Traffic police can commandeer assets of organizations and individuals, including vehicles and communication devices, under Circular 1/2016 of the Ministry of Public Security. However, shortly after the regulation came out, it sparked a controversy over its legality and feasibility.

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The new circular took effect on Monday, replacing Circular 65 dated October 30, 2012. It is aimed at facilitating the traffic police’s accomplishment of assignments and clampdown on violations of traffic rules. An official of the ministry’s traffic police department says the circular gives the traffic police no extra authority but supplements Circular 65 to make it easier for the police’s patrols and handling of violations.

But the public has pointed out a couple of points which run counter to the law on commandeering of assets. The law specifies the ministers of defense, public security, industry-trade, transport, agriculture and health, and provincial chairmen can issue decisions commandeering assets of individuals and organizations. And they cannot authorize others to make such asset commandeering decisions. Under the law, vehicles and equipment of organizations and individuals can only be commandeered in defense and security emergencies in which other mobilization measures do not work.

Regarding the commandeering of personal communication devices, Nguyen Manh Tuan, a resident in Hanoi, expresses concern on the local news site VnExpress that he might have his personal data compromised and his business operations might be affected if his phone was commandeered. The regulation should be made clear in terms of compensation and responsibility of those issuing commandeering decisions, Tuan adds.

Nguyen Quang Tuyen, former vice chief prosecutor of Ha Tinh Province, has a similar view, saying commandeering communication devices like mobile phones of people is an act of violating the privacy of individuals. “I think the regulation should be amended,” Tuyen told VnExpress.

Lawyer Do Phap from Danang City asks how the police would deal with a situation in which people fail to prove their ownership of the items commandeered.

Tuoi Tre quotes a senior prosecutor in HCMC as saying Circular 1 should be made as specific as possible about the cases in which assets can be commandeered to prevent abuse.

Given the growing public concerns over the new circular, the traffic police department of the Ministry of Public Security has recently sent a document to the police chiefs of provinces and cities giving explanations about the circular.

The commandeering of vehicles, according to the department, must be done in line with the 2008 law on commandeering of assets and can only be executed when the Minister of Public Security gives approval. Nguyen Huu Danh, deputy head of the traffic police department, describes cases like serious traffic accidents, fires, explosions or criminal manhunts as emergencies in which private assets can be commandeered by the traffic police.

In addition, Ta Thi Hong Minh from the department tells Tuoi Tre the authority of the traffic police provided in Circular 1 is based on the law on people’s police and the Government’s Decree 106 issued in 2014. The law on people’s police allows the police to mobilize or commandeer means of communication or transport and other devices of drivers in case of emergency to protect national defense and ensure public security or to prevent further damage for society or prevent possible damage from happening.

In the document sent to local authorities, the department once again says the circular does not go against the law but reiterates the authority of the police already provided in the law on people’s police and other legal documents. It adds organizations and individuals must coordinate with the police to help them fulfill their duties. 

Despite such an explanation, the Ministry of Public Security should reconsider the circular and make it more transparent. As the regulation directly affects the rights and interests of the people, it should have been given a second thought in order to get it right.

“I think the circular drafting unit should listen to the public,” Lawyer Do Phap tells VnExpress early this month before the circular comes into force.