Answer
According to lawyer Nguyen Van Tuan (Director of TGS Law Firm, Hanoi Bar Association), the coordination mechanism between police forces Communes/wards with road traffic police participating in patrolling, controlling traffic order and safety are specified in Article 8 of Decree 27/2010/ND-CP of the Government.
Accordingly, Commune police patrolling and controlling with traffic police must implement the plan approved by competent authorities and be subject to inspection and supervision by traffic police. If administrative violations are detected in the field of traffic, the road traffic police will sanction administrative violations according to their authority.
In case there is no traffic police, the commune police, when patrolling and controlling, must carry out administrative violations. implemented according to the plan approved by the competent authority and must regularly notify the traffic police force. If administrative violations are detected in the field of road traffic, the ward police can sanction acts within their sanctioning authority. If the violation exceeds the sanctioning authority, an administrative violation record must be made and reported to the competent authority for settlement.
According to Article 7 of Circular 47/2011/TT-BCA of the Ministry of Public Works When coordinating to participate in patrol and control, the commune police force has the right to arrange forces to participate in patrol and control according to plans and statistics and reports of law violations and accidents. road traffic; results of patrolling, controlling and handling administrative violations as assigned. In case there is no accompanying traffic police, the commune police force will carry out patrols and control according to the plan approved by the competent authority.
Regarding the scope of activities, Clause 4 of this Article It is stipulated that commune police can only patrol and control on inter-commune and inter-village roads within the management area and are strictly prohibited from stopping and controlling on national and provincial highways.
Violations under the jurisdiction of commune-level police include: Driving motorbikes without helmets, carrying more than the prescribed number of people, carrying bulky goods; Parking on the road against regulations; driving a vehicle at high speed, swerving, swerving, removing the exhaust pipe, without a rearview mirror; not old enough to drive a vehicle; holding a market on the road and encroaching on traffic safety corridors.
From the above regulations, it can be seen that the commune/ward police do not have the authority to handle alcohol concentration violations. However, if there is a plan approved by superiors, they still have the right to patrol, control, make administrative violation records for alcohol violators, then report and transfer documents to superiors for resolution. Decide according to authority.
Hoang Dieu
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