|
MINISTRY OF PUBLIC SECURITY OF VIETNAM
-------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
----------------
|
|
No. 63/2020/TT-BCA
|
Hanoi, June 19, 2020
|
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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);
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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).
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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);
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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;
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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);
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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);
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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).
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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);
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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:
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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.
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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
...
...
...
Please sign up or sign in to your
TVPL Pro Membership to see English documents.
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