Nghị định 34/2010/NĐ-CP xử phạt vi phạm hành chính trong lĩnh vực giao thông đường bộ

DECREE

SANCTION OF ADMINISTRATIVE VIOLATIONS IN THE FIELD OF ROAD TRANSPORT

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on the Organization of Government;
Pursuant to the Law on Road Transport dated November 13, 2008;
Pursuant to the Ordinance on Sanction of Administrative violations dated July 02, 2002 and the Ordinance Amending, Supplementing a Number of Articles of the Ordinance on Sanction of Administrative violations dated April 02,2008 (thereinafter collectively called as the Ordinance on Sanction of Administrative violations);
At the proposal of the Minister of Transport,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of governing

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2. Administrative violations in the field of road transport is the acts of individuals and organizations that violate the provisions of law in the field of road transport intentionally or unintentionally that are not crime and according to law regulations, they must be sanctioned for administrative violations, including:

a) The violations of rules of road transport;

b) The violations of regulations on the infrastructure of road transport;

c) The violations of regulations on vehicles participating in road transport;

d) The violations of the provisions on drivers who participate in road transport;

đ) The violations of regulations transportation on road transport;

e) The other violations related to road transport.

Article 2. Subjects of application

1. Individuals and organizations committing administrative violations in road transport in the territory of the Socialist Republic of Vietnam shall be sanctioned under the provisions of this Decree.

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Article 3. Interpretation of terms

In this Decree, the following terms are construed as follows:

1. Tractor is the vehicle including the first part of self-moving machine, driven by shaft or steering wtheel and pulled trailers (removable with tractor).

2. The vehicles similar to automobile are the types of road transport vehicles runned by engines from two or more axles, with the engine and container mounted on the same chassis.

3. The vehicles similar to mortobike are the types of road transport vehicles runned by engines, two or three wheels, with working volume of 50 cm3 or more, and maximum design speed greater than 50 km/h, maximum volume itself is 400 kg.

4. Electric scooter is automobile vehicle with two wheels moved by electric engine, with a maximum design speed greater than 50 km/h.

5. Electric bicycle is two-wheel rudimentary vehicle mounted engine, with a maximum design speed smaller than or equal to 30 km/h and when the engine is turned off, such bicycle may be ridden (including electric scooter).

6. The vehicles similar to motorbike are the types of road transport vehicles runned by engine, with two or three wheels and maximum design speed less than or equal to 50 km/h, unless the vehicles specified in clause 5 of this Article.

7. The time to use lights at night is the period of time from 18:00 pm of the previous day to 6:00 am of the next day.

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1. Principles of handling administrative violations in the field of road transport shall comply with the provisions in Article 3 of the Ordinance on Handling of Administrative Violations and Decree No.128/2008/ND-CP of December 16, 2008 of the Government detailing the implementation of a number of Articles of the 2002 Ordinance on Handling of administrative Violations and Ordinance amending and supplementing a number of Articles of the 2008 Ordinance on Handling of administrative Violations (thereinafter referred to as Decree 128/2008/ND-CP).

2. The handling of administrative violations in the field of road transport must be implemented by the competent persons as prescribed in Article 47, 48, 49 and Article 50 of this Decree.

3. The extenuating, aggravating circumstances are made under the provisions in Article 8, Article 9 of the Ordinance on Handling of Administrative Violations.

Article 5. Form of handling of administrative violations and remedies

1. For each administrative violation in the field of road transport specified in this Decree, the violating individuals and organizations must suffer one of the following forms of administrative sanctions:

a) Warning;

b) Fine.

When imposing a fine, the specific fine level for an administrative violation is the average fine level of the fine bracket prescribed for such act; if the violation has extenuating circumstances, the fine level may be reduced lower than the average one but not lower than the minimum level of the fine bracket; if the violation has aggravating circumstances, the fine level can be increased higher than the average one but not exceeding the maximum level of the fine bracket.

2. Depending on the nature and seriousness of violations, individuals and organizations committing administrative violations may also be subject to one of the following forms of additional sanctions:

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b) Confiscating material evidences and means used for administrative violations.

3. Apart from the form of administrative sanctions, additional sanctions specified in clause 1, clause 2 of this Article, individuals and organizations committing administrative violations in the field of road transport may also be applied to one or more remedies as follows:

a) Forced to restore the original state changed by the administrative violations or forced to dismantle the illegally constructed work;

b) Forced to perform measures to overcome the status of environmental pollution caused by administrative violations;

c) Forced to bring out the territory of Vietnam or re-export the facilities;

d) Other measures prescribed in Chapter II of this Decree.

Article 6. Stripping of the right to use driving license, certificate of fostering legal knowledge on road transport with term or timeless

1. Stripping the right to use driving license or certificate of fostering legal knowledge on road transport with term or timeless is applied to the persons who operate motor vehicles, specialized motorcycles participating in traffic and serious violating the provisions of the Law on Road Transport. During the period of being stripped the right to use driving license or certificate of fostering legal knowledge on road transport, the violators are not allowed to drive types of vehicles (permitted to drive) recorded in the driving license.

2. The drivers who are subject to the form of stripping the right to use driving licenses, certificate of fostering legal knowledge on road transport with a term of 60 (sixty) days must study and are re-examined the Law on Road Trasport prior to be received the driving licenses, certificate of fostering legal knowledge on road transport.

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4. Ministry of Public Security presides over and coordinates with the Ministry of Transport to guide, organize for the study and reexamine the Road Transport Law for those who suffer from stripping of the right to use driving licenses, certificate of fostering legal knowledge on road transport with a term specified in clause 2 of this Article.

Article 7. Prescription of handling of administrative violations and time limit considered as not yet sanctioned administrative violations

1. The prescription for sanctioning of administrative violations in the field of road trasport is one year from the date of the administrative violation; for the administrative violations in the field of road trasport related to construction, environment, house, land, the prescription shall be two years; if the time limit mentioned above exceeds, the sanction shall not be conducted but the administrative violation is still subject to the remedies as specified in clause 3 Article 12 of the Ordinance on Handling of Administrative Violations.

2. If individual had sued, prosecuted or had decided to put on trial upon criminal proceedings, but then had the decision to suspend investigation of the case that the violation had mark of administrative violation in the field of road trasport shall be sanctioned administratively; in this case, the prescription for sanctioning administrative violations is three months from the date the person with sanctioning competence receives the decision to suspend and dossiers of the violation.

3. Within the time limit provided in clause 1 and clause 2 of this Article but individuals, organizations commit new administrative violation in the field of road trasport or intentionally evade, obstruct the sanction, the rescription prescribed in clause 1 and clause 2 of this Article shall not be applied. The prescription of administrative violation shall be recalculated since the time that the new administrative violation is conducted or the time that the evasion, obstruction of sanction is ended.

4. Individuals and organizations sanctioned for administrative violations in the field of road trasport, if a year from the date of completely serving the sanctioning decisions passed or after the expiration date of the prescription for sanction enforcement without recidivism is considered as not yet sanctioned for administrative violations in the field of road trasport.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATIONS, FORMS AND LEVELS OF SANCTION

Item 1. VIOLATION OF RULES OF ROAD TRANSPORT

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1. A fine of between VND 100,000 and 200,000 shall be imposed for one of the following violations:

a) Failing to obey command and instructions of the signal, painted lines, except for violations specified in point a, point c, point g, point h, point i, point k clause 2; point a, point đ, point e clause 3; point a, point b, point c, point d, point đ, point i clause 4; point a clause 5; point a clause 6 of this Article;

b) Shifting direction without giving up the right to go ahead to: pedestrians, wheelchairs of disabled people crossing road at the place where the painted line has for pedestrians and rudimentary vehicles traveling on the roadway for rudimentary vehicles;

c) Shifting direction without giving up the right to go ahead to: vehicles in the opposite direction; pedestrians, wheelchairs of disabled people crossing road at the place where there is no painted lines for pedestrians;

d) When stopping or parking without signaling to the drivers of other means;

đ) Stopping or parking on the roadway at outside the urban where having the wide pavement; stopping or parking not close to the right edge of the street upon the running way at the place where the street has narrow pavement or no pavement; parking on a slope without blocking wheels and letting the vehicle’s door open not ensuring safety;

e) Stopping not close to the side-walk, pavement, on the right way upon the running way or the nearest wheel away from the side-walk, pavement over 0.25 meters; stopping on the rail way, dedicated bus line; stopping on sewer’s cover, the tunnel’s cover of lines of telephone, high voltage, space for fire trucks to get water; leaving the driving position, turning off when stopping; stopping, parking not in compliance with location specified in the place having the stopping or parking place; stopping or parking on the street part for pedestrians to cross;

g) When parking occupying a street part without locating dangerous signboard at the front and rear of vehicle as required, except for parking at the location specified permitted parking;

h) Failing to attach signboard in front of the trailers, behind the towed vehicles; failing to connect firmly, securely between tractor and towed vehicles while pulling together; and vehicles pulling trailers have not got signboard in accordance with provisions;

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k) Failing to comply with the regulations on giving up the road at the intersections, except for violations specified in point d, point đ, clause 2 of this Article;

l) Pressing horn or making noise, loud noise affecting the quiet in urban and densely populated areas in the period from 22 hours of the previous day to 5 am of the next day, other than the on duty prioritized vehicles as prescribed;

m) Drivers, those who sit in the front seats of the cars equipped with seat belts without belting when the car is running;

n) Transporting people sitting in the front seats of the cars equipped with seat belts without belting when the car is running.

2. A fine of between VND 300,000 and 500,000 shall be imposed for drivers who commit one of the following violations:

a) Shifting lanes not in compliance with the allowed place or having no signals, except for the violations specified in point i clause 4 of this Article;

b) Driving with a low speed without going on the right side of the roadway;

c) Driving vehicles in excess of speed specified from 05 km/h to less than 10 km/h;

d) Failing to slow down and give way when driving from the branch roads to the main roads;

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e) On duty prioritized vehicles have no signal of horn, flags, lights in accordance with provisions;

g) Stopping or parking in the locations: the left side of one-way streets; on the road section with many bends or near the top of the slope where visibility is hidden; on the bridges, under the overpasses, along with another vehicle which is stopping or parking; the intersection location of roads or within 05 meters from the edge of the junction; the stopping station of the bus; in front or within 05 meters of the two sides of gates of agencies and organizations’ head offices arranging the way for going out and in of cars; where the road width is just enough for one lane; hiding road signboard;

h) Parking not close to the side-walk, pavement on the right side upon the running way or the nearest wheel away from the side-walk, pavement over 0.25 meters; stopping on the rail way, dedicated bus line; stopping on sewer’s cover, the tunnel’s cover of lines of telephone, high voltage, space for fire trucks to get water; stopping at the place where having the signboard “no parking, no stopping”; parking on the roadway, pavement contrary to law;

i) Turning contrary to the regulations in residential areas;

k) Turning in the lane for pedestrians to cross roads, on bridges, bridge-head, under overpasses, underground, narrow roads, slope road, the road section with many bends where visibility is hidden, where having signboard "no turning”;

l) Backing up in one-way streets, in the non-stopping areas, on the lanes for pedestrians to cross roads, junction location of roads at the same level with railway, location where visibility is hidden; backing up without observation or signals;

m) Pressing horn, reving up consecutively; pressing hooters, using remote lights in urban areas and densely populated areas, except for on-duty priority vehicles in accordance with provisions;

n) Letting people to sit in the driver’s cab in excess of the prescribed number.

3. A fine of between VND 600,000 and 800,000 shall be imposed for drivers who commit one of the following violations:

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b) Driving on the road that their blood or breath has alcohol concentration but not enough violation level provided in point b clause 5, point b clause 6 of this Article;

c) Shifting without reducing speed or turning signals;

d) Turning at the junction location of roads at the same level with railway; failing to comply with the regulations on stopping, parking at the road junction at the same level with railway; stopping or parking within the safe scope of railway;

đ) Overtaking in the case of being banned; overtaking on the right side of other vehicles in the case of not being allowed; having no signal before overtaking;

e) Avoiding vehicles improper provisions; failing to give way to vehicles going the opposite direction as prescribed in place of narrow streets, slope road, location where having the obstacles;

g) Failing to obey the command of the traffic signal lights;

h) Failing to comply with instructions of the traffic controllers when going through ferry, pontoon bridge or place where having traffic jam; failing to obey the commands of the traffic controllers or traffic inspector;

i) Failing to use sufficient lights at night or when having fog, bad weather limited visibility; using remote lights while avoiding each other;

k) Cars without priority right using the signals of horn, flags, lights of the prioritized vehicle;

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m) Transporting people on cars to be pulled except for controllers.

4. A fine of between VND 800,000 and 1,200,000 shall be imposed for drivers who commit one of the following violations:

a) Driving in the road tunnels without using sufficient lights; backing up, turning in he road tunnels; stopping, parking, overtaking in the road tunnels not in compliance with the prescribed place;

b) Driving into the forbidden lines, restricted areas and driving opposite to the way of the one-way streets, except for the on-emergency- duty prioritized vehicles in accordance with provisions;

c) Driving in access of prescribed speed from 10 km/h to 20 km/h;

d) Driving less than the minimum speed on the road sections prescribing the allowed minimum speed;

đ) Stopping, parking, turning contrary to provisions causing traffic jam;

e) Stopping, parking, openning car’s doors not ensuring safety causing accident;

g) Failing to give way or obstructing the prioritized vehicles;

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i) Failing to comply with the regulations when entering or leaving the highway; driving in emergency lane or the curb of the highway; stopping or parking vehicles on the roadway on the highway; turning, backing up on the highway; changing lanes improperly allowed location or without warning signal when running on the highway; failing to comply with the provisions stated in the signboards on the safety distance for vehicles right in front when running on the highway.

5. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for drivers who commit one of the following violations:

a) Driving in access of the prescribed speed more than 20 km/h to 35 km/h;

b) Driving on the road that his/her blood or breath has alcohol concentration exceeding 50 milligrams to 80 miligam/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of gas;

c) Failing to stop, to keep intact place of action when causing traffic accidents; fleeing, failing to report to the competent authority, failing to participate in the first aid for victims;

d) Failing to pay close attention, driving in access of prescribed speed causing traffic accidents; avoiding, overtaking improper provisions causing traffic accidents or failing to keep a secure distance between two vehicles in accordance with provisions causing traffic accident.

6. A fine of between VND 4,000,000 and 6,000,000 shall be imposed for drivers who commit one of the following violations:

a) Driving in access of the prescribed speed more than 35 km/h;

b) Driving on the road that his/her blood or breath has alcohol concentration exceeding 80 miligam/100 milliliters of blood or exceeding 0,4 miligam/1 liter of gas;

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7. A fine of between VND 8,000,000 and 12,000,000 shall be imposed for the act of swinging vehicles; exceeding the prescribed speed; chasing each other on the road.

8. A fine of between VND 15,000,000 and 25,000,000 shall be imposed for the violations prescribed in clause 7 of this Article causing accident or disregarding the command to stop of on duty officers or opposing on duty officers.

9. Apart from fine, violating drivers are also applied the following forms of additional sanctions:

a) Violation of point k clause 3 of this Article shall be confiscated whistles, flags and lamps used in contravention of regulations;

b) Violations of point đ, point h, point k, point l clause 3; point a, point g, point h, point i clause 4; point a, point b clause 5 of this Article shall be stripped the right to use driving license for 30 (thirty) days;

c) Violations of point e clause 4; point c, point d clause 5; point a, point b clause 6; clause 7 of this Article shall be stripped the right to use driving license for 60 (sixty) days. Violation of one of the following points, clauses of this Article which causes accident but not enough seriousness shall be stripped the right to use driving license for 60 (sixty) days: point a, point b, point c, point d, point đ, point e, point g, point h, point k clause 1; point a, point b, point d, point g, point h, point i, point k, point l clause 2; point a, point b, point c, point d, point g, point h, point i, point k, point l clause 3; point a, point b, point h, point i clause 4; point b clause 5;

d) Violations of point c clause 6, clause 8 of this Article or recidivism of clause 7 of this Article shall be stripped the right to use driving license timeless. Violation of one of the following points, clauses of this Article which causes accident from serious level or more shall be stripped the right to use driving license timeless: point a, point b, point c, point d, point đ, point e, point g, point h, point k clause 1; point a, point b, point d, point g, point h, point i, point k, point l clause 2; point a, point b, point c, point d, point g, point h, point i, point k, point l clause 3; point a, point b, point e, point h, point i clause 4; point b, point d clause 5; point b clause 6.

Article 9. Sanction of riders, persons who are sitting on motorcycles, motorbikes (including electric scooter) and types of vehicles similar to motorcycles and motorbikes violating rules of road transport

1. A fine of between VND 40,000 and 60,000 shall be imposed for one of the following violations:

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b) Failing to give signals for overtaking before;

c) Failing to keep a secure distance causing collision with the right-in-front vehicle or failing to keep a distance as prescribed of the sign board "minimum distance between two vehicles”;

d) Shifting without giving way to: pedestrians, wheelchairs of disabled people crossing roads on the painted lines for pedestrians; rudimentary vehicles traveling on the roadway for rudimentary vehicles;

đ) Shifting without giving way to: the vehicles in the opposite direction; pedestrians, wheelchairs of disabled people crossing roads at the place where there is no painted line for pedestrians;

e) Backing up three-wheel vehicles without observation or giving warning signals;

g) Stopping or parking on the roadway of the suburban sections of road where having the pavement;

h) Stopping or parking in urban roadway obstructing traffic; gathering from 3 (three) or more vehicles on the road, on bridges, in the road tunnels;

i) Using remote lights to avoid each others;

k) Vehicles operators using umbrella, cell phones, audio equipment, except for hearing aids device and those who sit in the vehicles using umbrella.

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a) Changing lanes improperly allowed location or without warning signals;

b) Riding not on the right side upon his/her running way, not in compliance with roadway, lane as prescribed or driving on street pavements;

c) Riding abreast from 3 (three) or more vehicles;

d) Parking vehicles in the roadway, street pavements contrary to the provisions of law;

đ) Failing to comply with the regulations on stopping, parking at the road junction at the same level with the railway; stopping or parking vehicles within the safety scope of the railway; stopping or parking at the place where having the signboard of no stopping, no parking, on tram lines, at the buses stations, on the bridges, at the places where the road junction, on the lanes for pedestrians to cross the road;

e) Failing to use lights at night or in fog, bad weather limited visibility;

g) Failing to give way to overtaking vehicles when having sufficient conditions of safety; failing to give way to vehicles on the priority road, main road from any direction at the road junction;

h) Avoiding vehicles improper provisions; failing to give way to vehicles going the opposite direction as prescribed at the place of narrow streets, slope streets, at the place where having the obstacles;

i) Pressing horn in a period of from 22 hours of the previous day to 5 am of the next day, using remote lights in urban areas, densely populated areas, except for prioritized vehicles which are on duty in accordance with provisions;

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l) Turning at the location being banned.

3. A fine of between VND 100,000 and 200,000 shall be imposed for one of the following violations:

a) Failling to obey the command of the traffic signal lights;

b) Failling to slow down or give way to when driving from the road branches to the main one;

c) Riding in access of the prescribed speed from 05 km/h to less than 10 km/h;

d) Riding at a low speed without going on the right side of the roadway obstructing traffic;

đ) Riding into the forbidden lines, restricted areas; going opposite direction of the one-way streets, except for the vehicles which are working emergency duty in accordance with provisions;

e) Pressing horn, reving up consecutively in urban areas and densely populated areas, except for on-duty priority vehicles in accordance with provisions;

g) Vehicles having no priority right but using the signal of horn, flags, lights of the priority vehicles;

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i) The riders, those who sit in the vehicles without helmet or with helmet but not fastening straps in accordance with standard when participating in traffic on the road;

k) Carrying those who are sitting on vehicles without helmets or with helmets but not fastening straps in accordance with standard, except for emergency transport of patients, children under 06 years old, escorting those who violate the law;

l) Carrying two (two) people on the vehicles, except for emergency transport of patients, children under 14 years old, escorting those who violate the law.

4. A fine of between VND 200,000 and 400,000 shall be imposed for drivers who commit one of the following violations:

a) Shifting without reducing speed or without signals of turning derection;

b) Carrying from 3 (three) people or more on vehicle;

c) Riding in access of the prescribed speed from 10 km/h to 20 km/h;

d) Riding below minimum speed on the road specified the allowed minimum speed;

đ) Riding as group obstructing the traffic;

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g) Failing to comply with instructions of the traffic operators when going on ferry, pontoon bridge or place of traffic congestion; failing to obey the commands of the traffic operators or traffic controllers; failing to give way or obstructing prioritized vehicles;

h) Overtaking on the right side in cases of not being allowed;

i) Riding on the road that his/her blood or breath has alcohol concentration exceeding 50 milligrams to 80 miligam/100 milliliters of blood or exceeding 0.25 milligrams to 0.4 milligrams/1 liter of gas.

5. A fine of between VND 500,000 and 1,000,000 shall be imposed for drivers who commit one of the following violations:

a) Riding in access of the prescribed speed more than 20 km/h;

b) Riding on the road that his/her blood or breath has alcohol concentration exceeding 80 miligam/100 milliliters of blood or exceeding 0,4 miligam/1 liter of gas;

c) Overtaking in the case of being banned, except for violations specified in point h clause 4 of this Article;

d) Riding in the road tunnels without using lights; stopping, parking, overtaking in the road tunnel not in compliance with the prescribed places; turning in road tunnels.

6. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for riders who commit one of the following violations:

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b) Riding on the road that having narcotic in the body;

c) Failing to pay close attention, riding vehicles over speed as regulated causing traffic accidents; overtaking or changing lanes improperly as prescribed causing traffic accidents;

d) Causing traffic accidents without stopping, keeping intact the scene, escaping without reporting to the competent authority, participating in the first aid to victims.

7. A fine of between VND 5,000,000 and 7,000,000 shall be imposed for riders who commit one of the following violations:

a) Letting both hands down while riding; using legs to ride; sitting on one side to ride vehicle; lieing down on the saddle while riding; changing rider when the vehicle is running;

b) Riding swinging on the road, outside the urban;

c) Riding one wheel for a two-wheel vehicle, two wheels for tricycles;

d) Riding into groups from 2 (two) or more vehicles running over the prescribed speed.

8. A fine of between VND 10,000,000 and 14,000,000 shall be imposed for the act violating clause 7 of this Article without regarding the command to stop vehicle of on duty officers or opposing on duty officers or causing accident.

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a) Violations of point g clause 3 of this, horns, flags, flights used contrary to provisions shall be confiscated;

b) Violations of point b point g clause 4; point a, point b clause 5 of this Article shall be stripped the right to use riding license for 30 (thirty) days;

c) Violations of point a, point c point d clause 6; clause 7 of this Article shall be stripped the right to use riding license for 60 (sixty) days; recidivism or violating clause 7 of this Article many times shall be stripped the right to use riding license timeless, confiscating vehicle. Violating one of the following points, clauses of this Article which causes accident but not enough seriousness shall be stripped the right to use riding license for 60 (sixty) days: point a, point c, point d, point đ, point e, point g, point i, point k clause 1; point b, point c, point d, point đ point e, point g, point h, point l clause 2; point a, point b, point đ, point g, point h clause 3; point a, point b, point e, point g, point i clause 4; point b, point d clause 5;

d) Violations of point b clause 6, clause 8 of this Article shall be stripped the right to use riding license timeless. Violating one of the following points, clauses of this Article which causes accident from serious level or more shall be stripped the right to use riding license timeless: point a, point c, point d, point đ, point e, point g, point i, point k clause 1; point b, point c, point d, point đ, point e, point g, point h, point l clause 2; point a, point b, point đ, point g, point h clause 3; point a, point b, point e, point g, point i clause 4; point b, point d clause 5; point a, point c clause 6.

Article 10. Sanction of tractors tricers, specialized motorcycles riders violated rules of road transport

1. A fine of between VND 80,000 and 100,000 shall be imposed for one of the following violations:

a) Failing to obey command and instructions of the signboard, painted lines, except for violations specified in point a, point c, point d, point đ, point e clause 2; point a, point b, point c clause 3; point a, point b, point đ clause 4; point a, point b clause 5 of this Article;

b) Shifting without giving way to: pedestrians, wheelchairs of disabled people crossing road at the place where having painted lines for pedestrians; and rudimentary vehicles traveling on the roadway for rudimentary vehicles;

c) Shifting without giving way to: the vehicles in the opposite direction; pedestrians, wheelchairs of disabled people crossing road at the place where there is no painted lines for pedestrians.

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a) Turning at the lane for pedestrians to cross roads, on bridges, bridge-head, under overpasses, underground, narrow roads, slope road, the road section with many bends limited visibility, at the place where having signboard "no turning”;

b) Backing up in one-way streets, areas prohibited to stop, on the lanes for pedestrians to cross roads, at the place where having road junction, where roads intersect at the same level with the railway, where visibility is limited; backing up without observation or warning signals;

c) Avoiding vehicles, overtaking improperly to provisions; failing to give way to vehicles running opposite direction according to provisions at the place where having narrow roads, slope road, where having the obstacles;

d) Stopping or parking on the roadway at suburban road sections where having the width pavement; stopping or parking not close to the edge of the right side according to the running way at the place where the street is narrow or has no pavement; stopping, parking not in compliance with location specified in the road sections having places for stopping or parking; parking on slopes without blocking wheels; parking at the place where having the signboards of “no stopping, no parking”;

đ) Stopping or parking at the locations: the left side of one-way streets; on the bending road sections or near the top of the slope where visibility is limited; on the bridges, under overpasses, along with another vehicle stopping or parking; at the place where the roads intersect within 05 meters from the edge of the junction road; at the bus station; in front of the gate or within 05 meters of the two sides of gate of agencies and organizations’ head offices having arranged the way for vehicles to go out or in; at the place where the road is just enough width for one lane; at the place where road signboard hidden;

e) Stopping or parking in urban roadway contrary to regulations; stopping or parking vehicles on the tram lines, dedicated bus line, the sewer’s cover, the tunnel’s cover of the telephone lines, high voltage, the dedicated places for fire trucks to get water, on the lanes for pedestrians to cross the road; leaving the driving position, turning off when stopping; and letting the vehicle’s door open without ensuring safety;

g) When stopping or parking without signaling to drivers of other means;

h) When parking occupying a part of roadway without putting dangerous signals in the front of and behind the vehicle as stipulated, except for parking at the location specified permitted for parking;

i) Parking vehicles on the pavement contrary to law regulations.

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a) Driving in access of the prescribed speed from 05 km/h to less than 10 km/h;

b) Driving into the forbidden lines, restricted areas; driving opposite direction of the one-way street;

c) Failing to drive on the right side upon the going way; driving wrong roadway or lanes as provided, except for violations prescribed in point đ clause 4 of this Article;

d) Failing to obey command of the traffic signal lights;

đ) Failing to give way to or obstructing the prioritized vehicles;

e) Failing to give way to vehicles on the priority road and the main road from any direction at the junction roads;

g) Failing to use lights at night or in fog, bad weather limited visibility; using remote lights while avoiding each other;

h) Pressing horn, reving up consecutively; pressing hooters, using remote lights in urban areas and densely populated areas, except for priority vehicles which are on duty in accordance with provisions.

4. A fine of between VND 400,000 and 600,000 shall be imposed for one of the following violations:

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b) Driving below minimum speed on the road specified allowed minimum speed;

c) Driving specialized motorcycles with a design speed of less than 70 km/h, the tractor going into the highway, except for vehicles, equipment for management and maintenance of highways;

d) Driving on the road that her/his blood or breath has alcohol concentration but not enough violation level as provided for in point a clause 6, point a clause 7 of this Article;

đ) Failing to comply with the regulations when entering or leaving the highway; driving in emergency lane or the curb of the highway; stopping or parking vehicles on the roadway on the highway; turning, backing up on the highway; changing lanes improperly allowed location or without warning signal when running on the highway; failing to comply with the provisions stated in the signboards on the safety distance for vehicles right in front when running on the highway;

e) Failing to comply with the regulations on stopping, parking at the road junction at the same level with the railway; stopping or parking vehicles within the safety scope of the railway; turning at the road junction at the same level with the railway;

g) Failing to comply with instructions of the traffic operators when going on ferry, pontoon bridge or place of traffic congestion; failing to obey the commands of the traffic operators or traffic controllers.

5. A fine of between VND 800,000 and 1,000,000 shall be imposed for one of the following violations:

a) Driving in access of the prescribed speed more than 20 km/h;

b) Driving in the road tunnels without using lights; stopping or parking in road tunnels not in accordance with prescribed places; backing up, turning in road tunnels;

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6. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the following violations:

a) Driving on the road that his/her blood or breath has alcohol concentration exceeding 50 miligam to 80 miligam/100 milliliters of blood or exceeding 0,25 miligam to 0,4 miligam/1 litter of gas;

b) Causing traffic accidents without stopping, keeping intact the scene, escaping without reporting to the competent authority, participating in the first aid to victims.

7. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following violations:

a) Driving on the road that his/her blood or breath has alcohol concentration exceeding 80 miligam/100 milliliters of blood or exceeding 0,4 miligam/1 litter of gas;

b) Driving on the road that having narcotic in the body.

8. Apart from being fined, violating drivers are also applied the forms of additional sanctions as follows:

a) Violation of point a, point c, point đ, point g clause 4, clause 5, point a clause 6 of this Article shall be stripped the right to use driving license (when operating tractors), certificate of fostering legal knowledge on road transport (when operating specialized motorbikes) for 30 (thirty) days;

b) Violation of clause 1, clause 2, clause 3, clause 4, clause 5, point a clause 6 of this Article or violation of point b clause 6, point a clause 7 of this Article which causes accident but not enough seriousness shall be stripped the right to use driving license (when operating tractors), certificate of fostering legal knowledge on road transport (when operating specialized motorbikes) for 60 (sixty) days;

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Article 11. Sanction of riders, persons who are sitting on the bikes, mopeds, the other rudimentary vehicles riders violating rules of road transport

1. Warning or a fine of between VND 40,000 and 60,000 shall be imposed for one of the following violations:

a) Failing to ride on the right side upon the going way, going not in compliance with the roadway as prescribed;

b) Stopping vehicles suddenly; shifting without giving warning signals;

c) Failing to comply with instructions of the traffic operators when going on ferry, pontoon bridge or when having traffic congestion;

d) Failing to obey command and instructions of the signal lights, signboard, painted lines, except for violations specified in point b clause 2, point e clause 4 of this Article;

đ) Overtaking in case of not being permitted;

e) Stopping or parking on the roadway at the suburban road section with curb;

g) Putting vehicles in the roadway, pavement contrary to the provisions of law;

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i) Bicycles, mopeds running abreast from three or more vehicles, other rudimentary vehicles abreast from two or more vehicles;

k) Operators riding bicycles, mopeds using umbrella, mobile phones; those who sit on bicycles, mopeds using umbrella;

l) Rudimentary vehicles travelling at night without signaling by lights or reflective material.

2. A fine of between VND 60,000 and 80,000 shall be imposed for riders who commit one of the following violations:

a) Parking in urban roadway obstructing traffic, and parking on the tramway, parking on the bridge obstructing traffic;

b) Failing to comply with the regulations on stopping, parking at the place where roads intersect at the same level with the railway;

c) Failing to give way or obstructing for the overtaking vehicles, prioritized vehicles;

d) Using trolley to be mobile stalls on the road, obstructing traffic;

đ) Failing to give way to prioritized vehicles on the priority road and the main road from any direction at the crossroads;

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g) Loading cargoes exceeding the prescribed limits, not ensuring safety, interfering with traffic, visibility of riders hidden.

3. A fine of between VND 80,000 and 100,000 shall be imposed for one of the following violations:

a) Letting both hands down to ride bicycles, mopeds; shifting suddenly in front of a motor vehicle’s head running; using foot to control bicycles, mopeds;

b) Failing to obey the command of traffic operators or traffic controllers;

c) The riders or person sitting on vehicles hanging on to, pulling or pushing other vehicles, other things, leading animals, carrying bulky objects; vehicle operators pull other vehicles, other.

4. A fine of between VND 100,000 and 200,000 shall be imposed for one of the following violations:

a) Riding swinging; chasing each other on the road;

b) Riding by one wheel for bicycles, mopeds; by two wheels for cyclos;

c) Causing traffic accidents without stopping, keeping intact the scene, escaping without reporting to the competent authority, participating in the first aid to victims;

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đ) Carrying those who are sitting on engine bicycles without helmets or with helmets but not fastening straps in accordance with standard, except for emergency transport of patients, children under 06 years old, escorting those who violate the law;

e) Ridinging into the forbidden lines, restricted areas and riding opposite to the way of the one-way streets; riding into the highway, except for vehicles for management, maintenance of the highway.

5. Apart from being fined, riders who commit again or violate many times of point a, point b clause 4 of this Article, are also applied the forms of additional sanctions of confiscating vehicles.

Article 12. Sanction of pedestrians violating rules of road transport

1. Warning or a fine of between VND 40,000 and 60,000 shall be imposed for one of the following violations:

a) Failing to ride on the right lane as prescribed;

b) Failing to obey command and instructions of the signal lights, signboard, painted lines;

c) Failing to obey the commands of the traffic operators or traffic controllers.

2. A fine of between VND 60,000 and 80,000 shall be imposed for one of the following violations:

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b) Crossing median line; crossing road not in compliance with the prescribed place or not ensuring safety;

c) Hang on the vehicle running.

3. A fine of between VND 80,000 and 120,000 shall be imposed for pedestrians who travel in the highspeed highway, except for persons who serve the management, maintenance of the highspeed highway.

Article 13. Sanction of riders, those who lead animals, animal-drawn riders violating rules of road transport

1. Warning or a fine of between VND 40,000 and 60,000 shall be imposed for one of the following violations:

a) Failing to go the right lanes, going in the banned roads, restricted areas, failing to give way under the regulations, failing to signal by hand when changing direction;

b) Failing to obey command and instructions of the signal lights, signboard, painted lines;

c) Having insufficient containers containing animal’s waste or not cleaning up animal’s waste discharged on the street, pavements.

2. A fine of between VND 60,000 and 80,000 shall be imposed for one of the following violations:

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b) Letting animals to go on the road; letting animals to go through the street not ensuring safety;

c) Going abreast from two or more vehicles;

d) Letting animals to pull without controller;

đ) Vehicles without signals as prescribed.

3. A fine of between VND 80,000 and 100,000 shall be imposed for one of the following violations:

a) Failing to obey the commands of the traffic operators or traffic controllers;

b) Making noise or loud noise affecting the quiet at the residential areas in the period of from 22 hours of the previous day to 5 am of the next day;

c) Leading animals following while controlling or sitting on means of road transport.

4. A fine of between VND 100,000 and 120,000 shall be imposed for the act of loading goods on vehicles exceeding the prescribed limit; travelling in the highspeed highway contrary to provisions.

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Article 14. Sanction of other violations on rules of road transport

1. A fine of between VND 100,000 and 200,000 shall be imposed for one of the following violations:

a) Drying paddy, rice, straw, agriculture, forestry products and seafood on the road;

b) Gathering crowed people illegally; lieing, sitting on the road obstructing traffic;

c) Playing football, shuttlecock, badminton or other sports activities on the roads illegally, using slide, skate - roller, the same device on the roadway.

2. A fine of between VND 300,000 and 500,000 shall be imposed for one of the following violations:

a) Gathering into market, buying and selling goods on roads outside urban;

b) Putting objects hiding signboards, traffic signal lights.

3. A fine of between VND 500,000 and 1,000,000 shall be imposed for one of the following violations:

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b) Erecting welcome gates or other barriering things within land reserved for roads affecting order and road traffic safety;

c) Hanging banners, posters illegally within the land reserved for roads affecting order and road traffic safety;

d) Setting, hanging advertisement signboard on land of the road in the road section outside the urban;

đ) Failing to help traffic accident victims as required;

e) Discharging garbage, wastewater into the streets, road tunnels not in compliance with prescribed places, except for violations specified in point b clause 4 of this Article.

4. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the following violations:

a) Building, locating platform on the street illegally; or arbitrarily destroying, dismantled title of sidewalk or repairing, amending pavement illegally;

b) Discharging wastewater from the construction buildings into the streets.

5. A fine of between VND 5,000,000 and 7,000,000 shall be imposed for one of the following violations:

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b) Throwing nails, spraying nails or other sharp objects, pouring lubricants or other slippery substance on the road, wiring or other obstructions objects across the road causing directly danger to people and vehicles participating in traffic.

6. Apart from being fined, violators are also applied the following remedies: violation of point a clause 1; clause 2; point b, point c, point d, point e clause 3; point a clause 4, clause 5 of this Article are also forced to dismantle the illegal works, remove wire, obstructions objects; clean-up materials, garbage, objects occupying the road; pick up nails, sharp objects and restore the original state changed due to administrative violations.

Item 2. VIOLATION OF PROVISIONS ON INFRASTRUCTURE OF ROAD TRNSPORT

Article 15. Sanction of individuals and organizations that violate the use and exploitation within the land reserved for roads

1. A fine of between VND 100,000 and 200,000 shall be imposed for one of the following violations:

a) Using and exploiting temporarily on land of road safety corridor for the purpose of cultivating agricultural affecting the work safety and traffic safety;

b) Planting trees within the land reserved for roads in the suburban road section hiding the visibility of operators of means of transport.

2. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for one of the following violations:

a) Build private houses illegally within the land reserved for roads in the suburban road section;

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3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following violations:

a) Pouring, putting illegally material or wastes on road land or corridors of road safety in suburban road sections;

b) Unauthorized excavation, embankment, filling plate-forme in corridors of road safety;

c) Arbitrarily attaching to the work of road signal the contents not related to meaning, targets of the road work;

d) Unauthorized use of road safety corridors to be the place of gathering or transitting goods, construction materials;

đ) Trading, erecting tents, other temporary works illegally in urban areas in the tunnels, bridges and tunnels for pedestrians, except for violations as prescribed in point a clause 5 of this Article.

4. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for one of the following violations:

a) Building private houses illegally within the land reserved for roads in the urban road section;

b) Planting trees on the street not in compliance with provisions.

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a) Appropriating the street to: trade catering services; sell goods; do business, trade construction materials; produce or process goods; keep vehicles; repair or wash vehicles; set, hang signboards, billboards; roof; perform other service activities obstructing traffic;

b) Setting Billboards up on the road safety corridor land without written agreement of the competent road management agency;

c) Opening branch roads connecting the main road illegally.

6. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for the act of building illegally solid works within land for road transport.

7. Apart from being fined, violating organizations, individuals provided in clause 1, 2, 3, 4, 5 and clause 6 of this Article are also applied the following remedies: forced to remove the construction works, billboards, trees planted illegally, clean up materials, waste, goods, and restore the original state which has been changed due to administrative violations.

Article 16. Sanctions against individuals and organizations that violate the regulations on construction and maintenance of works within the land reserved for roads

1. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the following violations:

a) Building works within the land reserved for roads not complying with the provisions stated in the construction permits;

b) Building on the roads which are exploiting without hanging Signboards on information of works or with incomplete information content as prescribed; having no measures to ensure safety, smooth traffic causing serious traffic jams;

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d) Leaving materials, soil, rock, construction equipment outside the scope of construction obstructing traffic;

đ) Failing to clean up immediately the warning signboards, barricades, construction equipment, other materials or failing to return its original state when the road construction is completed.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the act of constructing works within the scope of land for road transport without permit of construction.

3. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the following violations:

a) Building works on urban roads not following the plan of construction or specified time;

b) Building on the roads which are being exploited without sufficient signboards, walking spuds, barricades as prescribed; failing to put red lights at night in two heads of construction road section; failing to fully implement the measures to ensure traffic safety in accordance with provisions letting the occurrence of traffic accidents.

4. Apart from being fined, violating organizations, individuals provided in clause 1, clause 2, clause 3 of this Article are also applied the following forms of additional sanctions and remedies: forced to immediately implement the measures to ensure traffic safety as prescribed, restore the original state which has been changed due to administrative violations. Where unable to implement, shall be suspended the construction or stripped the right to use construction permits (if any) until the provisions are complied with.

Article 17. Sanctions against individuals and organizations that violate on the construction of depots, parking lots, halts, road toll stations

1. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the following violations:

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b) Constructing or establishing depots, parking lots, halts, road toll stations not ensuring technical standards, not complying with the approved design.

2. Apart from being fined, violating organizations, individuals are also applied the following remedies:

a) Violation of point a clause 1 of this Article is also forced to dismantle the illegal work, restore the original state which has been changed due to administrative violations;

b) Violation of point b clause 1 of this Article is also forced to rebuild the depots, parking lots, halts, road toll stations complying with the approved design, ensuring technical standards.

Article 18. Sanctions against individuals and organizations that violate provisions on management, protection of road transport infrastructure

1. Warning or a fine of between VND 60,000 and 100,000 shall be imposed for one of the following violations:

a) Herding cattles in the streets; tieing cattles into line of trees on the roadsides or into signboards, walking spuds, barricades and the support works of the road transport;

b) Arbitrarily climbing to the abutment, pillar and girders.

2. A fine of between VND 200,000 and 300,000 shall be imposed for one of the following violations:

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b) Arbitrarily embanking and scooping water over the road surface, installing pumps over the road, setting fire on the road.

3. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the following violations:

a) Failing to supplement timely the danger signboards which have been lost in the dangerous, bend road sections;

b) Failing to detect, report promptly the acts of illegal encroachment and use of safety corridors of road transport.

4. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following violations:

a) Late removal of buildings, houses, tents or intentionally delaying the moval obstructing the plate-forme clearance for construction, renovation, expansion and protection of road when having the decision of the competent State agencies;

b) Damaging or losing the effect of drainage system of road works;

c) Arbitrarily dismantling, moving, hanging, placing, and making wrong position of the signboard, traffic signal lights, barricades, spud, milestones, painted lines, separation line, landmarks, building components, accessories of the road works.

5. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following violations:

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b) Arbitrarily destroying the separation line, spherical mirror, buildings, equipment of traffic safety on roads;

c) Arbitrarily removing, opening causing damage the sewer’s cover, gas cover of the underground system of tunnels on roads;

d) Blasting or mining illegally land, sand, stone, gravel affecting road works.

6. Apart from being fined, violating organizations, individuals also applied the following remedies:

a) Violating provision in point a clause 3 of this Article, forced to supplement the signal signboards lost;

b) Violating provisions in point b clause 2; point b, point c clause 4; clause 5 of this Article, forced to recover the original status changed due to administrative violations.

Item 3. VIOLATION OF PROVISIONS ON MEANS OF PARTICIPATING IN ROAD TRANSPORT

Article 19. Sanction of automobile drivers and types of vehicles similar to automobile violating the provisions on conditions of means when participating in traffic

1. A fine of between VND 100,000 and 200,000 shall be imposed for the act driving vehicles without windshields or with but broken, useless (for vehicles with design mounting windshield).

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a) Driving vehicles without sufficient lights, license plate lights, brake lights, signal lights, wipers, mirrors, air pressure alarm clock, alarm clock of speed or with all of mentioned things but useless, not in compliance with design standard (if having provisions required to have those things) or to mount more lights on the rear;

b) Driving vehicles but having no horn or with but not in compliance with technical regulations for each type of vehicle;

c) Driving vehicles without silencers or with but not in compliance with technical regulations;

d) Driving vehicle without mounting license plate or with but not in compliance with prescribed place; license plate with unclear words, number; the license plates to be bent, hidden, broken;

đ) Driving vehicle mounted wrong size tires or failing to ensure technical standards;

e) Arbitrarily changing the size of vehicle; arbitrarily fitting more seats on the vehicle of transporting passengers.

3. A fine of between VND 800,000 and 1,000,000 shall be imposed for one of the following violations:

a) Driving vehicle without sufficient brake system or with but wrong technical safety standards;

b) The vehicle's navigation system is incorrect technical safety standards.

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a) Having no vehicle registration certificate, registration of trailers or semi trailers in accordance with provisions;

b) Failing to mount license plates (if having regulations required to mount license plates);

c) Having no certificates or stamps of technical safety and environmental protection testing (if required to be tested) or with but expired (including trailers and semi-trailers).

5. A fine of between VND 4,000,000 and 6,000,000 shall be imposed for one of the following violations:

a) Vehicle registration for temporary work over the scope and duration permitted;

b) Driving vehicles over the service year to participate in traffic (if having regulations on the);

c) Driving vehicles produced or assembled by themselves (including small farm trucks subject to suspension of participation in traffic);

d) Controlling motorcycles with incorrect license plates compared to the vehicle registration certificates or with license plates not be issued by the competent agencies;

đ) Using testing certification book, certificates, stamps of technical safety and environmental protection testing, vehicle registration certificate which is not issued by the competent agency or using vehicle registration certificate not in compliance with number of frames, number of machines (including trailers and semi-trailers).

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a) Violation of clause 1, clause 2 of this Article shall be forced to install completely or replace the technical safety standards sufficient equipment; to remove the equipment installed more not in compliance with provisions;

b) Violation of clause 3 of this Article shall be forced to restore the technical features of the equipment or replace the technical safety standards sufficient equipment; to be stripped the right to use driving license for 30 (thirty) days;

c) Violation of clause 4 of this Article shall be stripped the right to use driving license for 30 (thirty) days;

d) Violation of point d, point e, clause 5 of this Article shall be confiscated testing certification book, certificates, stamps of technical safety and environmental protection testing, vehicle registration certificate, license plates not issued by the competent authority; to be stripped the right to use driving license for 30 (thirty) days;

đ) Violation of point b, point c clause 5 of this Article shall be confiscated means and stripped the right to use driving license for 60 (sixty) days.

Article 20. Sanction of motorcycles, motorbikes riders (including electric scooters), and vehicles similar to motorcycles and vehicles similar motorbike violating the provisions on conditions of means when participating in traffic

1. A fine of between VND 80,000 and 100,000 shall be imposed for one of the following violations:

a) Having no horns; license plate light; brake lights; left mirrors of rider or with but useless;

b) Mounting license plate not in compliance with prescribed place; license plate with unclear words, number; the license plates to be bent, hidden, broken;

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2. A fine of between VND 100,000 and 200,000 shall be imposed for one of the following violations:

a) Using the horn not in compliance with technical regulations for each type of vehicle;

b) Having no silencers, exhaust pipes or with but not ensuring environmental regulations on emissions, noise;

c) Having no near, far lights or with but useless;

d) Having no brake system or with but not ensuring technical standards.

3. A fine of between VND 300,000 and 500,000 shall be imposed for one of the following violations:

a) Having no vehicle registration certificate in accordance with provision;

b) Using the vehicle registration certificate which has been defaced; using vehicle registration certificate not in compliance with number of frames, number of machines or not issued by the competent agency;

c) Failing to mount license plates (if having regulations required to mount license plates); mounting license plate not in accordance with the number or symbol stated in the registration certificate; the license plates not issued by the competent agency.

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a) Vehicle registration for temporary work over the scope and duration permitted;

b) Riding vehicles produced or assembled by themselves.

5. Apart from being fined, violating drivers also applied the following forms of additional sanctions:

a) Violation of point a clause 2 of this Article shall be confiscated horn;

b) Violation of point b, point c clause 3 of this Article shall be confiscated certificate of registration, registration number not in compliance with provisions;

c) Violation of point a clause 4 of this Article shall be stripped the right to use driving license for 30 (thirty) days;

d) Violation of point b clause 4 of this Article shall be confiscated vehicle and stripped the right to use driving license for 60 (sixty) days.

Article 21. Sanction of rudimentary vehicles riders violating the provisions on conditions of means when participating in traffic

1. A fine of between VND 40,000 and 60,000 shall be imposed for the act of not registering, not having license plate (if the locality stipulates the registration and mounting of license plate).

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a) Having no brake system or with but useless;

b) Rudimentary vehicle carrying passenger, cargo not ensuring standards on comforts and sanitary in accordance with local provisions.

Article 22. Sanction of tractors drivers, specialized motorcycle riders violating the provisions on conditions of means when participating in traffic

1. A fine of between VND 300,000 and 500,000 shall be imposed for one of the following violations:

a) Having no vehicle registration certificate in accordance with provision; mounting license plate not in compliance with prescribed place; mounting license plates not issued by the competent agency;

b) Brake system or shifting system not ensuring the technical standards;

c) Specialized parts installed improper location; not ensuring safety when moving;

d) Having no lights; having no silencer as designed;

đ) Having no certificate of technical safety and environmental protection testing (if required to be tested) or with but expired.

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a) Operating improper scope as specified;

b) Driving tractors and specialized motorcycles produced, assembled or renovated by themselves.

3. Apart from being fined, violating drivers also applied the following forms of additional sanctions and remedies:

a) Violation of point b, point c clause 1 of this Article shall be forced to restore technical features of the equipment or replace the technical safety standards sufficient equipment;

b) Violation of point b clause 2 of this Article shall be confiscated means.

Article 23. Sanctioning drivers of automobile vehicles, tractors and vehicles similar to automobile violating the regulations on environmental protection when participating in traffic

1. Warning or a fine of between VND 50,000 and 100,000 shall be imposed for the act of driving vehicles not meeting hygiene requirements when circulating in urban area.

2. A fine of between VND 200,000 and 300,000 shall be imposed for the act of discharging emission in excess of the prescribed standards, bad-smelling into the air.

3. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for one of the following violations:

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b) Carrying bulk cargo, construction materials which are easy to spill without roofs, cover or with roofs, cover but still spilled; carrying cargo or waste leading water to spill down the road causing traffic unsafety and environmental sanitation;

c) Attaching soil, sand or other waste from construction works to the road causing traffic safety and environmental sanitation.

4. A fine of between 5,000,000 and 10,000,000 for the acts of making spillage of waste during the course of collection, transport.

5. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for the act of discharging garbage, waste into the road not incompliance with provisions.

6. Apart from being fined, controllers of violating means also applied the following forms of additional sanctions and remedies y:

a) Violation of clause 1, clause 2, clause 3, clause 4, clause 5 of this Article shall be forced to overcome the violation, clean up materials, gabage, waste and restore the original state which has been changed due to administrative violations; if causing environmental pollution, the measures to overcome the environmental pollution shall be implemented;

b) Violation of clause 5 of this Article shall be stripped the right to use driving license for 30 (thirty) days.

Item 4. VIOLATION OF PROVISIONS ON DRIVERS PARTICIPATING IN ROAD TRANSPORT

Article 24. Sanctions against violations of regulations on the conditions of motorized vehicle riders

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2. A fine of between VND 60,000 and 80,000 shall be imposed for one of the following violations:

a) Those who are from enough 16 and under 18 years old riding motorcycles with cylinder capacity of from 50 cm3 or more;

b) Those who ride motorcycles, mopeds without carrying their vehicle Registration Certificate;

c) Those who ride motorcycles without carrying their driving license.

3. A fine of between VND 80,000 and 120,000 shall be imposed for riders of motorcycles, mopeds, vehicles similar to motorcycles and vehicles similar to mopeds not having or not carrying the valid certificate of insurance for civil liability of motorized vehicle owners.

4. A fine of between VND 120,000 and 200,000 shall be imposed for one of the following violations:

a) Motorcycle riders have no riding license or using riding licenses not issued by the competent agency, riding licenses which are erased, except for violations specified in point b clause 8 of this Article;

b) Automobile drivers do not carry vehicle registration certificate, driving licenses, certificates of technical safety and environment protection testing.

5. A fine of between VND 300,000 and 400,000 shall be imposed for drivers of automobiles, tractors, types of vehicles similar to automobiles with driving license but expired for use less than 06 months.

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7. A fine of between VND 600,000 and 1,000,000 shall be imposed for those who are from enough 16 years to less than 18 years old driving automobiles, tractors, types of vehicles similar to automobiles.

8. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for riders, drivers of motorcycles with a cylinder capacity of from 175 cm3 or more, automobiles, tractors and types of vehicles similar to automobiles violating one of the following violations:

a) Having driving license but incompatible with type of vehicle which is being controlled or has expired from 6 (six) months or more;

b) Having no driving license or using driving license not issued by the competent agency, driving license which was erased.

9. Apart from being fined, violating drivers also applied the following forms of additional sanctions: violation of point a clause 4, point b clause 8 of this Article shall be confiscated driving license not granted by the competent agency or driving license which was erased.

Article 25. Sanctions against violations of the provisions on conditions of specialized motorcycle riders

1. A fine of between VND 100,000 and 200,000 shall be imposed for one of the following violations:

a) Specialized motorcycle riders are improper age or age is not suitable to the lines in accordance with provisions;

b) Specialized motorcycle riders do not bring driving license (or certificates) and certificate of fostering legal knowledge on road transport.

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Item 5. VIOLATION OF PROVISIONS ON ROAD RANSPORT

Article 26. Sanction of drivers of passenger cars, cars violate regulations on road transport

1. A fine of between VND 100,000 and 200,000 shall be imposed for one of the following violations:

a) Failing to close “the door up or down” when the car is running;

b) Letting people sit in the cars when they are up and down the ferry, pontoon bridge, or when they are on the ferry (except the elderly, the sick, the disabled;

c) Failing to guide passengers sitting in the right location specified in cars;

d) Failing to comply with regulations on turning off, on the illuminated lightbox "TAXI"; failing to use the meter when transporting passengers in accordance with provisions.

2. A fine from 200,000 VND to 300,000 VND shall be imposed per each person over the provisions that the means are allowed to carry to drivers of passenger cars, cars (excluding buses) committing violation: carrying over from 02 people or more on the 9 seat cars, carrying over from 03 people or more on the cars from 10 seats to 15 seats, carrying over from 04 people or more on the cars from 16 seats to 30 seats, carrying over from 05 people or more on the cars over 30 seats, except for the violations specified in clause 3 of this Article.

3. A fine from 300,000 VND to 500,000 VND shall be imposed per each person over the provisions that the means are allowed to carry to drivers of passenger cars running the routes with distances greater than 300 km committing violation: carrying over from 02 people or more on the 9 seat cars, carrying over from 03 people or more on the cars from 10 seats to 15 seats, carrying over from 04 people or more on the cars from 16 seats to 30 seats, carrying over from 05 people or more on the cars over 30 seats.

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a) Embarking and disembarking passengers not in compliance with the prescribed places on the routes determined the places for embarking and disembarking passengers;

b) Embarking and disembarking passengers at the places of no stopping, no parking, of bends that visibility is hidden;

c) Failing to run the right routes, schedules, itineraries of transportation as prescribed c;

d) Letting people mount hammocks on the car or cling to the door, outside the car when it is running;

đ) Arranging, tieing luggage or cargo not ensuring safety; let the baggage, cargo drop down the road;

e) Carrying luggage and cargo in excess of tonnage upon the design of the vehicle or in access of the vehicle’s dimensions; putting cargo in the passenger compartments;

g) Carrying goods with smelliness in the passenger cars;

h) Vehicles transporting tourist, passengers under the contract without passenger list, the contract of carriage in accordance with provisions;

i) Transporting passengers upon fixed routes not in compliance with vehicle routes, having no “vehicle’s log book” or with but having no confirmation of two head depots as prescribed;

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l) Vehicles transporting tourist, passengers under the contract selling tickets to passengers.

5. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the following violations:

a) Letting people get in and out when the vehicle is running;

b) Transferring passengers to another vehicle along the way without passengers' consent; threatening, insulting, competing, drawing passengers; forcing passengers to use the service unwanted;

c) Letting passengers out to avoid the inspection and control of the competent persons;

d) Loading on the vehicles deflecting vehicles.

6. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for one of the following violations:

a) Driving vehicle to participate in transportation business without mounting equipment for monitoring vehicle's journey (if required to be fitted) or with but equipment does not work in accordance with provisions;

b) Driving cars constantly exceeding the stipulated time;

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d) Transporting goods banned from circulation.

7. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following violations:

a) Transporting dangerous, hazardous, flammable, explosive goods or animals and other goods that affect the health of the passengers on passenger vehicles;

b) Transporting passenger on the hood, roof and the luggage compartment of the vehicle;

c) Assaulting passengers.

8. Apart from being fined, violating drivers also applied the following forms of additional sanctions and remedies:

a) Violation of clause 2; clause 3 (in case of exceeding more than 50 % to 100 % of number of people allowed to carry of means as stipulated); point d, point đ, point e, point g, point h, point i clause 4; clause 5; point a, point c, point d clause 6 of this Article shall be stripped the right to use driving license for 30 (thirty) days. Violation of point d clause 6 of this Article, goods banned from circulation shall be consiscated;

b) Violation of point b clause 6, clause 7 of this Article shall be stripped the right to use driving license for 60 (sixty) days; violation of clause 2, clause 3 of this Article (in case of exceeding more than 100 % of number of people allowed to carry of means as stipulated) shall be stripped the right to use driving license timeless;

c) Violation of clause 2, clause 3 of this Article (in case of transporting passengers) violators must arrange other means to transport the passengers overpassing the provisions that the vehicles are permitted to transport.

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1. A fine of between VND 200,000 and 300,000 shall be imposed for one of the following violations:

a) Transporting goods on vehicles which are required to be tied firmly but not implemented; loading on the roof of the cab; loading deflecting vehicles;

b) Transporting goods exceeding the design tonnage stated in the vehicle registration certificate, but not enough level for violation stipulated in point a clause 2, point a clause 3 of this Article.

2. A fine of between VND 500,000 and 1,000,000 shall be imposed for one of the following violations:

a) Transporting goods exceeding the design tonnage stated in the vehicle registration certificate from 10% to 40% for trucks of less than 5 tons and from 5% to 30% for trucks from 5 tons or more (including trailers and semi-trailers);

b) Loading on the roof of the vehicle trunk; loading in access of the width of the vehicle trunk; loading beyond the front, rear of the vehicle trunk more than 10% of length of vehicle;

c) Transporting goods exceeding the height of goods loading allowed for trucks with opening tank (without hood);

d) Transporting people on the vehicle trunk contrary to regulations; letting people sit on the hood, cling to the outside of the vehicles when they are running;

đ) Driving vehicles in the transportation business of goods without bringing the transportation contract or shipping document as required, except for taxi-trucks.

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a) Transporting goods exceeding the design tonnage stated in the vehicle registration certificate more than 40% for trucks of less than 5 tons and more than 30% for trucks from 5 tons or more (including trailers and semi trailers);

b) Driving vehicles continuously over the prescribed time;

c) Driving taxi-trucks without a meter or installing meter not in compliance with provisions;

d) Driving vehicles for the transportation business of goods without installing equipment monitoring vehicle’s journey (if required to be fitted) or with but equipment does not work in accordance with provisions;

đ) Transporting goods banned from circulation; transporting illegally or failing to fully comply with the regulations on transport of wildlife.

4. Apart from being fined, violators also applied the following forms of additional sanctions and remedies:

a) Violation of point a, point b, point c clause 2, point a clause 3 of this Article shall be forced to unload part of the overloaded goods, the goods exceeding the specified size; violation of point đ, clause 3 of this Article shall be confiscated goods banned from circulation and wildlift transported illegally;

b) Violation of point a, point b, point d clause 2, point c, point d, point đ clause 3 of this Article shall be stripped the right to use driving license for 30 (thirty) days;

c Violation of point c clause 2, point a, point b clause 3 of this Article shall be stripped the right to use driving license for 60 (sixty) days.

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1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the following violations:

a) Carrying super length and super weigh goods without signs of size of the goods in accordance with provisions;

b) Failing to comply with the provisions in the circulation permits, except for violations specified in point b clause 2 of this Article.

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following violations:

a) Carrying super length and super weigh goods which the permit of circulation is no longer use value in accordance with provisions;

b) Carrying super length and super weigh goods which the circulation permit is valid but total weight, the outside dimensions of the vehicle (after goods have been loaded) exceeds provisions stated in the permit for circulation.

3. Apart from being fined, violators also applied the following forms of additional sanctions and remedies:

a) Violation of clause 1, clause 2 of this Article shall be suspended the circulation until the provisions are complied; If violators cause the bridges, roads to be damaged, they must restore the original state which has been changed due to administrative violation;

b) Violation of clause 1 of this Article shall be stripped the right to use driving license for 30 (thirty) days; Violation of clause 2 of this Article shall be stripped the right to use driving license for 60 (sixty) days.

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1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the following violations:

a) Transporting dangerous goods but stopping or parking in the crowded residential areas, important buildings or places where are easy to happen danger; having no signs of dangerous goods in accordance with provisions;

b) Transporting environmental contaminants not in accordance with provisions on environmental protection.

2. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for the act of transporting dangerous goods without permit or with but not in compliance with provisions as stated in the permit.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the act of transporting dangerous waste or waste containing radioactive substance not in compliance with provisions on environmental protection.

4. Apart from being fined, violators also applied the following forms of additional sanctions and remedies:

a) Violation of clause 1, clause 2 and clause 3 of this Article shall be forced to comply with the regulations on transportation of dangerous goods, environmental protection; if causing the environmental pollution, violators must take measures to overcome the status of environmental pollution;

b) Violation of clause 1, clause 2 of this Article shall be stripped the right to use driving license for 30 (thirty) days; Violation of clause 3 of this Article shall be stripped the right to use driving license for 60 (sixty) days.

Article 30. Sanction of drivers of sanitation vehicles, cars carrying waste, bulk materials and other trucks committing violations of regulations on activities of urban transport

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Article 31. Sanctions against individuals or organizations violating the regulations on road transport, road transport support services

1. A warning or fine of between 40,000 VND and 60,000 shall be imposed for riders of motorcycles, mopeds, rudimentary vehicles carrying passengers or goods without badges or clothing in accordance with provisions.

2. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for one of the following violations:

a) Having no management division of conditions on traffic safety in accordance with provisions;

b) Failing to register, list the quality standards of passenger transport services in accordance with provisions;

c) Using cars with design from 10 seats or more as taxi carrying passenger;

d) Using the passenger taxi without light box "TAXI", failing to fix a meter or fixing meter not in compliance with regulations;

đ) Using the passenger taxi with vehicle’s paint colors, the logo of the enterprise (cooperatives) and transaction telephone recorded on the vehicle not in compliance with registration of enterprises (cooperatives);

e) Falling to arrange sufficient drivers, the service personnel on the passenger car according to the business plan registered.

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a) Organizing the exploitation of depots, parking lots, halts without the permission of the competent authority under the provisions;

b) Letting cars which are not enough conditions for trading passenger transportation get in passenger car terminals to pick up;

c) Trading transportation by cars without business registration, transportation business license in accordance with provisions;

d) Implementing not in accordance with the contents of business registered in the transportation business license;

đ) Failing to guarantee the conditions of transportation business in the form of business registered;

e) Failing to comply with the contents registered on the quality of transportation services;

g) Establishing transaction place of picking up and disembarking guests illegally (although terminals, wharves warts (illegal depots).

4. Apart from being fined, violating enterprises, cooperatives also applied the following forms of additional sanctions and remedies:

a) Violation of clause 2, point a clause 3 of this Article shall be suspended the operation until the violation has been overcome;

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Item 6. OTHER VIOLATIONS RELATING TO ROAD TRANSPORT

Article 32. Sanctions against individuals, organizations producing, assembling illegally motorized transport means of road; manufacturing and selling license plates of motorized transport means of road illegally

1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for act of selling license plates of motorized transport means of road which are not the one produced by the competent State agency or permitted by the competent State agency.

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for the act of illegal production of license plates or illegal production, assembly of motorized transport means of road.

3. Apart from being fined, individuals and organizations commit violations provided in clause 1, clause 2 of this Article are also confiscated license plates, illegal means of manufacture, assembly and suspension of operation.

Article 33. Sanction of owners of means of violating regulations related to road transport

1. A fine of between VND 100,000 and 2,000,000 shall be imposed for owners of automobiles, motorcycles and types of vehicles similar to automobile committing one of the following violations:

a) Failing to transfer ownership of the means as prescribed;

b) Arbitrarily changing the brand, color of the vehicle so it is not compliance with the vehicle registration certificate.

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a) Arbitrarily re-chiseling numbers of frame and engine numbers;

b) Defacing, modifying or falsifying vehicle registration documents;

c) Arbitrarily changing the frame, engine, shape, size of vehicle;

d) Declaring untrue or using the false papers and documents to be re-issued license plates, vehicle registration certificate;

đ) Lending vehicle or letting persons who are insufficient conditions as prescribed by law drive it to participate in traffic.

3. A fine of between VND 200,000 and 300,000 shall be imposed for owners of automobiles, tractors, specialized motorcycles and types of vehicles similar to automobile committing one of the following violations:

a) Installing the windshield, the vehicle’s door glass which is not type of safety glass;

b) Arbitrarily changing the color of the vehicle not in compliance with the color recorded in the vehicle registration certificate; not complying with the provisions of license plates and regulations on words on the vehicle’s walls and doors.

4. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for owners of automobiles, tractors, specialized motorcycles and types of vehicles similar to automobile committing one of the following violations:

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b) Erasing or repairing vehicle registration certificate, vehicle registration documents, certificates or stamps of technical safety and environmental protection testing or the other documents on means;

c) Failing to comply with the revocation of vehicle registration certificate; vehicle license plate; certification book of technical safety and environmental protection testing of motorized transportation vehicles of road in accordance with provisions;

d) Drawing, pasting ads on the vehicle in contravention of regulations;

đ) Failing to transfer ownership of the means as prescribed;

e) Failing to conduct procedures of vehicle registration certificate renewal when the vehicle has been improved;

g) Lending vehicle or letting persons who are insufficient conditions as prescribed by law drive it to participate in traffic;

h) Declaring untrue or using the false papers and documents to be re-issued license plates, vehicle registration certificate.

5. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for one of the following violations:

a) Renting, borrowing components and accessories of the cars when testing;

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6. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for owners of automobiles, tractors, specialized motorcycles and types of vehicles similar to automobile committing one of the following violations:

a) Arbitrarily changing all of frame; all of engine; brake system; the transmission system; moving system or arbitrarily renovating the structure, shape, size of vehicles not in compliance with design of the manufacturer or renovated design approved by the competent authority; arbitrarily changing the use features of vehicles;

b) Renovating other types of cars into passenger cars.

7. Apart from being fined, violators also applied the following forms of additional sanctions and remedies:

a) Violation of point b clause 1, point b clause 3 of this Article shall be forced to restore the brand, color recorded in vehicle registration certificate or to comply with provisions on the license plates and regulations on words on the car’s wall and door;

b) Violation of point b, point d clause 2; point b, point h clause 4 of this Article shall be revoked the license plates, vehicle registration certificate (where granted again), confiscated false dossiers, papers, documents;

c) Violation of point a clause 3, point a clause 6 of this Article shall be restored the shape, size or the status of original technical safety of the vehicle; violation point b clause 6 of this Article shall be confiscated vehicles.

Article 34. Sanctions against employees serving on the bus, passenger transportation vehicles upon the fixed routes, passenger vehicles under contract, vehicles transporting tourists violating regulations on traffic order and safety

1. Warning or a fine of between VND 40,000 and 60,000 shall be imposed for the act of failing to support and assist passengers as the elderly, children who are not get in or off by themselves, motorial disabled or visual disabled persons.

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3. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the following violations:

a) Transferring passengers to another vehicle along the way without passengers' consent; threatening, insulting, competing, drawing passengers; forcing passengers to use the service unwanted;

b) Letting passengers get off vehicle to avoid the inspection and control of the competent persons.

4. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for the act of committing assult and battery.

Article 35. Sanction of passengers on vehicle violating regulations on traffic order and safety

1. A fine of between VND 50,000 and 100,000 shall be imposed for one of the following violations:

a) Failing to comply with vehicle’s internal rule;

b) Causing disorder on the vehicle.

2. A fine of between VND 300,000 and 500,000 shall be imposed for one of the following violations:

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b) Threatening the life, health or property infringement of others on the vehicles;

c) Hanging on the vehicle’s walls; standing, sitting, lying on the hood, roof, in passenger baggage compartment; arbitrarily opening the vehicle’s door or other acts not ensuring safety when the vehicle is running.

3. Apart from being fined, those who commit violations provided in point a clause 2 of this Article are also confiscated toxic chemicals, flammable, explosive substances, dangerous goods, goods banned from circulation carried on passenger vehicle.

Article 36. Sanction of drivers of caterpillar; vehicles of overloaded, over the limit size of bridges, roads (including passenger cars)

1. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the following violations:

a) Driving vehicle which the total weight or axle weight (including goods loaded on it, persons transported on it) exceeds the permitted tonnage of the bridges, roads from 10% to 20%, except for having the valid permits for circulation;

b) Failing to comply with the provisions in the circulation permits, except for violations specified in point b, point d, point đ clause 3 of this Article.

2. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for the act of failing to comply with the inspection of vehicle weight when having the signal for requirements.

3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following violations:

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b) Driving with valid license of circulation, but the total vehicle’s weight or vehicle axle’s weight value (including goods loaded on vehicles if any) is in excess of provisions in the permit for circulation;

c) Driving vehicle that the total vehicle’s weight or vehicle axle’s weight (including goods loaded on vehicles, persons transported on it) exceeds the permitted tonnage of the bridges, roads more than 20%, except for the license of circulation is still valid;

d) Transporting goods exceeding size limits of bridges, roads specified in the permit for circulation;

đ) Driving caterpillar to participate in traffic without circulation permit under the regulations or directly circulate on the roads.

4. Apart from being fined, violating drivers also applied the following forms of additional sanctions and remedies:

a) Violation of the provisions in clause 1, clause 3 of this Article shall be suspended from circulation until the implementation of regulations is complied or be forced to immediately unload the overloaded, the oversized parts; if causing damage for bridges, roads, violators must restore the original state which has been changed due to administrative violations;

b) Violation of clause 1 of this Article is also stripped the right to use the driving license (as driving cars, tractors and other vehicles similar to cars), certificate of fostering legal knowledge on road transport (when driving specialized motorcycle) for 30 (thirty) days;

c) Violation of clause 3 of this Article is also stripped the right to use the driving license (as driving cars, tractors and other vehicles similar to cars), certificate of fostering legal knowledge on road transport (when driving specialized motorcycle) for 60 (sixty) days.

Article 37. Sanctions against those who race illegally, promote to race illegally

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a) Gathering to cheer or incite acts of driving vehicles in access of the prescribed speed, swinging, chasing each other on the street or racing illegally;

b) Competing bicycles, mopeds, cyclos, carts, riding animals to compete illegally on roads.

2. A fine of between VND 2,000,000 and 4,000,000 shall be imposed for persons who cheer or incite illegal racing which obstructs or resist the on-duty officers.

3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for persons who race motorcycles, motorbikes, electric scooters illegally.

4. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for persons who race cars illegally.

5. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the following violations:

a) Persons who race cars, motorcycles, motorbikes, electric scooters, mopeds and resists the on-duty officers;

b) To organize the illegal vehicle race.

6. Apart from being fined, violating drivers also applied the following forms of additional sanctions: violation of point b clause 1 of this Article, means used for violation shall be confiscated (other than pulling, riding animals); violation of clause 3, clause 4, point a clause 5 of this Article shall be stripped the right to use driving license timeless and confiscated vehicles.

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1. A fine of between VND 500,000 and 1,000,000 shall be imposed for acts of brokerage, abetting, guidance to drivers, riders to avoid the inspection, control of the on-duty officers.

2. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for one of the following violations:

a) Obstructing or failing to obey the requirements of inspection, examination, control of the on-duty officers  for: papers relating to people and facilities, operation conditions of facilities, transportation operations and services of transportation support, driving test and training, vehicle register;

b) Having words and actions threatening, insulting, hurting the honor or against the on-duty officers, inciting others not to obey the requirement of inspection, examination, control of the on-duty officers, except for the violations specified in clause 8 Article 8, clause 8 Article 9, clause 2 and point a clause 5 Article 37 of this Decree;

c) Failing to obey the requirement of inspection on drug, alcohol concentration of traffic controller or the on-duty officers;

d) Giving money, property or other material benefits to the on-duty officers to avoid the handling of administrative violations.

3. Apart from being fined, violators also applied the following forms of additional sanctions and remedies: violation of point d clause 2 of this Article shall be confiscated the money, property or other material benefits; if the violators are the one who drive/ride vehicles, they shall also be stripped the right to use driving license (when driving/riding cars, motorcycles, tractors, vehicles similar to cars, vehicles similar to motorcycles), certificate of fostering legal knowledge on road transport (when riding specialized motorcycles) for 60 (sixty) days.

Article 39. Sanction of road motorized vehicles drivers/riders fitting the foreign license plates

1. A fine of between VND 500,000 and 1,000,000 shall be imposed for road motorized vehicles drivers/riders fitting the foreign license plates violating one of the following acts:

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b) Papers of the means are not the version translated into English or Vietnamese in accordance with provisions;

c) Passenger vehicles do not have the passenger list in accordance with provisions.

2. A fine of between VND 4,000,000 and 6,000,000 shall be imposed for one of the following violations:

a) Circulation of vehicles on Vietnam's territory is beyond the time limit as specified;

b) The scope of activities permitted to operate is beyond;

c) Driving means without license for international transport, international transport badges of mixed transport as prescribed or with but expired;

d) Failing to fit temporary license plate or fitting temporary license plate not granted by the competent authority (if provisions on fitting temporary license plate are required);

đ) Transporting passengers or goods not in accordance with the provisions in the road transport Agreements, the Protocol which have been signed;

e) Driving cars with right steering wheel to participate in traffic without vehicle to direct the way in accordance with provisions;

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3. Apart from being fined, violating drivers also applied the following measures: violation of point a, point c, point d and point đ clause 2 of this Article is also suspended activities, forced to re-export means out of Vietnam.

Article 40. Sanction of drivers/riders of vehicles who register to operate within special economic and commercial zone

1. A fine of between VND 500,000 and 1,000,000 shall be imposed for riders of motorcycles, mopeds, vehicles similar to motorcycles and vehicles similar to mopeds violating one of the following acts:

a) Having no declarations of road transport means temporarily imported for re-export in accordance with provisions;

b) Riding vehicles without control badges as prescribed or using the expired badges, badges which are not granted by the competent agencies.

2. A fine of between VND 4,000,000 and 6,000,000 shall be imposed for drivers of automobiles and vehicles similar to automobiles violating one of the following acts:

a) Having no declarations of road transport means temporarily imported for re-export in accordance with provisions;

b) Riding vehicles without control badges as prescribed or using the expired badges, badges which are not granted by the competent agencies.

3. Apart from being fined, controllers of violating means are also applied the following forms of additional sanctions and remedies:

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b) Recidivism or repeated violations of clause 1, clause 2 of this Article shall be confiscated vehicles.

Article 41. Sanctions against violations of regulations on training, driving test

1. A fine of between VND 200,000 and 400,000 shall be imposed for practice teachers committing one of the following violations:

a) Letting learners without badges "driving learner" drive the driving practice vehicles;

b) Transporting people and goods on the driving practice vehicle contrary to the provisions;

c) Running the wrong routes, the wrong time specified in the license of driving practice vehicle;

d) Having no the badge "driving teacher" or with but not wearing in accordance with provisions.

2. A fine of between VND 500,000 and 1,000,000 shall be imposed for driving training centers committing one of the following violations:

a) Failing to arrange practice teachers sitting next to the driving learners;

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c) Driving practice vehicles are not equipped with brake parts or accessories, but useless;

d) Enrolling learner not sufficient standards under the provisions;

đ) Arranging unqualified teachers for teaching;

e) Failing to store in full records of the training courses in accordance provisions.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the driving training centers, driving testing centers committing one of the following violations:

a) Driving training centers have no the training permits or with but expired; having no conditions according to regulations; failing to comply with the contents, training program; training in excess of traffic allowed;

b) Driving testing centers have no conditions of operation.

4. Apart from being fined, violating individuals, organizations are also applied the following forms of additional sanctions and remedies:

a) Driving training centers violating point a clause 3 of this Article 3 shall be suspended the operation until the implementation of regulations are complied with;

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Article 42. Sanctions against violations of regulations on operation of technical safety testing and environmental protection of motorized vehicles

1. A fine of between VND 4,000,000 and 6,000,000 shall be imposed for Register Center violating one of the following acts:

a) Using registrars, professional staffs having no enough conditions in accordance with provisions;

b) Having no enough conditions for activities in accordance with provisions;

c) Failing to comply with contents, testing procedures as prescribed.

2. Apart from being fined, violating individuals, organizations are also suspended activities until the violations are recovered.

Item 7. PILOT APPLICATION FOR A NUMBER OF VIOLATIONS IN URBAN AREAS OF THE SPECIAL-TYPE URBANS

Article 43. Sanction of drivers of cars and vehicles similar to cars violating a number of acts applied separately to the urban area of the special-type urbans

1. A fine of between VND 300,000 and 500,000 shall be imposed for drivers committing one of the provisions in: point a, point k clause 1 Article 8 of this Decree.

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a) Point e clause 1, point g, point h, point i, point k clause 2 Article 8 of this Decree;

b) Point a, point b clause 4 Article 26 of this Decree.

3. A fine of between VND 1,000,000 and 1,400,000 shall be imposed for drivers commiting one of the violations prescribed in: point a, point b, point d, point g, point h clause 3 Article 8 of this Decree.

4. A fine of between VND 1,400,000 and 2,000,000 shall be imposed for drivers commiting one of the following violations: point a, point b, point c, point đ, point e, point g clause 4 Article 8 of this Decree.

5. Apart from being fined, controllers of violating means are also applied the following forms of additional sanctions and remedies:

a) Violations of point e clause 1; point g, point h clause 2; point d clause 3; point a, point đ clause 4 Article 8 of this Decree (in case of stopping, parking contrary to provisions) are forced to bring means out of the violated place;

b) Violation of point e clause 1; point g, point h, point i, point k clause 2; point a, point g, point h clause 3; point a, point b, point đ, point g clause 4 Article 8 of this Decree shall be stripped the right to use driving license for 30 (thirty) days;

c) Violation of point a, point b clause 4 Article 26 of this Decree shall be stripped the right to use driving license for 30 (thirty) days;

d) Violation of point e clause 4 Article 8 of this Decree shall be stripped the right to use driving license for 60 (sixty) days. Violating one of the following points, clauses of Article 8 of this Decree which causes accident but not enough seriousness shall be stripped the right to use driving license for 60 (sixty) days: point a, point e, point k clause 1; point g, point h, point i, point k clause 2; point a, point b, point d, point g, point h clause 3; point a, point b clause 4;

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Article 44. Sanction of riders, those who sit on the motorcycles, mopeds (including electric scooters), and vehicles similar to motorcycles and vehicles similar to mopeds violating a number of acts applied separately to the urban area of the special-type urbans

1. A fine of between VND 100,000 and 200,000 shall be imposed for drivers committing one of the violations provided in: point a, point h clause 1; point a, point b, point d, point đ clause 2 Article 9 of this Decree.

2. A fine of between VND 300,000 and 500,000 shall be imposed for drivers, those who sit on vehicles commiting one of the violations provided in: point a, point đ, point h clause 3; point c, point g clause 4 Article 9 of this Decree.

3. Apart from being fined, violating drivers are also applied the forms of additional sanctions as follows:

a) Violation of point a, point đ clause 3; point g clause 4 Article 9 of this Decree shall be stripped the right to use driving license for 30 (thirty) days;

b) Violating one of the following points, clauses of Article 9 of this Decree which causes accident but not enough seriousness shall be stripped the right to use driving license for 60 (sixty) days: point a clause 1; point b, point d, point đ clause 2; point a, point đ, point h clause 3; point g clause 4;

c) Violating one of the following points, clauses of Article 9 of this Decree which causes accident from serious level or more shall be stripped the right to use driving license timeless: point a clause 1; point b, point d, point đ clause 2; point a, point đ, point h clause 3; point g clause 4.

Article 45. Sanction of riders, those who sit on the bikes, electric bikes, other rudimentary vehicles violating a number of acts applied separately to the urban area of the special-type urbans

1. A fine of between VND 100,000 and 200,000 shall be imposed for drivers, those who sit on vehicles commiting one of the following violations provided in:

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b) Clause 1 Article 21 of this Decree.

2. Apart from being fined, drivers violating provisions in clause 1 Article 21 of this Decree are also applied the form of additional sanction of confiscating vehicles.

Article 46. Sanction of pedestrians violating a number of acts applied separately to the urban area of the special-type urbans

1. A fine of between VND 60,000 and 80,000 shall be imposed for pedestrians committing one of the violations provided in: point b, point c clause 1 Article 12 of this Decree.

2. A fine of between VND 80,000 and 120,000 shall be imposed for pedestrians committing one of the violations provided in clause 2 Article 12 of this Decree.

Chapter III

COMPETENCE, PROCEDURES OF SANCTIONING ADMINISTRATIVE VIOLATIONS

Item 1. COMPETENCE

Article 47. Determination of competence to sanction administrative violations in the field of road transport

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2. Road transport police is competent to sanction the violations in the field of road transport of people and means participating in transport on road specified in this Decree.

3. Order Police, rapid response Police, mobile police, administration management police on the social orders, the commune-level police chiefs within the functions and assigned tasks related to the order, safety of road transport are competent to sanction for violations provided in the points, clauses, Articles of this Decree as follows:

a) Point đ, point e, point g, point l clause 1; point g, point h, point m clause 2; point b, point d, point h clause 3; point a, point b, point đ, point h clause 4; point b clause 5; point b, point c clause 6; clause 7; clause 8 Article 8;

b) Point g, point h clause 1; point b, point d, point đ, point i clause 2; point đ, point e, point h, point i, point k clause 3; point đ, point g, point i clause 4; point b, point d clause 5; point b clause 6; clause 7; clause 8 Article 9;

c) Point d, point đ, point e, point h, point i clause 2; point b, point đ, point h clause 3; point d, point e, point g clause 4; point b, point c clause 5; point a clause 6; clause 7 Article 10;

d) Point c, point g, point h, point i clause 1; clause 2; clause 3; clause 4 Article 11;

đ) Article 12, Article 13, Article 14, Article 15;

e) Clause 1, clause 2, clause 4, clause 5 Article 18;

g) Article 21, Article 23;

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i) Article 29, Article 32;

k) Clause 3, clause 4 Article 34; Article 35, Article 37, Article 38.

4. Inspection of road within the functions and assigned tasks is competent to sanction for violations of regulations on transport operations and transport support services at the locations of stopping or parking on the road, the depots, parking lots, halts, stations of testing vehicles’ weight, toll booths, road transport business establishments when the means (with violations) stop or park on the road; violations of regulations on training and testing, granting driving license, technical safety inspection activities and environmental protection of motorized vehicles, protecting the infrastructure of road transport, ensuring the technical standards of the road works and a number of other violations provided in the points, clauses, Articles of this Decree as follows:

a) Point đ, point e, point g clause 1; point g, point h clause 2; point d, point h clause 3; point a, point b, point đ, point e, point h clause 4 Article 8;

b) Point g, point h clause 1; point d, point đ clause 2; point g clause 4; point d clause 5 Article 9;

c) Point d, point đ, point e, point g, point h, point i clause 2; point b clause 3; point e, point g clause 4; point b, point c clause 5 Article 10;

d) Point c, point e, point g, point h clause 1; point a, point b clause 2; point b clause 3 Article 11;

đ) Point a clause 1, clause 2, clause 3, clause 4, point b clause 5 Article 14;

e) Article 15, Article 16, Article 17, Article 18;

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h) Article 22, Article 23;

i) Point b clause 4, clause 5, clause 7, clause 8 Article 24; Article 25; Article 26;

k) Clause 1; point a, point b, point c, point đ clause 2; clause 3 Article 27;

l) Article 28, Article 30, Article 31, Article 34, Article 36, Article 38, Article 41, Article 42.

5. Order Police, rapid response Police, mobile police, administration management police on the social orders, Road Inspection sanctions the violations of pilot application in the urban areas of the special-type urbans under their competence provided in clause 3, clause 4 of this Article.

Article 48. Competence to sanction of the Presidents of the provincial-level People’s Committees

1. Presidents of the Commune-level People’s Committees are competent:

a) To warn;

b) To fine up to VND 2,000,000;

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d) Forced to restore the original state which has been changed, forced to conduct the measures to overcome the environmental pollution caused by administrative violations.

2. Presidents of the District-level People’s Committees are competent:

a) To warn;

b) To fine up to VND 30,000,000;

c) To confiscate material evidence, means used for administrative violation;

d) To strip the right to use license, practice certificate under their competence;

đ) To apply the remedies provided in point a, b and d clause 3 Article 5 of this Decree.

3. Presidents of the Provincial-level People’s Committees are competent:

a) To warn;

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c) To confiscate material evidence, means used for administrative violation;

d) To strip the right to use license, practice certificate under their competence;

đ) To apply the remedies provided in clause 3 Article 5 of this Decree.

Article 49. Competence to sanction of People’s Public Security

1. People’s Public Security officers to be on duty are competent:

a) To warn;

b) To fine up to VND 200,000.

2. Team leaders, stations leaders of those who stipulated in clause 1 of this Article are competent:

a) To warn;

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3. The commune-level police chiefs are competent to apply the forms of handling administrative violations stipulated in clause 1 Article 48 of this Decree.

4. The district-level police chiefs are competent:

a) To warn;

b) To fine up to VND 10,000,000;

c) To strip the right to use license, practice certificate under their competence;

d) To confiscate material evidence, means used for administrative violation;

đ) To apply the remedies provided in points a, b and d clause 3 Article 5 of this Decree.

5. Department Chief of Traffic Police, Department Chief of Order Police, Department Chief of administration management Police on the social order of the Police of provinces, cities directly under the Central Government; and the heads of mobile police units from college team level or more are competent to sanction as district-level police chiefs specified in clause 4 of this Article.

6. Directors of provincial-level polices:

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b) To fine up to VND 30,000,000;

c) To apply the additional measures, remedies provided in clause 4 of this Article.

7. Director for road and rail transport Police Department, Director of administration management police Department on the social order is competent:

a) To warn;

b) To fine up to VND 40,000,000;

c) To apply the additional measures, remedies provided in clause 4 of this Article.

Article 50. Competence to sanction of the Road Inspector

1. The on-duty inspectors are competent:

a) To warn;

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c) To confiscate material evidences and means used for administrative violations with value at VND 2,000,000;

d) To apply the remedies prescribed in points a, b and d clause 3 Article 5 of this Decree, except for the measure forced to dismantle the works constructed illegally.

 2. Chief Inspector of the Department of Transport, the Chief Inspector of Directorate for Roads of Vietnam is competent:

a) To warn;

b) To fine up to VND 30,000,000

c) To strip the right to use license, practice certificate under their competence;

d) To confiscate material evidence, means used for administrative violation;

đ) To apply the remedies provided in the points a, b and d clause 3 Article 5 of this Decree.

3. Chief Inspector of the Ministry of Transport:

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b) To fine up to VND 40,000,000

c) To strip the right to use license, practice certificate under their competence;

d) To confiscate material evidence, means used for administrative violation;

đ) To apply the remedies provided in the points a, b and d clause 3 Article 5 of this Decree.

Article 51. Principles for determining the competence to sanction administrative violations

Principles for determining competence to sanction administrative violations in the field of road transport are implemented in accordance with stipulations in Article 42 of the Ordinance on Handling of Administrative Violations.

Item 2. PROCEDURES OF SANCTION

Article 52. Collection, remittance, management and use of fines

1. Individuals and organizations committing administrative violations on road transport must pay fines as prescribed by law.

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3. Fines of administrative violations under this Decree shall be paid in the account of temporary collection, temporary withholding of the financial agency opening at the State treasury and used for the entire work of ensuring traffic order and safety, anti-road transport congestion.

4. The Ministry of Finance shall preside over and coordinate with concerned ministries and branches to guide the collection, remittance, management and use of the fines under this Decree.

Article 53. Procedures for sanction

1. Procedures for sanction must comply with the provisions of the Ordinance on Handling of Administrative Violations, Decree 128/2008/ND-CP. The sample minutes and decision for use in the sanction are specified in the Annex attached to this Decree.

2. For all means owners violating regulations related to road traffic:

a) In case the violating means owners present in the place of violation, the person who is competent to sanction makes minute of administrative violations, issues the decision to sanction administrative violations and issue decisions to sanction administrative violations according to the corresponding points, clauses of Article 33 of this Decree;

b) In case owners of the violating means is not present at the place of violation, the persons who are competent to sanction based on the violations to make minutes of administrative violations for the vehicle owners and sanction as prescribed by law, the drivers must sign in the minutes of administrative violations as witnesses and allowed to execute the sanctioning decisions on behalf of the owners. Where drivers do not comply with the decision to sanction on behalf of their owners, the persons who are competent to sanction conduct temporary detention of vehicles to ensure the sanctions against the owners.

Article 54. Temporary detention of vehicles, documents relating to drivers and violating means

1. To immediately stop the violations, the persons who are competent to sanction are entitled to conduct the temporary detention of means up to 10 (ten) days before making decision to sanction for the acts of violation specified in the following Articles, clauses, points of this Decree:

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b) Violation of point b clause 5, point b clause 6 Article 9;

c) Violation of point a clause 6, clause 7 Article 10;

d) Violation of point d, point đ clause 4 Article 11 in cases the violators are under 16 and drive the means;

đ) Violation of clause 4, point d, point đ clause 5 Article 19;

e) Violation of clause 3 Article 20;

g) Violation of point a, point đ clause 1 Article 22;

h) Violation of clause 1, point a clause 2, point a clause 4, clause 5, clause 7, clause 8 Article 24;

i) Violation of point c clause 2 Article 38.

2. Apart from the case of the temporary detention of means specified in clause 1 of this Article, the persons who are competent to sanction may also decide to detain temporarily vehicles and papers related to drivers and violating means for other violations in the field of road transport specified in Article 46 and clause 3 Article 57 of the Ordinance on Handling of Administrative Violations.

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4. Ministry of Public Security shall guide in detail the application of measures to detain temporary the means as specified in clause 1, clause 2 of this Article.

Article 55. Execution of decision to sanction and enforcement of decisions on sanctioning administrative violations

1. Individuals and organizations sanctioned for administrative violations in road transport must execute the sanctioning decisions within 10 (ten) days from the date of receiving the decision to sanction, unless specified in Article 65 of the Ordinance on Handling of Administrative Violations.

2. Beyond the time limit specified in clause 1 of this Article that individuals and organizations sanctioned for administrative violations fail to voluntarily obey the sanctioning decisions, they shall be forced to implement. Individuals and organizations that are forced to implement must bear all costs for the implementation of coercive measures. The enforcement of decisions on sanctioning administrative violations and the competence to make enforcement decisions are implemented ​​under the provisions of Article 66, 67 of the Ordinance on Handling of Administrative Violations, Decree No.37/2005/ND CP dated 18 March, 2005 of the Government stipulating the procedures for application of measures to enforce decisions on sanctioning administrative violations.

Article 56. Using the facilities, and technical and professional equipment

1. People's Police Force, Road Inspectors are entitled to use technical and professional facilities, equipment in the operations to patrol and control to detect and track objects of administrative violations. The use of the technical and professional facilities, equipment is conducted as prescribed in Article 55a of the Ordinance on Handling of Administrative Violations.

2. In the case of being detected by the authorities the administrative violations through the use of technical and professional facilities, equipment (recording vehicles’ image and the license plates of vehicles), the owners of road motorized vehicles (used to violate) are obliged to cooperate with authorities to determine the objects who drove means implementing the violations.

Chapter IV

IMPLEMENTATION PROVISIONS

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1. This Decree takes effect on May 20, 2010.

2. This Decree replaces Decree No.146/2007/ND-CP dated September 14, 2007 of the Government stipulating on the sanction of administrative violations in the field of road transport and Decree No.67/2008/ND-CP dated May 29, 2008 of the Government amending and supplementing clause 3 Article 42 of Decree 146/2007/ND-CP dated September 14, 2007 prescribing the sanction of administrative violations in the field of road transport.

3. For drivers who commit violations prescribed in point a clause 8 Article 24 of this Decree, in case of using the driving license of class C, D, E to drive tractors pulling semi-trailers shall be sanctioned since July 01, 2010.

4. For vehicles drivers who commit violations prescribed in point g clause 1 Article 8, point h clause 2 Article 10 of this Decree, in case of putting dangerous signs not in compliance with regulations shall be sanctioned since January 01, 2011.

5. The violations which were detected, and handled under the provisions of the Decree No.146/2007/ND-CP and Decree No.67/2008/ND-CP, but not yet executed, or must be executed after the effective date of this Decree shall still comply with the provisions of Decree No.146/2007/ND-CP and Decree No. 67/2008/ND-CP.

6. Provisions in Item 7 Chapter II of this Decree are implemented for experimental place within 36 (thirty six) months from the effective date of this Decree. People's Committees of cities as special-type urbans specify the scope of urban areas of the special-type urbans to make the experimental place. Every year, the Ministry of Transport presides over and coordinates with the Ministry of Public Security and People's Committees of cities as special-type urbans to report to the Prime Minister the results of the implementation of the experimental place; when the time limit of experimental place expires, the above mentioned Ministries sum up, evaluate the implementation of experimental place and report to the Government proposing the next guidelines for implementation.

Article 58. Responsibility of implementation   

The ministers, heads of ministerial-level agencies, heads of governmental agencies, Presidents of the People’s Committees of provinces and cities directly under the Central Government are responsible for the implementation of this Decree./.

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FOR THE GOVERNMENT
THE PRIME MINISTER




Nguyen Tan Dung