When participating in traffic, everyone must obey the orders of the traffic police. Violations will be subject to corresponding penalties. So about the matter “Can the traffic police use force or not in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Decree 27/2010/ND-CP
- Circular 65/2020/TT-BCA
What are the duties of the Road Traffic Police?
According to the provisions of Clause 1, Article 9 of Decree 27/2010/ND-CP, stipulating the mobilization of other police forces and the Commune Police to coordinate with the Road Traffic Police in patrolling and controlling traffic order. Road traffic order and safety in case of necessity stipulate on the tasks of the Road Traffic Police, other police forces and the Commune Police when cooperating in patrolling and controlling order and safety. Specific road traffic as follows:
(1) Duties of the Road Traffic Police:
– Directing and administering the patrol, controlling traffic order and safety;
– Carry out patrol and control according to the plan approved by the competent authority;
– Sanctioning administrative violations according to competence.
Article 8 Circular 65/2020/TT-BCA – Circular stipulating tasks, powers, forms, contents and procedures for patrolling, controlling and handling administrative violations on road traffic by police Traffic – Regulations on the powers of the Traffic Police in patrolling and inspecting include:
– To stop vehicles participating in road traffic (hereinafter referred to as means of transport) in accordance with the provisions of the Road Traffic Law, this Circular and other relevant laws. Controlling people and vehicles participating in road traffic, papers of vehicle drivers, papers of means of transport and identity papers of people on vehicles under control in accordance with regulations of law. law; control the implementation of regulations on road transport activities according to the provisions of law;
– To apply measures to prevent and handle violations of road traffic, social order and other violations in accordance with law;
– To request agencies, organizations, and individuals to coordinate and assist in solving accidents, traffic jams, obstructions or other cases causing disorder and road traffic safety. In urgent cases to protect national security, ensure social order and safety, or to prevent consequences of damage to society that are occurring or are likely to occur, the Traffic Police is carrying out patrolling and controlling tasks may mobilize means of traffic, means of communication and other means of agencies, organizations, individuals and persons driving and using such means. The mobilization is done in the form of a direct request or in writing;
– To be equipped, installed and use means of transport, vehicles, professional technical equipment, weapons and supporting tools according to the provisions of law and the Ministry of Public Security;
– To temporarily suspend travel in certain sections of the road, redistribute traffic, redistribute routes and places to stop and park vehicles when there is a traffic jam, traffic accident or when there is a request other necessary requirements for ensuring social security, order and safety;
To exercise other powers of the People’s Public Security force in accordance with law.
In addition, in handling road traffic violations, the traffic police can apply preventive measures such as: Seizing violating vehicles; temporarily hold licenses and practice certificates; inspect the means of transport….
Can the traffic police use force or not in Vietnam?
If the violator’s opposing behavior is dangerous to society; When deeming it necessary to stop by force, the Traffic Police may attack the subject to control it. However, this act of hitting is also considered legal only if it is in the case of “legitimate defense” or “emergency situation” as prescribed by the Penal Code. Any behavior that exceeds the limit is a violation of the law.
Thus, at present, there is no regulation that allows the Traffic Police to hit people in traffic. Even if the road users have violated the road traffic law. In case the violator opposes, the Traffic Police may apply preventive measures; ensure the handling of administrative violations, but not allowed to hit violators
Therefore, in your case, hitting is an act of using force to infringe on the health and life of others. This is an illegal act; except for some cases of hitting people in case of legitimate defense in an emergency situation. Depending on the motive, purpose and consequences of the act, the violator may be administratively sanctioned or penalized.
Powers of Traffic Police
According to Article 5 of Circular 65/2012 – BCA, the Traffic Police has the following powers:
“first. To stop vehicles participating in road traffic; control the vehicle, its papers; control the person and papers of the vehicle driver, the identity papers of the person on the vehicle under control, the implementation of regulations on road transport activities in accordance with the law.
Handle administrative violations in the field of road traffic and social security, order and safety in accordance with law.
To apply measures to prevent and ensure the handling of administrative violations in accordance with law; temporarily seize the driver’s license, vehicle registration certificate and other papers related to the vehicle, the vehicle driver or the people on the vehicle when there is a violation of the law, documents related to the operation of the vehicle. transport activities to ensure the implementation of decisions on sanctioning administrative violations according to the provisions of law.
To request agencies, units, organizations and individuals to cooperate and assist in handling traffic accidents; traffic jams, obstructing traffic or other cases causing traffic disorder and safety.
To use weapons, supporting tools and professional technical means and equipment as prescribed by law.
To requisition all kinds of means of transport; means of communication; other technical means and equipment of agencies, organizations, individuals and operators, using such means and equipment as prescribed by law.
Temporarily suspend travel in certain sections of the road, redistribute traffic, re-route and stop vehicles, park vehicles when there is a traffic jam or other necessary requirements for ensuring safety security, order and social safety.
To exercise other powers as prescribed by law.”
What are the duties of other police forces and commune police?
Pursuant to the provisions of Clause 2, Article 9 of Decree 27/2010/ND-CP stipulating the mobilization of other police forces and the Commune Police to coordinate with the Road Traffic Police in patrolling and inspecting Controlling road traffic order and safety in case of necessity stipulates the duties of other police forces and the Commune Police, specifically as follows:
(2) Duties of other police forces and commune police:
– Carry out patrol and control under the direction and administration of the Road Traffic Police and according to the plan approved by the competent authority;
– Sanction administrative violations according to their competence when patrolling and controlling road traffic order and safety without the road traffic police accompanying them;
– Statistics and reports on cases and violations of the law, road traffic accidents; results of patrol, control of road traffic order and safety as assigned in the approved plan.
Accordingly, the task of the other police force and the commune police is to patrol and control under the direction and administration of the road traffic police and according to the plan approved by the competent authority. ; sanction administrative violations according to their competence when patrolling, controlling road traffic order and safety without the road traffic police accompanying them, and making statistics and reports on cases and violations of the law, road traffic accidents; results of patrol, control of road traffic order and safety as assigned in the approved plan.
Services of LSX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.
Please contact us immediately if you have any questions about “Can the traffic police use force or not in Vietnam?”
Contact LSX
Finally, hope this article is useful for you to answer the question about “Can the traffic police use force or not in Vietnam?” If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Please see more
- Review of police professional duties in Vietnam
- Procedures for return of seals at Vietnamese police offices
- Enterprises send Vietnamese workers to practice abroad
Frequently asked questions
If the subject is found to be so aggressive that it can threaten his life, the traffic police are allowed to use supporting tools or martial arts to control the subject. The ultimate goal is just to control the object, not damage.
Decree 208/2013/ND-CP clearly stipulates that, while on duty, if they encounter opposition, the law enforcer shall explain to the violator the mistake he has made and request an immediate cessation of the act. If they fail to comply, law enforcement officers may use arrest or coercion measures.
According to Clause 2, Article 11 of Circular 65/2020/TT-BCA, regulations on vehicles of the Traffic Police are as follows:
“2. Means of transport: Cars, patrol and control motorcycles, special-use vehicles, bicycles
a) Patrol and control cars and motorcycles (white paint), special-use vehicles, with the words Traffic police bilingual (Vietnamese and English), installed police lights, flags, and whistles to broadcast priority signals as prescribed by law;
b) The two sides of the patrol and control cars have blue reflective paint lines, in the middle there are the words “TRAFFIC police” in white (with reflective material), with the font size 10cm x 10cm, 03cm handwriting, balanced on both sides of the car; The two sides of the front door have the words “TRAFFIC POLICE” in blue (with reflective material), the maximum font size is two-thirds the size of the word “TRAFFIC POLICE” and the image of the Traffic Police insignia. between the words “TRAFFIC” and “POLICE”. Depending on the type of vehicle, the distance between the letters is arranged, the words are balanced and appropriate;
c) The two sides of the fuel tank or the sides or the sides of the trunk of a patrol and control motorcycle, the words “C.S.G.T” in blue (with reflective material) on the top, the words “TRAFFIC POLICE” on the bottom. ” in blue color (with reflective material), the maximum font size is two-thirds of the size of the letter “C.S.G.T”. Depending on the type of vehicle, the font size and spacing between the letters are arranged for balance and appropriateness;
d) The priority signal whistle shall be used in accordance with the provisions of law. Priority signal lights are used continuously in the following cases: Patrol, maneuver control; patrolling, controlling in the evening, at night or during the day in foggy or bad weather conditions that limit visibility.”
Thus, vehicles of the Traffic Police are regulated, including cars, patrol and control motorcycles, special-use vehicles, bicycles with their own colors, shapes and regulations.
Conclusion: So the above is Can the traffic police use force or not in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
