Thông tư 63/2020/TT-BCA điều tra giải quyết tai nạn giao thông đường bộ của Cảnh sát giao thông

CIRCULAR

PROCEDURES FOR INVESTIGATION AND HANDLING OF ROAD TRAFFIC ACCIDENTS BY TRAFFIC POLICE FORCES

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;

Pursuant to the Law on Road Traffic dated November 13, 2008;

Pursuant to the Criminal Code dated November 27, 2015 (the Law on amendments to the Criminal Code dated June 20, 2017);

Pursuant to the Criminal Procedure Code dated November 27, 2015;

Pursuant to the Law on Organization of Criminal Investigation Bodies dated November 26, 2015;

Pursuant to the Law on the People’s Public Security Force dated November 20, 2018;

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Pursuant to the Government’s Decree No. 01/2018/ND-CP dated August 06, 2018 on functions, tasks, powers and organizational structure of the Ministry of Public Security;

At the request of the Director of Department of Traffic Police;

The Minister of Public Security promulgates Circular on procedures for investigation and handling of road traffic accidents by traffic police forces.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides for procedures for investigation and handling of road traffic accidents (hereinafter referred to as “traffic accidents") by traffic police forces.

Article 2. Regulated entities

1. Police officers serving in competent units and local departments.

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3. Relevant People’s Public Security officers and non-commissioned officers.

4. Agencies, organizations and individuals related to investigation and handling of traffic accidents.

 Article 3. Principles of investigation and handling of traffic accidents

1. All traffic accidents shall be investigated and handled in a quick, prompt, proper, objective and comprehensive manner; agencies and units receiving and processing notifications of traffic accidents shall urgently appoint officers to be present at the crash scene for handling according to regulations of this Circular and other relevant laws.

2. Traffic police forces shall closely cooperate with other People’s Public Security forces in investigating and handling traffic accidents, thereby ensuring centralization and uniformity under the direction of the chiefs of public security authorities at all levels. Inferior agencies, units and individuals shall follow instructions and directions about investigation and handling of traffic accidents of superior agencies, units and individuals; individuals shall be responsible to the heads of units and the law for their acts and decisions.

3. It is prohibited to abuse and misuse investigation and handling of traffic accidents in order to infringe the State’s interests and legitimate rights and interests of organizations or individuals.

Article 4. Standards applicable to a traffic police officer in charge of investigation and handling of traffic accidents

1. Graduate from a Vietnam People’s Security University or Vietnam People's Police University or obtain at least a bachelor's degree in law. Graduates of non-police universities must complete security or police training courses.

2. Have worked as traffic police forces for at least 06 months.

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Chapter II

SPECIFIC PROVISIONS

Section 1. ORGANIZATION OF RECEIPT AND PROCESSING OF NOTIFICATIONS AND INITIAL HANDLING

Article 5. Organization of receipt of notifications of traffic accidents

1. Traffic police units responsible for receiving notifications include:

a) Traffic police teams; public order and traffic police teams of Public Security Divisions of districts, towns, provincial or central-affiliated cities (hereinafter referred to as “traffic police teams of Public Security Divisions of districts);

b) Traffic Police Divisions; Road Traffic Police Divisions; Road and Rail Traffic Police Divisions controlled by Public Security Departments of provinces and central-affiliated cities (hereinafter referred to as “Traffic Police Divisions of Provincial Public Security Departments”);

c) Department of Traffic Police.

2. The above-mentioned agencies and units shall assign officers on-watch in order to receive notifications of traffic accidents in a full manner. They must have convenient locations for receipt of notifications of traffic accidents and signboards which indicate their names and phone numbers, assign officers to stand by continuously at such locations and disseminate information to the public.

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The recipient shall specify the following information and record it in a traffic accident logbook, using form No. 01/TNDB enclosed with this Circular:

a) Full name, address, phone number (if any) of the notification giver;

b) Time for receiving the notification, location where the accident occurs;

c) Initial loss of life: number of fatalities, number of injured persons (if any);

d) Information about vehicles (license plates and type of vehicles), loss of vehicles, traffic works and other properties (if any);

dd) Full name, address, phone number of each relevant person or person who knows the accident (if any);

e) Other information about the traffic accident (if any);

g) After receiving the notification of the traffic accident, the recipient shall immediately report to the leader on his/her command duty of the unit for further processing according to regulations.

4. The traffic police officer who receives the notification, when carrying out patrol, control and handling of violations within his/her route or area, shall:

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b) Be present at the crash scene for verification and handling according to regulations in Clause a of this Article;

c) Record the detection or receipt of the notification of the traffic accident in a plan book and a logbook of patrol and control of road traffic according to Clause 3 of this Article (if any).

5. All traffic accidents shall be notified to the Public Security Division of district where these accidents occur for handling within its jurisdiction or cooperation upon request.

Article 6. Processing notifications

1. When receiving notification of a traffic accident, the leader on his/her command duty of the Department of Traffic Police shall:

a) Assign traffic police officers to be present at the crash scene to verify whether or not the traffic accident occurs if notified that the accident occurs in an expressway along which the tasks of carrying out patrol and handling violations are performed; if the accident occurs, according to its characteristics and extent, direct and appoint police forces to participate and cooperate in rescue and minimization of losses caused by the traffic accident; protect the crash scene, separate and regulate traffic to avoid traffic congestion, and issue warnings to other vehicles about danger when they cross through the crash scene. Notify the Public Security Division of district where the traffic accident occurs or require cooperation in investigation, verification and handling of the accident according to regulations;

b) If the accident does not occur in the expressway along which the tasks of carrying out patrol and handling violations are performed, notify officers on-watch of the Public Security Division of district where the accident occurs for processing according to regulations and those of the Police Division of provincial Public Security Department (if the accident occurs in a road along which the tasks of carrying out patrol and handling violations are performed by the Police Division) for handling according to regulations in this Circular.

2. When receiving notification of a traffic accident, the leader on his/her command duty of the Traffic Police Division of provincial Public Security Department shall:

a) If the accident occurs in a road along which the tasks of carrying out patrol and handling violations are performed, handle accidents according to regulations in point a Clause 1 of this Article;

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3. When receiving notification of a traffic accident, the leader on his/her command duty of the Public Security Division of district shall:

a) Assign traffic police officers to be present at the crash scene to inspect and verify the notification. If the accident occurs, the tasks of investigation, verification and handling shall be performed according to regulations;

b) If the accident occurs in the road along which the tasks of carrying out patrol and handling violations are performed by the Department of Traffic Police or the Traffic Police Division of provincial Public Security Department, notify officers on-watch assigned to carry out patrol, control and handling of violations in the road for investigation, verification and handling within their jurisdiction and cooperation in investigation, verification and handling of the traffic accident according to regulations.

4. If the traffic accident has complex facts, causing at least 03 deaths; leads to prolonged traffic congestion in inter-roads, inter-regions and inter-provinces or a disaster or it is required to make cooperation in rescue, regulation and clearance of traffic congestion by Public Security Departments of provinces and central-affiliated cities:

a) Regarding the traffic accident that occurs in a road or area along which the tasks of carrying out patrol and handling violations are performed by the Public Security Division of district, the Director of Provincial Public Security Department (via Counseling Division and Traffic Police Division) and the Ministry of Public Security (via Department of Traffic Police) shall be immediately notified for direction;

b) Regarding the traffic accident that occurs in a road along which the tasks of carrying out patrol and handling violations are performed by the Traffic Police Division of the provincial Public Security Department, the Director of Provincial Public Security Department (via Counseling Division) and the Ministry of Public Security (via Department of Traffic Police) shall be immediately notified for direction;

c) The Department of Traffic Police shall cooperate with the Director of provincial Public Security Department which is relevant in reaching agreement to direct Traffic Police Divisions of provincial Public Security Department and district Public Security Division to handle the traffic accident according to regulations.

5. In case of a hit and run, the traffic police officer who receives notification shall notify the leader of unit to appoint additional police officers of units assigned to carry out patrol, control and handling of violations in roads to participate in cooperation with the Public Security Division of district where the traffic accident occurs to regulate traffic and search the fleeting operator and vehicle.

6. When Traffic Police Divisions of the provincial Public Security Department and the Public Security Division of district receive the notification of traffic accidents according to regulations in Clause 4 of this Article or those related to foreigners and police officers, they shall notify these accidents according to regulations in Circular No. 05/2019/TT-BCA dated March 12, 2019 of the Minister of Public Security.

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Article 7. Initial actions when traffic police officers carrying out patrol and control detect traffic accidents or are assigned to be present at crash scenes

When a traffic police officer carrying out patrol and control detects a traffic accident or is assigned to be present at the crash scene by the competent leader, he/she shall perform the following tasks:

1. Rescue organization:

a) Supervise the crash scene to detect hazards, including fire, explosion and toxic substances, and the risk of collapse of the vehicle, threatening the life of injured persons and those stuck in the vehicle or crash scene investigators and then report them to the leader of unit for direction and cooperation with other People’s Public Security forces according to regulations in Article 14 of Circular No. 62/2020/TT-BCA dated June 19, 2020 of the Minister of Public Security, thereby organizing rescue and minimizing losses;

b) Determine number of fatalities and injured persons and promptly notify the nearest health facility to organize further emergency care to victims. After the accident, in case the injured person has not been moved, mark his/her position and give first aid before he/she is sent to get emergency treatment if necessary; in case the vehicle related to the accident is used to send the victim to emergency department, mark the vehicle’s position and traces on it; temporarily seize documents on the vehicle and its operator (if any);

c) In case the traffic police officer is present at the crash scene but the injured person is sent to get emergency treatment or leaves the crash scene, appoint officers to verify the injured person’s identity; quickly verify his/her impairments with the help of doctors and medical staff of the health facility where the injured person is sent to get emergency treatment;

d) In case the victim refuses to receive emergency treatment, make a record of such refusal which is certified by the medical staff (if any) and the witness;

dd) In case the victim is dead, remain his/her position unchanged and cover the victim, and do not move vehicles related to the accident in the crash scene;

e) In case vehicles involved in the traffic accident are damaged and no longer operate, notify rescue units in order to allocate appropriate cranes and towing vehicles to the crash scene with a view to rescuing vehicles and moving them to a suitable place at the request of the officer in charge of investigation and handling of the traffic accident.

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a) Use reflective tape, traffic cones, prohibitory traffic sign, direction signs or danger warning signs and auxiliary signs, lights and warning lights provided for the traffic police force in charge of patrol, control and handling of violations to zone the crash scene for protection, protect crash scene investigators, and implement measures to protect property of the victim and goods on the vehicle in the accident;

b) Assign traffic regulation officers to stand at both ends of the crash scene which is zoned for protection with a minimum distance of 70 meters (for expressway, a minimum distance of 100 meters) and place danger warning signs and direction signs 01 to 2m away from the officers in order to warn the operator of vehicle across the crash scene to slow down and pay attention, avoiding danger to crash scene investigators;

b) In case there is a vehicle of the traffic police force equipped with police sirens, emergency lights and lights, instruct the vehicle’s operator to park it alongside the right curb in front of the crash scene in the direction of the road with many vehicles to the crash scene, place traffic cones behind the vehicle according to regulations and turn on sirens, emergency lights and lights to give warnings to other vehicles.

3. Traffic regulation for avoidance of traffic congestion:

a) In case the vehicle related to the traffic accident causes traffic congestion, mark the vehicle’s position and traces on it, take photos and make videos of the vehicle and its position and then quickly put the vehicle on a suitable place for protection (except for the case specified in Point dd, Clause 1 of this Article);

b) In case the traffic accident causes traffic congestion, notify the unit's leader to make a plan to assign additional police forces, provide vehicles, separate traffic and resolve congestion in a remote manner.

4. In case of a hit and run, apart from compliance with regulations in Clauses 1, 2 and 3 of this Article, seek detailed information on characteristics of the fleeing operator; type of the vehicle, its color and license plate (search on the vehicle management and registration software), especially the vehicle’s position and damage to the vehicle and the direction of the fleeing vehicle. Compare and identify the traces created during the collision. According to characteristics of the fleeing vehicle and traces left on it, organize a search for the person or vehicle causing the accident, and notify traffic police units in charge of the road for cooperation in the arrest.

5. Initial collection of information:

a) Make observation to detect and collect traces that are easily changed or lost; and changes that affect the crash scene during organization of emergency treatment of the victim(s);

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c) Find witnesses and relevant persons to collect information about the accident (if any, clearly state full name, address, phone number, ID card or Citizen ID card number of each person);

d) Use professional technical equipment and vehicles provided for the traffic police force to immediately test the concentration of alcohol or other stimulants that are prohibited by law with regard to the vehicle operator involved in the traffic accident at the crash scene or request the health facility to test the blood alcohol concentration of the vehicle operator involved in the accident and receiving emergency treatment;

dd) Consider and collect electronic data through the Traffic Police's Traffic Monitoring System; request agencies/organizations/individuals to make cooperation in providing electronic data of the vehicle tracking device fixed to any vehicle across the crash scene or photos via cameras of agencies/organizations/individuals around the crash scene during the traffic accident (if any).

6. Mobilization and requisition of means/vehicles:

a) In urgent cases, exercise the right to mobilize vehicles, means of communication and other means of agencies/organizations/individuals and operators and users of such vehicles and means in order to send victims to emergency department, arrest criminals and fleeing vehicle operators, serve rescue and firefighting or perform other urgent tasks. Such means/vehicles are mobilized in the form of proposal or request;

b) Vehicles, means of communication and other means of agencies, organizations, and individuals shall be requisitioned according to the decision of the competent person and conditions and procedures specified in the Law on Compulsory Purchase and Requisition of Property and the Law on People's Public Security Force.

7. Performance of tasks according to regulations in Clauses 1, 2, 3, 4, 5 and 6 of this Article:

a) If there is any victim in the traffic accident who dies at the crash scene or on the way to the hospital, or during an emergency treatment or has any of the following injuries: crushed, mangled or mutilated arm or leg, blindness in both eyes, basilar skull fracture; there are at least 03 persons whose arms and legs are broken, or there is damage to property valued at 100 million dong or more:

The traffic police officer of the Public Security Division of district shall notify the head of the Public Security Division of district to assign investigation police forces to receive the investigation and handle the accident.

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b) In case the traffic accident does not cause one of the consequences specified in Point a of this Clause, assign traffic police officers to carry out investigation, verification and resolution according to regulations of this Circular.

8. Within 07 days from the date of the traffic accident, the traffic police officer assigned to investigate and verify the accident shall regularly check information on impairments, make a preliminary assessment of damage to property, formulate reports and request the unit's leader to direct and cooperate with the investigation police authority of the Public Security Division of district where the traffic accident occurs to handle it in accordance with regulations of this Circular and relevant laws.

Section 2. CONTENTS AND MEASURES FOR INVESTIGATION AND VERIFICATION OF TRAFFIC ACCIDENTS

Article 8. Contents of investigation and verification of facts of traffic accidents

1. When investigating and verifying a traffic accident, the traffic police officer is responsible for verifying:

a) Whether or not there is any violation against regulations on road traffic order and safety; developments and causes of the traffic accident;

b) Individuals and organizations committing violations against regulations on road traffic order and safety, errors, and identities of violators;

c) Aggravating and mitigating circumstances;

d) Nature and extent of damage caused by violations against regulations on road traffic order and safety;

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e) Inadequacies, loopholes, and shortcomings in traffic organization and quality of traffic infrastructure; management of vehicles and their operators;

g) During consideration and decision on penalties, the person having authority to impose penalties may request assessment solicitation. The assessment solicitation shall comply with regulations of the law on expertise.

2. Traffic police officers assigned to be present at the crash scene for implementation of measures for investigating, verifying and handling the traffic accident shall make an administrative record according to Form No. 02/TNDB enclosed with this Circular. Within 24 hours from the time on which the record is made, traffic police officers making the record shall notify the competent leader to make a decision to assign officers in charge of investigation, verification and resolution of the accident according to Form 03/TNDB enclosed with this Circular and prepare a plan to investigate, verify and handle the traffic accidents according to Form 04/TNDB enclosed with this Circular approved by the competent leader. The administrative violation record according to Form No. 43/BB-VPHC enclosed with Circular No. 07/2019/TT-BCA dated March 20, 2019 of the Minister of Public Security shall be made immediately upon identification of the organization or individual committing the violation.

3. Measures for investigating and verifying facts of the traffic accident are implemented according to Articles 9, 10, 11, 12, 13, 14, 15, 16 and Article 17 of this Circular.

Article 9. Crash scene investigation

1. Regarding traffic accidents causing one of the consequences specified in point a, Clause 7 Article 7 of this Circular, the crash scene investigation shall be conducted according to regulations of the Criminal Procedure Code.

2. Regarding traffic accidents that do not cause one of the consequences specified in point a, Clause 7 Article 7 of this Circular, the crash scene investigation shall be conducted according to regulations of Clauses 3, 4, 5, 6 and 7 of this Article.

3. Before crash scene investigation, the following tasks shall be performed:

a) Receive works of crash scene protectors;

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c) Identify investigators:

Depending on the nature and extent of the traffic accident, invite appropriate investigators to participate in the investigation, including criminal technical officers, fire and rescue police officers; public security forces of a commune, commune-level town or station where the traffic accident occurs; a representative of a unit registering and inspecting road vehicles or professional organizations/individuals (related to investigation into road vehicles); a representative of a road management unit, representative of a work management unit, representative of a technical unit in charge of works related to the accident (with regard to traffic accidents related to bridges, roads and tunnels); a representative of the authority of commune where the accident occurs, a representative of an establishment/enterprise (an expert on prices and property valuation) for determination of the initial damage to property; witnesses and persons with relevant interests and obligations;

d) Assign tasks to participants in the investigation;

dd) Select investigation methods; identify appropriate direction of the investigation; determine evidence markers and edges of reference lines to locate victims, exhibits, vehicles, and traces. Such evidence markers shall be durable over time and placed at easy-to-spot positions, thereby facilitating measurement and drawing of the diagram of the crash scene.

e) Prepare technical devices, means and tools to serve the crash scene investigation.

4. Conducting investigation into the crash scene:

Upon investigation into a crash scene of a road traffic accident, make an investigation record, using Form No. 05/TNDB enclosed with this Circular and draw a diagram of the crash scene according to Form No. 06/TNDB enclosed with this Circular; the diagram shall be consistent with the investigation record. The crash scene investigation shall be conducted as follows:

a) Observe the whole area where the traffic accident occurs in order to locate victims, exhibits, vehicles and traces related to the accident at the crash scene;

b) According to the direction of investigation and evidence markers at the crash scene, place evidence markers with natural numbers at positions of victims, exhibits, vehicles and traces related to the traffic accident;

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d) Carry out measurement and draw a diagram of the crash scene: use symbols and measurement units in a unified manner; show all signs, crosswalks, roundabouts, traffic lights and other relevant signaling systems in the crash scene; scales, traces and symbols in the diagram shall be specified in its note.

dd) Collect exhibits, means/vehicles and traces for preservation and take samples for comparison according to regulations of law. Traces that are easily changed or deformed, including blood, hair, fibers, gasoline, oil, and other traces of organic chemistry shall be collected and preserved immediately.

5. Making a crash scene investigation record

The investigation record shall specify the time to start and end the investigation, location and investigators; and describe the crash scene before the investigation, weather conditions and lights before and during the investigation. To be specific:

a) Describe whether the accident occurs in one-way road or two-way road; type of median strips; width of road and sidewalk; road signaling system; type of fences, guardrails, obstacles on the road; characteristics and shape of the road (flat or steep road, straight or curved road, limited or unlimited sight); whether the road surface is made of cement concrete, asphalt, crushed stone or soil; road surface (flat, smooth, cracked or slippery road);

b) Record ordinal numbers at positions of victims, exhibits, means/vehicles and traces;

c) Record determination of evidence markers, edges of reference lines and the direction of the investigation;

d) Describe positions and characteristics of victims, exhibits, means/vehicles and traces according to the ordinal numbers at the crash scene;

dd) Specify quantity of exhibits, means/vehicles and traces detected, collected and preserved and samples used for comparison;

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6. Completing crash scene investigation:

a) Re-check works performed during the investigation;

b) Assess traces and documents collected at the crash scene in order to confirm whether or not they are relevant to the accident or it is necessary to collect other traces;

c) Approve and sign the crash scene investigation record and the crash scene diagram.

7. After the investigation, the traffic police officer assigned to investigate, verify and handle the accident shall make a crash scene investigation report, using Form No. 07/TNDB enclosed with this Circular and propose measures for further investigation, verification and handling.

Article 10. Temporary seizure and handling of exhibits and means/vehicles, licenses and practicing certificates and temporary detention of operators of vehicles involved in traffic accidents for investigation and verification according to administrative procedures

1. Exhibits and means/vehicles, licenses and practicing certificates related to a traffic accident shall be temporarily seized and handled for investigation and verification according to administrative procedures as follows:

a) Exhibits and means/vehicles, licenses and practicing certificates related to the traffic accident shall be temporarily seized and handled according to regulations in Article 125 and Article 126 of the 2012 Law on Handling of Administrative Violations and other regulations of relevant laws;

b) A record of temporary seizure of exhibits and means/vehicles, licenses and practicing certificates related to the traffic accident shall be made immediately at the crash scene or place where the accident is detected according to Form No. 50/BB-TGTVPTGPCC enclosed with Circular No. 07/2019/TT-BCA Within 24 hours, the traffic police officer making the record shall notify the competent leader to issue a Decision on temporary seizure of exhibits and means/vehicles, licenses and practicing certificates related to the traffic accident according to Form No 18/QD- TGTVPTGPCC enclosed with Circular No. 07/2019/TT-BCA;

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If the accident has many complex facts and falls into one of cases to be explained according to regulations in paragraph 2, Clause 2 and Clause 3 Article 61 of the 2012 Law on Handling of Administrative Violations and it is required to have additional time for evidence verification and collection, the person having authority to handle the accident shall send a written report, using Form No. 09B/TNDB enclosed with this Circular to his/her head for extension of the duration of the temporary seizure; there must be a Decision to extend the duration of the temporary seizure according to Form No. 19/QD-KDTHTGTVPTGPCC enclosed with Circular No. 07/2019/TT- BCA for extension. The extension shall not exceed 30 days;

d) Upon returning exhibits and means/vehicles, licenses and practicing certificates related to the traffic accident, a Decision to return exhibits and means/vehicles, licenses and practicing certificates related to the traffic accident, using Form No. 20/QD-TLTVPTGPCC enclosed with Circular No. 07/2019/TT-BCA shall be issued, and at the same time, a record of such return, using Form No. 60/BB-TLGTTVPT enclosed with Circular No. 07/2019/TT-BCA shall be made.

dd) After completion of an examination of vehicles, if their operators do not have faults and commit violations against other regulations of law, such vehicles shall be immediately returned to their owners or operators. It is prohibited to temporarily seize vehicles of parties related to the traffic accident in order to serve as the basis for compensation for damage.

2. Temporary detention of persons related to a traffic accident according to administrative procedures

Persons related to the traffic accident shall be temporarily detained only if it is necessary to immediately prevent and stop acts of disturbing public order and causing injury to others and the temporary detention shall be decided by the competent person according to regulations in Article 123 of the 2012 Law on Handling of Administrative Violations.

Article 11. Examination of vehicles related to traffic accidents

1. Examiners of an examination of vehicles related to a traffic accident are persons specified in point c Clause 3 Article 9 of this Circular.

2. Vehicles related to the traffic accident shall be examined and a record of such examination shall be made immediately at the crash scene or place where these vehicles are temporarily seized according to Form No. 08/TNDB enclosed with this Circular after completion of the crash scene investigation. If there are many vehicles, each vehicle shall be separately examined and an examination record will be made for each vehicle.

3. It is required to inspect all documents of each vehicle and its operator involved in the traffic accident, including driving license, identity documents (if any), vehicle registration certificate (compared with license plate, chassis number and engine number), Certificate of technical safety and environmental protection inspection (with regard to any vehicle required to obtain the certificate), Certificate of compulsory civil liability insurance of the motor vehicle owner, and other documents related to conditions for transport business applicable to the vehicle and goods transported by the vehicle (if any).

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5. The examination of motorcycles shall be conducted from the outside to the inside, from front to back, from right to left, from top to bottom; scale rulers shall be place, photos shall be taken and videos shall be made via a camera (if any). The brake system, clutch, throttle, gear, clock, lights, horn, mirrors and other equipment of each motorcycle shall be inspected.

6. A record of examination of vehicles related to a traffic accident shall clearly state documents and characteristics of vehicles; traces; damage to vehicles, collection and preservation of samples, traces and technical equipment (including dash cams, journey monitoring devices, black boxes, electronic storage devices) in order to serve inspection and assessment.

7. The examination record shall be approved and signed.

Article 12. Depositions of vehicle operators related to traffic accidents

A record of depositions of vehicle operators related to a traffic accident shall be made, using Form No. 10/TNDB enclosed with this Circular. The record shall clearly state specific time and location for making it; full name and position of the record maker; full name, address, occupation, driver's license, personal identity of each vehicle operator; time and location of the accident, traffic density; positions of vehicles on the road, direction of movement, speed, technical operations; each vehicle operator’s health and awareness before the accident occurs and his/her acts before, during and after the accident.

Article 13. Depositions of victims and other persons related to traffic accidents

1. A record of depositions of victims and other persons related to a traffic accident shall be made, using Form No. 10/TNDB enclosed with this Circular. The record shall clearly state specific time and location for making it; full name and position of the record maker; full name, address, occupation, driver's license, personal identity of each victim/relevant person; time and location of the accident, traffic density; depositions of victims and relevant persons. Such depositions shall specify developments and causes of the traffic accident, and injuries caused by the accident.

2. If the victim suffers serious injuries or may die, his/her deposition shall be taken immediately; enquires shall be concise and clear. If the victim is unable to speak due to serious injuries, a record of such case shall be made.

Article 14. Depositions of witnesses

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a) Relationship between the witnesses and relevant parties;

b) Location of and distance between each witness and the location of the accident, weather, lights when the accident occurs, and source of information about the accident.

c) Direction of movement of relevant persons and vehicles;

d) Road section and speed, actions performed by the vehicle operators before, during and after the traffic accident;

dd) Positions of exhibits, means/vehicles, and persons after the traffic accident, whether or not such positions are changed, persons causing such change and reasons thereof, and how such positions are changed (if any);

e) External psychological state of each person causing the accident (impacts of alcohol, beer or other strong stimulants, health status);

g) Other factors related to the traffic accident and all persons who know the traffic accident.

2. When necessary, witnesses shall undergo experiments so as to determine the objectivity and authenticity of their depositions.

3. In case such depositions have yet to be recorded immediately at the crash scene, the traffic police officer in charge of recording depositions shall record information about place of permanent residence, workplace, school and phone number (if any) of each witness and then come his/her workplace/school or invite him/her to come the public security office to record his/her deposition. When a person under 18 gives his/her deposition, his/her guardian (father/mother, legal representative or teacher) shall be present and sign the deposition record.

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Article 15. Other activities which serve collection of documents related to traffic accidents

Apart from compliance with regulations in Articles 9, 10, 11, 12, 13, 14 and 16 of this Circular; depending on the nature and extent of each traffic accident, when conducting investigation, verification and handling, the following activities shall be implemented:

1. Injury examination of victims:

a) The injury examination of a victim shall obtain his/her consent and be meticulously recorded. Injuries shall be clearly and fully specified in a record of injury examination according to Form No. 11/TNDB enclosed with this Circular. Injuries shall be marked on an injury diagram according to Form No. 12/TNDB enclosed with this Circular. Photos of injuries shall be taken. In case of a female victim, the injury examination shall be conducted by a female officer and witnessed by a female witness.

b) If the victim gets emergency treatment, an injury confirmation, a medical record of injury treatment or a result of assessment solicitation of whole person impairment shall be collected;

c) If the victim does not get emergency treatment but it is required to assess whole person impairment, regulations in point a of this Clause shall be applied and the competent leader shall propose or request the functional authority to make assessment according to regulations of law.

2. Determination of bridge and road specifications related to the traffic accident:

a) Participants in the determination of bridge and road specifications are persons specified in point c Clause 3 Article 9 of this Circular;

b) Bridge specifications shall be determined as follows:

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Describe and record the road signaling system: traffic lights, signs, crosswalks, traffic cones on the bridge and both ends of the bridge;

Describe and record cracks and damage on the bridge where the accident occurs; inspect and investigate traces on the bridge surface and wall;

c) Road specifications shall be determined as follows:

Determine radius of curvature, super elevation and vertical slope of the road;

Determine minimum vertical visibility (in case the vertical slope is high), and horizontal visibility;

Determine some actual specifications in comparison with road design;

Record traces created by the accident on the road;

d) A record of determination of bridge and road specifications shall be made, using Form No. 13/TNDB enclosed with this Circular.

3. Inspection and verification of vehicles and their operators; passengers and goods and relevant documents;

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b) Inspect and verify driving license, practicing certificate, and identity documents of each vehicle operator, vehicle registration certificate, certificate of technical safety and environmental protection inspection, documents related to conditions for transport business applicable to each vehicle; passengers of and goods transported by each vehicle. Certify whether or not such documents are erased or altered or issued by the competent authority;

c) Regarding inspection and verification of vehicles and their operators; passengers and goods and load according to regulations and relevant documents, invite representatives of establishments/enterprises (experts on prices and property valuation) for determination of damage to property and at the same time make a verification record, using Form No. 44/BB-XM enclosed with Circular No. 07/2019/TT-BCA.

4. Crash scene simulation:

a) During investigation and verification of the traffic accident, if there is any ground that the crash scene is chaotic or fake or it is necessary to investigate, verify and handle the traffic accident, the crash scene simulation shall be carried out for investigation and verification. The crash scene simulation shall be planned and decided by the competent person;

b) When the crash scene simulation is carried out, it shall be required to re-locate victims, exhibits, means/vehicles, traces at the crash scene and re-consider circumstances, acts and facts of the accident; re-measure and draw the scene diagram; take photos to serve as the basis for comparison

c) After completion of the crash scene simulation, a record of investigation into the stimulated crash scene shall be made and a diagram of the stimulated crash scene shall be re-drawn. Participants in the crash scene simulation shall sign and write their full names on such record and diagram.

Article 16. Professional assessment

1. In case it is required to value damage to property and assess whole person impairment of each victim, traces, bridge, road and ferry specifications, traffic organization, quality of traffic works directly related to a traffic accident in order to serve as the basis for handling of the accident according to regulations of law, traffic police officers assigned to investigate, verify and handle the traffic accident shall notify their competent leader to issue a Decision on assessment solicitation, using Form No. 37/QD- TCGD enclosed with Circular No. 07/2019/TT-BCA, thereby requesting the functional authority to conduct assessment and property valuation according to regulations of law.

2. If the traffic accident shows no sign of a criminal offence and the victims refuse injury assessment and property valuation, a record of such refusal, specifying reasons shall be made and certified by such victims or witnesses.

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When performing tasks according to regulations in Articles 9, 10, 11, 12, 13, 14, 15 and 16 of this Circular:

1. In case of traffic accident without any sign of a criminal offence, traffic police officers shall report results and propose measures for handling the accident according to Form No. 09A/TNDB enclosed with this Circular to their leaders having authority to give Notification of results of investigation, verification and handling of the traffic accident according to Form No. 14/TNDB enclosed with this Circular. The traffic accident handling shall comply with regulations in Article 19 of this Circular.

2. In case of traffic accident with signs of criminal offences:

a) Traffic police officers of Public Security Division of district shall notify the head of the Public Security Division of district to transfer accident files, documents, exhibits and means/vehicles to an Investigation Team for investigation and handling.

b) Traffic police officers of Department of Traffic Police shall notify the Director, and traffic police officers of the Traffic Police Division of the provincial Public Security Department shall notify the head to provide guidance on investigation and handling of the accident according to Article 20 of this Circular;

3. If there is any organization or individual deliberately causes the traffic accident in order to harm the life, health and property of another person or conceal other offences, traffic police officers shall notify their leaders to transfer accident files, documents, exhibits and means/vehicles to the investigation police authority for investigation and handling.

Section 3. HANDLING OF TRAFFIC ACCIDENTS

Article 18. Duration of investigation, verification and handling of traffic accidents

Duration of investigation, verification and handling of a traffic accident without sign of a criminal offence:

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2. After the duration of investigation and handling expires, the traffic police force shall issue a Notification of results of investigation, verification and handling of the traffic accident, using Form No. 14/TNDB enclosed with this Circular and carry out handling according to the administrative law.

Article 19. Handling of traffic accidents according to administrative procedures

According to files and documents of investigation and verification of a traffic accident, traffic police officers shall notify their competent leaders to handle the accident. The following tasks shall be performed:

1. Invite relevant parties or their legal representatives to the unit’s head office in order to notify investigation and verification results (conclusion of causes and developments of the accident, faults of the relevant parties and administrative penalties) and at the same time make a record of handling of the traffic accident, using Form No. 15/TNDB enclosed with this Circular. A record of administrative violations (if any) shall be made according to regulations of the Law on Handling of Administrative Violations;

If one of the relevant parties is absent for a legitimate reason, a record of such absence shall be made and an appointment note shall be issued to this person.

2. Request their competent leaders to issue a Decision to handle administrative violations (if any).

3. Allow relevant parties to self-make civil compensation at the agency/unit’s head office

In case relevant parties do not reach an agreement on civil compensation, make a record and at the same time instruct them to contact with the Court for handling according to civil proceeding.

4. After completion of the investigation, verification and handling of the traffic accident, complete accident files and report to their leaders on such completion; make statistics and reports on the traffic accident, and keep files according to regulations of the Ministry of Public Security and relevant laws.

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6. After completion of investigation, verification and handling of the traffic accident, if the agency/unit in charge of handling of the accident detects shortcomings and inadequacies in state management of traffic infrastructure, traffic organization, and management of vehicles and their operators, a written proposal shall be sent to the management agency or governing body for remedial measures.

Article 20. Handling of traffic accidents with signs of criminal offences according to functions of an agency assigned to carry out investigation

1. During investigation, verification and handling of a traffic accident, if it is detected that there is any sign of criminal offence, offices assigned to investigate, verify and handle the traffic accident of the Department of Traffic Police shall notify their director and those of Traffic Police Division of provincial Public Security Department shall notify their head. After that, the director and the head will issue a Decision to initiate criminal prosecution and perform tasks and powers over investigation according to Article 38 of the 2015 Law on Organization of Criminal Investigation Bodies and Article 40 of the 2015 Criminal Procedure Code.

2. Files on the traffic accident transferred to the investigation police authority include:

a) Some documents used for investigation by the agency assigned to carry out investigation and issued by Circular No. 61/2017/TT-BCA dated December 14, 2017 of the Minister of Public Security;

b) Record of investigation into the crash scene; Diagram of the crash scene; Photo of the crash scene; animated image storage device (if any);

c) Vehicle examination record; Record of temporary seizure of exhibits and means/vehicles; Decision on temporary seizure of exhibits and means/vehicles; documents of vehicles and their operators, goods on such vehicles (if any);

d) Records of depositions of persons related to the traffic accident, including record of depositions of vehicle operators; record of depositions of victims; record of depositions of other relevant persons; record of depositions of witnesses or informers

dd) Record of injury examination of victims, Injury Diagram, Record of crash scene simulation (if any);

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g) Exhibits, means/vehicles and evidences related to the traffic accident (if any);

h) Record of transfer and receipt of accident files according to Form No. 219 of Circular No. 61/2017/TT-BCA.

Article 21. Documents provided for insurance companies

1. When an insurance company sends a written request or a letter of appointment of its officer to the public security agency/unit investigating, verifying and handling the traffic accident to ask for extract of accident files serving handling of interests of relevant parties participating in insurance, the leader of such agency/unit shall provide documents (copies and certified true copies confirmed by the agency/unit) within its functions, tasks and powers according to regulations of law.

2. The provision of documents for insurance companies shall be recorded on a section of handling methods in a traffic accident logbook, using Form No. 01/TNDB enclosed with this Circular and a Note of such provision shall be made according to Form No. 16/TNDB enclosed with this Circular.

Article 22. Updating information on traffic accidents on traffic accident database.

1. Traffic police officers shall record all traffic accidents which occur in routes and areas along which the tasks of carrying out patrol and handling violations are performed in the traffic accident logbook and update information about traffic accidents to the traffic accident database. To be specific:

a) Within 12 hours, initial information on traffic accidents shall be immediately updated to the traffic accident database. The information includes time and location of each accident, number of deaths, and number of injured persons;

b) During investigation, verification and handling of traffic accidents, traffic police officers shall continue to correct and update information about each vehicle involved in traffic accidents, including its license plate, brand, type, inspection certificate number, inspection date and owner; information about each vehicle operator, pedestrian and victim, including full name, date of birth, gender, nationality, occupation, address, driving license number, expiry date, driving license class, injuries, use of alcohol, beer, drugs, and other strong stimulants prohibited by law; investigation results, conclusions on causes of traffic accidents and other relevant information;

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2. When all information on traffic accidents has been fully updated, traffic police officers shall ask for approval for completion. Leaders of agencies and units shall consider, inspect and approve the updated information to approve the completion of traffic accident files in the traffic accident database or refuse approval and request traffic police officers to correct information in order to obtain accurate information compared to that in files and documents collected during investigation, verification and handling of traffic accidents.

3. Regarding traffic accidents that occur in routes or areas along which the tasks of carrying out patrol and control and handling violations are performed by the traffic police agency/unit but are investigated and handled by the investigation police authority, the agency or unit in charge of such routes or areas shall be responsible for closely cooperating with the investigation police authority from the time of crash scene investigation until the end of the investigation; and receiving results of investigation and handling of traffic accidents from the investigation police authority (information about relevant vehicles, their operators, victims, pedestrians, Decision to initiate criminal prosecution, Decision on charges against the suspect, investigation conclusion or some other relevant documents) to update complete information to the traffic accident database.

4. If the information included in accident files is not accurate or it is required to delete or open accident files approved in the traffic accident database, traffic police officers shall notify their agency/unit's leader who will send a request for deletion or opening of such files to the Department of Traffic Police to consider deleting or opening these accident files.

5. Within 07 days, from the date of completion of investigation, verification and handling of traffic accidents, agencies and units shall update full information about accidents to the traffic accident database.

Article 23. Inspection of investigation and handling of traffic accidents

The inspection of investigation and handling of traffic accidents shall comply with regulations in this Circular and Circular No. 28/2019/TT-BCA dated August 20, 2019 of the Minister of Public Security.

Article 24. Forms used for investigation, verification and handling of traffic accidents by traffic police forces

1. During investigation, verification and handling of a traffic accident, if the traffic accident shows any sign of criminal offence, the Department of Traffic Police and the Traffic Police Division of the provincial Public Security Department may use some forms specified in Circular No. 61/2017/TT-BCA, including:

a) Decision to appoint deputy heads and investigation officers for institution of and investigation into criminal proceedings (Form No. 91);

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c) Decision to replace investigation officers carrying out investigation into criminal proceedings (Form No. 93);

d) Decision to change decisions/orders made by deputy heads for institution of and investigation into criminal proceedings (Form No. 94);

dd) Decision to annul decisions/orders made by deputy heads for institution of and investigation into criminal proceedings (Form No. 95);

e) Decision to authorize deputy heads when heads are absent (Form No. 96);

g) Decision to initiate criminal prosecution (Form No. 97);

h) Record of transfer and receipt of accident files (Form No. 219);

2. Regarding investigation and handling of a traffic accident according to administrative procedures, some forms specified in Circular No. 07/2019/TT-BCA may be used, including:

a) Decision to delegate powers to handle administrative violations (Form No. 30/QD-GQXP);

b) Record of verification of facts of administrative violations (Form No. 44/BB-XM);

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d) Decision to impose administrative penalties (Form No. 02/QD-XPHC);

dd) Record of temporary seizure of exhibits, means/vehicles, driving licenses and practicing certificates according to administrative procedures (Form No. 50/BB-TGTVPTGPCC);

e) Decision on temporary seizure of exhibits, means/vehicles, driving licenses and practicing certificates according to administrative procedures (Form No. 18/QD-TGTVPTGPCC);

g) Decision to extend duration of temporary seizure of exhibits, means/vehicles, driving licenses and practicing certificates according to administrative procedures (Form No. 19/QD-KDTHTGTVPTGPCC);

h) Decision to return exhibits, means/vehicles, driving licenses and practicing certificates according to administrative procedures (Form No. 20/QD-TLTVPTGPCC);

i) Record of return of documents, exhibits or means/vehicles used for commission of administrative violations to their legal users, owners and managers (Form No. 60/BB- TLGTTVPT);

k) Decision on temporary detention of persons according to administrative procedures (Form No. 15/QD-TGN);

l) Decision to extend duration of temporary detention of persons according to administrative procedures (Form No. 16/QD-KDTHTGN);

m) Decision on assessment solicitation (Form No. 37/QD-TCGD).

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a) Traffic accident logbook (Form No. 01/TNDB);

b) Record of administrative violations (Form No. 02/TNDB);

c) Decision to assign officers in charge of investigation, verification and handling of traffic accident (Form No. 03/TNDB);

d) Plan on investigation, verification and handling of traffic accident (Form No. 04/TNDB);

d) Crash scene investigation record (Form No. 05/TNDB);

e) Crash scene diagram (Form No. 06/TNDB);

g) Crash scene investigation report (Form No. 07/TNDB);

h) Record of examination of vehicles related to traffic accident (Form No. 08/TNDB);

i) Proposal for handling of traffic accident (Form No. 09A/TNDB);

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k) Deposition record (Form No. 10/TNDB).

l) Record of injury examination of victims (Form No. 11/TNDB); m) Injury Diagram (Form No. 12/TNDB); n) Record of determination of bridge and road specifications (Form No. 13/TNDB);

o) Notification of results of investigation and verification of traffic accident (Form No. 14/TNDB);

p) Record of handling of traffic accident (Form No. 15/TNDB);

q) Document provision note (documents included in accident files) sent to insurance company (Form No. 16/TNDB);

Section 4. SOME SPECIFIC CASES IN INVESTIGATION AND HANDLING OF TRAFFIC ACCIDENTS

Article 25. Traffic accidents related to foreign persons and vehicles

1. With regard to traffic accidents related to foreign persons and vehicles, regulations in Chapter II of this Circular and Interdisciplinary Circular No. 01/TTLN-KS-NV-TP-NG dated September 08, 1998 of the Supreme People's Procuracy of Vietnam, the Ministry of Home Affairs (now the Ministry of Public Security), the Ministry of Justice and the Ministry of Foreign Affairs on guidelines for investigation and handling of violations against road traffic regulations committed by foreign persons and vehicles or international treaties or agreements to which Vietnam is a signatory or other regulations shall be applied.

2. When carrying out initial investigation, verification and handling of traffic accidents according to regulations of law and this Circular, public security authorities shall identify the legal status of each foreign, legal documents of vehicles causing such traffic accidents, victims, damage to health and property and other relevant issues. Public security authorities are entitled to request persons causing traffic accidents to present their personal documents and sign records of investigation and verification at crash scenes. If they refuse to sign, such refusal shall be written on records and certified by witnesses. At the same time, measures for investigating, verifying and handling traffic accidents shall be taken. To be specific:

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b) Regarding foreign persons not having diplomatic status (experts, businessmen, students, interns, tourists in Vietnam, foreigners participating in other activities in Vietnamese territory) related to traffic accidents, procedures for investigation and handling of such accidents shall be the same as those applicable to Vietnamese citizens. In case of temporary detention of persons, persons having authority to decide such temporary detention shall be notified according to regulations in Article 123 of the 2012 Law on Handling of Administrative Violations to reach agreement with the foreign affairs agency on handling;

Depositions of foreign persons shall be taken according to common procedures at public security authorities’ head offices. These persons may be choose their interpreters or public security authorities may invite interpreters. In case diplomatic officials or consuls agree to act as witnesses, their depositions may be taken or verified at places that are convenient for them and they shall grant their consent.

Article 26. Traffic accidents related to persons and vehicles of the People's Army

1. With regard to traffic accidents without any sign of criminal offence, related to persons and vehicles of the People's Army, traffic police officers shall conduct investigation and handling, and cooperate with units managing persons and vehicles of the People's Army related to traffic accidents to handle administrative violations according to regulations of this Circular and relevant laws.

2. With regard to traffic accidents with signs of criminal offences via initial investigation and verification under the jurisdiction of the Military Court according to regulations in Article 272 of the 2015 Criminal Procedure Code, traffic police officers shall transfer all files, documents and means/vehicles related to such traffic accidents to criminal investigation authorities of the People's Army for handling and storage of files. After the transfer, traffic police officers shall continue to make cooperation at the request of such criminal investigation authorities of the People's Army.

Article 27. Fire and explosion of road vehicles

In case of fire and explosion of vehicles, traffic police officers shall immediately notify fire and rescue police officers at places of traffic accidents for handling; and separate traffic and forbid persons and vehicles to enter fire and explosion areas. Traffic police officers shall make cooperation and maintain traffic order at crash scenes.

Article 28. Traffic accidents directly related to vehicles transporting toxic chemicals

When a traffic accident occurs and vehicles related to such accident are carrying toxic chemicals, traffic police officers shall establish and secure a perimeter around the crash scene, place signs and forbid persons and vehicles enter the crash scene. At the same time, the Director of provincial Public Security Department shall be immediately notified (in case traffic police officers belong to the Department of Traffic Police, they shall notify the Director of Department of Traffic Police) for direction and issuance of announcement to relevant agencies for cooperation in handling.

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1. In case the victim’s family or outraged people are present at the scene and make demands, attack the person that caused the accident, block the road, thereby obstructing traffic at a less-serious level, traffic police officers shall proactively provide explanation, separate these people and disperse the crowd to de-escalate the situation.

2. In case of acts of causing public disorder that are serious, traffic police officers shall notify their leaders to request local governments and forces to provide additional assistance; and protect the crash scene, vehicles and their operators; protect the force, and carry on the investigation.

Chapter III

IMPLEMENTATION

Article 30. Effect and transitional clauses

1. This Circular comes into force from January 01, 2021.

2. This Circular replaces Circular No. 77/2012/TT-BCA dated December 28, 2012 of the Minister of Public Security.

3. Regarding traffic accidents that occur before January 01, 2021, regulations in Circular No. 77/2012/TT-BCA shall be applied.

Article 31. Responsibility for implementation

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2. Heads of units affiliated to the Ministry of Public Security and Directors of Public Security Departments of provinces and central-affiliated cities shall be responsible for implementation of this Circular.

3. Any difficulty arising during the implementation of this Circular shall be reported to the Ministry of Public Security (via Department of Traffic Police) for prompt guidance./.

MINISTER




General To Lam