The Ministry of Public Security is drafting a Circular regulating the process of management and use of professional technical equipment and means in the People's Public Security and data collected from technical equipment and means provided by individuals and organizations to detect administrative violations of traffic order and safety, environmental protection, fire prevention and fighting, rescue, drug prevention and control, and prevention and control of harmful effects of alcohol and beer.
The Ministry of Public Security said that Circular No. 40/2015/TT-BCA dated August 24, 2015 of the Minister of Public Security regulating the use of professional technical equipment and means in the People's Public Security to detect administrative violations of traffic order and safety and environmental protection, effective from October 15, 2015, is an important legal basis for the People's Public Security force to use professional technical equipment and means to detect and handle administrative violations in the work of ensuring traffic order and safety and environmental protection, contributing to curbing and reducing traffic accidents and traffic congestion.
However, up to now, many legal documents serving as the legal basis for promulgating Circular No. 40/2015/TT-BCA have changed.
After 8 years of implementation, Circular No. 40/2015/TT-BCA has many contents that are no longer suitable to the actual situation, giving rise to many new problems, such as: Some new technical means and equipment have been provided to detect administrative violations but have not been regulated for inspection and calibration in the People's Public Security force; The number of cases of detecting administrative violations using technical means and equipment is increasing but there are no specific instructions on the management and use of technical means and equipment in the People's Public Security force.
Therefore, the issuance of a Circular by the Minister of Public Security to replace Circular No. 40/2015/TT-BCA is necessary.
The Draft Circular stipulates the following basic contents:
- Authority, content and training records on the use and maintenance of technical means and equipment to detect administrative violations of traffic order and safety, environmental protection, fire prevention, fire fighting and rescue, drug prevention and control and prevention of harmful effects of alcohol and beer.
- Unit managing and using technical equipment and vehicles.
- Procedures for using technical equipment and using data obtained from technical equipment and using technical equipment.
- Collect and use data obtained from means and technical equipment provided by individuals and organizations to detect administrative violations.
- Renting technical equipment and vehicles.
- Inspection, calibration and list of technical equipment and means that must be inspected, calibrated or must ensure quality, standards and technical regulations according to the provisions of law on quality, goods and products and technical standards and regulations before being used.
Management and use of professional technical equipment and vehicles
The draft stipulates that the units managing and using professional technical equipment and vehicles include the Traffic Police Department; the Environmental Crime Prevention and Control Police Department; the Fire Prevention, Fire Fighting and Rescue Police Department; the Drug Crime Investigation Police Department; the Mobile Police Command; the Social Order Administrative Management Police Department; the Immigration Management Department; the Social Order Crime Investigation Police Department; the Corruption, Economic and Smuggling Crime Investigation Police Department; the Inspectorate of the Ministry of Public Security; the Public Security of provinces and centrally-run cities.
Chief of District, Town, City Police, City of Province, City of Central City (hereinafter referred to as Chief of District Police); Head of Professional Department or equivalent of Traffic Police Department, Department of Administrative Management of Social Order Police, Department of Fire Prevention, Fighting and Rescue Police; Head of Professional Departments of Provincial and Central City Police (hereinafter referred to as Provincial Police) including: Traffic Police, Police for Investigation of Drug-related Crimes, Police for Investigation of Social Order Crimes, Police for Investigation of Corruption, Economic Crimes, Smuggling, Police for Administrative Management of Social Order, Police for Prevention and Combat of Environmental Crimes, Police for Prevention, Fighting and Rescue, Immigration Management, Mobile Police; Chief Inspector of Provincial Police; Commander of Mobile Police Regiment.
There are also Professional Teams; Police Stations; Commune Police, Ward Police, Town Police (hereinafter referred to as Commune-level Police).
Regarding the process of using professional technical equipment and means, the agency or unit assigned to manage and use professional technical equipment and means used to detect administrative violations (hereinafter referred to as professional technical equipment and means) shall comply with the provisions of the Law on Handling of Administrative Violations (amended and supplemented in 2020), Decree No. 135/2021/ND-CP and regulations of the Ministry of Public Security on management and use of assets, means and professional techniques in the People's Public Security.
Professional technical equipment and devices equipped to detect administrative violations and accompanying equipment, before being put into use and during use, if there is damage or an incident that makes it unusable, must be registered and reported to the Ministry of Public Security (through the professional departments according to the force system) for monitoring. The professional department under the provincial police collects reports according to the force system of the local police.
Technical equipment and means may only be installed and used when there is an approved decision or plan by a competent person as prescribed in Article 12 of Decree No. 135/2021/ND-CP.
Based on the approved plan, the unit managing and using technical equipment and means shall make a monthly plan on the use of technical equipment and means and submit it to the competent authority for approval. In case of emergency use, the unit managing and using technical equipment and means shall comply with the decision of the competent authority.
Based on the approved monthly plan for using professional technical equipment and vehicles, the unit managing the use of professional technical equipment and vehicles shall establish and implement a plan for using them by week and work shift.
Procedures, operations, and maintenance of technical equipment and vehicles are carried out according to the manufacturer's instructions and standards (if any).
Technical equipment and means (including data collected by technical equipment and means) must be delivered and received according to the work plan; the delivery and receipt must be recorded in the technical equipment and means delivery and receipt book.
In particular, it is not allowed to arbitrarily delete or change data in professional technical equipment and devices. In case the internal memory or external memory card of the professional technical equipment and devices is full and cannot store any more data, the user of the professional technical equipment and devices must report to the person with authority to approve the plan for using the professional technical equipment and devices, and transfer the data to the professional computer for storage according to regulations. After storing the data in the computer, it is allowed to delete the data in the professional technical equipment and devices, and the external memory card; the deletion of data must be recorded in a record.
Before sending technical equipment and vehicles for inspection, calibration, repair or showing signs of damage or problems (including external memory cards), data must be immediately stored on the professional computer; a record of the storage must be made.
Police units and localities assigned to manage and use professional technical equipment and means, in addition to implementing the provisions of this Circular, must also comply with the regulations on management and use of professional technical equipment and means, and data collected from professional technical equipment and means in the working processes of the force system.
The process of collecting and using data obtained from means and technical equipment provided by individuals and organizations to detect administrative violations shall comply with the provisions of Chapter III of Decree No. 135/2021/ND-CP and the following provisions:
The police of the above-mentioned units and localities are responsible for receiving and collecting data reflecting administrative violations in the assigned management areas and implementing them in accordance with the provisions of Article 18 of Decree No. 135/2021/ND-CP.
Statistics, monitoring and data processing are performed in an electronic environment when infrastructure, technology and information technology conditions are met.
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