It is prohibited to arbitrarily delete data from administrative violation detection devices.

The Ministry of Public Security is drafting a Circular stipulating the procedures for managing and using technical equipment and devices within the People's Police and data obtained from such equipment and devices provided by individuals and organizations to detect administrative violations related to traffic order and safety, environmental protection, fire prevention and fighting, rescue and relief, drug prevention and control, and prevention and control of the harmful effects of alcohol and beer.

The Ministry of Public Security stated that Circular No. 40/2015/TT-BCA dated August 24, 2015, issued by the Minister of Public Security, regulating the use of technical equipment and devices in the People's Police to detect administrative violations related to traffic order, safety, and environmental protection, which came into effect on October 15, 2015, is an important legal basis for the People's Police force to use technical equipment and devices to detect and handle administrative violations in ensuring traffic order, safety, and environmental protection, contributing to curbing and reducing traffic accidents and congestion.

However, many of the legal documents that served as the legal basis for issuing Circular No. 40/2015/TT-BCA have changed since then.

After 8 years of implementation, Circular No. 40/2015/TT-BCA contains many provisions that are no longer relevant to the current situation, giving rise to many new issues, such as: Some new technical equipment and devices for detecting administrative violations have been provided but have not yet been subject to inspection and calibration regulations within the People's Police force; the number of cases of detecting administrative violations using technical equipment and devices is increasing, but there are no specific guidelines on the management and use of such equipment within the People's Police 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:

- The authority, content, and training records for the use and maintenance of technical equipment and devices for detecting administrative violations related to traffic order and safety, environmental protection, fire prevention and fighting, rescue and relief, drug prevention and control, and prevention and control of the harmful effects of alcohol and beer.

- The unit responsible for managing and using technical equipment and devices for professional operations.

- Procedures for using professional technical equipment and devices, and for utilizing data obtained from such equipment and devices.

- Collect and utilize data obtained from technical devices and equipment provided by individuals and organizations to detect administrative violations.

- Renting vehicles and technical equipment for professional work.

- Inspection, calibration, and a list of technical equipment and devices that must be inspected, calibrated, or must meet quality, standards, and technical regulations as prescribed by law on product quality and technical standards and regulations before being used.

Managing and utilizing professional technical equipment and devices.

The draft regulations stipulate that the units responsible for managing and using technical equipment and devices include: the Traffic Police Department; the Environmental Crime Prevention and Control Police Department; the Fire Prevention, Firefighting and Rescue Police Department; the Drug Crime Investigation Police Department; the Mobile Police Command; the Administrative Police Department for Social Order; the Immigration 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; and the Public Security Departments of provinces and centrally-administered cities.

Heads of District, County, Town, and City Police Departments (hereinafter referred to as District-level Police Heads); Heads of professional departments or equivalents under the Traffic Police Department, the Administrative Police Department for Social Order, and the Fire Prevention, Firefighting, and Rescue Police Department; Heads of professional departments under the Provincial and City Police Departments (hereinafter referred to as Provincial-level Police) including: Traffic Police, Drug Crime Investigation Police, Social Order Crime Investigation Police, Corruption, Economic, and Smuggling Crime Investigation Police, Administrative Police for Social Order, Environmental Crime Prevention and Control Police, Fire Prevention, Firefighting, and Rescue Police, Immigration Management, and Mobile Police; Chief Inspector of the Provincial Police; Commander of the Mobile Police Regiment.

In addition, there are operational teams; police stations and posts; commune police, ward police, and town police (hereinafter referred to as commune-level police).

Regarding the procedures for using professional technical equipment and devices, the agencies and units assigned to manage and use these equipment and devices for detecting administrative violations (hereinafter referred to as professional technical equipment and devices) shall comply with the provisions of the Law on Handling Administrative Violations (amended and supplemented in 2020), Decree No. 135/2021/ND-CP, and the regulations of the Ministry of Public Security on the management and use of assets, equipment, and professional techniques in the People's Public Security.

Technical equipment and devices used for detecting administrative violations, along with accompanying equipment, must be registered and reported to the Ministry of Public Security (via the relevant operational departments according to the force system) for monitoring before and during use. The operational department of the provincial police will compile and report these reports according to the local police force system.

Technical equipment and devices for professional use may only be installed and used when there is an approved decision or plan from the competent authority as stipulated in Article 12 of Decree No. 135/2021/ND-CP.

Based on the approved plan, the unit managing and using technical equipment and facilities shall prepare a monthly plan for the use of such equipment and facilities and submit it to the competent authority for approval. In case of unscheduled use, the unit managing and using the technical equipment and facilities shall act according to the decision of the competent authority.

Based on the approved monthly plan for the use of technical equipment and vehicles, the unit managing the use of technical equipment and vehicles shall develop and implement a weekly and shift-based usage plan.

The procedures for using and maintaining professional technical equipment and devices shall be carried out in accordance with the manufacturer's instructions and applicable standards (if any).

Technical equipment and devices (including data collected using such equipment and devices) must be delivered and received according to the work plan; the delivery and receipt must be recorded in the logbook for the delivery and receipt of technical equipment and devices.

Specifically, it is prohibited to arbitrarily delete or alter data in professional technical equipment and devices. If the internal memory or external memory card of the professional technical equipment and devices is full and cannot store any more data, the user must report to the authorized person who approved the plan for using the equipment and devices, and proceed to transfer the data to the professional computer for storage as prescribed. Only after the data has been stored in the computer may data be deleted from the professional technical equipment and devices or external memory card; the deletion process must be documented in a written record.

Before any technical equipment or devices are sent for inspection, calibration, repair, or show signs of damage or malfunction (including external memory cards), data must be immediately backed up to the professional computer; a record must be made of the backup process.

Police units and local authorities assigned to manage and use technical equipment and devices, in addition to complying with the regulations in this Circular, must also comply with regulations on the management and use of technical equipment and devices, and data collected from technical equipment and devices in the work processes of the force.

Regarding the process of collecting and using data obtained from technical means and equipment provided by individuals and organizations to detect administrative violations, the regulations in Chapter III of Decree No. 135/2021/ND-CP and the following provisions shall apply:

The police forces of the units and localities specified above are responsible for receiving and collecting data reflecting administrative violations within their assigned areas of management and implementing the provisions of Article 18 of Decree No. 135/2021/ND-CP.

Data collection, monitoring, and processing are carried out electronically when the necessary infrastructure, technical capabilities, and information technology are available.

Tue Minh

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