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Who can handle traffic violations?

11/03/2022


The patrol, control and handling of traffic violations is a regular and conspicuous job of the traffic police to ensure traffic order and safety. So, who has the right to stop the driver to check and handle traffic violations except the traffic police?

According to Clauses 1 and 3, Article 87 of the Law on Road Traffic 2008, except for the traffic police, those have the right to stop a driver:

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1. Traffic Inspector

According to the provisions of Article 15 of Circular 02/2014/TT-BGTVT, inspectors and inspection officers are allowed to stop road vehicles in the following cases:

- Forcible termination of administrative violations.

- When detecting the vehicle showing signs of violation:

+ Exceeded the working load

+ Exceeded the maximum allowed limit

+ Tracked vehicle on the road without taking protective measures.

+ Illegal land dumping, construction materials and other scraps onto roads or into road safety corridors.

At this time, along with the request to stop the vehicle, the traffic inspector also has the right to make a record of fines for violators.

2 - Other police force and commune police.

Article 4 of Circular 47/2011/TT-BCA has specified that the forces mobilized to patrol and control traffic with traffic police include: order police, quick response police, mobile police, and police. security guard, the police for administrative management of social order and safety, the police in charge of the commune, the ward police and the commune police.

According to Article 4 of Decree 27/2010/ND-CP, these forces will be mobilized to patrol and control traffic in the following cases:

- During the celebration; socio-political events; great cultural and sports activities.

- The peak periods of patrol and traffic control.

- When the situation of violations of traffic order and safety, accidents and traffic jams have complicated developments.

- Other cases where traffic order and safety adversely affect political security, social order and safety.

3 - Other forces such as market management, environmental protection inspector, maritime port authority, airport authority, inland waterway port authority, fire prevention and fighting police and rescue, rescue ...

When performing their assigned functions and tasks, these forces also have the authority to impose penalties for traffic violations related to their respective fields.

Besides, when the vehicle is stopped and sanctioned illegally, what can the person being fined do?

1 - Complaints via hotline.

Currently, people can call the hotline of the Ministry of Public Security: 06923.42593 to report negativity and corruption in the traffic police force. Note, this is a landline number, so you must call directly, not receive messages.

2 - Complaint in person or in writing.

According to the 2011 Law on Complaints, if there are grounds to believe that the sanctioning force is not within their competence or in accordance with regulations, people have the right to complain directly or in writing.

First of all, people need to make their first complaint to the person who made the decision to sanction the violation against them.

In case of not being resolved or disagreeing with the first-time complaint settlement decision, people can make a second complaint to the head of the immediate superior of the person who has sanctioned them.