Thông tư 76/2011/TT-BCA

CIRCULAR

REGULATING ASSIGNMENT OF RESPONSIBILITIES AND RELATIONSHIP OF COORDINATION IN THE INVESTIGATION, SETTLEMENT OF TRAFFIC ACCIDENTS OF THE PEOPLE'S POLICE FORCE

Pursuant to the 1999 Penal Code, the Law amending and supplementing some Articles of the Penal Code of 2009;

Pursuant to the Criminal Procedure Code of 2003;

Pursuant to the 2004 Ordinance on Organization of Criminal Investigation; the Ordinance amending and supplementing some Articles of the 2006 Ordinance on Organization of Criminal Investigation and the Ordinance amending and supplementing some Articles of the 2009 Ordinance on Organization criminal investigation;

Pursuant to the 2002 Ordinance on Handling of Administrative Violations, Ordinance amending and supplementing some Articles of the 2007 Ordinance on Handling of Administrative Violations and the Ordinance amending and supplementing some Articles of the 2008 Ordinance on Handling administrative violations;

Pursuant to the Decree No.77/2009/ND-CP dated 15/9/2009 of the Government regulating functions, duties, powers and organizational structure of the Ministry of Public Security;

The Ministry of Public Security regulates on the assignment of responsibilities and relationship of coordination in the investigation, settlement of traffic accidents of the People's Police Force as follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of governing

This Circular provides for the assignment of responsibilities and relationship of coordination in the investigation, settlement of road traffic accidents, railroad accidents, water transport accidents of the People's Police Force (hereinafter referred to as traffic accidents).

Article 2. Subjects of application

This Circular applies to police units, local police; Police Forces of Road Traffic, Railways And Waterway Police; Investigation Police force; other Police Forces in the People's Public Security and other organizations and individuals involved in the investigation and settlement of traffic accidents on the territory of the Socialist Republic of Vietnam.

Article 3. Organization of the investigation and settlement of traffic accidents

1. Officers and soldiers on duty to investigate, solve traffic accidents need to master, comply fully with the provisions of law and procedures of the Ministry of Public Security on investigation and settlement of traffic accidents; conduct investigation, solve traffic accidents quickly, timely, in detailed, accurately, objectively and wholly. Prohibit officers and soldiers who abuse their assigned tasks to harass, cause trouble or have other negative behaviors to violate the State's interests, rights and legitimate interests of organizations and individuals.

2. Heads of The Investigation Police Agencies of Public Security at all levels; Director of the Police Bureau of Road Traffic – Railways; Director the Police Bureau of Waterway; Directors of Public Security of provinces, cities under central authority (hereinafter referred to as Provincial-level Public Security) are responsible for directing and allocating adequate officers and soldiers having moral qualities, professional skills, experience in investigation and have been trained in investigation, traffic accidents settlement to perform the assigned tasks.

3. Heads of Public Security of the units and localities are responsible for fully equipping facilities, funding for the investigation and settlement of traffic accidents; arranging places to receive people for information, settlement of traffic accidents or complaints and denunciations of citizens for this work.

4. The investigation and settlement of traffic accidents are the common tasks of the people's police forces which include directly police forces of road traffic, railways and waterway; investigation police. These forces must coordinate closely and ensure the unified, concentrated leadership of the Heads of Public Security at all levels.

Chapter 2.

ASSIGNMENT OF RESPONSIBILITIES AND RELATIONSHIPS OF COORDINATION IN THE INVESTIGATION AND SETTLEMENT OF TRAFFIC ACCIDENTS

Article 4. Responsibilities of the Public Security of districts, towns and provincial cities

Police chiefs of districts, towns and provincial cities (collectively called as The District Public Security) are responsible for directing and organizing the investigation and settlement of all traffic accidents occur in their respective localities. Assignment of the Traffic Police Forces and Investigation Police to implement the investigation and settlement of traffic accidents is as follows:

1. Traffic Police Force shall:

a) Be present immediately after the traffic accident occurred in the area for initial settlement such as conduct first aid to victims, protect the scene, assets of victims, determine the eyewitness, make clear traffic congestion;

b) Conduct field examination, examination of the vehicle, taking testimony of vehicle drivers, eyewitnesses, collect documents related to traffic accidents. In the settlement process if detecting criminal signs, shall immediately transfer the dossiers To Investigation Police Agencies of District Level Public Security for assuming investigation under its authority;

c) The initial settlement such as scene examination, examination of the vehicle, taking testimony of vehicle drivers, eyewitnesses of traffic accidents shall comply with the process of investigation and settlement of road traffic accidents; process of investigation and settlement of traffic accidents of railways; process of investigation and settlement of traffic accidents of waterway of the Public Security Ministry.

d) Accept the traffic accident cases having no signs of crime transferred by Investigation Police; handle administrative violations under jurisdiction for the traffic accidents with administrative violations.

2. Investigation police force shall:

a) Preside over and coordinate with the Traffic Police to be present at the scene to investigate, solve traffic accidents with dead persons at the scene; the traffic accidents causing serious consequences or more; to notify the People’s Procuracy at the same level to supervise the investigation in accordance with law provisions;

b) Receive, investigate the traffic accidents with criminal signs under jurisdiction transferred by The Traffic Police Force.

c) Notify in writing The Traffic Police Force at the same level with adequate information on the results of investigation, settlement of traffic accident cases which are assumed to investigate by District-level Police Chief;

d) Where the Investigation Police Agency has decided not to prosecute a criminal case or has decided to prosecute criminal case, but then decided to cancel the decision to prosecute criminal case or suspend the investigation, if the behavior of people involved in accident has signs of administrative violation, The Investigation Police Agency transfers all documents and exhibits, means of the traffic accident to Traffic Police Agency to handle administrative violations as prescribed by law.

Article 5. Responsibilities of Police Offices of Road Traffic, Railway, Waterway of the Provincial-Level Public Security

1. To guide and inspect the Traffic Police Forces of The District-Level Public Security in the settlement of traffic accidents.

2. To initially investigate and settle the traffic accidents assigned by the Directors of the Provincial-level Public Security; coordinate with Investigation Police Agencies of the Provincial-level Public Security, Investigation Police Agencies of The District-Level Public Security (when necessary) to investigate the traffic accidents assumed for investigation by Investigation Police Agencies of the Provincial-level Public Security, Investigation Police Agencies Of The District-Level Public Security.

3. While the teams, stations of Traffic Police and equivalent of the Traffic Police Offices, waterway Police Offices are patrolling and controlling on the roads, receive information or detect traffic accidents, they must conduct first aid to victims, protect the scene, protect property, identify eyewitnesses, ensure traffic and immediately notify the district-level public security where the accident occurred for handling.

4. For The District-Level Public Security that have not arranged yet the Waterway Police Force, Director Of Provincial-Level Public Security assigns Waterway Traffic Police Department to conduct the initial investigation the waterway traffic accidents, later transfer the dossier to the competent Investigation Police Agency to settle under the provisions of law.

Article 6. Responsibilities of the Investigation Police Agencies of Provincial-Level Public Security

1. To guide, inspect Investigation Police Forces of District-Level Public Security in the investigation and settlement of traffic accidents.

2. To investigate the cases of traffic accidents not causing particularly serious consequences, traffic accidents having complicated circumstances under investigation jurisdiction of the Investigation Police Agencies of District-Level Public Security but deems it necessary to directly investigate as assigned by the head of Investigation Police Agencies Of Provincial-Level Public Security.

Article 7. Responsibilities of the Police Bureau of Road Traffic, Railways; and Waterway Police Bureau

1. To guide, inspect Police Forces of Road Traffic, Railways; and Waterway Police at all levels to perform the investigation and settlement of traffic accidents.

2. To coordinate with Investigation Police Agency of Ministry of Public Security, Investigation Police Agency of provincial-level Public Security (when necessary) to settle the traffic accidents assumed for investigation by Investigation Police Agency of Ministry of Public Security, Investigation Police Agency of provincial-level Public Security.

Article 8. Responsibilities of the Investigation Police Agency of Ministry of Public Security

1. To guide, inspect investigation police forces to implement the investigation of traffic accidents.

2. To directly investigate the cases of traffic accidents causing particularly serious consequences, traffic accidents with many complicated circumstances under investigation jurisdiction of Investigation Police Agency of provincial-level Public Security but deems it necessary to directly investigate.

Article 9. Responsibilities of other police forces

Within their functions, duties, powers, the forces of mobile police, Police 113, Regional Police, Order Police, the Police of Fire fighting, criminal techniques; Public Security of communes, wards, towns and other concerned police forces are responsible for the implementation of the requirements of the Traffic Police, investigation Police in the process of investigation and settlement of traffic accidents.

Article 10. Traffic accidents related to people, foreign means; people, means of the People's Army

1. The traffic accidents caused by people, foreign vehicles shall comply with provisions of the interdisciplinary Circular No.01-TTLN dated 08/9/1988 by The Supreme People's Procuracy, Ministry of Home Affairs (now the Ministry of Public Security), Ministry of Justice, Ministry of Foreign Affairs.

2. For the traffic accidents related to people, means of the People's Army, after the initial investigation is ended, it is carried out as follows:

a) In case the signs of crime are determined under the jurisdiction of military courts under the provisions of the Circular No.01/2005/TTLT-TANDTC-VKSNDTC-BQP-BCA dated 18/04/2005 of the Supreme People’s Court, the Supreme People's Procuracy, the Defense Ministry, the Ministry of Public Security guiding the jurisdiction of military courts it shall comply with the provisions of the Circular No.01/2008/TTLT-TANDTC- VKSNDTC-MOD-BCA dated 20/10/2008 of the Supreme People's Court, Supreme People's Procuracy, the Ministry of Defense, the Ministry of Public Security on relationships of coordination in a number of activities of investigation, prosecution, trial of criminal cases between agencies conducting legal proceedings in and out of the army.

b) If determining that there is no criminal sign, the traffic police shall handle administrative violations as prescribed by law.

Article 11. Regime of information, report of traffic accidents

Report of traffic accidents, investigation results, settlement of traffic accidents; report of the statistical analysis, review on the situation of traffic accidents shall comply with the provisions of the Ministry of Public Security. Traffic police forces, investigation police of Public Security at all levels must strictly observe the regulations on the regime of reporting traffic accidents.

Chapter 3.

ORGANIZATION OF IMPLEMENTATION

Article 12. Effect

1. This Circular takes effect from January 09, 2012.

2. The Decision No.768/2006/QD-BCA (C11) dated 20/06/2006 of the Minister of Public Security issuing regulations to assign responsibilities and relationship of coordination in the investigation, settlement of traffic accidents of the people's police force shall be invalid from the effective date of this Circular.

Article 13. Responsibility for implementation

1. General Directors of the General Departments, the heads of units under the Ministry, Directors of Public Security, Directors of Police Departments of Fire prevention and fighting of provinces and cities under central authority within the their scope of functions, duties shall implement this Circular.

2. General Director of the General Department of Administration Police on social order, security, the General Director of Police General Department of Anti-Crime are responsible for training, guiding, inspecting, urging the serious implementation of this Circular.

In the process of implementing this Circular, if any difficulties and problems arise, police units, local police report to the Ministry (the General Department of Administration Police on social order, security, the Police General Department of Anti-Crime) for timely guidance./.