Who has the right to stop and fine traffic violations?

July 2, 2015 10:06

Laws, decrees and circulars stipulate that there are 3 subjects authorized to stop vehicles and handle violations in the field of road traffic.

Recently, on the internet, there have been video clips of militia and police stopping people’s vehicles for violations to handle. Many people are wondering whether these people have performed their duties and responsibilities properly.

Các văn bản Luật, nghị định và thông tư qui định có 3 đối tượng được quyền dừng xe và xử phạt vi phạm trong lĩnh vực giao thông đường bộ.

According to Clause 1 and Clause 3, Article 87 of the 2008 Law on Road Traffic, it is stipulated that: “Road traffic police conduct patrols and controls to control people and vehicles participating in road traffic; handle violations of road traffic laws by people and vehicles participating in road traffic and are responsible before the law for their decisions; coordinate with road management agencies to detect and prevent violations of regulations on protection of road works and road safety corridors.

The Government regulates the mobilization of other police forces and commune police to coordinate with road traffic police to participate in patrolling and controlling road traffic order and safety when necessary.”

According to Point b Clause 2 Article 9 Decree 27/2010/ND-CP stipulates: "Duties of other Police forces and Commune Police: To handle administrative violations according to authority when patrolling and controlling order and road traffic safety without the accompanying Road Traffic Police".

According to Article 14 of Circular 02/2014/TT-BGTVT, “When detecting an ongoing violation, the person with the authority to draw up a record and impose administrative sanctions must take measures to immediately stop the violation. Forcing the stop of an administrative violation is done by words, whistles, commands, documents or other forms as prescribed by law.”

Thus, other than the above 3 subjects, other forces do not have the right to stop vehicles and punish violations in the field of road traffic.

According to VOV.VN

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Who has the right to stop and fine traffic violations?
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