The draft Circular regulating the process of patrolling, controlling, and handling administrative violations of road traffic order and safety by the Traffic Police takes effect from January 1, 2025. The Ministry of Public Security is collecting comments on the draft until September 26, 2024.
Point c, Clause 2, Article 30 of the draft stipulates:
In case there is no traffic police force accompanying, the commune police force shall conduct patrols and controls according to the plan issued by the competent authority and report the situation, results of patrols, controls and handling of violations to the traffic police force.
Commune police are only allowed to patrol, control, and handle violations on commune roads and other roads under the commune's management.
When detecting drivers of motorbikes, scooters, electric motorbikes, and rudimentary vehicles committing violations of the law such as: Not wearing helmets as prescribed; carrying more people than prescribed; carrying bulky goods, exceeding the prescribed size limit; stopping or parking the vehicle in violation of regulations; speeding, weaving, or swerving; not having a rearview mirror on the left; using an umbrella; not being of legal age to operate a vehicle as prescribed or detecting vehicles seriously violating traffic order, safety, security, and social order, if not promptly stopped, it will cause dangerous consequences for society, they will be handled according to the provisions of the law.
In the process of resolving and handling the above violations, if other violations are discovered, they will be handled according to authority. If the sanctioning authority is exceeded, a record of administrative violations will be drawn up and a report will be made to the competent authority to issue a decision on administrative sanctions according to the provisions of law.
Thus, normally, when not accompanied by the Traffic Police, the commune police are only allowed to patrol, control, and handle violations on commune roads and other roads under the commune's management.
The communal police only handle cases when they detect drivers of motorbikes, mopeds, electric motorbikes (motorbikes), and rudimentary vehicles committing certain violations of the law. The law does not state cases where the communal police handle drivers of cars who violate the law.
Another notable point related to the commune police is that in the draft Decree regulating administrative sanctions for violations of traffic order and safety in the field of road traffic; deducting points and restoring points from driving licenses, the authority of the commune police chief is to increase the amount of money within the authority to impose road traffic fines of the commune police chief from 2 million to 2.5 million.
Article 76 of Decree No. 100/2019/ND-CP dated December 30, 2019 of the Government regulating administrative sanctions for violations in the field of road and railway traffic (hereinafter referred to as Decree No. 100/2019/ND-CP) stipulates the sanctioning authority of the People's Public Security.
In which, the commune-level police chief has the authority to: Fine up to 2,000,000 VND for violations in the field of road traffic and 2,500,000 VND for violations in the field of railway traffic.
According to the draft Decree regulating administrative sanctions for violations of traffic order and safety in the field of road traffic; deduction of points, restoration of points of driving licenses, the authority of the commune police chief is regulated as follows: Fines up to 2,500,000 VND for violations in the field of road traffic.
