Lawyer Hà Hải, member of the Việt Nam Bar Federation’s Standing Committee. — VNA/VNS Photos

The Ministry of Public Security’s Circular 46/2024/TT-BCA will take effect today (November 15), stipulating that public recording of traffic police operations is no longer allowed. Tin tức (News) newspaper spoke to Hà Hải, lawyer and member of the Việt Nam Bar Federation’s Standing Committee on this change. 

Circular 46/2024/TT-BCA of the Ministry of Public Security officially comes into force on November 15. What are the changes from the current regulations that the public should be aware of?

In Circular 46, there are two notable changes that the public, particularly those who drive, should pay attention to.

The first is the regulation on audio and video recording. According to Circular 46, citizens are strictly prohibited from audio or video recording while traffic police officers are carrying out their duties.

The second change is that Circular 46 also removes the requirement for traffic police to have a comprehensive plan for inspecting vehicles, patrolling, monitoring and handling violations according to specific scopes when setting up checkpoints, as was previously mandated under Circular 67/2019/TT-BCA.

We believe that the public should have an accurate understanding of these two particular changes. Previously, when traffic police set up checkpoints, members of the public could request relevant documents and specific scopes. The removal of these requirements aims to streamline complex administrative procedures, enabling the traffic police to perform their duties more efficiently. 

This should not come as a surprise as these are internal regulations of the security sector. What is important is that traffic police should work openly, transparently, objectively and in alignment with their duties; in such cases, the public should be supportive.

Traffic police pull over a motorbike driver in Đắk Lắk Province.

How should we understand citizen rights and obligations regarding monitoring traffic police through audio and video recording to ensure legal compliance?

The new Circular prohibits audio and video recording in certain situations. However, it is important to understand that this still adheres to legal regulations. 

Citizens have civil liberties and the right to monitor the activities of authorities, including traffic police performing their duties. However, some individuals, due to a lack of legal knowledge or intentional misconduct, may disrupt the regular operations of authorities, particularly traffic police officers.

Using social media to boost viewership while infringing on the legitimate interests of others may result in administrative penalties or, depending on the severity of the violation, criminal charges with a penalty of three to five years of imprisonment. 

If a driver is stopped by traffic police and is about to be issued a fine, and they are confident that they have committed no violation, they have the right to record audio or video to protect their lawful rights. 

However, before doing so, they must inform the police officer. For people not directly involved in the case, such as a motorbike taxi driver or a YouTuber nearby, approaching and recording without permission for social media is prohibited under the new regulation. Authorities have the right to intervene if there are signs that such recording disrupts public order or obstructs law enforcement.

For those directly involved in such cases, their recordings should be used appropriately and in accordance with regulations. In many cases, out of frustration, people upload these footages to social media, resulting in misleading comments or public incitement, which constitutes an offence. 

Legally, citizens may use audio or video recordings as evidence to protect their legitimate rights when filing complaints or lawsuits, but they must submit it to appropriate authorities. This approach is proper and protected by law.

What is your opinion on people sharing images, audio and video recordings of traffic police on duty on social media?

Social media is evolving rapidly and has a profound influence on social life. While there are positive benefits, its negative impacts are also significant. Many people have taken advantage of social media to spread false information and inappropriate images that violate local norms. 

From a legal perspective, we believe that current regulations remain insufficient to fully address this issue, as it is a new phenomenon requiring more specific measures so that authorities can effectively intervene, handle or deter.

Violations in the cyber sphere are becoming increasingly varied and complex, while the law currently addresses only certain behaviours. This creates challenges for law enforcers in handling offences. 

Therefore, raising legal awareness is crucial to help social media users understand their rights and the limits they must comply with for the interest of public order, national security and more.

In addition, the National Assembly and the Government should also consider researching, enacting and amending legal regulations to better fit current contexts to provide law enforcers with the necessary instruments to effectively handle violations. — VNS