Question: In fact, when patrolling and controlling, there are multiple cases where traffic police ask to stop vehicles participating in road traffic for inspection and supervision. When conducting patrol and inspection, do the traffic police have the right to stop the vehicles of road users? Looking forward to your advice!
The Law Department - ACDC advises:
Under Article 8 Circular 65/2020/TT-BCA, regulations on duties, powers, forms, content and procedures for patrolling, controlling and handling administrative violations of road traffic by the Traffic Police, thus, the authority of the Traffic Police in the patrol and control shall include the following rights:
(1) Stopping vehicles participating in road traffic (“transport”) following the Law on Road Traffic, this Circular and other relevant laws.
(2) Control of persons and vehicles participating in road traffic, the documents of the vehicle operator, the vehicle documents and the identification papers of the person on the vehicle under control following the law;
(3) Control the implementation of regulations on road transport activities following the law.
(4) Shall take measures to prevent and deal with violations of road traffic, social order and other violations following the law.
(5) Shall request agencies, organizations and individuals to coordinate and assist in dealing with accidents, congestion, traffic obstruction or other cases of road traffic disorder and safety. In case of urgency to protect national security, ensure order and social safety or prevent consequences of social damage occurring or at risk, the Traffic Police shall patrol and control the mobilization of vehicles, communication means, and other means of agencies, organizations and individuals. The mobilization is done in the form of a direct request or writing.
(6) Shall equip, install and use means of transport, vehicles, professional technical equipment, weapons and supporting tools by the law and the Ministry of Public Security.
(7) Shall temporarily suspend travel in certain sections of the road, re-route, re-line and stop and park vehicles when there is a traffic jam or traffic accident or when there are other requirements on ensuring social security, order and safety.
(8) Shall exercise other powers of the People's Public Security force following the law.
Therefore, in the patrol, the Traffic Police control has the above rights, including the right to stop vehicles participating in road traffic. The suspension of vehicles participating in road traffic was implemented under the 2008 Law on Road Traffic, Circular 65/2020/TT-BCA and other relevant laws.
