafter referred to as “law theory exam”);
b) Examination of understanding of regulations of the law pertaining to road traffic order and safety which includes computer simulation of traffic situations developed and promulgated by the Ministry of Public Security (hereinafter referred to as “law simulation exam”).”.
1. Amend Clause 1 Article 26:
“1. Eligibility of examinee: examinee is a professional officer in traffic police force; examinee is in possession of a driver’s license of which class is equivalent to the class of driver's license the examinee is applying for at least 3 years from the date of issue, with undepleted merit points, and unexpired effective period; examinee has participated in examination courses and received examinee card issued by Traffic Police Department.”.
2. Amend Point a Clause 2 Article 26 as follows:
“a) Examinee card is to be issued to eligible officer in accordance with Clause 1 of this Article and has effective period corresponding to effective period of driver’s license but not exceeding 3 years from the date of issue;”.
3. Amend Clause 3 Article 31:
“3. Driver’s license issued to officials and officers in people’s public security carries a distinct serial number consisting of 12 digits. Where driver’s license is renewed or reissued, the new driver’s license shall use form prescribed by this Circular.”.
4. Amend Point c Clause 3 Article 33 as follows:
“c) For cases detailed under Point d Clause 1 of this Article, traffic police authorities governing driver’s license are to inform competent authorities in people’s army to cooperate in management. Class of a renewed driver’s license for use in people’s public security shall match that of the previous driver’s license. CX-class driver's license issued by the Ministry of National Defense can be renewed as C-class driver’s license in people’s public security in accordance with Point e Clause 1 Article 31 hereof. Effective period and number of driver’s license shall conform to Clause 2, Clause 3 Article 31 hereof.”.
5. Amend Point a Clause 1 Article 36 as follows:
“a) Where driver’s license has been expired for less than 3 months and is required due to work reasons in which case written request stating reasons and verification of agencies and working entities is provided, the driver’s license shall be eligible for renewal in accordance with Clause 2 and Clause 3 Article 33 hereof. Where such request is not prepared, passing the theory examination again is to be required for the purpose of renewing driver’s license;”.
6. Amend Clause 7 Article 36:
“7. Where officials or officers holding people’s public security driver’s license cease to participate in security details, they have the right to change current driver’s license to driver’s license compliant with forms attached to Circular of the Minister of Public Security.”.
7. Replace Form No. 16 attached to Circular No. 66/2024/TT-BCA with Form No. 16/66 attached hereto.
Annul the phrase “Công an huyện, quận, thị xã, thành phố thuộc tỉnh, thành phố thuộc thành phố trực thuộc Trung ương” (police authorities of districts, province-affiliated cities, central-affiliated cities) under Point b Clause 1 Article 4.
1. Annul the phrase “Trưởng Công an huyện, quận, thị xã, thành phố thuộc tỉnh, thành phố trực thuộc trung ương (sau đây viết gọn là Trưởng Công an cấp huyện)” [directors of district-level, province-affiliated city, central-affiliated city police (hereinafter referred to as “directors of district-level police”)] under Point a Clause 1 Article 5.
2. Replace Form No. 03A and Form No. 03B attached to Circular No. 69/2024/TT-BCA with Form No. 03A/69 and Form No. 03B/69 attached hereto.
1. Amend Clause 10 Article 4:
“10. Road traffic accidents are to be reported to Sub-departments of Traffic Police and commune-level, ward-level police, police stations of districts in absence of commune-level administrative division (hereinafter referred to as “commune-level police”) of areas where the road traffic accidents occur in order to resolve or cooperate when requested and monitor, prepare statistics, consolidate information on road traffic accidents in the area.”.
2. Amend Point b Clause 1 Article 5:
“b) Where reported road traffic accidents do not occur on their patrol, control jurisdiction, inform Sub-departments of Traffic Police for performance of tasks in accordance with this Circular.”.
3. Amend Point b Clause 2 Article 5:
“b) Where reported road traffic accidents do not occur on their patrol, control jurisdiction, inform Traffic Police Department for performance of tasks in accordance with this Circular.”.
4. Replace the following phrases:
a) The phrase “Công an cấp huyện” (district-level police) with the phrase “Phòng Cảnh sát giao thông” (Sub-departments of Traffic Police) under Point Clause 1 Article 5;
b) The phrase “Cơ quan Cảnh sát điều tra Công an cấp huyện” (investigating police of district-level police) with the phrase “Cơ quan Cảnh sát điều tra Công an cấp tỉnh” (investigating police of provincial-level police) under Point b Clause 7 Article 6, Point a Clause 8 Article 6 and Point a Clause 9 Article 6;
c) The phrase “Viện kiểm sát nhân dân cấp huyện” (district-level People’s Procuracy) with the phrase “Viện kiểm sát nhân dân cùng cấp” (same-level People’s Procuracy) under Point b Clause 7 Article 6.
5. Annul the following phrases:
a) The phrase “Công an cấp huyện” (district-level police) under Point a Clause 4 Article 5, Clause 5 and Clause 6 Article 5;
b) The phrase “đồng thời thông báo ngay cho Công an cấp huyện nơi xảy ra vụ tai nạn giao thông đường bộ để phối hợp giải quyết” (and immediately inform district-level police of districts where road traffic accidents occur for cooperation) under Point b Clause 4 Article 5;
c) The phrase “Đối với cán bộ Cảnh sát giao thông Công an cấp huyện, báo cáo Trưởng Công an cấp huyện phân công Cảnh sát điều tra tiếp nhận điều tra, giải quyết” (For traffic police officers affiliated to district-level police, report to directors of district-level police to assign investigating police to investigate, resolve) under Point a Clause 8 Article 6;
d) The phrase “Trạm” (Station) under Point c Clause 3 Article 8.
6. Annul Point c Clause 1 Article 4, Clause Article 5, Point c Clause 4 Article 5, Point b Clause 9 Article 6, and Point b Clause 2 Article 16.
1. Amend Point b, Point c Clause 1 Article 24:
“b) Where vehicle owners, organizations and individuals related to administrative violations do not reside in or are not based in districts where police authorities discover the violations and where such administrative violations are within the power to impose penalties of directors of commune-level, ward-level police authorities, police stations in districts in absence of commune-level administrative division (hereinafter referred to as “directors of commune-level police”), collected results are to be transferred to commune-level police of areas where vehicle owners, organizations, individuals related to the administrative violations reside or are based in via professional means and equipment under Form No. 03/73 attached hereto in order to resolve, process the violations (if internet connection is available, such transferred is to be implemented via electronic means).
Where directors of commune-level police do not have the authority to impose penalties for administrative violations or lack internet connection to do so, directors of commune-level shall transfer collected results via professional technical means and equipment to Sub-departments of Traffic Police of administrative divisions where organizations, individuals related to administrative violations reside or are based in using Form No. 03/73 attached hereto;
c) Send notice (Form No. 01/73) requiring vehicle owners, organizations, individuals related to administrative violations to arrive at headquarters of police forces that discover the administrative violations or headquarters of traffic police forces affiliated to Sub-departments of Traffic Police of the area of their residence to process administrative violations or headquarters of police forces that discover the administrative violations where traveling is difficult in accordance with Clause 2 Article 15 of Decree No. 135/2021/ND-CP. Notice of violation is to be sent in form of physical documents or electronic documents via data connection and sharing methods via VNeTraffic application where technical and information infrastructures are satisfied.
Update information of offending vehicles (type of vehicles; license plates, license plate color; time and location of violations, details of violations; entities that discover the violations; entities that resolve the issues, contact phone number) on website of Traffic Police Department, VNeTraffic application to enable vehicle owners, organizations, individuals related to administrative violations to look up and contact for resolution.”.
2. Amend Point b Clause 1 Article 29:
“b) Directors of provincial-level police shall decide to mobilize other forces in people’s public security under their authority to cooperate with traffic police in patrol and control activities in their jurisdiction.”.
3. Amend Point a Clause 1 Article 30 as follows:
"a) Develop plans for patrolling, controlling road traffic order, safety
Where Minister of Public Security decides on the mobilization, Traffic Police Department has the responsibility to develop plans. Where directors of provincial-level police decide on the mobilization, Sub-departments of Traffic Police have the responsibility to develop plans;”.
4. Amend Point c Clause 2 Article 30 as follows:
“c) Where traffic police forces are not available, commune-level police forces are only entitled to conduct inspection and violation handling on roads in their jurisdiction in accordance with plans promulgated by competent authority and report implementation results to traffic police forces; where motorbike, moped, non-motorized vehicle operators commit any of the violations below, they shall be met with punitive actions as per the law: failure to don helmets as per the law; carrying more passengers than allowed; carrying bulky or oversized goods; stopping or parking in an unlawful manner; swerving, operating two-wheeled vehicles on one wheel; failure to install rear-view mirrors on the left side of the vehicle; using umbrellas; tugging or propelling other vehicles, items; operating vehicles while underage or found committing serious violations pertaining to road traffic order, safety, social order and security.
Where other violations are found in the process of handling a violation, actions shall be taken within authority or notice of administrative offence shall be prepared if the violations are beyond power of handling authority and the violations are to be reported to competent authority. Procedures for pulling over vehicles, inspecting, taking actions against violation are to conform to this Circular.”.
5. Replace the following phrases:
a) The phrase “Trưởng Công an xã, phường, thị trấn” (directors of commune-level, ward-level police) with the phrase “Trưởng Công an cấp xã” (directors of commune-level police) under Clause 2 Article 24;
b) The phrase “Công an xã, phường, thị trấn” (commune-level, ward-level police) with the phrase “Công an cấp xã” (commune-level police) under Clause 3, Clause 4, and Clause 5 Article 24; Clause 5 Article 25;
c) The phrase “Trưởng Công an cấp huyện” (directors of district-level police) with the phrase “Trưởng phòng Cảnh sát giao thông” (Director of Sub-departments of Traffic Police) under Clause 2 Article 24;
d) The phrase “Công an cấp huyện” (district-level police) with the phrase “Phòng Cảnh sát giao thông” (Sub-departments of Traffic Police) under Clause 3, Clause 4, and Clause 5 Article 24.
6. Annul the following phrases:
a) The phrase “Trưởng Công an huyện, quận, thị xã, thành phố thuộc tỉnh, thành phố trực thuộc trung ương (sau đây viết gọn là Trưởng Công an cấp huyện)” [directors of district-level, province-affiliated city, central-affiliated city police (hereinafter referred to as “directors of district-level police”)] under Clause 4 Article 6;
b) The phrase “Trưởng Công an cấp huyện” (directors of district-level police) under Point a Clause 3 Article 7, Clause 3 Article 10;
c) The phrase “Dội Cảnh sát giao thông - trật tự” (traffic - order police forces) under Clause 4 Article 10.
7. Annul Point c Clause 1 Article 25, Point c Clause 1 Article 29.
8. Replace Forms No. 1, 2, 3, and 5 attached to Circular No. 73/2024/TT-BCA with Forms No. 1/73, 2/73, 3/73 and 5/73 attached hereto.
1. Amend Clause 8 Article 3:
“8. Organizations, individuals winning motor vehicle, motorbike, moped license plate via auction have the right to choose whether to register the license plate at Sub-departments of Traffic Police of administrative divisions where they reside or are based in or Sub-departments of Traffic Police governing the license plate in question.”.
2. Amend Clause 9 Article 3:
“9. Organizations and individuals are based in or reside in areas that lack commune-level administrative division may choose to register vehicles at Sub-departments of Traffic Police or police stations tasked with vehicle registration.”.
3. Amend Point b Clause 2 Article 4:
“b) Motor vehicles, motorbikes, and mopeds of which license plates are won through auction;”.
4. Amend Clause 4 Article 4:
“4. Commune-level, ward-level police, police stations of districts in absence of commune-level administrative divisions (hereinafter referred to as “commune-level police”) shall proceed with vehicle registration as follows:
a) Commune-level police authorized to process vehicle registration before the effective date hereof shall proceed with registration of motor vehicles, specialized vehicles, motorbikes of domestic organizations and individuals that are based in or reside in the area (other than those under Clause 1, Clause 2 of this Article);
d) Commune-level police of communes where district-level police are previously based or vehicle registration bodies shall register motor vehicles, specialized vehicles, motorbikes of domestic organizations and individuals that are based in or reside in the area and in communes, wards of districts, cities of which local government has not been tasked with vehicle registration (other than those under Clause 1, Clause 2 of this Article).”.
5. Amend Clause 5 Article 4:
“5. For communes with particular local conditions, on the basis of number of vehicles for registration, geographical distance, directors of provincial-level, central-affiliated city police (hereinafter referred to as “provincial-level police”) shall negotiate with Director of Traffic Police Department to implement vehicle registration as follows:
a) For communes where number of vehicles to be registered exceeds local government’s capability, in addition police of said communes, police of adjacent communes tasked with vehicle registration shall provide assistance in vehicle registration for domestic organizations, individuals that are based in or reside in the area;
b) For districts that lack commune-level administrative divisions, police stations or Sub-departments of Traffic Police are to be tasked with vehicle registration;
c) Where commune-level police under Point b Clause 4 of this Article are unsatisfactory to be tasked with vehicle registration, police of other communes in the area shall proceed with vehicle registration;
d) Continue to delegate vehicle registration to commune-level police that has not been delegated to implement vehicle registration before June 30, 2026.”.
6. Amend Point b Clause 3 Article 11:
“b) Sale invoices of public property or sale invoices of state property or sale invoices of confiscated property or record of property delivery (for handling in form of reassignment) as per the law.”.
7. Amend Point c Clause 1 Article 14 as follows:
“c) Vehicle registration officials are to receive first-time vehicle registration documents in their entirety via public service portal, national identification application and transfer to vehicle registration and management system for examining, editing vehicle registration data (without conducting physical inspection, taking pencil impression of engine number, chassis number, taking vehicle photographs as per the law); printing vehicle registration declaration, certificate of vehicle registration; requesting competent head personnel to approve, sign vehicle documents, certificate of vehicle registration and relevant documents; appending seal to vehicle documents. Return certificate of vehicle registration, license plate (append identification seal to license plate acquired through auction or seal of clean energy, green, environmentally friendly energy as per the law) to vehicle owners via post service or in-person at vehicle registration bodies;”.
8. Amend Point b Clause 2 Article 27:
“b) Based on list of motor vehicles with expired service life, discarded vehicles, vehicles not permitted for operation in accordance with regulations of the law provided by vehicle registration bodies, commune-level police shall inform vehicle owners or current vehicle users that are based in or reside in the area, revoke certificate of vehicle registration, license plate and issue certificate of revocation (physical or electronic). Where commune-level police has not been tasked with vehicle registration, the commune-level police shall revoke and transfer certificate of vehicle registration, license plate to police authority that has been tasked with vehicle registration in order to revoke on vehicle registration and management system as per the law;”.
9. Amend Clause 3 Article 34:
“3. Schedules under Points a, b, c, dd, e, q, and r Clause 2 of this Article are to be printed secure at Department of Security Industry. Traffic Police Department has the responsibility to order the printing process at request of local police authorities. On the basis of practical demand of commune-level police and police entities, Sub-departments of Traffic Police shall send notice to Traffic Police Department and request manufacturing entities to order printing and pay as per the law.”.
10. Annul the phrase “Công an cấp huyện” (district-level police) under Clause 1 Article 10 and the phrase “công ích” (public) under Clause 6 Article 3; Point a Clause 1 Article 14; Point a and Point d Clause 2 Article 14; Point c and Point d Clause 2 Article 17; Clause 2 Article 20; Point a, Point b, Point c Clause 1 Article 21; Point b Clause 2 Article 21; Point a Clause 1 Article 26; Point d Clause 1 Article 29.
11. Annul Clause 3 Article 4.
12. Forms No. DKX01, DKX02, DKX03, DKX05, DKX06, DKX07, DKX08, DKX09, and DKX10 under Circular No. 79/2024/TT-BCA are to be replaced with forms No. DKX01/79, DKX02/79, DKX03/79, DKX05/79, DKX06/79, DKX07/79, DKX08/79, DKX09/79 and DKX10/79 attached hereto.
1. Amend Point a Clause 1 Article 5 as follows:
“a) ID card, certificate of ID Card;”.
2. Amend Point dd Clause 1 Article 5:
“dd) Certificate of vehicle registration; driver’s license issued by police authority; certificates, certification; licenses for public security affairs;”.
1. This Circular comes into force from March 01, 2025.
2. Director of Traffic Police Department is responsible for monitoring, guiding, examining, and expediting implementation of this Circular.
3. Heads of entities affiliated to Ministry of Public Security, directors of police authorities of provinces and central-affiliated cities, and relevant agencies, organizations, and individuals are responsible for the implementation of this Circular.
4. Difficulties that arise during implementation of this Circular are to be reported to the Ministry of Public Security (via Traffic Police Department)./.
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