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MINISTRY OF
PUBLIC SECURITY OF VIETNAM
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 13/2025/TT-BCA
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Hanoi, February
28, 2025
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CIRCULAR
AMENDMENT
TO CIRCULARS ON ORDER AND SAFETY TO ROAD TRAFFIC, RAILWAY TRAFFIC, AND INLAND
WATERWAY TRAFFIC
Pursuant to the Law on Inland Waterway Traffic
dated June 15, 2004; the Law on amendment to the Law on Inland Waterway traffic
dated June 17, 2014; the Law on amendment to 37 Laws related to planning dated
November 20, 2018;
Pursuant to the Law on Railroad dated June 16 of
2017;
Pursuant to the Law on Road Traffic Order and
Safety dated June 27, 2024;
Pursuant to Decree No. 02/2025/ND-CP dated
February 18, 2025 of the Government on functions, tasks, powers, and
organizational structures of Ministry of Public Security;
At request of the Director of Traffic Police
Department;
The Minister of Public Security promulgates
Circular on amendment to Circulars on order and safety to road traffic, railway
traffic, and inland waterway traffic.
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1. Amend Article 4:
“Article 4. Document forms used in resolution of
railroad traffic accidents
1. Document forms used in investigation and
resolution of railroad traffic accidents are to conform to regulations of the Government
on document forms used in administrative penalties, regulations of the Minister
of Public Security on document forms, text, records on criminal investigations
and document forms under Clause 2 of this Article.
2. Forms below are attached to this Circular:
a) Monitoring logbook of railroad traffic accident
(Form No. 01/TNDS);
b) Record of accident (Form No. 02/TNDS);
c) Record of determination of technical parameters
of railroad, crossing, road-rail bridge, bridge, tunnel related to railroad traffic
accident (Form No. 03/TNDS);
d) Request of assessment solicitation, property
valuation (Form No. 04/TNDS);
dd) Decision assigning officials to investigate,
verify, resolve railroad traffic accident (Form No. 05/TNDS);
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g) Record of scene examination of railroad traffic
accident (Form No. 07/TNDS);
h) Layout of railroad traffic accident (Form No.
08/TNDS);
i) Report of scene examination of railroad traffic
accident (Form No. 09/TNDS);
k) Record of examination of vehicle related to
railroad traffic accident (Form No. 10/TNDS);
l) Report on proposition, resolution to railroad
traffic accident (Form No. 11/TNDS);
m) Record of bodily injuries sustained by victim(s)
(Form No. 12/TNDS);
n) Description of position of bodily injuries of
victim(s) (Form No. 13/TNDS);
o) Notice of results of railroad traffic accident
investigation, verification, and resolution (Form No. 14/TNDS);
p) Record of railroad traffic accident resolution
(Form No. 15/TNDS);
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r) Record of statement (Form No. 17/TNDS).”.
2. Amend Clause 1, Clause 2, and Clause 3 Article
6:
“1. Traffic Police Department shall, upon receiving
notice on railroad traffic accident, inform Sub-departments of Traffic Police
and send officials to the scene to cooperate in providing emergency medical
care for accident victim(s), protecting the scene, protecting victim’s property,
and determining individuals who are aware of the accident.
2. Sub-departments of Traffic Police receiving
notice regarding railroad traffic accident are to assign officials to the scene
to acknowledge, investigate, and resolve within their power. Where railroad
traffic accident is as specified under Clause 3 of this Article, dispatched
officials shall cooperate in providing emergency medical care, protecting the
scene, protecting victim’s property, and determining individuals who are aware
of the accident.
3. Where railroad traffic accident results in:
death of a person at the scene, death of a person on an ambulance, death of a
person who was receiving emergency medical care, potential death of a person;
crushing, compression, injury amputation, or detachment of limb(s); fracture of
limbs of at least 3 people; or at least 61% of bodily injury or at least 100
million VND worth in property damage which is determined on a grounded basis,
officials of Sub-department of Traffic Police are to report to their Director
and immediately inform competent investigating police authority affiliated to
provincial police authority.“.
3. Amend Clause 6 Article 7:
“6. Mobilize civilians, civilian equipment
and vehicles in case of emergency
In case of emergency for the purpose of taking
victim to emergency care, pursuing perpetrators, pursuing hit-and-run
perpetrators, accommodating personnel rescue or property rescue, or performing
other emergency tasks to ensure social order and safety, exercise the right to mobilize
civilians, civilian equipment and vehicles in accordance with Article 68 of the
Law on Road Traffic Order and Safety of 2024.”.
4. Amend Clause 8 Article 7:
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a) Where railroad accident other than Clause 3
Article 6 hereof is within the responsibility for investigation and resolution
of Sub-department of Traffic Police and contains signs of criminal activities
according to Article 267, Article 268, Article 269, Article 270, Article 271,
or Article 281 of the Criminal Code 2015 (amended in 2017), officials of
Sub-department of Traffic Police shall report to their Director in order to
exercise their duties and powers in accordance with Article 38 of the Law on
Organization of Criminal Investigation Authority of 2015 (amended in 2021) and
Article 40 of the Criminal Proceeding Code of 2015 (amended in 2021);
b) Where railroad traffic accident does not fall under
the case described in Point a of this Clause, Director of Sub-department of
Traffic Police shall assign competent traffic police officers to carry out
investigation, verification, and resolution in accordance with this Circular.”.
5. Add Clause 9 following Clause 8 Article 7:
“9. Where an injured person dies while
receiving medical treatment or dies the cause of which is determined to be
railroad accident in the process of investigation, verification, and resolution
of the railroad traffic accident, officials of Sub-department of Traffic Police
are to report to their Director and inform competent investigating police
authority affiliated to provincial police authority.”.
6. Amend Clause 1 Article 15:
“1. Temporary suspension of exhibits, vehicle, license,
certificate of vehicle operators involved in railroad traffic accident is to
conform to Article 125 of the Law on Administrative Penalties of 2012 (amended
in 2020) and other relevant law provisions.
Where documents related to persons and vehicles
have been integrated to electronic ID, electronic identification account on
national identification application, traffic police shall, upon imposing
temporary suspension of documents, impose temporary suspension of documents on
electronic environment.
Handling of exhibits, vehicle, license, practicing
certificate of vehicle operators involved in railroad traffic accident is to
conform to Article 126 of the Law on Administrative Penalties of 2012 (amended
in 2020) and other relevant law provisions.”.
7. Amend Clause 11 Article 15:
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a) Where assessment of bodily injuries sustained by
victims or trace assessment, professional technical assessment of vehicle,
bridge, road, ferry, traffic structure quality directly related to railroad
traffic accident is required to serve as the basis for resolution of traffic
accident in accordance with Clause 1 Article 59 of the Law on Administrative
Penalties of 2012 (amended in 2020) and property damage valuation, traffic
police officers assigned to investigate, verify, resolve railroad traffic
accident are to request competent head personnel entitled to make decision on
assessment solicitation, property damage valuation to request agencies to carry
out assessment and property valuation as per the law;
b) Where officers of Sub-department of Traffic
Police deem assessment solicitation and property valuation in accordance with
Article 205 or Article 215 of the Criminal Proceeding Code 2015 (amended in
2021) necessary in the process of verification, resolution of railroad traffic
accidents within tasks and powers of agencies affiliated to police authority in
people’s public security forces assigned to conduct investigation, the officers
are to report to Director of Sub-department of Traffic Police in order to
request investigating police forces affiliated to provincial police authority
to carry out assessment, property valuation using Form No. 04/TNDS attached
hereto. Sub-department of Traffic Police shall, within 24 hours after sending
documents requesting investigating police forces to issue decision on
assessment solicitation and property valuation, also send such request to
People’s Procuracy of the same level as the requested investigating police
forces;
c) Where railroad traffic accident victims or
representatives thereof refuse to undergo injury assessment due to reasons
other than force majeure or objective causes, encourage, convince, and inform
railroad traffic accident victims or representatives thereof about their rights
and obligations as per the law. Where railroad traffic accident victims or
representatives thereof still refuse after being encouraged, convinced, and
informed, prepare record stating reason for rejection which must be signed and
verified by the victims or their representatives and eyewitnesses. Actively
collect documents and medical record at medical examination and treatment
establishments in order to cooperate with assessing bodies in writing if
directly requesting accident victims to attend physical injury assessment is
troublesome. Where railroad traffic accident victims or representatives thereof
continue to resist or obstruct, depending on the nature and severity, actions
are to be taken as per the law.”.
8. Add Article 15a following Article 15:
“Article 15a. Review of investigation,
verification results of railroad traffic accidents
Traffic police officers, in the performance of
tasks specified under Articles 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15
hereof, shall determine:
1. Where criminal activities are not involved in
railroad traffic accidents, report results and proposed resolutions using Form
No. 11/TNDS attached hereto to competent head personnel entitled to issue
notice of railroad traffic accident investigation, verification, resolution
results using Form No. 14/TNDS attached hereto. Resolution of railroad traffic
accidents shall conform to Article 16 hereof.
2. Where criminal activities are involved in
railroad traffic accidents, officials of Sub-department of Traffic Police shall
report to their Director to coordinate investigation resolution of railroad
traffic accidents in accordance with Article 17 hereof;
3. Where perpetrators intentionally infringe upon
lives, health, or property or intentionally cause railroad traffic accidents to
conceal other violations of the law, traffic police officers shall request
competent head personnel to transfer documents, exhibits, and vehicles to
competent investigating authorities to prosecute criminal liabilities in
accordance with Article 62 of the Law on Administrative Penalties of 2012
(amended in 2020).”.
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“Article 15b. Time limit for investigation,
verification, and resolution of railroad traffic accidents
1. Where criminal activities are not involved in
railroad traffic accidents, traffic police shall carry out investigation,
verification, and resolution within 7 working days; where railroad traffic
accidents require additional verification or expertise assessment, the
aforementioned time limit can be extended to a maximum of 1 month from the date
on which traffic police receive report on railroad traffic accidents; where
even more time is required for verification, document and proof collection, the
aforementioned time limit can be extended to a maximum of 2 months from the
date on which traffic police receive report on railroad traffic accidents. Such
extension is to be reported to competent persons in writing using Form No.
11/TNDS attached hereto.
2. Where criminal activities are found in railroad
traffic accidents under Point a Clause 8 Article 7 hereof or during
investigation, verification, resolution of railroad traffic accidents under
Point b Clause 8 Article 7 hereof, Sub-departments of Traffic Police shall
verify and resolve within the time limit under Clause 1 and Clause 2 Article
147 of the Criminal Proceeding Code of 2015 (amended in 2021) and Article 9,
Article 11 of Joint Circular No. 01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC
dated December 29, 2017 of the Minister of Public Security, the Ministry of
National Defense, the Ministry of Finance, the Ministry of Agriculture and
Rural Development, the Supreme People’s Procuracy (amended by Joint Circular
No. 01/2021/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated November 29, 2021) and
Article 12 of Circular No. 28/2020/TT-BCA dated March 26, 2020 of the Minister
of Public Security (amended by Circular No. 129/2021/TT-BCA dated December 31,
2021).”.
10. Amend Article 16:
“Article 16. Resolution of railroad traffic
accidents via administrative procedures
On the basis of investigation and verification
files and documents, traffic police officers shall request competent head
personnel to resolve railroad traffic accidents as follows:
1. Inviting relevant parties to headquarters,
informing relevant parties about investigation and verification results
(concluded causes, development of railroad traffic accidents, faults of
relevant individuals in railroad traffic accidents, administrative penalties),
preparing railroad traffic accident resolution record using Form No. 15/TNDS,
administrative offence notice (if any) in accordance with the Law on
Administrative Penalties of 2012 (amended in 2020).
Where a party related to railroad traffic accidents
is absent on reasonable grounds, preparing record of absence and setting up
appointment date.
2. Requesting competent head personnel to issue
decision on administrative penalties in railroad traffic (if any); where
temporary suspension of license, practicing certificate is imposed, traffic
police are to temporarily suspend license on electronic environment if such
license has been integrated with electronic ID, electronic identification
account on national identification application; deduction of driver's license
merit points, restoration of driver's license merit points as per the law (if
any).
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Where relevant parties in railroad traffic accidents
fail to negotiate and reach a civil compensation agreement, preparing records
and guiding relevant parties to contact competent court to settle in accordance
with civil proceeding procedures.
4. Upon concluding railroad traffic accident
investigation, verification, and resolution, traffic police officers accepting
the case shall finalize the paperwork, report the conclusion of investigation,
verification, and resolution of railroad traffic accident to head personnel;
implement statistics report, railroad traffic accident reports, register and
store documents in accordance with regulations of Ministry of Public Security
and relevant law provisions.
5. In respect of railroad traffic accidents
accepted by investigating authorities, where decision not pressing criminal
charge or decision annulling decision pressing criminal charge or decision
suspending investigation or decision suspending the case is issued and where
administrative violations of the case warrant the transfer of documents,
exhibits, and vehicles of railroad traffic accidents to relevant traffic police
forces and authorities for administrative penalties, traffic police officers
accepting the case shall report to competent persons according to Article 63 of
the Law on Administrative Penalties of 2012 (amended in 2020) and individual
railroad traffic accidents according to Clause 2 of this Article.
6. Requesting presiding authorities in writing to
take rectifying measures where agencies and entities accepting the case
identify issues, problems, and shortcomings in state management of railroad
traffic infrastructure, management of vehicle operators, or management of
vehicles at the end of railroad traffic accident investigation, verification,
and resolution.
7. Updating railroad traffic accident data to
database on traffic accident, software for consolidating, synchronizing traffic
accident data and resolution, and software for criminal investigation as per
the law.”.
11. Amend Article 17:
“Article 17. Resolution of railroad traffic
accidents with signs of criminal activities within capabilities of agency
assigned to investigate
1. Where criminal activities found in railroad
traffic accident investigation, verification, and resolution under Clause 8
Article 7 hereof are not to be transferred to competent criminal investigating
authority in People’s Army, officers assigned to investigate, verify, resolve
railroad traffic accidents affiliated to Sub-departments of Traffic Police
shall report to their head personnel or assign their deputies, investigating
officers or change their deputies, investigating officers and:
a) Sub-departments of Traffic Police shall inform
provincial People’s Procuracy regarding reception of crime report; consider
whether or not to press charge criminally as per the law;
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c) Exercise investigating duties, powers under
Article 38 of the Law on Organization of Criminal Investigation Authority of
2015 (amended in 2021), Article 40 of the Criminal Proceeding Code of 2015
(amended in 2021), Joint Circular No.
01/2017/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated December 29, 2017 of the
Ministry of Public Security, the Ministry of National Defense, the Ministry of
Finance, the Ministry of Agriculture and Rural Development, the Supreme
People’s Procuracy (amended by Circular No.
01/2021/TTLT-BCA-BQP-BTC-BNN&PTNT-VKSNDTC dated November 29, 2021) and
Circular No. 28/2020/TT-BCA March 26, 2020 of the Minister of Public Security
(amended by Circular No. 129/2021/TT-BCA dated December 31, 2021).
2. Case files on railroad traffic accidents
transferred to investigating police authority include:
a) Documents used by agency assigned to investigate
issued under Circular No. 119/2021/TT-BCA;
b) Record of scene examination of railroad traffic
accident; layout of railroad traffic accident scene; photograph of the scene;
motion picture storage devices (if any);
c) Record of vehicle examination; record of
suspension of exhibits, vehicles; decision suspending exhibits, vehicles;
documents of vehicles, vehicle operators, and goods thereon (if any);
d) Record of statement and testimony of persons
related to railroad traffic accidents;
dd) Record of physical injuries sustained by
victims, layout of physical injury locations on victim’s bodily, record of
railroad traffic accident reconstruction (if any);
e) Conclusion of assessment of loss of lives and
properties; other relevant documents (if any);
g) Exhibits, vehicles, evidence related to the
accidents (if any);
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12. Add the phrase “Việt Nam” (Vietnam) after the
phrase “Đường sắt” (Railroad) under Clause 4 Article 6; add the phrase “thiết bị
tín hiệu đuôi tàu” (end of train device) after the phrase “hệ thống xả cát”
(sand flushing system) under Point b Clause 2 Article 10.
13. Annul the following phrases:
a) Annul the phrase “và Khoản 3” (and Clause 3)
under Clause 4 Article 6, the phrase “tố tụng hình sự” (criminal proceeding)
under Clause 1, Clause 3 Article 10 and Clause 2 Article 14;
b) Annul the phrase “đề nghị người tiến hành tố tụng
hình sự có thẩm quyền” (request competent criminal presiding officers) under
Clause 2 and the phrase “đề nghị người tiến hành tố tụng có thẩm quyền”
(request competent presiding officers);
c) Annul the phrase “Tham gia” (Participate) under
Article 9, Article 10, Article 11, Article 12, Article 13, and Article 14.
14. Annul Clause 5 Article 6 and Clause 7 Article
7.
Article 2. Amendment to
Circular No. 64/2020/TT-BCA dated June 19, 2020 of the Minister of Public
Security on procedures for investigating, resolving waterway traffic accidents
of traffic police forces
1. Amend Point b Clause 1 Article 5:
“b) Sub-departments of Traffic Police.”.
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“5. Other agencies, entities in people’s public
security, upon receiving accident reports, have the responsibility to inform agencies,
entities under Clause 1 of this Article in order to receive report regarding
inland waterway traffic accident.
All traffic accidents are to be reported to
Sub-departments of Traffic Police and commune-level police authority of
communes where traffic accidents occur to take actions within their power or
cooperate when requested.”.
3. Amend Point b Clause 2 Article 6:
“b) Where the reported inland waterway traffic
accident does not occur in area in charge by the recipient, inform
Sub-departments of Traffic Police in charge of the area to process and
cooperate if needed.”.
4. Amend Clause 4 Article 6:
“4. Where complicated traffic accident causes death
of or missing of at least 3 people; extended traffic congestion throughout the
route, administrative divisions, provinces; catastrophes or situations
requiring joint rescue, traffic regulation, control operations of police forces
of multiple provinces and central-affiliated cities, immediately report to
director of provincial police forces (via counseling department or
sub-departments of traffic police) and Ministry of Public Security (via Traffic
Police Department).”.
5. Amend Clause 6 and Clause 7 Article 6:
“6. Sub-departments of Traffic Police, upon
receiving report of traffic accident under Clause 4 of this Article or traffic
accident involving foreigners or traffic accident involving people’s public
security officials and officers, shall report the case in accordance with
Circular No. 66/2022/TT-BCA dated December 30, 2022 of the Minister of Public
Security.
7. Where traffic police officers arrive at the
scene after relevant parties have left (the scene is not preserved), traffic
police officers shall prepare a record of event using Form No. 02/TNDT attached
hereto.”.
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a) Where traffic accident results in: death of a
person at the scene, death of a person on an ambulance, death of a person who
was receiving emergency medical care, potential death of a person; crushing,
compression, injury amputation, or detachment of limb(s); traumatic brain
injury; fracture of limbs of at least 3 people; or at least 61% of bodily
injury or at least 100 million VND worth in property damage which is determined
on a grounded basis, officials of Sub-department of Traffic Police are to
report to their Director and immediately inform competent provincial traffic
police authority;“.
7. Amend Clause 2 Article 8:
“2. Traffic police officers assigned to arrive at
the scene are to conduct investigation, verification, and resolution of traffic
accidents, prepare record of event using Form No. 02/TNDT attached hereto.
Within 24 hours from the moment in which traffic police officers prepare record
of administrative case, the traffic police officers shall also report to competent
head personnel to issue decision assigning officers to investigate, verify,
resolve traffic accidents using Form No. 04/TNDT attached hereto, develop plan
for verification and resolution of traffic accident using Form No. 03/TNDT
attached hereto which is to be approved by competent head personnel; notice of
administrative offence is to be prepared immediately after determining
perpetrators.”.
8. Amend Point c Clause 3 Article 9 as follows:
“c) Examination personnel composition:
Depending on the nature and characteristics of
traffic accident, examination personnel is to be determined as follows:
criminal technique officers; fire prevention, firefighting, and rescue police
department; police forces of communes, wards, towns, police stations of
districts in areas without communes where traffic accident occurs;
representatives of inland waterway craft registration and inspection entities,
or qualified individuals and organizations (related to examination of inland
waterway craft); representatives of entities inland waterway; representatives
of entities with engineering qualifications related to water structures,
river-crossing structures; eyewitnesses and persons with related benefits and
obligations; representatives of commune-level governments of communes where
traffic accident occurs; representatives of facilities, enterprises (persons
with field-specific knowledge in property price and valuation) for determining
initial property damage;”.
9. Amend Article 10:
“Article 10. Temporary suspension, handling of
exhibits, vehicles, license, practicing certificate under administrative
procedures
1. Temporary suspension of exhibits, vehicles,
certificate of qualifications, license, practicing certificate (hereinafter
referred to as “license, practicing certificate”) of shipmates related to
inland waterway traffic accidents shall conform to Article 125 of the Law on
Administrative Penalties of 2012 (amended in 2020) and other relevant law
provisions.
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2. Prior to extension of temporary suspension
period of exhibits, vehicles, license, practicing certificate of shipmates,
officials assigned to conduct investigation, verification, resolution of inland
waterway traffic accidents are to report to and request competent head personnel
to extend temporary suspension period using Form No. 14B/TNDT attached hereto.
3. Handling of exhibits, vehicle, license,
practicing certificate of shipmates involved in inland waterway traffic
accident is to conform to Article 126 of the Law on Administrative Penalties of
2012 (amended in 2020) and other relevant law provisions.
4. Following conclusion of vehicle examination,
where vehicle operators are not at fault and have not violated other relevant
law provisions, vehicles are to be returned to owners or operators
immediately.”.
10. Amend Clause 1 Article 14:
“1. Where bodily injury assessment, property damage
valuation, physical mark assessment, professional technical assessment of
vehicles, bridges, ferries, stream-crossing structures, subsurface structures,
ports, inland waterway ports, traffic arrangement solutions, traffic structure
quality is required to accommodate resolution of traffic accidents in
accordance with administrative laws, traffic police officers shall request
competent head personnel to issue decision soliciting assessment in accordance
with regulations of the Government on document forms used in administrative
penalties in order to request agencies entitled to assessment, property
valuation as per the law.”.
11. Amend Point c Clause 4 Article 15 as follows:
“c) Examination and verification of vehicles,
vehicle operators; passengers, goods, load transported, and relevant documents
requires representatives of establishments, enterprises (individuals with an
understanding in prices, property valuation) in order to accommodate property
damage valuation and is to be recorded in accordance with regulations of the
Government on document forms used in administrative penalties.”.
12. Amend Clause 2 Article 17:
“2. Where there are signs of criminal activities in
traffic accidents in accordance with Articles 272, 273, 274, 275, 276, and 281
of the Criminal Code of 2015 (amended in 2017), officers of Sub-departments of
Traffic Police are to report to their director to coordinate investigation,
resolution of traffic accidents in accordance with Article 20 hereof.”.
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“a) Documents used by agency assigned to
investigate are issued under Circular No. 119/2021/TT-BCA dated December 8,
2021 of the Minister of Public Security;”.
14. Amend Point g Clause 2 Article 20:
“g) Record of case file delivery using Form No. 240
attached to Circular No. 119/2021/TT-BCA.”.
15. Amend Article 23:
“Article 23. Examination of traffic accident
investigation and resolution
1. Examination of inland waterway traffic accident
investigation, verification, and resolution shall conform to this Circular and
Circular No. 35/2024/TT-BCA dated August 2, 2024 of the Minister of Public
Security.
2. Where traffic accidents under Clause 4 Article 6
hereof occurs or heads of Ministry of Public Security direct so, Traffic Police
Department has the responsibility to cooperate with relevant entities and local
police forces to examine traffic order and safety assurance in order to
evaluate causes, responsibilities of individuals, organizations causing traffic
accidents.”.
16. Amend Clause 1 and Clause 2 Article 24:
“1. Sub-departments of Traffic Police shall use
form attached to Circular No. 119/2021/TT-BCA if they discover signs of
criminal activities in inland waterway traffic accident in the process of
investigating, verifying, resolving inland waterway traffic accident.
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17. Amend Point b Clause 3 Article 24:
“b) Record of event (Form No. 02/TNDS);”.
18. Amend Clause 2 Article 26:
“2. Where signs of criminal activities are found in
traffic accidents via initial investigation and verification work,
Sub-departments of Traffic Police shall transfer the entirety of files, documents,
vehicles related to the accidents to competent criminal investigation authority
in people’s army. After transferring the aforementioned items to criminal
investigating authority in people’s army, Sub-departments of Traffic Police
have the responsibility to cooperate at request of criminal investigating
authority in people’s army.”.
19. Replace the phrase “Công an cấp huyện”
(district-level police) with the phrase “Công an cấp tỉnh” (provincial-level
police) under Clause 8 Article 7 and Article 29; replace the phrase “bàn giao
cho Công an cấp huyện” (transfer to district-level police) with the phrase
“Phòng Cảnh sát giao thông” (Sub-departments of Traffic Police) under Article
29.
20. Annul the following phrases:
a) The phrase “Cảnh sát đường thủy” (waterway
police) under Article 1;
b) The phrase “Công an cấp tỉnh hoặc đơn vị Cảnh
sát đường thủy” (provincial-level police or waterway police) under Clause 1
Article 6;
c) The phrase “đồng thời thông báo cho Công an cấp
huyện nơi xảy ra vụ tai nạn giao thông biết hoặc yêu cầu phối hợp điều tra, xác
minh, giải quyết vụ tai nạn giao thông theo quy định” (simultaneously inform
district-level police of districts where the traffic accidents occur or request
cooperation in traffic accident investigation, verification, and resolution as
per the law) under Point a Clause 2 Article 6;
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21. Annul Point a Clause 1 Article 5, Clause 3
Article 6, Point c Clause 1 Article 22.
Article 3. Amendment to
Circular No. 36/2023/TT-BCA dated August 2, 2023 of the Minister of Public
Security
1. Insert Point c after Point b Clause 4 Article 6:
“c) Develop plans for patrol, control, handling of
violation in their jurisdiction under Plan approved by the Director of Traffic
Police Department.”.
2. Amend Clause 7 Article 6:
“7. Directors of commune-level, district-level
police, police stations in districts without communes (hereinafter referred to
as “directors of commune-level police): exercise traffic order and safety,
security and order assurance for persons, vehicles at stream-crossing stations
for passenger transport and waters that have not been declared belonging to
commune-level administrative divisions.”.
3. Amend Point c Clause 1 Article 16 as follows:
“c) Send notice (Form No. 02/36) requesting vehicle
owners, organizations, individuals related to administrative violations to arrive
at headquarters of police forces that discover the violation or commune-level
police headquarters, Sub-departments of Traffic Police of area of their
residence to resolve administrative violations if traveling is difficult in
accordance with Clause 2 Article 15 of Decree No. 135/2021/ND-CP dated December
31, 2021 of the Government.”.
4. Replace the following phrases:
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b) The phrase “Công an cấp huyện” (district-level
police) with the phrase “Phòng Cảnh sát giao thông” (Sub-departments of Traffic
Police) under Clause 3 and Clause 4 Article 16.
5. Annul the following phrases:
a) The phrase “Trưởng phòng cảnh sát đường thủy”
(directors of waterway police departments) and the phrase “(sau đây viết gọn là
Trưởng phòng Cảnh sát giao thông); Trưởng Công an quận, huyện, thị xã, thành phố
thuộc tỉnh; Trưởng Công an quận, huyện, thành phố thuộc thành phố trực thuộc
trung ương (sau đây viết gọn là Trưởng Công an cấp huyện)” [hereinafter
referred to as “Directors of Sub-departments of Traffic Police”); directors of
district-level police; director of district-level, city-level, provincial-level
police (hereinafter referred to “directors of district-level police”)] under
Clause 5 Article 6;
b) The phrase “Trưởng Công an cấp huyện” (directors
of district-level police) under Point a and Point b Clause 6 Article 6, Point b
Clause 1 Article 8;
c) The phrase “lãnh đạo Công an cấp huyện” (heads
of district-level police) under Clause 4 Article 15;
d) The phrase “Công an cấp huyện” (district-level
police) under Clause 1 Article 19 and the phrase “Trưởng Công an cấp huyện”
(director of district-level police) under Clause 3 Article 19.
6. Annul Point c Clause 1 Article 17.
7. Replace Forms No. 1, 2, and 5 attached to
Circular No. 36/2023/TT-BCA with Forms No. 1/36, 2/36, and 5/36 attached
hereto.
Article 4. Amendment to
Circular No. 26/2024/TT-BCA dated June 21, 2024 of the Minister of Public
Security
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a) Annul the phrase “Đội Cảnh sát giao thông, trật
tự Công an cấp huyện” (Traffic and order police forces of district-level
police) under Point a Clause 1 Article 10;
b) The phrase “sử dụng tại Công an cấp huyện” (use
at district-level police) under Clause 4 Article 29.
2. Annul Clause 2 Article 30 and Point g Clause 3
Article 30.
Article 5. Amendment to
Circular No. 63/2024/TT-BCA dated November 12, 2024 of the Minister of Public
Security
1. Amend Point b Clause 1 Article 18:
“b) Send notice requiring vehicle owners,
organizations, individuals related to administrative violations to arrive at
headquarters of police forces that discover the administrative violations or
headquarters of traffic police forces affiliated to Sub-departments of Traffic
Police of the area of their residence to process administrative violations or
headquarters of police forces that discover the administrative violations where
traveling is difficult in accordance with Clause 2 Article 15 of Decree No.
135/2021/ND-CP. Such notice of offence is to be sent as physical form or
electronic form (where technical, information, communication infrastructure
requirements are met).”.
2. Annul the following phrases:
a) The phrase “Trưởng Công an huyện, quận, thị xã,
thành phố thuộc tỉnh, thành phố trực thuộc trung ương (sau đây viết gọn là Trưởng
Công an cấp huyện)” [directors of district-level, province-affiliated city,
central-affiliated city police (hereinafter referred to as “directors of
district-level police”)] under Clause 3 Article 6;
b) The phrase “Trưởng Công an cấp huyện” (directors
of district-level police) under Clause 3 Article 8;
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3. Annul Point c Clause 1 Article 19.
Article 6. Amendment to
Circular No. 65/2024/TT-BCA dated November 12, 2024 of the Minister of Public
Security
Amend Clause 1 Article 6:
“1. Examination includes:
a) Examination of understanding of regulations of
the law pertaining to road traffic order and safety which uses questionnaire
for examination for driver’s license developed and promulgated by Traffic
Police Department (hereinafter referred to as “law theory exam”);
b) Examination of understanding of regulations of
the law pertaining to road traffic order and safety which includes computer
simulation of traffic situations developed and promulgated by the Ministry of
Public Security (hereinafter referred to as “law simulation exam”).”.
Article 7. Amendment to
Circular No. 66/2024/TT-BCA dated November 12, 2024 of the Minister of Public
Security
1. Amend Clause 1 Article 26:
“1. Eligibility of examinee: examinee is a professional
officer in traffic police force; examinee is in possession of a driver’s
license of which class is equivalent to the class of driver's license the
examinee is applying for at least 3 years from the date of issue, with
undepleted merit points, and unexpired effective period; examinee has
participated in examination courses and received examinee card issued by
Traffic Police Department.”.
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“a) Examinee card is to be issued to eligible
officer in accordance with Clause 1 of this Article and has effective period
corresponding to effective period of driver’s license but not exceeding 3 years
from the date of issue;”.
3. Amend Clause 3 Article 31:
“3. Driver’s license issued to officials and
officers in people’s public security carries a distinct serial number
consisting of 12 digits. Where driver’s license is renewed or reissued, the new
driver’s license shall use form prescribed by this Circular.”.
4. Amend Point c Clause 3 Article 33 as follows:
“c) For cases detailed under Point d Clause 1 of
this Article, traffic police authorities governing driver’s license are to
inform competent authorities in people’s army to cooperate in management. Class
of a renewed driver’s license for use in people’s public security shall match
that of the previous driver’s license. CX-class driver's license issued by the
Ministry of National Defense can be renewed as C-class driver’s license in
people’s public security in accordance with Point e Clause 1 Article 31 hereof.
Effective period and number of driver’s license shall conform to Clause 2,
Clause 3 Article 31 hereof.”.
5. Amend Point a Clause 1 Article 36 as follows:
“a) Where driver’s license has been expired for
less than 3 months and is required due to work reasons in which case written
request stating reasons and verification of agencies and working entities is
provided, the driver’s license shall be eligible for renewal in accordance with
Clause 2 and Clause 3 Article 33 hereof. Where such request is not prepared,
passing the theory examination again is to be required for the purpose of
renewing driver’s license;”.
6. Amend Clause 7 Article 36:
“7. Where officials or officers holding people’s
public security driver’s license cease to participate in security details, they
have the right to change current driver’s license to driver’s license compliant
with forms attached to Circular of the Minister of Public Security.”.
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Article 8. Amendment to
Circular No. 67/2024/TT-BCA dated November 12, 2024 of the Minister of Public
Security
Annul the phrase “Công an huyện, quận, thị xã,
thành phố thuộc tỉnh, thành phố thuộc thành phố trực thuộc Trung ương” (police
authorities of districts, province-affiliated cities, central-affiliated
cities) under Point b Clause 1 Article 4.
Article 9. Amendment to
Circular No. 69/2024/TT-BCA dated November 12, 2024 of the Minister of Public
Security
1. Annul the phrase “Trưởng Công an huyện, quận, thị
xã, thành phố thuộc tỉnh, thành phố trực thuộc trung ương (sau đây viết gọn là
Trưởng Công an cấp huyện)” [directors of district-level, province-affiliated
city, central-affiliated city police (hereinafter referred to as “directors of
district-level police”)] under Point a Clause 1 Article 5.
2. Replace Form No. 03A and Form No. 03B attached
to Circular No. 69/2024/TT-BCA with Form No. 03A/69 and Form No. 03B/69
attached hereto.
Article 10. Amendment to
Circular No. 72/2024/TT-BCA dated November 13, 2024 of the Minister of Public
Security
1. Amend Clause 10 Article 4:
“10. Road traffic accidents are to be reported to
Sub-departments of Traffic Police and commune-level, ward-level police, police
stations of districts in absence of commune-level administrative division
(hereinafter referred to as “commune-level police”) of areas where the road
traffic accidents occur in order to resolve or cooperate when requested and
monitor, prepare statistics, consolidate information on road traffic accidents
in the area.”.
2. Amend Point b Clause 1 Article 5:
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3. Amend Point b Clause 2 Article 5:
“b) Where reported road traffic accidents do not
occur on their patrol, control jurisdiction, inform Traffic Police Department
for performance of tasks in accordance with this Circular.”.
4. Replace the following phrases:
a) The phrase “Công an cấp huyện” (district-level
police) with the phrase “Phòng Cảnh sát giao thông” (Sub-departments of Traffic
Police) under Point Clause 1 Article 5;
b) The phrase “Cơ quan Cảnh sát điều tra Công an cấp
huyện” (investigating police of district-level police) with the phrase “Cơ quan
Cảnh sát điều tra Công an cấp tỉnh” (investigating police of provincial-level
police) under Point b Clause 7 Article 6, Point a Clause 8 Article 6 and Point
a Clause 9 Article 6;
c) The phrase “Viện kiểm sát nhân dân cấp huyện”
(district-level People’s Procuracy) with the phrase “Viện kiểm sát nhân dân
cùng cấp” (same-level People’s Procuracy) under Point b Clause 7 Article 6.
5. Annul the following phrases:
a) The phrase “Công an cấp huyện” (district-level
police) under Point a Clause 4 Article 5, Clause 5 and Clause 6 Article 5;
b) The phrase “đồng thời thông báo ngay cho Công an
cấp huyện nơi xảy ra vụ tai nạn giao thông đường bộ để phối hợp giải quyết”
(and immediately inform district-level police of districts where road traffic
accidents occur for cooperation) under Point b Clause 4 Article 5;
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d) The phrase “Trạm” (Station) under Point c Clause
3 Article 8.
6. Annul Point c Clause 1 Article 4, Clause Article
5, Point c Clause 4 Article 5, Point b Clause 9 Article 6, and Point b Clause 2
Article 16.
Article 11. Amendment to
Circular No. 73/2024/TT-BCA dated November 15, 2024 of the Minister of Public
Security
1. Amend Point b, Point c Clause 1 Article 24:
“b) Where vehicle owners, organizations and
individuals related to administrative violations do not reside in or are not
based in districts where police authorities discover the violations and where
such administrative violations are within the power to impose penalties of
directors of commune-level, ward-level police authorities, police stations in
districts in absence of commune-level administrative division (hereinafter
referred to as “directors of commune-level police”), collected results are to
be transferred to commune-level police of areas where vehicle owners,
organizations, individuals related to the administrative violations reside or
are based in via professional means and equipment under Form No. 03/73 attached
hereto in order to resolve, process the violations (if internet connection is
available, such transferred is to be implemented via electronic means).
Where directors of commune-level police do not have
the authority to impose penalties for administrative violations or lack
internet connection to do so, directors of commune-level shall transfer
collected results via professional technical means and equipment to
Sub-departments of Traffic Police of administrative divisions where
organizations, individuals related to administrative violations reside or are
based in using Form No. 03/73 attached hereto;
c) Send notice (Form No. 01/73) requiring vehicle
owners, organizations, individuals related to administrative violations to
arrive at headquarters of police forces that discover the administrative
violations or headquarters of traffic police forces affiliated to
Sub-departments of Traffic Police of the area of their residence to process
administrative violations or headquarters of police forces that discover the
administrative violations where traveling is difficult in accordance with
Clause 2 Article 15 of Decree No. 135/2021/ND-CP. Notice of violation is to be
sent in form of physical documents or electronic documents via data connection
and sharing methods via VNeTraffic application where technical and information
infrastructures are satisfied.
Update information of offending vehicles (type of
vehicles; license plates, license plate color; time and location of violations,
details of violations; entities that discover the violations; entities that
resolve the issues, contact phone number) on website of Traffic Police
Department, VNeTraffic application to enable vehicle owners, organizations,
individuals related to administrative violations to look up and contact for
resolution.”.
2. Amend Point b Clause 1 Article 29:
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3. Amend Point a Clause 1 Article 30 as follows:
"a) Develop plans for patrolling, controlling
road traffic order, safety
Where Minister of Public Security decides on the mobilization,
Traffic Police Department has the responsibility to develop plans. Where
directors of provincial-level police decide on the mobilization,
Sub-departments of Traffic Police have the responsibility to develop plans;”.
4. Amend Point c Clause 2 Article 30 as follows:
“c) Where traffic police forces are not available,
commune-level police forces are only entitled to conduct inspection and
violation handling on roads in their jurisdiction in accordance with plans
promulgated by competent authority and report implementation results to traffic
police forces; where motorbike, moped, non-motorized vehicle operators commit
any of the violations below, they shall be met with punitive actions as per the
law: failure to don helmets as per the law; carrying more passengers than
allowed; carrying bulky or oversized goods; stopping or parking in an unlawful
manner; swerving, operating two-wheeled vehicles on one wheel; failure to
install rear-view mirrors on the left side of the vehicle; using umbrellas;
tugging or propelling other vehicles, items; operating vehicles while underage
or found committing serious violations pertaining to road traffic order,
safety, social order and security.
Where other violations are found in the process of
handling a violation, actions shall be taken within authority or notice of
administrative offence shall be prepared if the violations are beyond power of
handling authority and the violations are to be reported to competent
authority. Procedures for pulling over vehicles, inspecting, taking actions
against violation are to conform to this Circular.”.
5. Replace the following phrases:
a) The phrase “Trưởng Công an xã, phường, thị trấn”
(directors of commune-level, ward-level police) with the phrase “Trưởng Công an
cấp xã” (directors of commune-level police) under Clause 2 Article 24;
b) The phrase “Công an xã, phường, thị trấn”
(commune-level, ward-level police) with the phrase “Công an cấp xã”
(commune-level police) under Clause 3, Clause 4, and Clause 5 Article 24;
Clause 5 Article 25;
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d) The phrase “Công an cấp huyện” (district-level
police) with the phrase “Phòng Cảnh sát giao thông” (Sub-departments of Traffic
Police) under Clause 3, Clause 4, and Clause 5 Article 24.
6. Annul the following phrases:
a) The phrase “Trưởng Công an huyện, quận, thị xã,
thành phố thuộc tỉnh, thành phố trực thuộc trung ương (sau đây viết gọn là Trưởng
Công an cấp huyện)” [directors of district-level, province-affiliated city,
central-affiliated city police (hereinafter referred to as “directors of
district-level police”)] under Clause 4 Article 6;
b) The phrase “Trưởng Công an cấp huyện” (directors
of district-level police) under Point a Clause 3 Article 7, Clause 3 Article
10;
c) The phrase “Dội Cảnh sát giao thông - trật tự”
(traffic - order police forces) under Clause 4 Article 10.
7. Annul Point c Clause 1 Article 25, Point c
Clause 1 Article 29.
8. Replace Forms No. 1, 2, 3, and 5 attached to
Circular No. 73/2024/TT-BCA with Forms No. 1/73, 2/73, 3/73 and 5/73 attached
hereto.
Article 12. Amendment to
Circular No. 79/2024/TT-BCA dated November 15, 2024 of the Minister of Public
Security
1. Amend Clause 8 Article 3:
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2. Amend Clause 9 Article 3:
“9. Organizations and individuals are based in or
reside in areas that lack commune-level administrative division may choose to
register vehicles at Sub-departments of Traffic Police or police stations
tasked with vehicle registration.”.
3. Amend Point b Clause 2 Article 4:
“b) Motor vehicles, motorbikes, and mopeds of which
license plates are won through auction;”.
4. Amend Clause 4 Article 4:
“4. Commune-level, ward-level police, police
stations of districts in absence of commune-level administrative divisions
(hereinafter referred to as “commune-level police”) shall proceed with vehicle
registration as follows:
a) Commune-level police authorized to process
vehicle registration before the effective date hereof shall proceed with
registration of motor vehicles, specialized vehicles, motorbikes of domestic organizations
and individuals that are based in or reside in the area (other than those under
Clause 1, Clause 2 of this Article);
d) Commune-level police of communes where
district-level police are previously based or vehicle registration bodies shall
register motor vehicles, specialized vehicles, motorbikes of domestic
organizations and individuals that are based in or reside in the area and in
communes, wards of districts, cities of which local government has not been
tasked with vehicle registration (other than those under Clause 1, Clause 2 of
this Article).”.
5. Amend Clause 5 Article 4:
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a) For communes where number of vehicles to be
registered exceeds local government’s capability, in addition police of said
communes, police of adjacent communes tasked with vehicle registration shall
provide assistance in vehicle registration for domestic organizations,
individuals that are based in or reside in the area;
b) For districts that lack commune-level
administrative divisions, police stations or Sub-departments of Traffic Police
are to be tasked with vehicle registration;
c) Where commune-level police under Point b Clause
4 of this Article are unsatisfactory to be tasked with vehicle registration,
police of other communes in the area shall proceed with vehicle registration;
d) Continue to delegate vehicle registration to
commune-level police that has not been delegated to implement vehicle
registration before June 30, 2026.”.
6. Amend Point b Clause 3 Article 11:
“b) Sale invoices of public property or sale
invoices of state property or sale invoices of confiscated property or record
of property delivery (for handling in form of reassignment) as per the law.”.
7. Amend Point c Clause 1 Article 14 as follows:
“c) Vehicle registration officials are to receive
first-time vehicle registration documents in their entirety via public service
portal, national identification application and transfer to vehicle registration
and management system for examining, editing vehicle registration data (without
conducting physical inspection, taking pencil impression of engine number,
chassis number, taking vehicle photographs as per the law); printing vehicle
registration declaration, certificate of vehicle registration; requesting
competent head personnel to approve, sign vehicle documents, certificate of
vehicle registration and relevant documents; appending seal to vehicle
documents. Return certificate of vehicle registration, license plate (append
identification seal to license plate acquired through auction or seal of clean
energy, green, environmentally friendly energy as per the law) to vehicle
owners via post service or in-person at vehicle registration bodies;”.
8. Amend Point b Clause 2 Article 27:
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9. Amend Clause 3 Article 34:
“3. Schedules under Points a, b, c, dd, e, q, and r
Clause 2 of this Article are to be printed secure at Department of Security
Industry. Traffic Police Department has the responsibility to order the
printing process at request of local police authorities. On the basis of
practical demand of commune-level police and police entities, Sub-departments
of Traffic Police shall send notice to Traffic Police Department and request
manufacturing entities to order printing and pay as per the law.”.
10. Annul the phrase “Công an cấp huyện”
(district-level police) under Clause 1 Article 10 and the phrase “công ích”
(public) under Clause 6 Article 3; Point a Clause 1 Article 14; Point a and
Point d Clause 2 Article 14; Point c and Point d Clause 2 Article 17; Clause 2
Article 20; Point a, Point b, Point c Clause 1 Article 21; Point b Clause 2
Article 21; Point a Clause 1 Article 26; Point d Clause 1 Article 29.
11. Annul Clause 3 Article 4.
12. Forms No. DKX01, DKX02, DKX03, DKX05, DKX06,
DKX07, DKX08, DKX09, and DKX10 under Circular No. 79/2024/TT-BCA are to be
replaced with forms No. DKX01/79, DKX02/79, DKX03/79, DKX05/79, DKX06/79,
DKX07/79, DKX08/79, DKX09/79 and DKX10/79 attached hereto.
Article 13. Amendment to
Circular No. 02/2024/TT-BCA dated January 12, 2024 of the Minister of Public
Security
1. Amend Point a Clause 1 Article 5 as follows:
“a) ID card, certificate of ID Card;”.
2. Amend Point dd Clause 1 Article 5:
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Article 14. Implementation
1. This Circular comes into force from March 01,
2025.
2. Director of Traffic Police Department is
responsible for monitoring, guiding, examining, and expediting implementation
of this Circular.
3. Heads of entities affiliated to Ministry of
Public Security, directors of police authorities of provinces and
central-affiliated cities, and relevant agencies, organizations, and
individuals are responsible for the implementation of this Circular.
4. Difficulties that arise during implementation of
this Circular are to be reported to the Ministry of Public Security (via
Traffic Police Department)./.
MINISTER
General Luong Tam Quang