DECREE

PRESCRIBING THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN LAND-ROAD TRAFFIC

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 29, 2001 Law on Land-Road Traffic;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations;
Pursuant to the January 28, 1989 Ordinance on Vietnam People’s Police Force and the July 6, 1995 Ordinance Amending Article 6 of the Ordinance on Vietnam People’s Police Force;
Pursuant to the Government’s Resolution No. 13/2002/NQ-CP of November 19, 2002 on solutions to control the rise in and proceed to gradually reduce traffic accidents and congestion;
Pursuant to the Government’s Decree No. 14/2003/ND-CP of February 19, 2003 detailing the implementation of a number of articles of the Land-Road Traffic Law;
At the proposals of the Minister of Communications and Transport and the Minister of Public Security,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Regulation scope

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Article 2.- Application objects

1. Vietnamese individuals and organizations that commit acts of administrative violations regarding land-road traffic shall be administratively sanctioned under the provisions of this Decree.

2. Foreign individuals and organizations that commit acts of administrative violations regarding land-road traffic in the Vietnamese territory shall be sanctioned under this Decree, except for cases where the international agreements which Vietnam has signed or acceded to provide otherwise, then such international agreements shall apply.

Article 3.- Principles for the sanctioning of administrative violations and the application of other measures

1. All administrative violations regarding land-road traffic must be detected in time and immediately stopped. The sanctioning must comply with the provisions of the Ordinance on Handling of Administrative Violations, the provisions of this Decree and must be effected swiftly, fairly and resolutely. All the consequences caused by acts of violation must be overcome in strict accordance with law.

2. Individuals and organizations shall be administratively sanctioned only when they commit the administrative violations prescribed in this Decree.

3. The sanctioning of administrative violations regarding land-road traffic must be effected by competent persons defined in Articles 41, 42, 43 and 44 of this Decree.

4. An administrative violation act shall be sanctioned only once.

A person committing many acts of administrative violation shall be sanctioned for every act of violation. If the sanctioning is in form of fines, the fines shall be added up into the common fine level and only one sanctioning decision shall be issued.

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5. When deciding to sanction administrative violations, competent persons must base themselves on the nature and seriousness of the violations, the personal identity of violators and the alleviating circumstances as well as aggravating circumstances prescribed in the Ordinance on Handling of Administrative Violations, on acts of violation, the sanctioning forms and levels prescribed in this Decree to decide appropriate handling forms and measures.

6. Not to sanction administrative violations in cases of emergency, legitimate self-defense and sudden events, or administrative violations committed by people suffering from mental diseases or other ailments which deprive them of the capacity to cognize or to control their acts.

7. The "marking of the times of violating the legislation on land road traffic on driving licenses" is a measure prescribed in the Government’s Resolution No.13/2002/NQ-CP of November 19, 2002 on solutions to check the rise in and proceed to gradually reduce traffic accidents and congestion in order to manage the operators of land-road motorized traffic means: if the driving licenses are marked with three times of violation, they shall become invalid; if they are marked twice, the violators shall have to re-sit for examination on Land-Road Traffic Law when changing their driving licenses. Hereinafter this measure is called: marking the violation times on driving licenses for short.

Article 4.- Principles for determining competence to sanction administrative violations

1. The competence to sanction administrative violations under the provisions of this Decree means the competence applicable to one act of administrative violation. In case of fine, the sanctioning competence shall be determined on the basis of the maximum level of the fine bracket, prescribed for every specific act of violation.

2. In case of sanctioning one person for committing many acts of administrative violation, the sanctioning competence shall be determined according to the following principles:

a) If the sanctioning form and level prescribed for each act all fall under the sanctioning person’s competence, the sanctioning competence also belongs to such person;

b) If the sanctioning form and level prescribed for one of the violation acts are beyond the competence of the sanctioning person, such person shall have to transfer the cases of violation to the authorities competent to sanction;

c) Where an administrative violation falls under the sanctioning competence of many persons, the sanctioning shall be effected by the person who receives and processes the case first.

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When the form of fine is applied, the specific fine level for an act of administrative violation shall be the average of the fine bracket prescribed for such act; if the violation involves extenuating circumstances, the fine level can be reduced to below the average level but must not be lower than the minimum level of the fine bracket; if the violation involves aggravating circumstances, the fine level may be higher than the average level but must not exceed the maximum level of the fine bracket.

Article 6.- Statute of limitations for sanctioning administrative violations

1. The statute of limitations for sanctioning an administrative violation regarding land-road traffic shall be one year counting from the date the administrative violation is committed. Past the above-mentioned time limit, sanction shall not be imposed, but measures shall be applied to overcome the consequences thereof as provided for at Points a and b of Clause 3, Article 12 of the Ordinance on Handling of Administrative Violations.

2. If within one year, the violating individuals or organizations again commit new acts of administrative violation regarding land-road traffic or deliberately evade or obstruct the sanctioning, the statute of limitations prescribed in Clause 1 of this Article shall not apply. The time limit for sanctioning administrative violations shall be recalculated, counting from the time of committing new acts of administrative violation or the time of terminating acts of evading or obstructing the sanctioning.

Article 7.- Responsibilities of persons competent to sanction

Persons competent to impose administrative sanctions must sanction the right persons, the right acts of violation, according to the right competence and to law; if abusing the powers to tolerate, cover up, not to sanction or sanction not in time, not according to the right level or sanction ultra vires the administrative violations, they shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing material damage, they must pay compensations therefor according to law provisions.

Article 8.- Responsibilities of violating individuals and organizations

1. Individuals and organizations committing acts of violating the regulations on land-road traffic must strictly abide by the sanctioning decisions of competent persons as prescribed by law.

2. Individuals and organizations that have committed acts of violating the regulations on land-road traffic but then obstruct and/or resist persons on official duty or use tricks or bribery to evade the inspection, control or handling of violations by persons on official duty, shall, depending on the nature and seriousness of their violations, be handled according to law provisions.

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ADMINISTRATIVE SANCTIONING OF ACTS OF VIOLATING LAND-ROAD TRAFFIC RULES

Article 9.- Sanctioning operators of automobiles and vehicles of similar structures for violating land-road traffic rules

1. Warning or a fine of between VND 10,000 and 30,000 on vehicle operators and persons sitting on front seats equipped with safety belts for failure to put on the safety belts while the vehicles are running.

2. A fine of between VND 40,000 and 80,000 for one of the following acts:

a) Failing to operate the vehicles to the right along their traveling directions; failing to keep vehicles on prescribed road sections or lanes;

b) Failing to comply with the traffic lights, signs, painted lines on roads, except for violation acts prescribed at Points d, e and m of Clause 3, Point b of Clause 4, Points b and c of Clause 5 of this Article which shall be sanctioned according to those Points and Clauses;

c) When making turns, failing to give way to pedestrians crossing streets at painted line places reserved for them or to operators of rudimentary vehicles who are travelling on the road sections reserved for them;

d) Reversing vehicles without making observations or giving advance signals;

e) Using high-beam headlights when crossing opposite vehicles in the nighttime;

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3. A fine of between VND 80,000 and 120,000 for one of the following acts:

a) Failing to abide by the orders of traffic conductors or traffic controllers;

b) Changing lanes at places where such is not permitted or without giving advance signals;

c) Failing to signal before overtaking front vehicles; making sudden turns in front of other vehicles;

d) Making U-turns at road sections reserved for pedestrians, on bridges, at bridge heads, under bridges, on narrow roads, at curved road sections with obstructed vision;

e) Reversing vehicles on one-way roads, in areas where stops are not allowed, on road sections reserved for pedestrians, at road intersections, at road-railway intersections, at places with obstructed visions and places where U-turn is not permitted;

f) Making ways for other vehicles in contravention of regulations; refusing to give way as prescribed at narrow road sections, on slopes and at places with obstacles;

g) Stopping or parking vehicles on road sections where vehicles run at suburban road sections where pavements are large; stopping or parking vehicles not at the right places on road sections where stop and parking places have been already arranged; stopping or parking vehicles on thoroughfare beds in contravention of regulations; stopping or parking vehicles on tramways; stopping or parking vehicles on bridges; parking vehicles on slopes without chocking the wheels; or other acts of stopping or parking vehicles in contravention of regulations;

h) Leaving vehicles on road beds or pavements against the regulations;

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j) Failing to give advance signals when stopping or parking vehicles;

k) Failing to fix signal boards in front of towing vehicles or at the rear of the towed vehicles; failing to firmly and safely tie up towing vehicles to towed vehicles when they are on the run;

l) Driving on restricted road, restricted areas, driving from the opposite direction on one-way roads, except for priority vehicles being on urgent missions as prescribed;

m) Blowing horns or pressing accelerator pedals continuously; blowing horns or causing noises or big noises, thus disturbing quietness in urban centers or populated quarters when loading and/or unloading cargoes during the period between 22.00 hrs and 05.00 hrs of the following day; blowing hooters and/or using high-beam headlights in urban centers, populous regions, except for priority vehicles being on official missions as prescribed;

n) Failing to abide by the rules, guidance of traffic conductors when on ferries, pontoon bridges or crossing places hit by traffic jams;

o) Failing to keep the safe distance with the front running vehicle as prescribed for vehicles running on express ways;

p) Failing to speed down and give way when driving vehicles from alleys or branch roads into main roads or vice versa;

q) Trailer vehicles having no signal boards as prescribed or having the total weight smaller than the total weight of the trailers when the brake systems are not up to the technical safety standards.

4. A fine of between VND 140,000 and 300,000 for one of the following acts:

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b) Overtaking other vehicles at places where such is not allowed;

c) Failing to give way to vehicles asking to overtake when safety conditions permit; failing to give way to vehicles running on priority roads, main roads from any direction to road junctions;

d) Letting people sit in cabins beyond the prescribed numbers;

e) Failing to use enough headlights in the nighttime.

5. A fine of between VND 300,000 and 500,000 for one of the following acts:

a) Failing to give way to or obstructing priority vehicles;

b) Failing to observe the regulations when entering or leaving express ways; failing to observe the regulations on maximum speeds and minimum speeds when running on express ways; stopping or parking vehicles on road sections where vehicles run on express ways; making U turns or reversals on express ways; changing lanes at wrong places where u-turns are not permitted or without giving advance signals when running on express ways;

c) Failing to use high-beam headlights when driving in land-road tunnels; making reversals or U turns in land-road tunnels; stopping or parking vehicles not at the right places in land-road tunnels;

d) Carrying people on towed vehicles, excluding drivers;

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f) Failing to apply measures to ensure safety as prescribed when vehicles break down at road-railway junctions;

g) Using signal horns, pennants and/or lamps of priority vehicles by non-priority vehicles; using priority horn, pennants and/or lamp signals by priority vehicles in contravention of regulations;

h) Failing to abide by the requests of traffic controllers to check alcoholic degrees or other stimulants banned by law;

i) Making U turns at road-railway junctions;

j) Failing to observe the regulations on stopping and parking vehicles at road-railway junctions.

6. A fine of between VND 500,000 and 1,000,000 for one of the following acts:

a) Driving at speeds exceeding the prescribed speed by up to 20%;

b) Stopping or parking vehicles in contravention of regulations, thus causing traffic congestion;

c) Stopping or parking vehicles, opening vehicle doors without ensuring safety, thus causing accidents but not to the extent of being examined for penal liability.

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a) Driving at speeds exceeding the prescribed speeds by more than 20%;

b) Drinking liquor, beer with alcoholic contents in blood or breath in excess of the prescribed levels or using other stimulants banned by law;

c) When causing traffic accidents, the means operators fail to stop, fail to keep intact the scenes; fleeing away without going to competent agencies to present themselves, failing to participate in giving first-aid to the victims;

d) Driving at speeds exceeding the prescribed speeds, overtaking other vehicles or changing lanes in contravention of regulations, thus causing accidents but not seriously enough to be examined for penal liability.

8. A fine of between VND 5,000,000 and 10,000,000 for acts of zigzagging, weaving one’s way or chasing one another on roads inside or outside urban centers.

9. A fine of between VND 10,000,000 and 20,000,000 for acts of violation prescribed in Clause 8 of this Article but causing accidents or failing to abide by the order to stop the vehicles of the persons on official duty or resisting persons on official duty, but not seriously enough to be examined for penal liability.

10. In addition to fines, the violating vehicle operators shall be also subject to additional measures and the following measures:

a) Having illegally used horns, pennants and/or lamps confiscated if violating the provisions at Point g, Clause 5 of this Article; having their driving licenses marked with the violation times if violating the provisions in Clauses 4, 5 and 6 of this Article;

b) Being deprived of the right to use driving licenses for 90 days and subject to marking of violation times on their driving licenses if breaching Clause 7 of this Article;

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d) Being deprived of the right to use driving licenses indefinitely if violating Clause 9 of this Article.

Article 10.- Sanctioning persons who operate or sit on motorbikes, mopeds or other vehicles with similar structures, and violate land-road traffic rules

1. Warning or a fine of between VND 10,000 and 20,000 on persons who operate or sit on motorbikes or mopeds without wearing crash helmets when traveling on roads where crash helmet wearing is compulsory.

2. A fine of between VND 20,000 and 60,000 on means operators for one of the following acts:

a) Failing to keep their vehicles to the right along the direction of their traveling;

b) Failing to abide by the traffic lights, road signs, painted lines, except for acts of violating the provisions at Point b, Clause 3, Point c, Clause 4, of this Article, which shall be subject to sanctions prescribed at those points and clauses;

c) Failing to signal before asking to overtake; overtaking other vehicles at places where such is prohibited; overtaking to the right in cases where such is not allowed;

d) When making turns, failing to give way to pedestrians at places painted with lines reserved for pedestrians to cross the roads, or to operators of rudimentary means who are traveling on road sections reserved for them;

e) Reversing three-wheeled motorbikes without making observations or giving advance signals;

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g) Leaving vehicles on roadbeds or pavements in contravention of regulations;

h) Making U turns at places where U turns are prohibited;

i) Using umbrellas or mobile phones when driving vehicles; using umbrellas by persons sitting on vehicles;

j) Rallying three or more vehicles on roadbeds, bridges;

k) Stopping or parking vehicles on road sections where vehicles run at suburban sections with pavements; stopping or parking vehicles on urban roadbeds thus obstructing traffic; stopping or parking vehicles at places with no-stop or no-park signboards; stopping or parking vehicles on tramways; stopping or parking vehicles on bridges or other acts of stopping or parking vehicles in contravention of regulations; failing to observe regulations on stopping or parking vehicles at road-railways intersections;

l) Driving on restricted roads, restricted areas; driving from the opposite direction on one-way roads, except for cases where priority vehicles are on urgent missions as provided for;

m) Carrying people in excess of the prescribed number, except for cases of carrying sick persons for emergency treatment, escorting criminals;

n) Driving three or more vehicles abreast;

o) Declining to give way to vehicles which ask to overtake when the safety conditions permit; refusing to give way to vehicles running on priority roads or main roads from any direction to road intersections;

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q) Failing to keep a safe distance from front running vehicles as provided for when driving on express ways.

3. A fine of between VND 60,000 and 100,000 for one of the following acts:

a) Failing to abide by the orders of traffic conductors and/or traffic controllers;

b) Changing lanes not at the right places or without giving advance signals;

c) Crossing or overtaking other vehicles in contravention of regulations. Declining to give way to other vehicles as prescribed at places where roads are narrow, sloping or where exist obstacles;

d) Blowing horns and/or pressing accelerator pedals continuously during the period of between 22.00 hrs and 05.00 hrs on the following day; using high-beam headlights in urban centers, populated areas, except for priority vehicles being on official missions as prescribed;

e) Failing to speed down and give way when driving vehicles from alleys into main roads or vice versa;

f) Persons operating or sitting on vehicles and towing other vehicles or things or pushing other vehicles or objects, leading animals or carrying on shoulders or vehicles bulky objects; persons operating and/or sitting on towed or pushed vehicles.

4. A fine of between VND 100,000 and 200,000 for one of the following acts:

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b) Declining to give way to or obstructing priority vehicles;

c) Failing to observe regulations when entering or leaving expressways, failing to observe regulations on maximum speeds and minimum speeds when driving on expressways; stopping or parking vehicles on road sections where vehicles run on expressways; making U turns or reversals on expressways; changing lanes not at the right places or without giving advance signals when driving on expressways;

d) Driving in land-road tunnels without using headlights; stopping or parking vehicles in land-road tunnels not at the right places; making U turns in land-road tunnels.

5. A fine of between VND 200,000 and 300,000 for one of the following acts:

a) Driving at speeds exceeding the prescribed speeds by up to 20%;

b) Operating motorbikes, mopeds in processions, thus obstructing traffic;

c) Declining to obey the requests of traffic controllers for examination of liquor or beer degrees or other stimulants banned by law.

6. A fine of between VND 300,000 and 500,000 for one of the following acts:

a) Driving at speeds exceeding the prescribed speeds by more than 20%;

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c) When causing accidents, the concerned means operators fail to stop, fail to keep intact the scenes, flee away without presenting themselves to competent agencies, fail to participate in giving the first-aid treatment to victims;

d) Overtaking other vehicles right at the latter’s head or making sudden turns;

e) Driving at speeds exceeding the prescribed ones, overtaking other vehicles or changing lanes in contravention of regulations, thus causing accidents, but not seriously enough to be examined for penal liability.

7. A fine of between VND 500,000 and 1,000,000 for one of the following acts:

a) Applying stands or other objects against road surface when driving;

b) Using motorbikes of cylinder capacity of 175 cm3 or higher in contravention of regulations.

8. A fine of between VND 4,000,000 and 6,000,000 for one of the following acts:

a) Driving vehicles in zigzags or to weave one’s way or chase one another on roads inside and outside urban centers;

b) Driving vehicles on one wheel, for two-wheelers, or on two wheels, for three-wheelers;

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d) Driving vehicles in groups of two or more at speeds exceeding the prescribed speeds.

9. A fine of between VND 6,000,000 and 14,000,000 for acts of violating Clause 8 of this Article but failing to obey orders to stop vehicles of the persons on official duty or resisting persons on official duty or causing accidents, but not to the extent of being examined for penal liability.

10. In addition to fines, the violating means operators shall be also subject to additional measures and the following measures:

a) The confiscation of horns, pennants and/or lamps when breaching Point a, Clause 4 of this Article;

b) The marking of violation times on their driving licenses when violating Clauses 4, 5, 6 and 7 of this Article; also the deprivation of the right to use driving licenses for 60 days if violating Points a, b and e of Clause 6 of this Article;

c) The indefinite deprivation of the right to use driving licenses and temporary seizure of vehicles for 60 days if breaching Clauses 8 and 9 of this Article; and confiscation of vehicles if repeating the violations.

Article 11.- Sanctioning operators of special-use vehicular machinery for violations of land road traffic rules

1. A fine of between VND 40,000 and 60,000 for one of the following acts:

a) Failing to keep to the right along the direction of their travel; failing to keep on the prescribed road sections;

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c) When making turns, failing to give way to pedestrians at places painted with lines, reserved for them to cross roads, or to operators of rudimentary vehicles being on the road sections reserved for them;

d) Reversing vehicles without making observations or giving advance signals;

e) Failing to use headlights during the nighttime or using high-beam headlines when crossing vehicles from the opposite direction during the nighttime;

f) Leaving vehicles on roadbeds or pavements in contravention of regulations;

g) Failing to stop or park vehicles close to the road sides at places where roadsides are narrow.

2. A fine of between VND 60,000 and 100,000 for one of the following acts:

a) Failing to abide by the order of traffic conductors or traffic controllers;

b) Making U turns not at the right places;

c) Reversing vehicles in areas where stops are not allowed or on one-way roads;

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e) Failing to give way as prescribed when avoiding other vehicles at places where roads are narrow, sloping or where exist obstacles;

f) Stopping or parking vehicles on road sections where vehicles run at suburban sections with wide pavements; stopping or parking vehicles not at the right places on urban roads where exist the parking places; parking vehicles on slopes without chocking the wheels; stopping or parking vehicles on urban roadbeds thus obstructing traffic; stopping or parking vehicles on tramways; stopping or parking vehicles on bridges; stopping or parking vehicles without giving advance signals; stopping or parking vehicles at places where such are prohibited;

g) Driving on restricted roads or in restricted areas; driving on one-way roads from the opposite direction;

h) Failing to abide by the rules, direction of traffic conductors when crossing on ferries, pontoon bridges or places hit by traffic congestion;

i) Failing to speed down and give way when driving vehicles from branch roads into main roads or vice versa.

3. A fine of between VND 100,000 and 300,000 for acts of failing to give way to or obstructing priority vehicles.

4. A fine of between VND 300,000 and 500,000 for one of the following acts:

a) Driving vehicles at speeds exceeding the prescribed speeds;

b) Failing to apply measures to ensure safety as prescribed when special-use vehicular machinery break down at road-railway intersections;

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d) Driving vehicles in underground tunnels without using headlights; stopping or parking vehicles in underground tunnels not at the right places; making reversals or U turns in underground tunnels;

e) Failing to observe the regulations on stopping or parking vehicles at road-railways intersection.

5. A fine of between VND 1,000,000 and 2,000,000 for one of the following acts:

a) Drinking liquors, beer with alcoholic contents in blood or breath exceeding the prescribed level or using other stimulants banned by law;

b) When causing accidents, the concerned vehicle operators fail to stop, fail to keep intact the scenes, flee away without presenting themselves to competent agencies, fail to participate in giving first aid to victims.

6. In addition to fines, the vehicle operators violating Clause 5 of this Article shall be deprived of the right to use driving licenses or certificates of operating special-use vehicular machinery for 60 days.

Article 12.- Sanctioning persons who operate or sit on bicycles and persons who operate other rudimentary vehicles for violating land-road traffic rules

1. Warning or a fine of between VND 10,000 and 20,000 for one of the following acts:

a) Failing to keep to the right along their traveling direction, failing to keep for the prescribed road sections;

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c) Failing to observe rules, instructions of traffic conductors when crossing on ferries, pontoon bridges or when traffic congestion occurs;

d) Failing to abide by the traffic lights, road signs, painted lines;

e) Overtaking other vehicles to the right in cases where such is not allowed;

f) Stopping or parking vehicles on road sections where vehicles run at suburban road sections with pavements;

g) Leaving vehicles on roadbeds, pavements in contravention of regulations;

h) Driving vehicles in underground tunnels without using headlights or light- reflecting objects; stopping or parking vehicles in underground tunnels not at right places; making U-turns in underground tunnels;

i) Riding three or more bicycles abreast; operating two or more other rudimentary vehicles abreast;

j) Using umbrella or mobile phones by bicycle riders; carrying bulky objects or using umbrellas by persons sitting on bicycles;

k) Operating rudimentary vehicles during the nighttime without using signal lamps or light-reflecting objects;

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m) Goods loaded on vehicles fail to ensure safety, obstruct traffic and/or block the vision of the operators.

2. A fine of between VND 20,000 and 40,000 for one of the following acts:

a) Failing to obey the orders of traffic conductors and/or traffic controllers;

b) Parking vehicles on urban thoroughfares thus obstructing traffic, parking vehicles on tramways, parking vehicles on bridges, thus obstructing traffic;

c) Failing to observe regulations on stopping and parking vehicles at road-railways intersections;

d) Driving into restricted roads, restricted areas; driving from the opposite direction on one-way roads;

e) Failing to give way to or obstructing other vehicles which ask to overtake; obstructing priority vehicles;

f) Clinging to, pulling or pushing other vehicles or objects, or carrying on shoulder or transporting bulky objects by persons who operate or sit on vehicles;

g) Using trolleys as mobile goods stalls on roads in contravention of regulations, thus obstructing traffic;

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3. A fine of between VND 40,000 and 80,000 for one of the following acts:

a) Riding bicycles with both hands taken off, making sudden turns in front of running motorized vehicles; driving bicycles with feet;

b) Failing to stop, to keep intact the scene when causing accidents;

c) Operating vehicles without registration, without number plates if the registration and number plates are required in localities.

4. A fine of between VND 100,000 and 200,000 for one of the following acts:

a) Operating bicycles, rudimentary vehicles in zigzags, to weave one’s way or to chase one another;

b) Riding bicycles on one wheel or tricycles on two wheels.

Article 13.- Sanctioning pedestrians who violate land road traffic rules

1. Warning or a fine of between VND 10,000 and 20,000 for one of the following acts:

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b) Failing to abide by the traffic lights, roadsigns, painted lines on roads.

2. A fine of between VND 20,000 and 40,000 for one of the following acts:

a) Failing to obey the orders of traffic conductors and/or traffic controllers;

b) Carrying bulky objects, thus obstructing traffic;

c) Climbing over median strips when crossing roads;

d) Clinging to running traffic means.

Article 14.- Sanctioning persons who direct and walk animals, animal-drawn cart operators for violating land-road traffic rules

1. Warning or a fine of between VND 10,000 and 20,000 for one of the following acts:

a) Failing to keep on the prescribed road sections, entering restricted roads, restricted areas, failing to give way as prescribed, failing to give hand signals when making turns;

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c) Failing to comply with the orders of traffic conductors, traffic controllers;

d) Letting animals walk in the middle of roads, unsafely cross the roads, running animals while operating or sitting on land-road traffic means;

e) Not having enough containers to store animals’ wastes or failing to clean animal wastes dropped on roads, pavements.

2. A fine of between VND 20,000 and 40,000 for one of the following acts:

a) Directing or walking animals into road sections reserved for motorized vehicles;

b) Leaving animals unbridled on land roads;

c) Operating two or more animal-drawn carts abreast;

d) Letting animal-drawn carts run without persons to direct them;

e) Having no signals as prescribed.

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a) Loading commodities onto vehicles beyond the prescribed dimensions;

b) Causing noises or big noises, thus affecting the quietness in population quarters when loading and/or unloading cargoes during the time from 22.00 hrs to 05.00 hrs of the following day.

Article 15.- Sanctioning other acts of violating land-road traffic rules

1. A fine of between VND 20,000 and 40,000 for one of the following acts:

a) Sun-drying rice, paddy, straw, farm produce and/or other objects on roads;

b) Dumping garbage, wastes on roads not at the prescribed places;

c) Illegally building or placing platforms, decks on pavements or roadbeds;

d) Occupying pavements, traffic routes to hold markets, display goods for sale;

e) Occupying pavements, roadbeds for placement of signboards, peddlery, sale offers, bicycle repair, making pent-roofs, conducting other service activities thus obstructing traffic or affecting streets’ beautiful looks;

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g) Playing soccer, shuttle kicking, badminton or other sport games on traffic routes.

2. A fine of between VND 40,000 and 100,000 for one of the following acts:

a) Leaving materials, discarded stuffs, obstacles on land roads, thus obstructing traffic;

b) Letting things hide road signs, traffic lights.

3. A fine of between VND 100,000 and 300,000 for one of the following acts:

a) Using roads in contravention of regulations to organize cultural and/or sport activities, processions, rituals;

b) Erecting welcome arches or other shielding objects within the land areas reserved for roads, thus affecting land-road traffic order and safety;

c) Removing or opening sewage lids on traffic roads without permission;

d) Throwing bricks, earth, stones or any objects at people or means joining in traffic;

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4. A fine of between VND 500,000 and 1,000,000 for one of the following acts:

a) Placing or hanging advertisement billboards on road land or within land-road safety corridors, thus affecting traffic order and safety;

b) Spreading nails or other sharp or pointed objects on, stretching wires or ropes across, or pouring lubricating oil on, roads.

5. In addition to fines, the persons who commit acts of violation prescribed at Points a, b, c, d and e of Clause 1, Clause 2, Points b, c and e of Clause 3, and Clause 4 of this Article shall still be compelled to dismantle illegally constructed works, restore the original state altered due to the administrative violations.

Chapter III

ADMINISTRATIVE SANCTIONING OF ACTS OF VIOLATING THE REGULATIONS ON LAND-ROAD INFRASTRUCTURE

Article 16.- Sanctioning individuals and organizations that commit acts of violation regarding the use and exploitation of land areas reserved for roads

1. A fine of between VND 50,000 and 200,000 for one of the following acts:

a) Temporarily using, exploiting land areas of road safety corridors for the purposes of agricultural farming, thus affecting the works’ safety and traffic safety;

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2. A fine of between VND 500,000 and 1,000,000 for one of the following acts:

a) Illegally opening branch roads linking with main roads;

b) Illegally erecting huts, food and/or drink stalls within land areas reserved for roads.

3. A fine of between VND 1,000,000 and 2,000,000 for acts of illegally building makeshifts or other temporary works within land areas reserved for roads.

4. A fine of between VND 3,000,000 and 5,000,000 for acts of illegally building houses or other solid works within land areas reserved for roads.

5. In addition to fines, individuals and organizations that commit acts of violating the regulations in Clauses 1, 2, 3 and 4 of this Article shall still be compelled to dismantle the constructions, remove illegally planted trees and restore the original state altered due to such administrative violations.

Article 17.- Sanctioning individuals and organizations that commit acts of violating the regulations on project construction or maintenance on land roads being under exploitation

1. A fine of between VND 1,000,000 and 3,000,000 for one of the following acts:

a) Building projects on land roads being under exploitation without permits or with permits but failing to notify such in writing to the road-managing body before carrying out the construction;

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c) Failing to arrange persons to guide and conduct traffic when carrying out construction at narrow road sections or at both ends of bridges, sluices, tunnels, which are under construction;

d) Leaving building materials, earth, stones, construction means outside the construction sites, thus obstructing traffic;

e) Building projects on urban thoroughfares without complying with the prescribed plans or timetables;

f) Failing to remove signal boards, barricades, construction means and other materials or failing to restore the road sections to their original state upon the completion of construction.

2. A fine of between VND 3,000,000 and 5,000,000 for acts of carrying out construction on being-exploited roads without taking adequate measures to ensure traffic safety as prescribed, thus causing accidents, but not seriously enough to be examined for penal liability.

3. In addition to fines, individuals and organizations that violate the regulations at Points a, b, c and d, Clause 1 of this Article shall be compelled to take immediate measures to ensure traffic safety as provided for, to restore the original state altered due to the administrative violations. In cases where they cannot do all these, they shall be forced to suspend the construction.

Article 18.- Sanctioning individuals and organizations that commit acts of violation regarding the construction of car stations, parking yards, parking lots

1. A fine of between VND 1,000,000 and 2,000,000 for acts of building car stations, parking yards incompliant with the approved designing scale.

2. A fine of between VND 3,000,000 and 5,000,000 for acts of building or establishing car stations, parking yards incompliant with the approved plannings.

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Article 19.- Sanctioning individuals and organiza-tions that commit acts of violating the regulations on protection of land-road traffic infrastructure

1. Warning or a fine of between VND 10,000 and 20,000 for one of the following acts:

a) Tending or walking cattle on road taluses; tying cattle to trees on both sides of roads, or to marker posts, road signs, barriers, land-road traffic support works;

b) Climbing on bridge abutments, piers or beams without permission.

2. A fine of between VND 20,000 and 60,000 for acts of building mud embankments and scooping water over road surfaces.

3. A fine of between VND 100,000 and 200,000 for one of the following acts:

a) Damaging or deactivating water drainage system for land roads;

b) Dismantling, removing or falsifying at one’s own will signal boards, traffic lights, barriers, marker posts, milestones, road-painted lines, boundary markers, structures and auxiliaries of land-road works, but not to the extent of being examined for penal liability.

4. A fine of between VND 200,000 and 300,000 for acts of building fires on bridges, under bridges at one’s own will; anchoring vessels within land-road safety corridors.

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6. A fine of between VND 2,000,000 and 5,000,000 for one of the following acts:

a) Drilling, digging or cutting roads without permission;

b) Destroying median strips at one’s own will, but not seriously enough to be examined for penal liability;

c) Exploding mines or exploiting sand, rocks, cobble stones without permission, thus affecting land-road works.

7. In addition to fines, the persons who commit acts of violation prescribed in Clauses 2,3 and 4, Points a and b of Clause 6, of this Article shall also be compelled to restore the original state altered due to the administrative violations.

Chapter IV

ADMINISTRATIVE SANCTIONING OF ACTS OF VIOLATING THE REGULATIONS ON MEANS JOINING IN LAND-ROAD TRAFFIC

Article 20.- Sanctioning operators of automobiles and vehicles of similar structure for violating regulations on conditions of means for joining in traffic

1. A fine of between VND 50,000 and 100,000 for acts of operating automobiles without windscreens; with windscreens and car doors made of unsafety glass.

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a) Having not enough headlamps, number-plate lamps, stop lamps, signal lamps, windscreen wipers, rear-view mirrors, speedometers, or having such things which, however, have no effect, or additionally fixing high-beam lights at the rears of automobiles;

b) Having no horns or having horns not up to the volume standards;

c) Having no silencers or having silencers not up to the technical standards;

d) Failing to adequately fix the number plates or to paint numbers as prescribed; fixing number plates at wrong possitions; the number plates are dim, bent, shielded off or damaged;

e) Insetting opaque glass or sticking wax paper at their own will.

3. A fine of between VND 500,000 and 1,000,000 on automobile drivers for committing one of the following acts:

a) Having not enough brake systems or having brake systems not up to the technical safety standards;

b) Having the steering systems being not up to the technical safety standards;

c) Using rubber tires being of wrong sizes or below the technical standards.

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a) Having no automobile registration papers as prescribed;

b) Using registration papers inscribed with wrong frame numbers or engine numbers; registration papers issued not by competent bodies;

c) Using number plates granted not by competent bodies; number plates being incompatible with registration papers;

d) Failing to transfer the ownership over the means according to regulations;

e) Having no certificates or stamps of technical safety and environmental protection inspection or having such certificates or stamps but they have expired or been issued not by competent bodies (including trailers and semi-trailers);

f) Erasing or modifying registration papers, registration dossiers, certificates or stamps of technical safety and environmental protection expertise or other papers on the means, but not seriously enough to be examined for penal liability.

5. A fine of between VND 3,000,000 and 5,000,000 for one of the following acts:

a) Using automobiles of right-hand drive without permission; driving automobiles registered for temporary operations beyond the permitted scope and/or time;

b) Operating automobiles with expired use duration for participating in traffic;

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d) Changing without permission the general frame structure; the total engine structure; modifying without permission the structures, shapes, dimensions, paint colors of automobiles against the manufacturers’ designs or the modification designs already approved by competent bodies; changing without permission automobiles’ utility properties.

6. A fine of between VND 100,000 and 200,000 on operators of vehicles with structures similar to automobile structures, tractors, for committing one of the following acts:

a) Having not enough headlamps or having headlamps which are, however, ineffective;

b) Having no horns or having horns but not up to the volume standards;

c) Having no silencers or having them but not up to the technical standards.

7. A fine of between VND 500,000 and 1,000,000 on operators of vehicles with automobile-like structures, tractors for committing one of the following acts:

a) Having not enough brake systems or having enough but they are not up to the technical safety standards;

b) The steering systems are not up to the technical safety standards.

8. A fine of between VND 1,000,000 and 2,000,000 on operators of vehicles of automobile-like structure or tractors for committing one of the following acts:

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b) Having no certificates or stamps of technical safety and environmental protection expertise (if the expertise is required).

9. A fine of between VND 3,000,000 and 5,000,000 on operators of self-manufactured or –assembled vehicles.

10. In addition to fines, the operators of automobiles or vehicles of automobile-like structure shall still be subject to additional measures and the following measures: being compelled to fully install such things or to restore the original state altered due to the administrative violations, for acts of violating regulations in Clause 2 of this Article; having the vehicle registration papers withdrawn, for violating regulations at Point b, Clause 4 of this Article; having the number plates confiscated, for violating the regulations at Point c, Clause 4 of this Article; being deprived of the right to use driving licenses for 90 days, for violating regulations in Clause 5 of this Article; having the driving licenses marked with violation times, for violating the regulations in Clauses 3, 4, 5, 6, 7 and 8 of this Article; having the vehicles confiscated and being deprived of driving licenses for an indefinite time (if the violators have them), for violating Clause 9 of this Article.

Article 21.- Sanctioning operators of motorbikes, mopeds and vehicles of similar structures for violating the regulations on conditions of vehicles when they participate in traffic

1. A fine of between VND 20,000 and 50,000 for one of the following acts:

a) Having no horns, low-beam and high-beam headlights; number-plate lamps; stop lamps; signal lamps, rear-view mirrors, or having such things which are, however, ineffective;

b) Failing to fix number plates; fixing number plates in contravention of regulations; number plates are dim, bent, hidden, damaged.

2. A fine of between VND 50,000 and 100,000 for one of the following acts:

a) Having no brake systems or having brake systems which are, however, not up to the technical standards;

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c) Changing vehicles’ labels at one’s own will.

3. A fine of between VND 100,000 and 200,000 for one of the following acts:

a) Using automobile horns or horns with volumes exceeding the prescribed levels;

b) Having no silencers or having silencers which are, however, not up to the technical standards.

4. A fine of between VND 200,000 and 500,000 for one of the following acts:

a) Having no vehicle registration papers as prescribed;

b) Using vehicle registration papers which have been erased; using vehicle registration papers with wrong numbers of vehicle frames and/or engines, or registration papers not issued by competent bodies;

c) Fixing number plates with numerals or letters being not compatible with those inscribed in the registration papers; number plates not granted by competent bodies.

5. A fine of between VND 500,000 and 1,000,000 for one of the following acts:

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b) Erasing, amending or forging vehicle registration dossiers;

c) Changing at one’s own will frames, engines, shapes, dimensions and/or colors of vehicles;

d) Operating vehicles which are registered for temporary operation beyond the permitted scope and/or time;

e) Operating self-manufactured or self-assembled vehicles.

6. In addition to fines, the operators of motorbikes, mopeds or similar vehicles shall be also subject to the application of additional measures and the following measures: confiscation of horns, for breaching Point a, Clause 3 of this Article; confiscation of vehicle registration papers, for violating Point b, Clause 4 of this Article; confiscation of number plates, for violating Point c, Clause 4 of this Article; deprivation of the right to use driving licenses for 30 days, for violating Points a, c and d, Clause 5 of this Article; forced restoration of the original state altered due to administrative violations, for violating Point c of Clause 2, Point c of Clause 5, of this Article; confiscation of vehicles, deprivation of driving licenses (if the violators have them) for indefinite period of time, for violating Point e, Clause 5 of this Article; marking of the violation times on driving licenses, for violating Clauses 3, 4 and 5 of this Article.

Article 22.- Sanctioning operators of rudimentary vehicles for violating the regulations on conditions of vehicles participating in traffic

1. A fine of between VND 10,000 and 20,000 for acts of having no registration papers, having not fixed number plates (if the registration and number plate fixture are stipulated by localities).

2. A fine of between VND 10,000 and 30,000 for one of the following acts:

a) Having no brake systems or having brake systems which are, however, ineffective;

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Article 23.- Sanctioning operators of special use vehicular machinery for violating the regulations on conditions of means participating in traffic

1. A fine of between VND 50,000 and 100,000 for acts of having no headlights, having no silencers as designed.

2. A fine of between VND 100,000 and 300,000 for one of the following acts:

a) Having no registration papers; having fixed number plates not at the right places; having fixed number plates not granted by competent bodies;

b) The brake systems or the steering systems fail to satisfy the technical standards;

c) Special-use parts have been installed not at the right places; fail to ensure firmness when being on the move;

d) Operating beyond the prescribed scope;

e) Having no certificates of technical safety and environmental protection inspection, or having such certificates which have, however, expired.

3. A fine of between VND 500,000 and 1,000,000 for acts of operating self-made, self-assembled or modified special-use vehicular machinery.

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Article 24.- Sanctioning automobile operators for violating the regulations on environmental protection while joining in traffic

1. A fine of between VND 50,000 and 100,000 for acts of operating dirty vehicles into cities, provincial towns.

2. A fine of between VND 100,000 and 200,000 for acts of discharging smokes beyond the prescribed limits, stinking smells into the air.

3. A fine of between VND 200,000 and 300,000 for acts of discharging lubricating oil, toxic chemicals on roads.

4. In addition to fines, the persons who violate the regulations in Clauses 1 and/or 3 of this Article shall also be compelled to overcome the consequences caused by their administrative violations.

Chapter V

ADMINISTRATIVE SANCTIONING OF ACTS OF VIOLATING THE REGULATIONS ON MEANS OPERATORS JOINING IN LAND-ROAD TRAFFIC

Article 25.- Sanctioning acts of violating the regulations on conditions of motorized vehicle drivers

1. Warning shall be imposed on persons aged between full 14 and under 16 for operating mopeds or motorbikes.

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a) Persons aged between full 16 and under 18, who operate motorbikes of a cylinder capacity of 50 cm3 or over;

b) Failing to carry along vehicle registration papers and valid certificates of motorized vehicle owners’ civil liability insurance, by motorbike or moped operators;

c) Failing to carry along driving licenses by motorbike operators.

3. A fine of between VND 50,000 and 100,000 on motorbike operators for committing one of the following acts:

a) Having no driving licenses;

b) Using driving licenses not issued by competent bodies; erased driving licenses;

c) Having no valid certificates of motorized vehicle owners’ civil liability insurance.

4. A fine of between VND 100,000 and 200,000 on automobile operators for failing to carry along vehicle registration papers, driving licenses, certificates of inspection of technical safety and environmental protection; failing to carry along valid certificates of motorized vehicle owners’ civil liability insurance.

5. Warning against persons aged between full 14 and under 16 for operating automobiles, tractors or vehicles of similar structures.

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7. A fine of between VND 300,000 and 500,000 for one of the following acts:

a) Operating automobiles, tractors of a tonnage of 3,500 kg or over; passenger taxis; passenger cars of 10 seats or more by persons aged between full 18 and under 21;

b) Operating passenger cars of over 30 seats by persons aged between full 18 and under 25;

c) Operating passenger cars of over 30 seats by men aged over 55 or women aged over 50;

d) Operating automobiles with expired driving licenses; with driving licenses incompatible with the types of vehicles being operated; having no valid certificates of motorized vehicle owners’ civil liability insurance.

8. A fine of between VND 1,000,000 and 2,000,000 on automobile operators for committing one of the following acts:

a) Having no driving licenses;

b) Having driving licenses not issued by competent bodies; driving licenses which have been erased.

9. In addition to fines, the violators shall also be subject to the application of additional measures and the following measures: temporary seizure of vehicles for 15 days, for acts of violating Clause 1, Point a of Clause 2, Clause 5, Points a, b and c of Clause 7, Point a of Clause 3 of this Article; confiscation of driving licenses and temporary seizure of vehicles for 15 days, for violating Point b, Clause 3 of this Article; deprivation of the right to use driving licenses for 30 days, for violating Points a, b and c, Clause 7 of this Article; the marking of violation times on driving licenses, for violating Clauses 4 and/or 7 of this Article; temporary seizure of vehicles for 30 days and confiscation of driving licenses (if any), for violating Clause 8 of this Article.

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1. A fine of between VND 100,000 and 200,000 on special-use vehicular machinery operators not at the prescribed ages, not compliance with the prescribed production lines.

2. A fine of between VND 200,000 and 300,000 on special-use vehicular machinery operators for having no driving licenses or certificates of land-road traffic legislation knowledge fostering.

Article 27.- Sanctioning acts of violating the regulations on training and testing of drivers

1. A fine of between VND 200,000 and 400,000 on driving practice trainers for committing one of the following acts:

a) Letting trainees who have not driving practice permits to practice driving;

b) Carrying people, cargoes on driving practice vehicles;

c) Driving not on the routes and/or not at the time prescribed in driving practice permits.

2. A fine of between VND 500,000 and 1,000,000 on drivers- training establishments for committing one of the following acts:

a) Failing to arrange driving practice instructors to sit by the side of driving trainees;

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c) Failing to equip driving practice vehicles with additional brakes.

3. A fine of between VND 3,000,000 and 5,000,000 on drivers- training establishments, drivers-testing centers for committing one of the following acts:

a) Having no operation permits; failing to meet all prescribed conditions; failing to comply with training contents and programs, for drivers- training establishments;

b) Failing to fully meet conditions for operation, for drivers-testing centers.

4. In addition to fines, the drivers- training establishments which violate Point a, Clause 3, and drivers-testing centers which violate Point b, Clause 3, of this Article, shall also be compelled to suspend their operation and deprived of the right to use licenses.

Chapter VI

ADMINISTRATIVE SANCTIONING OF ACTS OF VIOLATING THE REGULATIONS ON LAND-ROAD TRANSPORT

Article 28.- Sanctioning passenger car operators

1. A fine of between VND 20,000 and 50,000 for acts of failing to guide passengers to sit at the prescribed places in cars.

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a) Failing to close the car doors when cars are running;

b) Letting passengers sit in cars when the cars embark or disembark ferries, run on pontoon bridges or when the cars are on ferries, excluding aged people, sick persons, disabled persons;

c) Tying luggage, cargoes unsafely; letting cargoes drop on roads.

3. A fine of between VND 100,000 and 300,000 for one of the following acts:

a) Taking, releasing passengers not at the prescribed places;

b) Letting passengers get on or get down when the cars are running;

c) Taking, releasing passengers at places where stop and/or parking are not allowed, at curved road sections where vision is blocked.

4. A fine of between VND 300,000 and 500,000 for one of the following acts:

a) Failing to run on the prescribed routes, according to the prescribed schedules and/or transport itineraries;

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c) Transferring passengers midway onto other cars without their consents;

d) Dropping passengers to escape inspection and control by competent persons;

e) Carrying in excess 1 person for four-seat cars; 2 persons for 9-seat cars; 3 persons for cars of more than 9 seats; 4 persons for cars of 30 or more seats;

f) Carrying cargoes in excess of the vehicles’ designed tonnage or outside dimensions; arranging cargoes in passengers compartments;

g) Transporting goods with stinking smells, animals or commodities, which affect passengers’ health;

h) Arranging commodities on passenger-car roofs, thus tilting the cars;

i) Cars carrying passengers under contracts without bearing the signboard "Xe hop dong" (contractual car);

j) Carrying passengers on fixed routes without itinerary books.

5. A fine of between VND 1,000,000 and 2,000,000 for acts of transporting hazardous goods, flammable or explosion-prone goods on passenger cars.

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Article 29.- Sanctioning truck drivers

1. A fine of between VND 50,000 and 100,000 for acts of carrying unpacked goods, wastes without roofs, covers or with roofs, covers, but still letting them drop on roads.

2. A fine of between VND 100,000 and 500,000 for acts of failing to firmly tie up commodities which need to be firmly tied up when being loaded on lorries; loading cargoes on cabin roofs; loading cargoes thus canting trucks.

3. A fine of between VND 500,000 and 1,000,000 for one of the following acts:

a) Carrying cargoes in excess of the designed tonnage or in excess of dimensions prescribed for vehicles;

b) Carrying persons on vehicle trunks in contravention of regulations.

4. A fine of between VND 1,000,000 and 2,000,000 for acts of illegally transporting commodities, but not to the extent of being examined for penal liability.

5. In addition to fines, the persons who commit acts of violating the regulations in this Article shall also be subject to the application of additional measures and the following measures:

a) Overcoming the consequences caused by acts of violation, for violating Clause 1 of this Article;

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Article 30.- Sanctioning automobile operators for committing acts of violating the regulations on transportation of super-long, super-heavy cargoes.

1. A fine of between VND 1,000,000 and 2,000,000 for acts of carrying super-long and/or super-heavy cargoes without complying with the regulations in the circulation papers; without signaling dimensions of the cargoes.

2. A fine of between VND 2,000,000 and 3,000,000 for acts of carrying super-long and/or super-heavy cargoes without circulation papers as provided for.

3. In addition to fines, the persons committing acts of violation prescribed in Clauses 1 and 2 of this Article shall also be subject to the marking of violation times on their driving licenses.

Article 31.- Sanctioning automobile operators for acts of committing the regulations on transportation of dangerous goods

1. A fine of between VND 1,000,000 and 2,000,000 for acts of transporting dangerous goods, but stopping or parking vehicles at crowded places, population quarters, important works or at places where danger may easily occur.

2. A fine of between VND 2,000,000 and 3,000,000 for acts of transporting dangerous goods without permits or with permits but failing to comply with the regulations therein.

3. In addition to fines, the persons who commit acts of violating Clauses 1 and/or 2 of this Article shall also be subject to the marking of violation times in driving licenses.

Article 32.- Sanctioning operators of buses, sanitation vehicles, trucks carrying wastes, unpacked materials and other lorries for acts of violating the regulations on transport activities within urban centers

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Article 33.- Sanctioning taxi drivers

1. A fine of between VND 100,000 and 200,000 on taxi drivers for committing one of the following acts:

a) Using cars of over 9 seats including driver’s as taxi;

b) Having no taxi lamp boxes or meters as provided for;

c) The vehicle’s paint color, enterprises’ logos, transaction telephone numbers inscribed on vehicles are not compatible with registration;

d) Having no training certificates as provided for.

2. A fine of between VND 200,000 and 300,000 on taxi drivers for acts of competing for passengers.

3. A fine of between VND 1,000,000 and 2,000,000 on persons who operate passenger cars in form of taxi but without taxi business registration.

4. In addition to fines, the violators shall also be subject to the application of additional measures and the following measures: Deprivation of the right to use driving licenses for 30 days, for violating Clause 3 of this Article; the marking of violation times on driving licenses, for violating Clauses 2 and/or 3 of this Article.

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SANCTIONING OTHER VIOLATIONS RELATED TO LAND-ROAD TRAFFIC

Article 34.- Sanctioning persons who illegally manufacture, sell number plates of land-road traffic means

1. A fine of between VND 1,000,000 and 2,000,000 for acts of selling number plates of land-road traffic means other than the number plates manufactured by competent State bodies, or without permission of competent State bodies, but not seriously enough to be examined for penal liability.

2. A fine of between VND 3,000,000 and 5,000,000 for acts of manufacturing number plates without permission of competent State bodies.

3. In addition to fines, the persons committing acts of violation prescribed in Clause 1 and/or 2 of this Article shall also be subject to confiscation of the number plates and suspension of operation.

Article 35.- Sanctioning means owners for violating the regulations on land-road traffic safety conditions

1. A fine of between VND 1,000,000 and 2,000,000 for acts of failing to abide by the withdrawal of vehicle registration papers; the number plates of automobiles, special-use vehicular machinery and those of similar structures according to regulations.

2. A fine of between VND 2,000,000 and 3,000,000 for acts of renting, borrowing components and/or accessories of automobiles when taking automobiles for inspection.

3. A fine of between VND 5,000,000 and 10,000,000 for acts of modifying automobiles of other types into passenger cars.

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1. A fine of between VND 50,000 and 100,000 on passengers for committing one of the following acts:

a) Failing to observe the car-travel rules;

b) Causing disorder in cars;

c) Threatening the life and health or infringing upon the property of other passengers in cars, but not seriously enough for being examined for penal liability;

d) Hanging onto, clinging to cars’ sides; standing, sitting or lying on cars’ roofs; opening at one’s own will car doors or committing other unsafe acts when cars are running.

2. A fine of between VND 100,000 and 200,000 for acts of illegally carrying goods onto passenger cars, but not seriously enough for being examined for penal liability.

Article 37.- Sanctioning operators of caterpillars, vehicles with tonnage or dimensions exceeding the capacities or sizes of bridges or roads

1. A fine of between VND 100,000 and 200,000 for acts of failing to obey the tonnage inspectors’ signals requesting the inspection of vehicle’s tonnage.

2. A fine of between VND 1,000,000 and 2,000,000 for acts transporting cargoes with the total tonnage of the vehicles (including the deadweight tonnage of vehicles and cargoes’ weight), the vehicle axes’ load, after subtracting the permitted errors, exceeding the bridges’ or roads’ load capacity by between 1 and 2%.

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a) Transshipping goods or employing other tricks to escape the detection of overloaded or oversized vehicles;

b) Having no circulation papers; expired circulation papers; or failing to keep on the permitted routes or road sections though having circulation papers;

c) Carrying goods with the total tonnage of vehicle (the dead weight of vehicle’s body and goods tonnage), load of vehicle’s axes, after subtracting the permitted errors, exceeding of the load capacity of bridges or roads by over 2%;

d) Carrying goods with dimensions beyond the limit sizes of bridges or roads, inscribed in the circulation papers.

4. In addition to fines, the means operators or means owners who commit acts of violation prescribed in Clauses 2 and 3 of this Article shall also be compelled to unload the excessive weight, dismantle the oversized sections or suspend the circulation; if causing damage to bridges or roads, they must restore them to their original state altered by their administrative violations; who commit acts of violation prescribed in Clauses 2 and 3 of this Article shall also be subject to the marking of violation times on their driving licenses.

Article 38.- Sanctioning illegal vehicle racers, illegal race stimulators

1.A fine of between VND 500,000 and 1,000,000 for one of the following acts:

a) Rallying to stimulate, incite acts of driving vehicles beyond the prescribed speeds, in zigzag, way-weaving, in chase of one another on roads or illegally racing;

b) Taking part in illegal bicycle races, cyclo races, animal-drawn cart races, animal races.

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3. A fine of between VND 10,000,000 and 20,000,000 on illegal automobile, motorbike or moped racers, but not seriously enough for being examined for penal liability.

4. A fine of between VND 20,000,000 and 30,000,000 for one of the following acts:

a) Resisting persons on official duty by automobile, motorbike, moped racers, but not seriously enough for being examined for penal liability;

b) Organizing illegal vehicle races, but not seriously enough for being examined for penal liability.

5. In addition to fines, the persons who commit acts of violating Clause 3, Point a of Clause 4, of this Article shall also be deprived of the right to use driving licenses for indefinite time and have their vehicles confiscated.

Article 39.- Sanctioning violators who commit acts of obstructing or giving money to persons on official duty

1. A fine of between VND 500,000 and 1,000,000 for one of the following acts:

a) Obstructing the inspection and control by persons being on official duty;

b) Giving money, assets or other material benefits to persons who perform their official duty in order to shirk the handling of administrative violations, but not seriously enough for being examined for penal liability.

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Article 40.- Sanctioning operators of motorized land-road vehicles affixed with foreign number plates, who violate the transport agreements signed between Vietnam and foreign countries

1. A fine of between VND 1,000,000 and 2,000,000 on operators of motorized vehicles affixed with foreign number plates for committing one of the following acts:

a) Circulating means on the Vietnamese territory beyond the prescribed time limits;

b) Operating beyond the permitted scope of operation;

c) Operating vehicles without transnational licenses; without transnational badges or with expired ones;

d) Carrying passengers or commodities in contravention of the land-road transport agreements or protocols, which have been signed, or exiting or entering not at the right border-gates.

2. In addition to fines, the operators of land-road vehicles affixed with foreign number plates shall have their vehicles re-exported out of Vietnam, if violating Points a, c, d, Clause 1 of this Article, or be subject to the marking of violation times on their driving licenses if violating Clause 1 of this Article.

Chapter VIII

COMPETENCE TO ADMINISTRATIVELY SANCTION ACTS OF VIOLATION REGARDING LAND-ROAD TRAFFIC

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1. Presidents of the People’s Committees of all levels are competent to sanction acts of violating the provisions of this Decree within the scope of their localities’ management.

2. The land-road traffic police are competent to sanction acts of violating land-road traffic order and safety as well as urban traffic order and safety on persons and means joining in land-road traffic, prescribed in this Decree.

3. The order-maintaining police, force, the police force in charge of administrative management of social order are competent to sanction acts of violation prescribed at points, clauses and articles of this Decree as follows:

a) Point f of Clause 2; Points g and h of Clause 3; Point k of Clause 5; Point b of Clause 6 of Article 9;

b) Point g, Points l of Clause 2; Point b of Clause 5; Clause 8; Clause 9 of Article 10;

c) Point g of Clause 1; Points f, g of Clause 2, Point e of Clause 4 of Article 11;

d) Points b, c, d, f, g, Clause 2, Article 12;

e) Points b and c, Clause 2 of Article 13;

f) Article 14;

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h) Article 22;

i) Points a, b and c of Clause 1, Article 36;

j) Articles 38 and 39

4. The land-road traffic inspection forces are competent to sanction acts of violation by persons and means participating in traffic at static traffic points prescribed at points, clauses and articles of this Decree as follows:

a) Points a, g, h and o of Clause 3, Point b of Clause 6, of Article 9;

b) Points g, q of Clause 2, Point a, Clause 3 of Article 10;

c) Points f and g of Clause 1; Points a, f and h of Clause 2 of Article 11;

d) Points c, f and g, Clause 1, Points a and b of Clause 2, Article 12;

e) Points a, b, c, e of Clause 1; Points a and b of Clause 2; Points a, b, c and e of Clause 3, Article 15;

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g) Clause 1, Points b, c of Clause 2; Point a, c and of Clause 3; Points a, i, f, h and j of Clause 4, Article 28; Clause 1, Point a of Clause 3, Article 29.

h) Articles 30, 32, 33 and 37.

Article 42.- Sanctioning competence of the presidents of People’s Committees at all levels

1. The commune-level People’s Committee presidents are competent:

a) To impose warning;

b) To impose fines of up to VND 500,000;

c) To confiscate material evidences, means used for administrative violations, valued at up to VND 500,000;

d) To force the restoration of the original state altered due to administrative violations committed, or force the dismantlement of illegally constructed works.

2. The district-level People’s Committee presidents shall have the rights:

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b) To impose fines of up to VND 20,000,000;

c) To confiscate material evidences, means used for administrative violations;

d) To deprive the right to use driving licenses, practice certificates, which falls under their jurisdiction;

e) To force the restoration of the original state altered due to administrative violations or force the dismantlement of illegally built works.

3. The provincial-level People’s Committee presidents shall have the rights:

a) To impose warning;

b) To impose a fine of up to VND 30,000,000;

c) To confiscate material evidences, means used for administrative violations;

d) To deprive the right to use licenses practice, certificates, which falls under their jurisdiction;

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Article 43.- Sanctioning competent of people’s police

1. People’s police being on official duty shall have the right:

a) To imposing warning;

b) To impose fines of up to VND 100,000.

2. Team leaders and station heads of the people’s police force, prescribed in Clause 1 of this Article, shall have the rights:

a) To impose warning;

b) To impose fines of up to VND 200,000.

3. The commune-level police chiefs shall apply forms of administrative handling prescribed in Clause 1, Article 42 of this Decree.

4. The district-level police chiefs shall have the rights:

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b) To impose fines of up to 10,000,000;

c) To deprive the right to use licenses, practice certificates, which falls under their jurisdiction;

d) To confiscate material evidences, means used for administrative violations;

e) To force the restoration of the original state altered due to the administrative violations or force the dismantlement of illegally constructed works.

5. The heads of the traffic police sections, the heads of social order police section, the heads of the social order management police section of the provincial/municipal Police Departments; the heads of the special task-force units, the heads of the mobile police units of the company or higher levels, operating independently shall have the sanctioning competence like the police chiefs of district, provincial-town- level, prescribed in Clause 4 of this Article.

6. The directors of the provincial-level Police Departments shall have the right:

a) To serve warning;

b) To impose fines of up to VND 20,000,000;

c) To apply additional sanctioning forms and consequence-overcoming measures specified in Clause 4 of this Article.

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a) To serve warning;

b) To impose fines of up to VND 30,000, 000;

c) To deprive the right to use licenses, practice certificates, which falls under their jurisdiction;

d) To confiscate material evidences, means used for administrative violations;

e) To apply additional sanctioning forms and consequence-overcoming measures specified in Clause 4 of this Article.

Article 44.- Sanctioning competence of land-road traffic inspectors

1. The land-road traffic inspectors being on official duty shall have the rights:

a) To serve warning;

b) To impose fines of up to VND 200,000;

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d) To force the restoration of original state altered due to administrative violations or force the dismantlement of illegally constructed works.

2. The land-road traffic chief inspectors of the provincial/municipal level shall have the rights:

a) To serve warning;

b) To impose fines of up to VND 20,000,000;

c) To deprive the right to use licenses, practice certificates, which falls under their jurisdiction;

d) To confiscate material evidences, means used for administrative violations;

e) To force the restoration of the original state altered due to the administrative violations or to force the dismantlement of illegally constructed works.

3. The land-road traffic chief inspectors of the ministerial level shall have the rights:

a) To serve warning;

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c) To strip of the right to use licenses, practice certificates, which falls under their jurisdiction;

d) To confiscate material evidences, means used for administrative violations;

e) To force the restoration of the original state altered due to the administrative violations or force the dismantlement of illegally constructed works.

Article 45.- Fine collection and payment

1. Individuals and organizations committing administrative violations regarding land-road traffic and being fined shall have to pay fines according to law provisions.

2. The collection and payment of fines shall comply with the provisions of the Ordinance on Handling of Administrative Violations.

Article 46.- Sanctioning order and procedures

The sanctioning order and procedures must comply with the provisions of the Ordinance on Handling of Administrative Violations.

Article 47.- Abiding by decisions on administrative sanctions

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2. If past the time limit prescribed in Clause 1 of this Article the individuals and/or organizations being sanctioned for administrative violations fail to voluntarily abide by the sanctioning decisions, they shall be coerced to do so.

Article 48.- Coercive enforcement of decisions to sanction administrative violations

1. Administratively sanctioned individuals and organizations that fail to abide by the sanctioning decisions shall be forced to implement them through the following measures:

a) Deducting parts of their wages or incomes, making deductions from deposits in their bank accounts;

b) Inventorying part of assets with value corresponding to the fine amount for auction;

c) Other coercive measures to confiscate material evidences, means used for administrative violations, to force the restoration of the original stage altered due to the administrative violations or force the dismantlement of illegally constructed works.

2. Individuals and organizations that receive the coercion decisions must strictly abide by them.

3. The coerced individuals and organizations must bear all expenses for organization of the implementation of coercive measures.

4. The coercion through measures specified at Points b and c, Clause 1 of this Article must be notified in writing before the implementation thereof to the commune-level People’s Committees of the localities where the coercion shall be effected for coordinated implementation.

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6. The people’s police force shall have to ensure order and safety in the process of enforcing the coercion decisions of the presidents of the People’s Committees of the same level or the coercion decisions of other State bodies when so requested by the latter.

Article 49.- Complaint and denunciation

1. Administratively sanctioned individuals and organizations or their lawful representatives are entitled to complain about sanctioning decisions under the provisions of the Ordinance on Handling of Administrative Violations.

2. Citizens may denounce the administrative violations committed by organizations or individuals and the violations committed by persons who are competent to impose administrative sanctions to competent State bodies.

Chapter IX

IMPLEMENTATION PROVISIONS

Article 50.- Implementation effect

This Decree takes implementation effect 15 days after its publication on the Official Gazette. To annul the Government’s Decree No.39/2001/ND-CP of July 13, 2001 prescribing the administrative sanctions against violations of land-road traffic order and safety as well urban traffic order and safety; to annul Articles 39 and 40 of the Government’s Decree No.172/1999/ND-CP of December 7, 1999 detailing the implementation of the Ordinance on Protection of Traffic Works regarding land-road traffic works.

Article 51.- Implementation organization

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Article 52.- Implementation responsibilities

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Phan Van Khai